Loading...
ORDINANCE NO. 48 ~"f ( '7 -, I ./ ~J )( ORDINANCE NO. 49 AN ORDINANCE CREATIHG A MmnCIPi\L DEl".!!:l'lSE AND DISASTER ::tELIEF COj"!MITTEE -A.lITD PROVIDING TrlE POWERS OF THAT COJ.TI:HT1'EE: CREATIHG THE OFFICE OF MU1HCIPAL DEFlmSE COORDINA'l'OR AKD PROVIDING THE DUTIES fu~D RESPONSIBII>ITIES OF mAT OFFICE: C:<lEATIHG A!" OPERATIONAL ORGANIZATION: GR./I.NTING NECESSA."IT PO'''!'!';RS TO CO~ WITH EIilERGENCIES THREATEEDTG LIFE AND PROPER'rY IN TIlE CITY OF SCHERTZ: AUT::-iORIZING COOPErtATIVE _<ilW 1IUTlJAI, AID AGREE;,lENTS FOR RELIEF WOR.T{ BET',IlEEN THIS A.lifD OTHER CITIES OR COUNTIES: AND FOR RELATED PURPOSES: PROHIBITING UNAUTHORIZED LIGHTS AND WAR1\I'ING AtlD ./I..LL-CLEA."\ SIGNAJ:,S AlW NA.T{ING VIOLATIONS A MISDEMEAIJOR PUNISWlliLE BY FINE NOT EXCEEDING $ 200.00 BE IT ORDAINED BY mE CITY COmWIL OF THE CITY 0".' SCh"ERTZ, TEXAS : Section 1. There is hereby created the Municipal Civil Defense and Disaster Relief Committee of the City of Schertz, Texas, which shall consist of the following: (a) The Mayor of tbe City of Schertz, Texas who shall serve as Chairman of the Comnittee, and \mo shall also be known as Municipal Defense Coordinator of the City of Schertz, Texas. (b) The Assistant 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 Coordinator may prescribe. The Assistant Co- ordinator shall be appointed by ar.d hold his position at the pleasure of the Municipal Defense Coordinator. The Assistant Coordinator shall serve as Vice-Chairman of the Municipal Civil Defense and Disaster Relief Co~~ittee 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 appointed by the Mayor. L , Section 2. The powers and duties of the Municipal Civil Defense and Disaster Relief COnIDlittee shall include the recom- mendation for adoption by the City Council of a civil defense plan for the City of Schertz, and the recommendation for adoption 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 Co~~ittee shall also include the making of a survey of the availa- bility 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 adopted by the City Council. The Civil Defense and Disaster Relief Committee of the City of Schertz, shall meet upon the call of either 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 ?!ayors 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 formation of a civil defense plan for the County of Guadalupe and in the appointment of a Civil Defense Director for the County of Guadalupe, as well as all other powers necessary to participate in a county- wide progr~ of civil defense and disaster relief insofar as said program may affect the City of Schertz. 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 Councilor by higher authority. In the event it is deemed necessary to declare the existence of an emergency ~thout 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 tts 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 munici- pal, 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 effective- ness of the civil defense plm; (6) The issuance of reasonable rules, regulations or direc- tives 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 Clerk and shall receive widespread publicity unless publici~J will be of aid and comfort to the enemy; (7) The supervision of the drafting and execution of mutual aid agreements, in cooperation v~th 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 pro- curement 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 air raid shelter and other purposes. Section 5. The operational civil defense and disaster relief orsanization of the City of Schertz, shall'consist of the officers and employees of the City of Schertz designa~ed by the Municipal Defense Coordinator as well as all volunteer municipal 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 ~orm of organization, titles and terminology shall conform to the recowdenda- tions 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 resolution or directive pursuant to the authority herein conferred, shall, prior to assuming their duty or duties, t~~e an oath which shall be substantially as follows: tlI, , do solemnlY5U}9ar (or affirm) that I will support and defend the Con~tution 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 fai thfully 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 advocates tl~ overthrow of the Government of the United -0' states or of this state by force or violence; and that during such time as I 8m a member of the County Civil Defense and Disaster Relief Committee of the County of Guadalupe 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.1I Section 7. Any light displayed contrary to any order, rule or regulation 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 Schertz, 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 shall 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 supersede 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 '~th any State or Federal statute or with any Military or Naval order, rule or regulation. Section 11. rphis Ordinance is an exercise by the Ci ty of its governmental functions for the protection of the public peace, health and safety and neither th e 0i ty of Schertz, 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 carrying out, complying with or attempting to comply vnth, 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 Scl~rtz 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 an actual, impending 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 per- mission 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 Ci ty in carrying out any civil defense acti vi ty 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 without prior and specific approval of the Ci ty Council. Section 13. It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the civil defense organiza- tion in the enforcement 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 unlawful for any person to wear, carry, or display 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 or dinance shall be punishable by fine no t exceeding $200.00. Section 14. If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions hereof. -- --- Section 15. The immediate passage of this ordinance is deemed essential to the public health, safety and welfare, and it shall take iwnediate effect. PASSED AND APPHOVED this the ~E.~~_day of March, 1961. ~f2~~j ATTEST: ~fly Jl2e Iz