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Home My WebLink AboutORD 795 - ORD Creating Municipal Civil Defense o o o 41 ORDINANCE NO. 795 AN ORDINANCE CREATING A MUNICIPAL CIVIL DEFENSE AND DISASTER RELIEF ORGA1'HZATION; APPOINTING THE MAYOR CilltlID'IANOF THE ORGANIZATION AND HIS ASSISTANTS; CREATING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND PROPERTY IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AUTHORIZING CO-OPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF BETWEEN ,THIS CITY AND OTHER CITIES OR COUNTIES; PROVIDING FOR NO LIABILITY FOR ANY INDIVIDUAL, FIRM OR PARTNERSHIP \-THO MAY BE CARRYING OUT THE DUTIES OF THIS ORDINANCE IN A CIVIL DEFENSE FIDICTION; PROHIBITING WILFUL DE- LAY OR HINDR.DJifCE OF ANY MEMBER OF TEE CIVIL DEFENSE ORGANIZATION AND THE ENFORCEMENT OF PRESCRIBED DUTIES; DECLARING POSSIBLE EMERGENCY FOR THE PRO- TECTION OF HEALTH, SAFETY AND WELFARE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNI- VERSITY PLACE, TEXAS: ',- Section L THERE IS HEREBY CREATED THE MUNICIPAL CIVIL DEFENSE AND DISASTER RELIEF ORGANIZATION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, '\-lHICH SHALL CONSIST OF THE FOLLO\-TIl'TG: A. The Chairman of the Organization shall be known as the Municipal Defense Co.-ordinator and shall be the Mayor of the City of \-Test University Place, Texas. 1) In the event of the inability or incapacitation of the Mayor to serve as Municipal Defense Co-ordinator, the following line of succession shall apply. a) Mayor Pro-tem b) Remaining members of the City Commission of the City of West University Place, Texas, to be designated in al- phabetical succession based on the surnames of such remaining Commissioners. N?i:' The Assistant C~~irman of the Organization shall be known as the Assistant Municipal Defense Co-ordinator and shall be the City Manager of the City of West University Place, Texas. C. The Planning Section of the Organization shall have as the head of that Section the Director of Civil Defense and Disaster Re- lief. Such Director shall' serve at the pleasure of the City Go Commission and at such rate of compensation as may be set by theC<IDJ'jmmission. Additional staff members in the Planning Section shall be appointed by, and at such rates of compensation as may be set by, the City Commission as needed. The Director of the Planning Section and his staff shall serve to develop such plans, -- .. ..o_,n:::~ ~..lli!..dLl1ijtlliJIilIlj .L I~.IIIIII"II'I! 'I, il i III i, ,I LJJ II 42 programs, rules, regulations and directives as shall be designated by the Municipal Defense Co-ordinator. D. The Operating Section of the Organization shall consist of employees of the City of West University Place, Texas, as designated by the Co-ordinator as well as: all volun,- teer workers. The functions and duties of the Operating Section of the Organization shall be set by the Co-ordina- tor as may be necessary to carry out the provisions of this Ordinance. Section 2. The Municipal Defense Co-ordinator shall have the following duties, responsibilities and authority: A. To declare the existence of an emergency, which declaration if necessary to be made prior to confirmation by the City Couunission, shall be either confirmed or rescinded by the City Commission at its next meeting following such dec- laration. B. To control and direct the activities of the Planning and Operating Sections of the Municipal Civil Defense and Disaster Relief Organization. C. To determine all questions of authority and responsibility that may arise 'within the organization. D. To supervise the drafting and execution of mutual aid agree- ments in co-operation with the representatives of the state and of other political sub-divisions of the State and to maintain necessary liaison with Civil Defense and Disaster Relief Organizations of other political sub-divisions of the State as may be necessary or desirable. E. To issue all necessary proclamations as to the existence of an emergency and the effectuating of the Operating Section of the Organization. F. To marshal all necessary personnel, equipment or, supplies from any department of the City of West University Place to aid in the carrying out of the necessary operating ac- tivities of the organization, such necessary personnel, equipment or supplies to include any made available by private contributions. G. To arrange for the issuance of rules, regulations or direct- ives which would be necessary for the protection of life and property in the City of West University Place, Texas, during a proclaimed emergency. H. To supervise the activation of a volunteer block citi- zens organization to function as a part of the Operating Section of the Municipal Civil Defense and Disaster Re- lief Organization. ill] !l : I i 1 LJ ~ LJ J [ L o "43 I. To enter into agreements for the use of private property for air raid shelter and other purposes, such agreements to be ratified or cancelled by the City Commission. Section 3. The Municipal Defense Co-ordinator shall have the authority to expend any public funds of the City or to commit the City to the ex- penditure of funds in carrying out any activity authorized under the provisions of this Ordinance which are necessary to effectuate the pro- visions of this Ordinance in times of ew;rgency. Any such expenditure of public funds or commitment of the City to be made in advance of the existence of an emergency will require the prior and specific authoriza- t~on of the City Commission. Section 4. 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 tqerewith. Section 5. This Ordinance shall not be construed so as to conflict with any State or Federal statute. Section 6. This Ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health and safety and neither the City of West University Place, Texas, the agents and repre- sentatives of said City, or any individual, receiver, firm, partnership, corporation, association, or trustee, or any of the agents thereof, in good faith carr;ying out, complying with or attempting to comJ?ly 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 res~lt of said activity. Any person owning or controlling.real estate or other J?remises who voluntarily and without comJ?ensation grants to the City of West University Place a license or privilege, or other- wise 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 shel- tering J?ersons during an actual, impending or practice enemy attack shall not, together with his successors in interest, if any, 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 7. 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 11111111111111.:,111.' II Ii "4,4 the authority contained in this Ordinance. It shall likewise be un- lawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the Civil Defense and 2 ~isaster Relief Organization of the City of West University Place, Texas, unless authority to db so has been granted to such person by the proper officials'-Conviction for violation of the pro- visions of this Section shall be punishable by not less than $1 nor more than $200 penalty. Section 8. If any portion of this Ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions hereof. Section,9. Whereas, there exists no department or organization of the City' of West University Place, Texas, which would be in position to cope with common disasters, either man-made or natural, and render prompt and efficient aid in time of need, thereby creating an emergency in the immediate preservation of the public peace, health, safety and general welfare, requiring that this Ordinance shall take effect immediately from and afteri~s passage and proper publication of the caption, and it is accordingly so ordained. PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 1961. CO~wrrSSIONERS VOTING AYE All COMMISSIONERS VOTING NO None ~~~ Stuart L. Lamkin, Mayor City of West University Place, Texas ATTEST: A~t~ lLJ D o 'il LJ