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Ord 1947 4/24/1961 ORDINANCE NQ AN ORDINANCE CREATING A MUNICIPAL DEFENSE AND DISASTER RELIEF COMMITTEE AND PROVIDING THE POWERS OF THAT COMMITTEE: CREATING THE OFFICE OF MUNICIPAL DEFENSE COORDINATOR AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE: CREATING AN OPERA- TIONAL ORGANIZATION: GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES 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 AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED LIGHTS AND WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUN- ISHABLE BY FINE NOT EXCEEDING $200.00, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS TEXAS: SECTION 1. There is hereby created the Municipal Civil Defense and Disaster Relief Committee of the City of Wichita Falls which shall consist of the following: (a) The Mayor of the City of Wichita Falls, who shall serve as Chairman of the Committee, and who shall also be known as Municipal Defense Coordinator of the City of Wichita Falls. (b) The Civil Defense Director of the City of Wichita Falls, who shall be charged with the preparation of a civil defense plan for the City of Wichita Falls, together with such other duties as the Coordinator may prescribe. The Civil Defense Director shall be appointed by and hold his position at the pleasure of the Municipal Defense Coordinator. The Civil Defense Director shall serve as Vice-Chairman of the Municipal Civil Defense and Disaster Relief Committee of the City of Wichita Falls. (0 ) The directors of Divisions and Chiefs of Services of such Divisions as may provided for by resolution by the Board of Aldermen or by directive of the Municipal Defense Co- ordinator. (d) Representatives not to exceed nine (9) 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 Disaster Relief Committee shall include the recom- mendation for adoption by the Board of Aldermen of a civil defense plan for the City of Wichita Falls, and the recommendation for adoption by the Board of Aldermen 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 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 amendments and improvements in the civil defense plan adopted by the Board of Aldermen. The Civil Defense and Disaster Relief Committee of the City of Wichita Falls, shall meet upon the call of either the Chairman or Vice-Chairman. SECTION 3. The Mayor of the City of Wichita Falls is hereby authorized to join with the County Judge of the County of Wichita, and the Mayors of the other cities in said county in the formation of a Civil Defense and Disaster Relief Council for the County of Wichita and shall have the authority to cooperate in the formation of a civil defense plan for the County of Wichita and in the appointment of a Civil Defense Director for the County of Wichita, as well as all other powers necessary to participate in a county-wide ,program of civil defense and disaster relief inso- far as said program may affect the City of Wichita Falls. 1 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 Board of Aldermen or by higher authority. In the event it is deemed necessary to declare the existence of an emergency without delay, the Coordinator may, if the Board of Aldermen is not in session, do so, but such action shall be sub- ject. to confirmation by the Board of Aldermen 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 Wichita Falls; (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 Wichita Falls; (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 department of the City of Wichita Falls 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 Wichita Falls , 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 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 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 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 Wichita Falls, shall consist of the officers and employees of the City of Wichita Falls desig- nated 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 Board of Aldermen shall prescribe by resolution or the Municipal Defense Cordinator 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 ord- inance. Insofar as possible, the form of organization, titles 2. ihh■__ 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 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 resolu- tion or directive pursuant to the authority herein conferred, shall, prior to assuming their duty or duties, take an oath which shall be substantially as follows: "I, , do solemnly swear (or affirm) that I will support `and defence 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 M 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 Civil Defense and Disaster Relief Committee of the of Wichita g , ,. 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. " 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 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 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 sub- ject 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 incon- sistent 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 governmental functions for the protection of the public peace, health and safety and neither the City of Wichita Falls, 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 , comply- ing with or attempting to comply with, any order, rule or regula- tion 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 compen- sation 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 3. 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 ordinance without prior approval by the Board of Aldermen, nor shall any person have any right to bind the City by contract, agreement or otherwise without prior and specific approval of the Board of Aldermen. SECTION 13. It shall be unlawful for any person wil- fully to obstruct, hinder, or delay any member of the civil defense organization 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 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 fine not to exceed $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. THAT, due to the fact that no one community is exempt from natural disasters or the dangers which are inherent in an enemy attack creates an urgent public need for the preserva- tion of the 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 4L9L day of 62 A. D. 1961. re' / )011 1 ATTEST : lenne - •' on, 'DI ' A . . l s, l y er