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1793-M-8-Municipal Civil Defense ORDINANCE # M 73 - t - 8 AN ORDINANCE CREATING A MUNICIPAL DEFENSE AND DISASTER RELIEF COMMITTEE AND PROVIDING THE POWERS OF THAT COMMITTEE: CREATING THE OFFICE OF MUNICIPAL CIVIL DEFENSE COORDINATOR AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE: CREATING AN OPERATIONAL ORGANIZATION: GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATING LIFE AND PEOPERTY IN THE CITY OF SCHERTZ: AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES: PROHI- 'BITING UMAUTHORIZED WARNING\:AND::"ALL-CLEAR SIGNALS AND 'MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: Section 1. There is hereby created the Municipal Civil Defense and Disaster Relief Committee of the City of Schertz which shall consist of the following: (a) The Mayor of the City of Schertz, who shall serve as Chairman of the Committee, and ,who, shall also be known as Municipal Civil Defense Director of the City of Schertz. (b) The Civil Defense Coordinator of the City of Schertz, who shall be charged with the preparation of a civil defense plan for the City of Schertz, together with such other duties as the Director may prescribe. The Coordinator shall be appointed by and hold his position at the pleasure of the Municipal Civil Defense Director. The Coordinator shall serve as Vice-Chairman of the Municipal Civil Defense and Disaster Relief Committee of the City of Schertz. (c) The Directors of Divisions and Chiefs of Services of such Divisions as may be provided for by resolution by the City Councilor by directive of the Municipal Defense Coordinator. (d) Representatives not to exceed 5 in number from civic, business, industry, labor, veterans, professional, or other groups, to be selected and appointen by the Mayor. 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 Schertz, and the recommendation for adop- tion by the City Council of any and all mutual aid plans and agreements which are deemed essential for the implementation 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, eqipment, 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 adopted by the City Council. The Civil Defense and Disaster Relief Committee of the City of Schertz, shall meet upon the call of &ither the Chairman or Vice-Chairman. Section 3. The Mayor of the City of Schertz is hereby authorized to join with the County Judge of the County of Guadalupe, 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 Guadalupe and shall have the authority to cooperate in the for- mation of civil defense plan for the County of Guadalupe and in the appointment of a Civil Defense Di~ector for the-County of Guadalupe, 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 Schertz. Section 4. The office of Municipal Civil Defense Director is hereby created. The Municipal Civil Defense Director shall have the authority to request the declaration of the existence oa an emergency by the City Councilor by higher authority. In the event it is deemed necessary to declare the existence of an emergency without delay, the Director 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 Civil Defense Director 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 Schertz; (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 Schertz; (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 department of the City of Schertz 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 Schertz, such rules and regulations shall be filed in the office of the City Secretary 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 agreements, in cooperation with the representatices 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 whtth said city is located and with other munici- palities 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 contributions; (9) The authorizing of agreements, after approval of the City Attorney, for the use of private property for public shelter and other purposes. Section 5. The operational civil defense and disaster relief organization of the City of Schertz, shall consist of the officers and employees of the City of Schertz designated by the Municipal Civil Defense Director as well as all volun- teer municipal civil defense workers. The functions and duties of this organiza- tion shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution or by the Municipal Civil Defense Direc- tor 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 terminology 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 volunteer in any capacity in the Municipal Civil Defense and Disaster Relief Organization created by reso- lution or directive pursuant to the authority herin 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 ad- vocates the overthrow of the Government of the United States or of this State by force or violence." Section 7. Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or thettermination of a warning, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. Section 8. 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 9. This ordinance shall not be construed so as to conflict with any State or Federal statute or with any Military of Naval order, rule or regulation. Section 10. This ordinance is an exercise by the City of its governmental functions for the proteation of the public peace, health and safety and neither the City of Schertz, the agents and representatives of said City, or any indivi- dual, receiver, firm, partnership, corporation, association, or trustee, or any of the agents therof, in good faith. carrying out, complying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the pro- visions of this ordinance shall be liable for any damage sustained to persons 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 Schertz a license or privilege, or otherwise permits the City to inspect, designate and use the shole or any parts of such real estate or permises for the purpose of sheltering persons duting an actual, impending or practice enemy attach shal~,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 11. No person shall have Ithe right to expend"a~y public funds 6f the City in carrying out any civil defense 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 prior and specific approval of the City Council. Section 12. It shall be unlawful for any person wilfully to obstruct, hinder, or delay any member of the civil defense organization in the enforcement of any rule or regulation issued pursuant to this ordinance, or-to do any act forbidden by any rule or regual tion issued pursuant to the aathori.ty contained -.in this.: ordinance. It shall likewise be unlawful for any person to wear, carry or dis- play any emblem, insignia or any other means of identification as a member of the civil defense organization of the City of Schertz, 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 $200.00 for each seperate offense. Section 13. If any p0rtion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions hereof. PASSED AND APPROVED this /7 day of tZbAf~{ ;I , 19 73 . /7 / " )J;:tat (0, ~-1 ,) Mayor, City of Schertz, Texas. ATTEST: C1.1 /IA P ./ ~ /) n (2..u.4 JL-- ~cretary ,