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HomeMy WebLinkAboutO-2008-1498-A TABLED-establish program of comprehensive emergency management ,original 1986 c "-- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 24. 2008 Bude:et Requested By: .leff Sggli Source of Funds: Department: Fmergew:y MaDaFm.~pt Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Ordinance 1498-A if approved, would update the City's current emergency management ordinance and program to be consistent with Harris County and the State of Texas. The existing ordinance was developed in 1986. Since then there have been changes in Emergency management across the State and in La Porte. This revision to the ordinance will reflect those changes. ~~9 /09J Date Ordinance No. 1498-A (IDr 1/1 ~/(d 3;J ~ AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT AS REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 418, PROVIDING FOR DISASTER MITIGATION, PREPAREDNESS, RESPONSE, AND RECOVERY; PROVIDING FOR HOMELAND SECURITY; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT; AUTHORIZING THE MAYOR TO ACT AS THE EMERGENCY MANAGEMENT DIRECTOR AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THE POSITION; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF LA PORTE; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THE CITY OF LA PORTE AND OTHER CITIES OR COUNTIES AND FOR WORK RELATED PURPOSES; PROHIBITING UNAUTHORIZED TAMPERING OR USE OF WARNING SYSTEMS; AND MAKING VIOLATIONS A MISDEDMEANOR PUNISHABLE BY FINE NOT TO EXCEED $1,000, AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, The City Council of the City of La Porte finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on-going concern of the City if lives and property of the populace 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 of La Porte from natural or man-caused disasters or threat thereof is immediately essential; and WHEREAS, the City Council 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 and place into operation the preconceived plans and preparations with a minimum of delay; and WHEREAS, the City council finds, therefore, that the preparation, adoption and the implementation of such plans are imperative; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. There exists the Office of Emergency Management for the City of La Porte, of which the Mayor shall be the authorized Director, in accordance with State law. In the case of the absence or incapacity of the Mayor, the Mayor Pro Tern shall serve as Director of the Office of Emergency Management. In the absence or incapacity of the Mayor Pro Tern the City Manager will serve as Director. A) An Emergency Management Coordinator will be appointed by and serve at the pleasure of the Director; B) The Director shall be responsible for conducting a program of comprehensive emergency 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 responsibility in hazard mitigation, the Director shall supervise the development of an emergency management plan for the City of La Porte, and shall recommend the plan for adoption by the City Council along with any and all mutual aid plans and agreements which are deemed essential for the implementation of such emergency management plan. The powers of the Director shall include the authority to declare a state of disaster, but such action duties of the Director shall also include the causing of a survey of the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein, as well as a continuing study of the need for amendments and improvements in the emergency management plan. Section 3. The duties and responsibilities of the Emergency Management Director, to be executed both through personal actions and through the delegation of tasks, shall include the following: A) The direction and control of the actual disaster operations of the La Porte Office of Emergency Management as well as the training of the Emergency Management personnel. B) The determination of all questions of authority and responsibilities that may arise within the emergency management organization of the city. C) The maintenance of necessary liaison with other municipal, county, district, state, regional, federal, or other Emergency Management organizations. D) The marshaling, after declaration of a disaster as provided for above, of all necessary personnel, equipment, or supplies from any department of the City which may aid in carrying out the provisions of the emergency management plan. E) The issuance of all necessary proclamations as to the assistance of a disaster and the immediate operational effectiveness of the City of La Porte emergency management plan. F) The issuance of reasonable rules, regulations or directives which are necessary to the protection of life and property in the City of La Porte. Such rules and regulations shall be filed in the office of the city Secretary and shall receive widespread publicity unless publicity would be to the detriment of the public. G) The supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local 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 county, for the county-wide coordination of emergency management efforts. H) The supervision of, the final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City. I) The authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. Section 4. The Office of Emergency Management of the City of La Porte 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 management 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 provisions of this ordinance. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the Governor's Division of Emergency Management of the State of Texas and of the Federal Government. Section 5. Any unauthorized person who shall operate a siren or other notification system so as to stimulate a warning signal, the false notification of a warning, or the termination of a warning, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. Section 6. At all times when the orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. Section 7. 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 8. This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of La Porte, the agents and representatives of said City, not 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 ordinance or State laws, regulations, or orders shall be liable for any damages 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 of La Porte a license of 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, or impending emergency situation 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 los of, or damages to, the property of such person. Section 9. In the case of a declared emergency or disaster, the Director and any city officials or employees acting under the authority of the Director shall not be subject to a prohibition on expenditure of public funds without prior approval from City Council, to the extent any such expenditures are sourced from qualifying contingency fund accounts, or other city accounts as necessary, not inconsistent with State law or the La Porte City Charter. Section 10. It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Emergency Management organization in the enforcement of 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 Emergency Management organization of the City of La Porte, unless authority to do so has been granted to such person by the proper officials. Convictions for violations of the provisions of this ordinance shall be punishable by fine not to exceed $1,000. Section 11. Each employee or any individual 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 and Ordinances of the City of La Porte. Section 12. If a portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions thereof. Section 13. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. Section 14. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council 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 Open Meetings Law, Chapter 551, Texas Government Code; 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 further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 15. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this _ day of ,2008. CITY OF LA PORTE By: Alton E. Porter Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: //#r~ Clarrnskins Assistant City Attorney