AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP AMENDING ARTICLE 1.1800 OF THE BASTROP CITY CODE OF ORDINANCES TO ADOPT A NEW SECTION 1.1813 PERTAINING TO ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE STANDARD FOR INCIDENT MANAGEMENT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on February 28, 2003, the President of the United States issued Homeland Security Presidential Directive (HSPD) - 5 that directed the Department of Homeland Security, in cooperation with representatives of federal, state, and local government, to develop a National Incident Management System (NIMS) to provide a consistent approach to the effective management of situations involving natural disasters, man-made disasters or terrorism; and

WHEREAS, the final NIMS was released on March 1, 2004; and

WHEREAS, the NIMS contains a practice model for the accomplishment of the significant responsibilities associated with prevention, preparedness, response, recovery, and mitigation of all major and national hazards situations; and

WHEREAS, the HSPD-5 requires that state and local governments adopt the NIMS by fiscal year 2005 as a pre-condition to the receipt of federal grants, contract and activities related to the management and preparedness for certain disaster and hazard situations; and

WHEREAS, on February 23, 2005 Texas Governor Rick Perry issued Executive Order RP-40 which declared that NIMS would be the standard for incident management within the State of Texas; and

WHEREAS, the City Council for the City of Bastrop desires to adopt the NIMS as required by HSPD-5 and Executive Order RP-40 as the standard for incident management within the City of Bastrop.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS, THAT:

Part 1:The City Council finds that all recitations set forth above are true and correct and the recitals are incorporated herein by reference as if set forth in full

Part 2: Chapter 1. Article 1.1800, EMERGENCY MANAGEMENT, of the Code of Ordinances of the City of Bastrop is hereby revised to add a new Section 1.1813, to read as follows:

Section 1.1813 Adoption of National Incident Management System (NIMS)

The National Incident Management System (NIMS) is hereby adopted as the standard for incident management by City personnel within the City of Bastrop and outside the jurisdiction while providing assistance in accordance with a valid mutual aid agreement. The City of Bastrop Emergency Management Coordinator shall include the NIMS protocols within the City's Emergency Management Plan (EM Plan). City Department Heads and other supervisory personnel assigned duties by the EM Plan shall become trained and skilled in the NIMS procedures. The NIMS shall be used in managing all unplanned incidents and emergencies and at most planned incidents where large numbers of persons are affected.

Part 3: That all ordinances, resolutions and orders heretofore passed, adopted and made, or any part of the same, which are in conflict with this Ordinance, shall be, and the same are hereby, in all things repealed to the extent that the same conflict with this Ordinance, or with the laws of the State of Texas.

Part 4: That this Ordinance shall be in full force and effect upon passage in accordance with the City Charter and state law.

READ AND ACKNOWLEDGED on first reading this the 9th day of August 2005.
READ AND APPROVED AND ADOPTED on second reading this the 23rd day of August 2005.


APPROVED:



By: Tom Scott
Mayor

ATTEST:


Teresa Valdez
City Secretary