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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 ----.....