The following positions are hereby created for the purpose of
establishing, coordinating, and operating a civil defense and disaster
relief program:
(1)
Emergency management director of the city.
In accordance
with the executive order of the governor of the state, this position
shall be held by the mayor or the presiding officer of the city council.
The director shall be responsible for insuring that a comprehensive
emergency management program is established within the city.
(2)
Emergency management coordinator for the city.
This
position shall be held by the fire chief. The fire chief shall be
responsible for administering a comprehensive management program within
the city in accordance with the powers, duties and responsibilities
set out below. The fire chief may delegate the day-to-day responsibilities
of this position to any other officer or employee of the city.
(1996 Code, sec. 1.801)
In the event of a disaster, the emergency management director
and the city emergency coordinator shall be immediately notified.
A state of emergency may be declared by the emergency management director
upon the occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or
man-made cause, including fire, wind, storm, water contamination,
epidemic, air contamination, blight, drought, infestation, explosion,
riot, hostile military or paramilitary action, other public calamity
requiring emergency action, or energy emergency. Upon declaration
of a state of emergency, the director shall authorize the city emergency
coordinator to put into effect the plan for handling such an emergency.
A state of emergency may not be continued or renewed for a period
in excess of seven (7) days except by or with the consent of the city
council. Any order or proclamation declaring, continuing, or terminating
a state of emergency shall be given prompt and general publicity and
shall be filed promptly in the office of the city secretary.
(1996 Code, sec. 1.802; Ordinance
adopting Code)
Emergency response activities will be coordinated from the emergency
operating center (EOC) established by the city manager. The EOC will
be activated by the city manager upon notification of a possible or
actual emergency.
(Ordinance adopting Code)
(a)
The
mayor of the city, as emergency management director, is responsible
for assuring that coordinated and effective emergency response systems
are developed in accordance with sections 418.101–418.109, Government
Code, V.T.C.A. The emergency management organization is further defined
by a document to be entitled “Emergency Management Plan for
the City of University Park.”
(b)
The
mayor, as emergency management director, shall request outside help
and assistance from other political jurisdictions or volunteer groups,
to be used as an adjunct to existing city services, when outside assistance
is necessary.
(1996 Code, sec. 1.804)
Assignment of emergency functions and responsibilities shall
be as follows:
(1)
The
mayor and city council have primary responsibility for the following:
(A)
Declaring a state of emergency when required.
(B)
Implementing the emergency powers of local government.
(C)
Making emergency policy decisions.
(D)
Providing emergency information to the citizenry through the public
information officer.
(E)
Directing the overall preparedness program for the city.
(F)
Requesting outside assistance from state or federal governments.
(G)
Appointing the emergency preparedness coordinator, who shall be the
fire chief unless otherwise designated.
(2)
The
city manager has primary responsibility for the following:
(A)
Directing the emergency operational response of city services.
(B)
Coordinating the activities of outside agencies called in to assist.
(C)
Acting as a staff advisor to the mayor and city council on emergency
matters.
(D)
Supporting the overall preparedness program in terms of its budgetary
and organizational requirements.
(E)
Implementing the policies and decisions of the governing body.
(F)
Serving as controller of the EOC during its activation.
(G)
Assuring that all city departments develop, maintain, and exercise
their respective services during an emergency.
(3)
The
emergency preparedness coordinator is responsible for the following:
(A)
Serving as a staff assistant to the mayor, city council, and city
manager on emergency matters.
(B)
Coordinating the primary and general preparedness activities of the
city.
(C)
Serving as liaison between the city and state preparedness organizations.
(D)
Insuring the operation of the EOC.
(E)
Maintaining an emergency plan entitled “Emergency Operation
Plan for the City of University Park,” which shall be periodically
updated and distributed to all city employees.
(F)
Keeping the mayor, city council, and city manager advised of the
city’s current preparedness status and future needs.
(G)
Initiating and monitoring the increased readiness actions among the
city services when disaster threats occur.
(H)
Preparing and maintaining a resource inventory.
(I)
Maintaining liaison with volunteer groups and private groups.
(J)
Analyzing the emergency training needs of the city and arranging
for the training necessary.
(1996 Code, sec. 1.805)
The city shall adopt and institutionalize the use of the Incident
Command System/National Incident Management System (ICS/NIMS) as directed
by the Homeland Security Presidential Directive-5 (HPSD-5). The city
will employ the ICS/NIMS in order to maintain command and control,
organization and assignment responsibilities. The ICS/NIMS will provide
a consistent nationwide template for all city departments and command
level personnel to work with federal, state, and other local jurisdictions
to prevent, prepare for, respond to and recover from all domestic
incidents regardless of cause, size or complexity. The ICS/NIMS directs
all city departments to integrate the ICS/NIMS into functional and
system-wide emergency operations policies, plans, and procedures;
train responders, supervisors and command level officers in ICS/NIMS;
and conduct exercises with responders at all levels from multi-disciplines
and jurisdictions.
(1996 Code, sec. 1.806)
At all times when the orders, rules, and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supersede and override all existing orders, rules, and regulations
insofar as the latter may be inconsistent therewith.
(1996 Code, sec. 1.807)
This article shall not be construed so as to conflict with any
state or federal statute or with any military or naval order, rule,
or regulation.
(1996 Code, sec. 1.808)
This article is an exercise by the city of its governmental
functions for the protection of the public peace, health, and safety,
and neither the city, the agents and representatives of the city,
nor any individual, receiver, firm, partnership, corporation, association,
or trustee, nor 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 article
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 or privilege or otherwise permits the city to inspect,
designate and use the whole or any part or parts of such real estate
or premises for the purpose of sheltering persons during an actual,
impending or practice enemy attack shall, together with his successors
in interest, if any, not be civilly liable for the death of, or injury
to, any person on or about such real estate or premises under such
license, privilege or other permission or for loss of, or damage to,
the property of such person.
(1996 Code, sec. 1.809; Ordinance
adopting Code)
Except as specifically authorized or otherwise allowed by state
law and ordinances of the city, no person shall have the right to
expend any unappropriated or unbudgeted public funds of the city in
carrying out any emergency management activity authorized by this
article without prior approval by the city council, nor shall any
person have any right to bind the city by contract, agreement, or
otherwise without prior and specific approval of the city council.
(1996 Code, sec. 1.810)
It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the implementation and operation of the emergency management plan. 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 emergency management organization of the city, unless authority to do so has been granted to such person by the proper officials. Convictions for violations of this article shall be punishable by a fine as provided for in the general penalty provision found in section 1.01.009 of this code.
(1996 Code, sec. 1.811)
