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Ord. 0106 1965-01-28ORDINANCE NO. 16 AN ORDINANCE CREATING A MUNICIPAL DEFENSE AND DISASTER RELIEF COMMITTEE AND PROVIDING THE POWERS OF THAT COM- MITTEE; CREATING THE OFFICE OF MUNICIPAL DEFENSE COOR- DINATOR 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 PEARLAND; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES; AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIIZED LIGHTS AND WARNING AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EX- CEEDING ONE HUNDRED ($100.00) DOLLARS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. There is hereby created the Municipal Civil Defense and Disaster Relief Committee of the City of Pearland which shall consist of the following: (a) The Mayor of the City of Pearland, who shall serve as Chariman of the Committee, and who shall also be known as Muni- cipal Defense Director of the City of Pearland. (b) The Defense Coordinator of the City of Pearland, who shall be charged with the preparation of a civil defense plan for the City of Pearland, together with such other duties as the Coordinator may prescribe. The Coordinator shall be appoint- ed by and hold his position at the pleasure of the Municipal De- fense Director. The Coordinator shall serve as Vice -Chairman of the Municipal Civil Defense and Disaster Relief Committee of the City of Pearland. (c) The directors of Divisions and Chiefs of Service of such Division as may be provided for by resolution by the City Council or by directive of the Municipal Defense Coordinator. (d) Representatives not to exceed in number from civic, business, industry, labor, veterans, professional, or other groups, to be selected and appointed by the Mayor. Page 2. Section 2. The powers and duties of the Municipal Civil Defense and Disaster Relief Committee shall include the recommen- dation for adoption by the City Council of a civil defense plan for the City of Pearland, 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 Disasteu Re- lief Committee shall also include 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 amend- ments and improvements in the civil defense plan adopted by the City Council. The Civil Defense and Disaster Relief Committee of the City of Pearland shall meet upon the call of either the Chairman or Vice -Chairman. Section 3. The Mayor of the City of Pearland is hereby authorized to join with the County Judge of the County of Brazor- ia, and the Mayors of the other cities in said county in the for- mation of a Civil Defense and Disaster Relief Council for the County of Brazoria and shall have the authority to cooperate in the formation of a civil defense plan for the County of Brazoria and in the appointment of a Civil Defense Director for the County of Brazoria, as well as all other powers necessary to participate in a county -wide program of civil defense and disaster relief in- sofar as aid program may affect the City of Peathnd. 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 4 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 page 3 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 or- ganization of the City of Pearland; (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 Pearland; (3) The maintenance of necessary liaison with other municipal, district, State, County, regional, federal, or other civil defense organizations; (4) The marshalling, after declaration of an emergency as provided for above, of all necessary personnel, equipment or supplies from any department of the City of Pearland to aid in the carrying out of the civil defense plan; (5) The issuance of all raessary proclamations as to the existence of an emergency and the immediate operational effective- ness of the civil defense plan; (6) The issuance of reasonable rules, regulations or di- rectives which are necessary for the protection of life and pro- perty in the City of Pearland, such rules and regulations shall be filed in the office of the Town 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 agreements, 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 page 4 !I acceptance of private contributions; an agreement with the county in which said city is located and 9 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 (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 Pearland, shall consist of Ithe officers and employees of the City of Pearland 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 land special staff as the City Council shall prescribe by resol- ution 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 or- dinance. 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 Munic- ipal Civil Defense and Disaster Relief Committee, or as an of- ficer, employee or volunteer in any capacity in the municipal Civil Defense and Disaster Relief Organization created by resolu- tion or directive pursuant to the authority herein conferred, ishall, prior to assuming their duty or duties, take an oath page 5 which shall be substantially as follows: , do solemnly 11 swear (or affirm) that I will support and defend the Consti- tution of the United States and the Constitution of the State ,of Texas, against all enemies, foreign and domestic; that I 11 will bear true faith and allegiance to the same; that I take !,this obligation freely, without any mental reservation or pur- pose of evasion; and that I will well and faithfully discharge ry'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 affilliate of anypolicital 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 that during such time as I am a member of the County Civil Defense and Disaster Relief Committee of the County of Brazoria 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 over- throw 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 property during blackouts or air raids, the police are authorized and directed to enter upon any premises within the City of Pearland, 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 regu- lations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede all existing ordinances, or- ders, rules and regulations insofar as the latter may be incon- sistent therewith. page 6 Section 10. This Ordinance shall not be construed so as to conflict with any State or Federal statute or with any Mili- tary or Naval order, rule or regulation. Section 11. 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 Pearland, the agents and representatives of said City,or any individual, re- ceiver, firm partnership, corporation, association, or trustee, or any of the agent thereof, in good faith carrying out, cm - , plying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this or- dinance 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 Pearland, a license or privilege, or otherwise permits the City to inspect, desig- ?pate 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 attac% 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 per- son. 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 ordinance without prior approval by ithe City Council, nor shall any person have any right to bind the City by contract, agreement or otherwise without prior and specific approval of tie City Council. page 7 Section 13, It shall be unlawful for any person wilfully to obstruct, hinder, or delay any member of the Civil Defense Organization in the enforecement of any rule or regulation is- sued pursuant to this ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority con- tained in this ordinance. It shall likewise be unlawful for Lamy 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 Pearland 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 ($100.00) Dollars. Section 14. If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not af- fect 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. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Pearland at a /�/�,�/ meeting held on the 2- day of �t� , 1965. May9r City i ATTEST: