Loading...
Ord 2108 9/14/1964 ORDINANCE NO, AN ORDINANCE CREATING THE POSITION OF CITY EMERGENCY COORDINATOR AND PROVIDING FOR THE POWERS OF THAT POSITION; PROVIDING FOR THE DUTIES AND RESPONSIBIL'ITIES OF THE POSITION OF CITY EMERGENCY COORDINATOR; PROVIDING THE NECESSARY POWERS TO COPE WITH EMER- GENCIES THREATENING LIFE AND PROPERTY IN THE CITY OF WICHITA FALLS; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES; PROHIBITING UNAUTHORIZED LIGHTS AND WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR, PUNISHABLE BY FINE NOT EXCEEDING TWO HUNDRED DOLLARS; REPEALING ORDINANCE NO, 1947 PASSED AND APPROVED ON THE 24TH DAY OF APRIL, 1961, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS : Section 1. There is hereby created the position of City Emergency Coordinator for the City of Wichita Falls; the City Manager of the City of Wichita Falls shall be known as City Emergency Coordinator for the City of Wichita Falls Section 2, It shall be the duty of the City Emergency Coordinator to supervise the preparation of emergency plans, and other matters' that may re- late to preparation for emergency action. He is charged with the overall responsibility for the administration of the plans and for the revision of the same. The City Emergency Coordinator shall have the sole power to direct any and all emergency plans implemented within the corporate limits of the City of Wichita Falls. The City Emergency Coordinator shall have the power to enter into contracts and agreements with surrounding cities, counties or other defense organizations in order to implement an overall Civil Defense plan. Section 3. The City Emergency Coordinator may direct the use of City personnel and equipment outside the corporate limits of the City of Wichita Falls where such emergency exists. The City Emergency Coordinator shall at all times have direct control over the utilization of the City personnel and equipment. Section 4. In the event of a disaster one of the following should be notified: (a) Director of Public Safety, (b) Director of Civil Defense, (c) Chief of Police. Upon receipt of the emergency call by one of these officials, they will immediately notify the City Emergency Coordinator of the conditions that exist. It shall then be the duty of the City Emergency Coor- dinator to declare a disaster and put into effect the plan for handling the same. If the disaster is within the corporate limits of the City of Wichita Falls, the City Emergency Coordinator or his designated representative will direct operations in the disaster area. If outside the corporate limits of the City of Wichita Falls, and in the county, the County Judge will direct emergency operations and may utilize the City equipment and personnel under the direction of' the City Emergency Coordinator. Section 5 ., It shall further be the duty and responsibility of the City Emergency Coordinator to implement the following: (a) The control and direction of the actual operation or training effort of the Civil Defense organization for the City of Wichita Falls; - 2 - (b) The determination of all questions of authority and responsi- bility that may arise within the Civil Defense organization for the City of Wichita Falls; (c) The maintenance of necessary liason with other municipal, district, state, county, regional, federal, or other civil defense organizations; (d) The marshalling, after declaration of an emergency, of all per- sonnel, equipment or supplies from any department of the City of Wichita Falls to aid in the carrying out of the Civil Defense plan; (e) The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational implementation of the Civil Defense plan; (f) The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property within the City of Wichita Falls, such rules and regulations shall be filed in the office of the City Clerk and shall receive widespread publicity where possible; (g) The supervision of the drafting and execution of mutual aid agree- ments in cooperation with representatives of the state and other political subdivisions of the state and the drafting and execution, if deemed desirable, of an agreement with these political subdivisions; (h) The supervision of and final authorizations for the procurement of all necessary supplies and equipment, including acceptance of private contributions; (i) The authorizing of agreements, after approval of the City Attorney, for the use of private property for air raid shelter and other purposes . Section 6. The Civil Defense organization shall consist of the offi- cers and employees of the City of Wichita Falls, and all volunteer municipal defense workers. Rules and regulations setting out the duties and responsi- bilities of particular sections, or departments, within the City Government shall be formulated by the City Emergency Coordinator. Section 7 . Each person serving as a member of the Civil Defense organi- zation prior to the :assumption. of their duty or duties shall take an oath which shall be substantially as follows: "I, , do solumnly 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 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 Municipal Civil Defense and Disaster Relief Committee of the City of Wichita Falls I will not advocate or 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. " Section 8. Any light displayed contrary to any order, rule or regula- tion promulgated pursuant to the provisions of this ordinance constitutes a , . • - 3 - public nuisance and when deemed necessary in order to protect life or pro- perty during blackouts or air raids, the police are authorized and directed to enter upon any premises within the City of Wichita Falls, 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 9. 