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HomeMy WebLinkAboutOrder creating a county disaster and relief committee 1959 April 13, 1959 The County Judge presented for the consideration of the Court, an order creating a County Civil Defense and Disaster Relief Committee, and on motion duly made, seconded and unanimously passed, the following order was adopted: AN ORDER BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS, CREATING A COUNTY DEFENSE AND DISASTER RELIEF COMMITTEE AND PROVIDING THE POWERS OF THAT COMMITTEE CREATING THE OFFICE OF COUNTY CO- ORDINATOR AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE; CREATING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND PROPERTY IN THE COUNTY OF BRAZOS; AUTHORIZING COOPERATIVE AND MUTUAL AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER COUNTIES OR CITIES: AND FOR RELATED PURPOSES; WHEREAS, The Commissioners' Court of the County of Brazos, hereby declares that the preparation of a plan, and the means for its implementation, for the protection of lives and property, in the County of Brazos from enemy attack, natural disaster or threat thereof, is immediately essential; and WHEREAS, The Commissioners' Court further finds that in times of emergencies which may imperil the safety of the inhabitant of the County, 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 Commissioners' Court finds, therefore, that the preparation, adoption, and implementation of such plans are now imperative; BE IT ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS: 1. There is hereby created the County Civil Defense and Disaster Relief Committee of the County of Brazos, which shall consist of the following: April 13, 1959 2. (a) The County Judge of Brazos County, who shall serve as Chairman of the Committee and who shall also be known as the County Defense Coordinator of the County of Brazos. (b) The Assistant Defense Coordinator of the County of Brazos, who shall be charged with the preparation of a civil defense plan for the County of Brazos, together with such other duties as the Co- ordinator may prescribe. The Assistant Coordinator shall be ap- pointed by and hold his position at the pleasure of the County Defense Coordinator with the advice and consent of the Commissioners' Court. The Assistant Coordinator shall serve as Vice - Chairman of the County Civil Defense and Disaster Relief Committee of the County of Brazos. (c) The Directors of Divisions and Chiefs of Services of such Divisions as may be provided for by order by the Commissioners' Court or by directive of the County Defense Coordinator. (d) Representatives not to exceed twelve (12) in number from civic, business, industry, labor, veterans, professional, or other groups, to be selected and appointed by the County Judge. 2. The powers and duties of the County Civil Defense and Disaster Relief Committee shall include the recommendation for adoption by the Commissioners' Court of a civil defense plan for the county of Brazos. The duties of such Civil Defense and Disaster Relief Committee shall also include the making of a survey of the availability of existing personnel, equipment, supplies and services which could be used during an emergency, as provided for herein, as well as a continuing study of the need for amendments and improvements in the civil defense plan 3 April 13, 1959 adopted by the Commissioners' Court. The Civil Defense and Disaster Relief Committee of the County of Brazos, shall meet upon the call of either the Chairman or Vice - Chairman. 3. It is hereby ordered, adjudged and decreed that the County of Brazos, shall enter into all necessary agreements with all political subdivisions, corporations, individuals and other necessary parties and do all other things necessary for the Purpose of carrying out the provisions of House Bill 734, Acts 52nd Legislature, Regular Session, 1951, chapter 311, page 529 (Texas Civil Protection Act of 1951). 4. The County Judge of the County of Brazos is hereby authorized to join with the Mayors of the cities in this county in the formation of a civil defense plan for the County of Brazos and in the appointment of a Civil Defense Directors for the County of Brazos, as well as all powers necessary to participate in a county -wide program of civil defense and disaster relief in so far as that program may affect the County of Brazos outside of the limits of any city located therein. 5. The County Judge (County Defense Coordinator) shall have the authority to request the declaration of the existence of an emergency by the Commissioners' Court or by higher authority. In the event it is deemed necessary to declare the existence of an emergency without delay, the Coordinator may, if the Commissioners' Court is not in session, do so, but such action shall be subject to confirmation by the Commissioners' Court at its next meeting. The duties and responsibilities of the County Defense Co- ordinator shall include the following: 4. April 13, 1959 (1) The control and direction of the actual or training efforts of the civil defense and disaster relief organization of the County of Brazos; (2) The determination of all questions of authority and responsibility that may arise within the civil defense and disaster relief organization of the County of Brazos; (3) The maintenance of necessary liaison with other municipal, district, State, County, regional, federal, or other civil defense organizations; (4) The marshaling, af ter declaration of an emergency as provided for above, of all necessary personel, equipment or supplies from any department of the County of Brazos, to aid in the carrying out of the civil defense plan; (5) The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational effect- iveness of the civil defense plan; (6) The issuance of reasonable rules, regulations or di- rectives which are necessary for the protection of life and property in the County of Brazos, such rules and regulations shall_ be filed in the office of the County Clerk and shall re- ceive widespread publicity unless publicity will be of aid and . comfort to the enemy; (7) The supervision of the drafting and execution of mutual aid agreements in cooperation with representatives of the State and with representatives of municipalities of the county; April 13, 1959 5 ' (8) With the concurrence of the Commissioners' Court, the supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions; (9) The authorizing of agreements, after approval of the County Attorney, for the use of private property for air raid shelter and other purposes. 