NOTICE
EMERGENCY ORDINANCE ADOPTED
TO: CITIZENS OF THE CITY OF FAIRMONT
The Council for the City of Fairmont at a regular meeting held August 12, 2025, introduced, publicly read, and adopted the following Emergency Ordinance:
EMERGENCY ORDINANCE NO. 2079
AN EMERGENCY ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING, RATIFYING AND CONFIRMING THOSE CERTAIN AGREEMENTS BETWEEN THE CITY OF FAIRMONT AND THE WEST VIRGINIA DEPARTMENT OF HOMELAND SECURITY EMERGENCY MANAGEMENT DIVISION (WVEMD), AS FOLLOWS:
1. LICENSE/USE AGREEMENTS FOR CERTAIN CITY PROPERTIES UPON WHICH WVEMD WILL OPERATE DISASTER RECOVERY CENTERS TO PROVIDE SERVICES TO PERSONS IMPACTED BY THE JUNE 15, 2025, FLOOD EVENT; AND
2. A MEMORANDUM OF UNDERSTANDING BETWEEN WVEMD AND THE CITY OF FAIRMONT POLICE DEPARTMENT COORDINATING SECURITY SERVICES
WHEREAS, The City of Fairmont and Marion County, West Virginia experienced a severe flash flood event on June 15, 2025, which created a public emergency affecting life, health, property, and the public peace, resulting in Governor Patrick Morrisey issuing a state of emergency declaration.
WHEREAS, due to the severity of the damage, on July 23, 2025, the President approved a major disaster declaration for West Virginia making federal disaster assistance available to the State to supplement recovery efforts in the areas affected by severe storms, straight-line winds, flooding, landslides and mudslides from June 15, 2025, including Marion County and the City of Fairmont.
WHEREAS, in furtherance thereof, the WVEMD has requested the use of certain City property to establish Disaster Recovery Centers from which recovery teams will receive members of the public for the purpose of providing information and assistance in registering for aid, among other services, and in addition, WVEMD has requested that the City of Fairmont Police Department coordinate security services as said locations.
WHEREAS, West Virginia Code Section §8-11-3(10), requires that action by the municipality relating to agreements or contractual obligations with another jurisdiction must be authorized by Council by ordinance.
WHEREAS, this ordinance is deemed an emergency ordinance pursuant to the provisions of Section 2.14 of the Charter for the City of Fairmont and West Virginia Code §8-11-4.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF FAIRMONT THAT:
SECTION 1. Finding of Emergency: Council for the City of Fairmont hereby finds that the flood event of June 15, 2025, and resulting property damage, has caused a public emergency in the City of Fairmont affecting life, health, property, and the public peace, which emergency will continue to exist until the effects of the flooding and resulting property damage have been mitigated.
SECTION 2. Agreements: That the City Manager for the City of Fairmont, West Virginia, a Municipal Corporation, be and is hereby authorized to execute and deliver on behalf of said City, the License/Use Agreements, and the Memorandum of Understanding, the terms and conditions of which are approved hereby, and copies of which are attached hereto and made a part hereof, with the West Virginia Department of Homeland Security Emergency Management Division , with regard to the use of certain City properties, as described, to establish Disaster Recovery Centers from which recovery teams will receive members of the public for the purpose of providing information and assistance in registering for aid, among other services, and in addition, for purposes of coordinating with the City of Fairmont Police Department for security services at said locations.
And to execute and deliver any other agreements, documents, instruments, certificates, and other papers and to do all acts and things as may be reasonable, necessary and desirable to consummate the transaction contemplated hereby and otherwise carry out the purpose and intent of this ordinance, all with such change or changes from the respective form of any such document, approved hereunder, as the City Manager executing the same may approve, such approval and the propriety and necessity of said changes to be conclusively evidenced by the execution thereof.
SECTION 3: Ratification: The Council of the City of Fairmont hereby approves, ratifies, and confirms all action taken in furtherance of the subject matter of this Emergency Ordinance prior to its effective date.
SECTION 4: Effective date: This Emergency Ordinance shall become effective upon adoption and shall automatically stand repealed as of the 61st day following said date; provided however, it may be re-enacted in the manner specified in Section 2.14 Emergency Ordinance of the City Charter, if the emergency still exists.
This EMERGENCY ORDINANCE adopted this the 12th day of August, 2025.
Anne Bolyard
Mayor
ATTEST: Janet L. Keller
City Clerk
Copies of the proposed Ordinance are available in the City Clerk’s Office, Room 312, 200 Jackson Street, Fairmont, WV.
The purpose of the adoption of the Emergency Ordinance is necessary in order for the WV Department of Homeland Security Emergency Management Division to use certain City property to establish Disaster Recovery Centers from which recovery teams will receive members of the public for the purpose of providing information and assistance in registering for aid, among other services, and in addition, WVEMD has requested that the City of Fairmont Police Department coordinate security services at said locations.
West Virginia Code Section 8-11-3(10) requires that action by the municipality relating to agreements or contractual obligations with another jurisdiction must be authorized by Council by ordinance.
This Emergency Ordinance shall become effective upon adoption and shall automatically stand repealed as of the 61st day following said date; provided however, it may be re-enacted in the manner specified in Section 2.14 Emergency Ordinance of the City Charter, if the emergency still exists.
Given under my hand this the 12th day of August, 2025.
Janet L. Keller
City Clerk
Times: August 15, 2025
ID: 875315