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Ord. 0595 08-27-90ORDINANCE NO. 595 AN ORDINANCE ESTABLISHING AND RE-ESTABLISHING WITHIN THE CITY OF PEARLAND, TEXAS, AN EMERGENCY MANAGEMENT PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF EXHIBIT "A" AND FURTHER AMENDING THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS AT CHAPTER 8 BY REPEAL AND REENACTMENT, CONTAINING A SEVERABILITY CLAUSE AND A SAVINGS CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLI- CATION AND PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1: Chapter 8 of the Code of Ordinances of the City of Pearland, Texas, as the same may have been, from time to time, amended is hereby repealed in its entirety. SECTION 2: There is hereby established and re-established within the City of Pearland, Texas, an Emergency Management Program in accordance with the provisions of Exhibit "A" annexed hereto, and incorporated herein for all purposes. SECTION 3: The Code of Ordinances of the City of Pearland, Texas, is hereby amended by the reenactment of Chapter 8 in accordance with the provisions of Exhibit "A" of this Ordinance. SECTION 4: All ordinances or parts of ordinances, if any, in conflict herewith shall be, and the same are hereby expressly repealed to the extent of such conflict only. SECTION 5: 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 6: The City Council of the City of Pearland, Texas, does hereby declare that if any section, subsection, paragraph, sentence, clause, phrase, word or portion of this ordinance is declared invalid, or unconstitutional, by a court of competent jurisdiction, that, in such event it would have passed and or- dained any and all remaining portions of this ordinance without the inclusion of that portion or portions which may be so found to be unconstitutional or invalid, and declares that its intent 1 is to make no portion of this ordinance dependent upon the valid- ity of any other portion thereof, and that all said remaining portions shall continue in full force and effect. SECTION 7: It is the intent of the City Council of the City of Pearland, Texas, that this ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. SECTION 8: The City Secretary shall cause this ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such ordi- nance. The ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. SECTION 9: Any person, firm or corporation who shall vio- late or fail to comply with the requirements of any provisions of the code herein adopted shall be guilty of a misdemeanor, and shall, upon conviction by a court of competent jurisdiction, be punished as provided in Section 1-11 of the City Code of Ordi- nances. PASSED and APPROVED ON FIRST READING this �LL/1 , A. D., 1990. ATTEST: IL41�,.. KAY KRO SE CITY SECRETARY day of 2 PASSED and APPROVED ON SECOND AND FINAL READING this day of 42:a7 4,e , A. D., 1990. `-' c ��-sL C. V. cep‘SiGER, M ---z ATTEST: KAY KROLfSE CITY SECRETARY STER RORICK CITY ATTORNEY VOTING RECORD (FIRST READING) AUGUST 13, 1990 VOTING "AYE" - COUNCILMEMBERS MILLER, TETENS, SMITH, WEBER, AND WOLFF. VOTING "NO" - NONE MOTION PASSED 5 TO 0. VOTING RECORD (SECOND READING) AUGUST 27, 1990 VOTING "AYE" - COUNCILMEMBERS MILLER, TETENS, SMITH, AND WEBER VOTING "NO" - NONE COUNCILMEMBER WOLFF ABSENT. MOTION PASSED 4 TO 0. PUBLICATION DATE: AUGUST 31, 1990 EFFECTIVE DATE: SEPTEMBER 10, 1990 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 3 EXHIBIT NA" CHAPTER 8 EMERGENCY MANAGEMENT Section 8-1. ORGANIZATION There exists the office of Emergency Management Director of the City of Pearland, Texas, which shall be held by the Mayor in accordance with state law. (a) An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director; (b) The Director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this ordinance. He/she may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director. (c) The operational Emergency Management organization of the City of Pearland shall consist of the officers and employees of the City so designated by the Director in the emergency management plan, as well as 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. Section 8-2. EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES The duties and responsibilities of the Emergency Management Director shall include the following: (a) Conduct an on -going survey of actual or potential hazards which threaten life and property within the city and an on -going program of identifying and requir- ing 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. (b) Supervision of the development and approval of an emergency management plan for the City of Pearland, Texas, and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan. (c) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the con- sent of the City Council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. (d) Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this ordinance. Such proclamations, regu- lations, or directives shall be disseminated promptly 1 by means calculated to bring its contents to the atten- tion of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary. (e) Direction and control of the operations of the Pearland Emergency Management organization as well as the train- ing of Emergency Management personnel. (f) Determination of all questions of authority and respon- sibility that may arise within the Emergency Management organization of the City. (g) Maintenance of liaison with other municipal, county, district, state, regional or federal, Emergency Manage- ment organizations. (h) Marshaling of all necessary personnel, equipment or supplies from any department of the City to aid in the carrying out of the provisions of the emergency manage- ment plan. (i) (i) 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. Supervision of, and final authorization for the pro- curement 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. Authorizing of agreements, after approval by the City Attorney, for use of private property for public shel- ter and other purposes. Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein. Other requirements as specified in Texas Disaster Act 1975, as amended (V.T.C.S. Article 6889-7). Section 8-3. EMERGENCY MANAGEMENT PLAN A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization, establish and designate divisions and func- tions, assign responsibilities, tasks, duties, and powers, and designate officers and employees to carry out the provisions of this ordinance. As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Division of Emergency Manage- ment. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readi- ness at all times. The emergency management plan shall be con- sidered supplementary to this ordinance and have the effect of 2 law during the time of a disaster. Section 8-4. INTERJURISDICTIONAL PROGRAM The Mayor is hereby authorized to join with the County Judges of the Counties of Brazoria and Harris and the mayors of the other cities in said counties in the formation of an Emergency Manage- ment Council for the Counties of Brazoria and Harris and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a counties -wide program of emergency management insofar as said program may affect the City of Pearland. Section 8-5. OVERRIDE 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 8-6. LIABILITY 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 Pearland, the agents and represen- tatives of said City, nor any individual, receiver, firm, part- nership, 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 promul- gated 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 of Pearland 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, impending or practice enemy attack or natural or man-made disaster 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. Section 8-7. COMMITMENT OF FUNDS No person shall have the right to expend any public funds of the City in carrying out any Emergency Management activity authorized by this ordinance 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 unless during a declared disaster. During a de- clared disaster, the Mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life, or property. Section 8-8. OFFENSES; PENALTIES (a) It shall be unlawful for any person willfully to ob- struct, hinder, or delay any member of the Emergency 3 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. (b) 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 Pearland, unless authority to do so has been granted to such person by the proper officials. (c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, 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. (d) Convictions for violations of the provisions of this ordinance shall be punishable by fine not to exceed Five Hundred dollars ($500.00).