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 10 . 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 11. 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 12, This ordinance is an exercise by the City of its governmen- tal functions for the protection of the public peace, health and safety and neither the City of Wichita Falls, its agents and representatives of said City, or any individual, rnceiver, 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 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 volun- tarily and without compensation grants to the City of Wichita Falls 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 es- tate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. Section 13. 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 the Board of Aldermen, nor shall any per- son have any right to bind the City by contract, agreement or otherwise with- out prior and specific approval of the Board of Aldermen. Section 14. 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 the authority contained in this ordinance. It shall be likewise unlawful for any person to wear, carry or display any emblem, insignia or any other means of identifica- tion as a member of the civil defense organization of the . City of Wichita Falls, 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 to exceed two hundred ($200) dollars . Section 15. If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions hereof. - 4 - Section 160 Ordinance No. 1947 and all other ordinances in conflict herewith are hereby repealed. Section 17. Due to the fact that the City of Wichita Falls has already suffered one disaster within recent months, and could suffer another at any time, creates an urgent public need for the preservation of peace, health and safety of the property of the City of Wichita Falls, so that an emergency is hereby declared; and upon final passage of this ordinance the same shall take effect immediately, and it is so ordained. PASSED AND APPROVED this / day of /, /r , 19640 Mayor A T T E S T ' : .. ' City Clete+' • • -ri:,.1',5'iil.r;.44,1■744M-Ra",'-`4 ,1,r--M Affidavit of Publication SITiON aF CITY EMERGENCY COOR-' DINATOR AND PROVIDING FOR-TUE\'-, 'THAT POSITJOislas` i(i''\ N „PYAF5fir.97-,-,,,n.r-eupporrarretserer% ine''' ``,..■Constitution of the United States and the 1.. Consitution of the State of Texas, THE 'STATE OF TEXAS ,C4 against all enemies, foreign and domes- tic; that I will bear true faith and al- COUNTY OF WICHITA ,-;',legiance to the same; that I take this 3',obligation freely, without any mental qjreservation or purpose of evasion;-and, ,-that I will well and faithfully discharge ,1 the duties upon which I am about to ,' ,,,, .. enter. And I do further swear (or af- On this t.),..,11. . day of . '-'<:,Goi)er•I firm) that I do not advocate, nor am I -1 i....'a member or an affiliate of any political party or organization, group or combina-! A.D. '---,Al',-: tion of persons that advocates the over-l . -1-!--',-P- . personally appeared before me, the undersigned authority Ithrow of the Government of the United Pa tri c;i a ii.n n (.'.'-,)n6 le ian _., bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising . ....i.,.._ ,, 1 , , published in - ":; ,, 3 A ....--issues thereof on the following ... dates: •_ ..,,, oror, rule.or regulation 1 ii (1.. .(, A WA, promulgated under the authority con- . ferred by this ordinance. . 1 • .--....----,,, Section 9. Any unauthorized person who 1 . j shall operate a siren or other device so ' 01 j as to simulate a blackout signal or air 1{ raid, or the termination of a blackout 1 ii.-, r 4/ 1 a.Z.-e:.e (4./ ..----Y---' /:.-t...-7-t..--7 4'....-,- /----e- -7e el' J.„-z (.....e or air raid, shall be deemed guilty of a I 1 I violation of this ordinance and shall be i i Bookkeeper for Times Publishing Company 'subject to the penalties imposed by this i ordinance. of Wichita Falls Section 112. At all times when the or-1. ders, rules and regulations made and promulgated pursuant to this ordinance shall be in 'effect,they shall supersede all ',. Stbscribed and sworn to before me this the day and year first above existing ordinances, orders, rules and regulations insofar as the latter may be i inconsistent therewith. written. Section 11, This ordinance shall not be.1 construed so as to conflict with any State or Federl statute or with any I military or nava al order, rule or regula- tion. Section 12. This ordinance is an exer- cise by he City of its governmental functions for ¼e.protection of the public peace, health ano,Afety and neither the . City of Wichita Falisi-its agents and rep- / _\ resentatives of said Citv. —qr ny individ-' ual, receiver, firm, partn,-..„4. ip, corpor- ation, association, or trustee, of the agents thereof, in good ing out, complying with or attemptnT,Y comply with, any order, rule or regua tion•promulgated pursuant,to,the ()Joy):