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HomeMy WebLinkAbout1961-0326 - Ordinance - 09/25/1961t BOORUM & PEASE ORDINANCE NO. 326 AN ORDINANCE CREATING A MUNICIPAL DEFENSE AND DISASTER RELIEF COMMITTEE AND PROVIDING THE POWERS OF THAT COMMITTEE; CREATING THE OFFICE OF MUNICIPAL DEFENSE COORDINATOR 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 CITY OF COLLEGE STATION; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES; AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED LIGHTS AND WARNING AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NC1 EXCEEDING $100.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section 1. There is hereby created the Municipal Civil Defense and Disaster Relief Committee of the City of College Station which shall consist of the following: (a) The Mayor of the City of College Station, who shall serve as Chair- man of the Committee, and who shall also be known as Municipal Defense Coordinator of the City of College Station. (b) The Assistant Defense Coordinator of the City of College Station, who shall be charged with the preparation of a civil defense plan for the City of College Station, together with such other duties as the Coordinator may prescribe. The Assistant Coordinator shall be appointed by and hold his position at the pleasure of the Municipal Defense Coordinator. Tie Assistant Coordinator shall serve as Vice -Chairman of the Municipal Civil Defense and Disaster Relief Committee of the City of College Station. (c) The directors of Divisions and Chiefs of Services of such Divisions as may be provided for by resolution by the City Council, (d) Representatives not to exceed twenty in number from civic, business, industry, labor, veterans, professional, or other groups, to be selected and appointed by the Ivlayor with approval by the City Council. Section 2. The powers and duties of the Municipal Civil Defense and Disaster Relief Committee shall include the recommendation for adoption by the City Council of a civil defense plan for the City of College Station, and the recommendation for adoption by the City Council of any and all mutual aid plans and agreements which are deemed essential for the im- plementation of such civil defense plan. 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 00761 BOORUM 8E PEASE 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 adopted by the City Council. The Civil Defense and Disaster Relief Committee of the City of College Station, shall meet upon call by the Chairman, or by the Vice -Chairman in case the Chairman is unable to act. Section 3. The Mayor of the City of College Station is hereby authorized to join with the County judge of the County of Brazos, and the Mayors of the other cities in said county in the formation of a Civil Defense and Disaster Relief Council for the County of Brazos and shall have the authority to cooperate in the formation of a civil defense plan for the County of Brazos and in the appointment of a Civil Defense Director for the County of Brazos, as well as all other powers necessary to participate in a county- wide program of civil defense and disaster relief insofar as said program may affect the City of College Station. Section 4. The office of Municipal Defense Coordinator is hereby created. The Municipal Defense Coordinator shall have the authority to request the declaration of the existence of an emergency by the City Council 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 City Council is not in session, do so, but such action shall be subject to confirmation by the City Council at its next meeting. The duties and responsibilities of the Municipal Defense Coordinator shall include the following: (1) The control and direction of the actual operation or training efforts of the civil defense and disaster relief organization of the City of College Station; (2) The determination of all questions of authority and responsibility that may arise within the civil defense and disaster relief organization of the City of College Station; (3) The maintenance of necessary liaison with other municipal, district, State, County, regional, federal, or other civil defense organizations; (4) The marshaling, after declaration of an emergency as provided for above, of all necessary personnel, equipment or supplies from any depart- ment of the City of College Station 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 effectiveness of the civil defense plan; (6) The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the City of College 00762 Station, such rules and regulations shall be filed in the office of the City Clerk and shall receive widespread publicity unless publicity will be of aid and comfort to the enemy; (7) The supervision of the drafting and execution of mutual aid agree- ments, 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 efforts in defense and disaster relief; (8) The supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contri- butions; (9) The authorizing of agreements, after approval of the City Attorney, for the use of private property for air raid shelter and other purposes. Section 5. The operational civil defense and disaster relief organiza- tion of the City of College Station, shall consist of the officers and employees of the City of College Station designated by the Municipal Defense Coordinator as well as all volunteer municiapl defense workers. The functions and duties of this organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution or the Municipal Defense Coordinator shall provide by directive. Any such resolution or directive 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 ordinance. Insofar as possible, the form of organization, titles and ter- minology shall conform to the recommendations of the State Defense and Disaster Relief Council of the State of Texas and of the Federal Government. Section 6. Each person serving as a member of the Municipal Civil Defense and Disaster Relief Committee, or as an officer, employee or vol- unteer in any capacity in the Municipal Civil Defense and Disaster Relief Organization created by resolution or directive pursuant to the authority herein conferred, shall, prior to assuming their duty or duties, take an oath which shall be substantially as follows: "I, , do solemnly 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, foreign 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 advocate, nor am I a member or an affiliate of any political party or organization, group or combination of persons that advocate 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 advocate nor 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." Section 7. Any light displayed contrary to any order, rule or regula- tion promulgated pursuant to the provisions of this ordinance constitutes a public nuisance and when deemed necessary in order to protect life or property during blackouts or air raids, the police are authorized and directed to enter upon any premises within the City of College Station, using 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 ordinance. Section 8. Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a violation of this ordinance and sha11 be subject to the penalties imposed by this ordinance. Section 9. At all times when the orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall super- sede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. Section 10. 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 11. This ordinance is an exercise by the City of its govern- mental functions for the protection of the public peace, health and safety and neither the City of College Station, the agents and representatives of said City, or any individual, receiver, firm, partnership, corporation, association, or trustee, or any of the agents thereof, in good faith carry- ing out, complying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to person or property 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 College Station a license or 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 ad actual, impend- ing or practice enemy attack 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 12. No person shall have the right to expend any public funds of the City in carrying out any civil defense activity authorized by this 00764 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. Section 13. It shall be unlawful for any person wilfully to obstruct, hinder, or delay any member of the civil defense organization in the enforce- ment 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. It shall likewise be unlawfulfor any person to wear, carry or display any emblem, insignia or any other means of identifi- cation as a member of the civil defense organization of the City of College Station, unless authority so to do 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 exceeding one hundred dollars ($100.00). Section 14. If any portion of this ordinance shall, for any reason, be ✓ declared invalid, such invalidity shall not affect the romaining provisions hereof. Section 15. The immediate passage of this ordinance is deemed essential to the public health, safety and welfare, and shall take immediate effect and be in force from and after its passage and publication as prescribed by the Charter. Passed and approved this 25th day of September, 1961. City Secretary A,44.7 APPROVED: Mayor 00765