6. The operational civil defense and disaster relief or- ganizational of the County of Brazos shall consist of the officers and employees of the County of Brazos, designated by the County Defense Coordinator as well as all volunteer County defense workers. The functions and duties of this organization shall be distributed among such divisions services and special staff as the Commissioners' Court shall prescribe by order or the County Defense Coordinator shall provide by order or the County Defense Coordinator shall provide by directive. Any such order shall set forth the form of organization, establish and designate divisions and services, assign functions, duties and powers, and designate officers and employees to carry out the provisions of this order. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Defense and. disaster Relief Council of the State of Texas and of the Federal Government. 7. Each person serving as a member of the County Civil Defense and Disaster Relief Committee, or as an officer, em- ployee or volunteer in any capacity in the County Civil Defense and Disaster Relief Organization created by order or directive April 13, 1959 6. pursuant to the authority herein conferred, shall, prior to assuming his duty or duties, take an oath which shall be sub- stantially as follows: "I, , do solemly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Texas, against all enemies, forign and domestic: that I will bear true faith and allegiance . to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And. I do further swear (or affirm) that I do not ad- vocate, nor am I a member or an affiliate of any political party or organization, group or combination of persons that advocates the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the County Civil Defense and Disaster Relief Committee of the County of Brazos I will not advocatenor become a member or an affiliate of any organization, group, or combination of persons or of any political party that advocates the overthrow of the Government of the United States or of this State by force or violence." 8. Any light displayed contrary to any order, rule or re- gulation promulgated pursuant to the provisions of this order constitutes a public nuisance and when deemed necessary in order to protect Life or property during blackouts or air raids, the police or sheriff are authorized and directed to enter upon any April 13, 1959 7_ premises within the County of Brazos, suing reasonable force and extinguish lights or take other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this order. 9. At all times when the orders, rules and regulations made and promulgated pursuant to this order shall be in effect, they shall supersede all existing orders, rules and regulations insofar as the latter may be inconsistent therewith. 10. This order shall not be construed so as to conflict with any State or Federal statute or with any Military or Naval order, rule or regulation. 11. In carrying out the provisions of the "Texas Civil Protection Act of 951" and this Commissioners' Court order the County shall be functioning in a governmental capacity, and neither the County nor its agents, employees or representatives or any of them engaged in any civil defense activities, while complying with the "Texas Civil Protection Act of 1951" or this Commissioners' Court order, or while attempting to comply with the above mentioned act or this Court order, shall be liable for the death or any injury to persons or damages to property as a result of such activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the County of Brazos a license or privelege, or otherwise permits the County 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 April 13, 1959 8. enemy attack, shall, together with his successor 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. 12. No person shall have the right to expend any public funds of the County in carrying out any civil defense activity authorized by the law or this order, without prior approval of the Commissioners' Court, nor shall any person have any right to vind the County by contract, agreement or otherwise without the civil defense activities ofithe County shall be deposited by the County Treasurer in a special account in the County depository, and moneys shall be withdrawn from said special fund in keeping with the general laws applicable to withdrawal of moneys from the regular County Funds. 13. If any portion of this order shall for any reason, be declared invalid such invalidity shall not affect the remaining provisions hereof. PASSED AND APPROVED this the 13th day of April, 1959. * * * ** * * * * * * * * * ** The foregoing minutes, beginning on Page 243, and convluded above were examined and approved in open Court on this the llth day of May, A.D. 1959. W. C. Davis George Dunn, County Judge Commissioner of Precinct 2 Raymond A. Nolan Clyde J. Porterfield, Commissioners of Precinct 1 Commissioner of Precinct 3 ATTEST: A. Stasnv commissioner of Precinct 4 A.B. Syptak, County Clerk