HomeMy WebLinkAboutOrd 1850 - emergency management
ORDINANCE NO. 1850
AN ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,
EST ABLISHING A PROGRAM OF COMPREHENSIVE EME"RGENCY MANAGEMENT
WHICH INCLUDES THE MITIGATION, PREPAREDNESS RESPONSE AND RECOVERY
PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF
EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF
AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING THE DUTIES
AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL
ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH AL"L PHASES OF
EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE
CITY OF WEST UNIVERSITY PLACE, TEXAS; AUTHORIZING COOPERATION AND
MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER
. CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING
UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS
A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $500~OO; FINDING
COMPLIANCE WITH THE OPEN MEETINGS ACT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, The City of West University Place, Texas (the HCityU) finds that the identification
of potential hazards and the prevention or mitigation of their effects must be an on-goillg concern
of the City if the lives and property of the po:pulace are to be protected; and
WHEREAS, The City Council hereby declares that the preparation of a plan, and the means for
its implementation, for the protection of lives and property in the City from natural or "man-
caused disasters or threat thereof is immediately essential; and
WHEREAS, The City Cou"ncil further finds that in times of disasters which may imperil the
safety of the inhabitants of the City, or their "property, it becomes necessary to effectuate alld
place into operation the preconceived pla11s and preparations with a minimum of delay; and
WHEREAS, The City Council finds, thereof, that the preparatiol1, adoption and implementation
of such plans are now imperative;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. There exists the office of Emergency Management Director of the City of
West University Place, Texas which shall be "held by the Mayor in accordance with law.
a. A"n Emergency Management Coordinator may be appointed by and serve at the
pleasure of the Director~
b. The Director shall be responsible for conducting a program of comprehensive
e.mergency management within the City and for carrying out the duties and
responsibilities set forth in Section 4 of this ordinance. He may delegate authority
for execution of these duties to the Coordinator, but ultimate responsibility for
such execution shall remain with the Director.
Section 2. The powers and duties of the Director shall include an on-going survey of actual or
potential major hazards which threaten life and property within the city and an on-going program
of identifying and requiring or recommending the implementation of measures which would tend
to .prevent the occurrence or reduce the impact of such hazards if a disaster did occur~ As part of
his res.ponsibility in hazards mitigation, the Director shall supervise the development of an
emergency Inanagement plan for the City of West University Place alld shall recommend that
plan for adoption by the City Council along with all mutual aid plans and agreements which are
deemed essential for the implementatio.n of such emergency managemel1t plan. The powers of
. the Director shall include the authority to declare a state of disaster, but such action may be
subject to confirmation by the City Council at its next meeting. The duties of the Director shall
also include the causing of a survey of the availability of existing personnel, equipment, stlpplies
and services which could be used during a disaster, as provided for herein, as well as a
contil1uing study of the need for amendments and improvements in. the emergency managelnent
plan..
Section 3. The Mayor is hereby authorized to join with the County Judge of th.e County of
Harris and the Mayors of the other cities in said county in the formation of an Ern.ergellcy
Management Council for the County of Harris and shall have the authority to cOQ.perate in the
preparation of a joint Emergency Management Coordinator, as well as all powers necessary to
participate in a COullty-wide program of emergency management insofar as said program may
affect the City of West University Place, Texas.
Section 4. The duties and respOllsibilities of the Emergency Management Director shall include
the following:
a. The direction alld control of the actual disaster operations of the City of West
University Place, Texas Elnergency Manageulent organization as well as the
training of Emergency Management personnel.
b. The determination of all questions of authority and responsibilities that may arise
within th~Emergency Management Organization of the City.
c~ The maintenance of necessary liaison with municipal~ county, district, state,
regional, federal or other Emergency Management organization.
d. The marshalling after declaration of a disaster as provided for a.bove, of all
necessary personnel, equipment or supplies from allY department of the city to aid
in the carrying out of the provisions of the emergency nlanagement plan.
e. The issuance of all necessary proclamations as to the existence of a disaster and
the immediate operational effectiveness of the Emergency Management Plan~
f. The issuance of reasonable rules, regulations or directives, which are necessary
for the protection of life and property in the City of West University Place, Texas~
Such rules and regulations shall be filed in the office of the city secretary and
shall receive widespread publicity, unless publicity would be of aid and comfort
to the enemy.
g. The supervision of the drafting and execution of mutual aid agreements in
cooperation with the representatives of the state and of other political subdivisions
of the state, and the drafting and execution, if deemed desirable, of an agreement
with the County in. which said City is located and with other municipalities within
the COU11ty, for the county-wide coordillation of Emergency Management efforts~
h. The supervision of and final authorization for the procurement of all necessary
supplies alld equipment including acceptance of private contribution which may
be offered for the purpose of improving Emergency Management within the city.
