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)
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)