HomeMy WebLinkAboutOrdinance No. 8 s TN
FRIENDSWOOD CITY ORDINANCE #8
AN ORDINANCE CREATING A M(WCIPAL DEFENSE AND DISASTER RELIEF COMMITTEE AND
PROVIDING THE POWERS OF THAT COI^2VIITTEE: CREATING THE O Fr CE OF X1JNICIPAL
DEFENSE COORDINATOR AIM PROVIDING THE DUTIES AND RFS!OCNSILILITIES OF THAT
OFFICE: CREATING. AN OPERATIONAL ORGANIZATION: GRUNTING NECESSARY POi^iaRS
TO COPE WITH. EMERGENCIES THREATENING LIFE AND PROPERTY ITV THE CITY OF
FRIENDS-WOOD: AUTHORIZING COOPERATIVE ANC MUTUAL AID AGREPIDINTS FOR RELIEF
WORK BETTW + THIS AMID 0TIMR CITIES OR COUI--TIES: AND FOR RATED PURPOSES,
PROHIBITING UNAUTHORIZED LIGHTS AND iaRNING AND AIL-CLEAR SIGNALS AND
MAI;ING VIOLATIONS A NISDMMNOR PUNTS P r •BY FINE NOT EXCEEDING $500.00.
BE UT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FRZENDS1,10OD:
Section 1. There is hereby created the Municipal Civil Defense and Dis-
aster Relief Committee of the City of FRIENDSWOOD which shall consist of
the following:
(a) The Mayor of the City of FRIENDSWOOD, who shall serve as Chairman j
of the Committee, and who shall also be known as Municipal Defense Coord- -
inator of the City of-FRIENDSWOOD.
(b) The Assistant Defense Coordinator of the City o£ FRIENDSWOOD, who
shall be charged with the preparation of a civil defense plan for the
City of FRIEN'DSWOOD, 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. , The
Assistant Coordinator shall serve as Vice-Chairman of the Municipal Civil
Defense and Disaster Relief Committee of the City of FRIENDSWOOD.
(c) The directors of Divisions and Chiefs of Services of such Divisi-
onAs may be provided for by reslution by the City Council or by direct
ive of the Municipal Defense Coordinator.
(d) Representatives not to exceed 10 in number from civic, business,
industry, labor, veterans, professional, or other groups, to be selected
and appointed by the Mayor.
Section 2. The powers" and duties of the Municipal Civil Defense and Dis-
aster Relief Committee shall include 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 Committee shall also in-
clude 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 am-
endments and improvements in the civil defense plan adopted by the City
Council. The Civil Defense and Disaster 'Relief Committee of the City of
FRIENDSWOOD shall meet upon the call of either the Chairman or Vice-
Chairman.
Section 3. The Mayor of the City of FRIENDSWOOD is hereby authorized to
join with the County Judge of the County of GALVESTON, and the mayors of
the other cities in said county in the formation of a'Civil Defense and
and Disaster Relief Council for the County of GALVESTON, and shall have
the authority to cooperate in the formation of a. civil defense plan for the
County of GALVESTON and in the appointment of a Civil Defense Director for
the County of GALVESTON, as well as all other powers necessary to partici-
pate in a county-wide program of civil defense and disaster relief insofar
as said program may affect the City of FRZEIdDSW00D.
Section 4. The office of Iunicipal 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 exist- �
ence of an emergency without delay, the Coordinator may, if bhe City9buncml
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
FRIENDSWCOD.
(2) The determination of all questions of authority and responsibility
that may arise within the civil defense and disaster relief organization of
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the City of FRIENDSWOOD.
(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-
mentof the City of FRIENDSVTOOD 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 FRIEND-
SWOOD, such rules and regulations shall be filed in the office of the City
Clerk and shall receive wide-spread 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 I
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 organization
of the City of FRIENDSWCOD, shall consist of the officers and employees of
the City of FRIENDSWOOD designated 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 resol-
ution or directive shall set forth the form of orga.rization, establish and
designate divisionsrand:sel'vices, assign functions, duties and powers, and
designate officers and employees to carry out the provisions of this ordi-
nance. Insofar as possible, the form of organization, titles and termino-
logy 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 Def-
ense and Disaster Relief Committee, or as an officer, employee or volunteer
in any capacity in the Municipal Civil Defense and -Disaster Relief Organ-
ization created by resolution or directive pursuant to the authority herein
conferred, shall, prior to assuming their duty or duties, take an oath whit
shall be substantially as follows:
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 ememies, foreign and domestic; that I will bear
true faith and allegiance to the same; that I take this obligation freely,
without any mer-tal reservation or purpose of evasion; and that I will well
and faithfully discharge the duties upon which I an 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 the overthrow of the Government of the United
States or of this-State by force or violence; and tffiat during szch time as
I am a member of the County Civil Defense and Disaster Relief Committee of
the County of 1ALNESTON I will not advocate nor become a member or an affil-
iate of any organization, group, or combination of persons or of any?poilt-I
ical party that advocates the overthrown 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 -regulation
promulgated pursuant to the provisions of this ordinance constitutes a
public nuisance and when deemed necessary in order to protect life or prop-
erty during blackouts or air raids, the police are authorized and directed
to enter upon any premises within the City of FRIENDS4dCOD, using reasonable
force, and extinguish lights or take other necessary action to make effec-
tive any order, rule or regulation promulgated under authority conferred by
this ordinance.
Section 8. Any unauthorized person who shall operate a siren or other
device so as to simulate a blackout or air raid, shall he 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 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 FRIENDS:•]OOD, the agents and representatives of said
City, or any individual, receiver, firm, partnership, corporation, associa-
tion, or trustee, or any of the agents thereof, in good faith carrying out,
complying with or attempting to comply with, any order, -rule or regulation
promulgated pursuant to the provisions ofthis 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 volunt-;
airly and without compensation grants to the City of FRIDEYDSOOOD a license
or privelege, or otherwise permits the City to inspect, designate and use
-the wdnole or any part or parts of such real estate or premises for the -our- ,
pose 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 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 ordi-`
nance w}thout prior approval by 'Cne 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 small be unlawful for any person z:.ilfully 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 small likewise be unlawful for any person
to wear, carry or display any emblem, insiEnia or any other means of identi-
fication as a member of the civil defense organization- of the City bf= '.
FRIENDSWOCD, 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 a fine not exceeding y500.00.
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 immediate effect.
F=!TDS; ooD CITY ORDIrIINCS �"•8
Passed and approved this 14th. day of August A. D. 1961
_ I
City of Friendswood, Texas
�! I-layor
Attest v,
City Secretai
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