L The authorizing of agreements, after approval by the City Attorney, for use of
private property for public shelter and other purposes~
Section 5. The operational Emergency Management organization of the City shall consist of the
officers and employees of the city so designated by the Director in the emergency management
plan, as well as all organized volunteer groups~ The functions and duties of this organization
shall be distributed among such officers and employees in accordance with the terms of the
emergency.plan. Such .plan shall set forth the form of the organization, establish and designate
divisions and functions, assign tasks, duties and powers, and designate officers and employees to
carry out the provision of this ordinance. Insofar as possible the form of organization, titles an.d
terminology shall conform the recommendations of the State Division of Emergency
Management of the State of Texas and of the Federal Government
Section 6. The Emergency Management Plan attached as Exhibit HA" to this Ordinance and
dated July 2007 is hereby adopted as the Emergency Management Plan of the City.
Section 7. Any unauthorized person who s.hall operate a siren or other devise so as to simulate a
warning signal or the t~rmination of a warning shall be deemed guilty of a violation of this
ordinance.
Section 8. At all times when th.e orders, rules and regulations .made and promulgated pursuant to
this ordinance shall be in effect, they shall supersede and override all existing ordil1ances, orders,
rules and regulations insofar as the latter may be inconsistent therewith.
Section 9. This ordinance shall not be construed so as to conflict with any State or Federal
statute or with any military or naval order, rule or regulation.
Section 10. This ordinance is an exercise by the City of its governmental functions for the
protection of the .pu.blic peace, health and safety and neither the City, the agents and
representatives of the City, nor any individual, receiver, firm, partnership, corporatio.n,
association, or trustee, 110r any of the agents thereof in good faith carrying out, complying with
or attempting to comply with any order, rule or regulation promulgated pursuant to the
provisions of this ordinance shall be liable for any damage sustained to persons as the result of
said activity. Any person owning or controlling real estate or other premises who voluntarily and
without compensation grants to the City a license of privilege, or otherwise permits the City to
inspect, designate and use the whole or any parts of such real estate or premises for the purpose
of sheltering persons during all actual, impending or practice enemy attack shall, together with
his successors in interest, if any, not be civil liable for the death of, or injury to any person on or
abo.ut such real estate or premises under such license, privilege or other permission or for loss of,
or damage to, the property of such persons.
. Section 11. No person shall have the right to expend any public fUllds of the City ill carrying out
any Emergency Management activity authorized by this ordinance without prior approval by the
City Council, nor shall any person have the right to bind th.e City by contract, agreement or
otherwise without prior and s.pecific approval of the City Council.
Section 12. It shall be unlawful for any person willfully to o.bstruct, hinder, or delay any
luember of the Emergency Management organization in the enforcement of any rule or
regulation issued pursuant to this ordinance, or to do any act forbidden by any rule or regulation
issued pursuant to the authority contained in this ordinance. It shall likewise be unlawful for any
person to wear, carry or display any emblem, insignia or any other means of identification as a
member of the E.mergellcy Management organization of the City unless authority to do so has
been granted to such person by the .proper officials. Convictions for violations of the .provisions
of this ordinal1ce shall be punishable by a fine not to exceed FIVE HUNDRED AND NO/IOO
DOLLARS ($500.00).
Section 13. Each employee or any il1dividual that is assigned a function or responsibility shall
solemnly swear or affirm to support and defend the Constitution of the United States, laws of the
State of Texas alld the Ordinance of the City.
Section 14. If any section, sentence, phrase, clause or part of any section,. sentence, phrase or
clause of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this ordinance, and it is here.by declared to be the intentiol1 of the City
Council of the City of .Fest University Place, Texas to have passed each alld every section,
sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section,
sentence, p.hrase, or clause, or part thereof, may be declared invalid~
Section 15. All ordil1ances, parts of ordinates, or resolutio:ns in conflict herewith are expressly
repeated.
Section 16. The City Cou.ncil officially finds~ determines, recites and declares that a sufficient
written o.otice of the date, hour, place and subject of this meeting of the City Council of the City
of West University Place was posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as required by the Texas Ope.n
Meetings Act, Chapter 551, Texas Government Code, as amended, and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City
Council fUlther relies, approves and confirms such written notice and the contents and posting
thereof.
Section 17. This Ordinance shall be effective from and after its passage and approval. The City
Clerk shall give notice for the passage of this ordinan.ce by causing the caption l1ereof to be
published in the official news.paper of the City of West University .Place~
PASS~ROVED AND ADOPTED ON FIRST READING on
~3 , 2007.
t/ Co --cilmembers Voting Aye:
Councilmembers Voting No:
Councilme.mbers A.bsent:
PASSED, APPROVED AND ADOPTED ON SECOND AND FINAL READING
AND SIGNED on ~oz.r /3,_ , 2007.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent
Signed:
II- /fI-
Ma 4
Ity Secretary (Seal)
Approved as to legal form:~ r k--
City Attorney ----.....