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Ordinance No. 2280 ORDINANCE NO. 228 AN ORDINANCE CREATING A MUNICIPAL DEFENSE AND DISASTER RELIEF ® COMMITTEE AND PROVIDING THE POIN[ERS OF THAT COMMITTEE; CREATING THE OFFICE OF CIVIL DEFENSE DIRECTOR AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE; CREATING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH EMERGENCM THREATENING LIFE AND PROPERTY IN THE CITY OF BAYTOWN; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES; AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A PENALTY AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: SECTION 1: There is hereby created the Municipal Civil Defense and Disaster Relief Committee of the City of Baytown which shall consist of the following: (a) The City Manager of the City of Baytown shall serve as Chairman of the Committee. • (b) The Civil Defense Director of the City of Baytown, who shall be charged with the preparation of a civil defense plan for the city of Baytown, with the approval of the City Manager, together with such other duties as the City Manager may prescribe. The Civil Defense Director shall be appointed by the City Manager and approved by the City Council. The Civil Defense Director shall serve as Vice - Chairman of the Municipal Civil Defense and Disaster Relief Committee of the City of Baytown. (c) The Department heads and officers of the city as shall be appointed by the City Manager and approved by the City Council. • (d) Representatives not to exceed in number from civic, business, industry, labor, veterans, professional, or other groups, to be appointed by the City Manager and approved by the City Council. SECTION 2: The potters and duties of the Municipal Civil Defense and Disaster Relief Committee shall include the recommendation for adoption by the City Council of a civil defense plan for the City of Baytown, 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 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 ® continuing study of the need for amendments and improvements in the civil defense plan adopted by the City Council. The Civil Defense and Disaster Relief Committee • • of the City of "Baytown, shall meet upon the call of either the Chairman or Vice- Chairman. • SECTION 3: The City Manager, with approval of the City Council, is hereby authorized to join with the County Judge of the County of Harris, and the Mayors and /or City Managers of the other cities in said county in the formation of a Civil Defense and Disaster Relief Council for the County of Harris, and shall have the authority to cooperate in the formation of a civil defense plan for the County of Harris and in the appointment of a Civil Defense Director for the County of Harris, as well as all other powers-necessary to participate in the county wide program of civil defense and disaster relief insofar as said program may affect the City of-Baytown. SECTION 4: The office of Civil Defense Director is hereby created. This Director 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 existence of an emergency without delay, the Director may, if the City Cpuncil is not in session, do so with the approval of the City Manager, but such action shall be subject to confirmation by the City Council at its next meeting. The duties and responsibilities of the Director, subject to approval by the City Manager, 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 Baytown; (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 Baytown; (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 Baytown to aid in the carrying out of the civil defense plan; (5) The issuance of all necessary proclamations asto the existence of an emergency and the immediate operational effective ness 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 Baytown such • rules and regulations shall be filed in the office of the City Clerk and shall receive widespread publicity unless publicity will be of aid and comfort to the enemy; -2- E • (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 Baytown, shall consist of the officers and employees of the City of Baytown designated by the City Manager as approved by the City Council, 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. Any such resolution 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 ordinance. Insofar as possible, the form of organization, titles and term- inology 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 resolution 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 affirmf that I.hwill--Su—P-P—or-E—a-nT-d-eTe-n-a7he 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 organizatiop, 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 Baytown, 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 7s Any unauthorized person who shall operate a siren or other device so as to simulate an air raid alarm, or the termination of an air raid, shall be -3- deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. • SECTION 6 At all times when the orders, rules and regulations made and pro - -.:aul�atoddpursuant 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 9: 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 10: 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 Baytown, 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, 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 voluntarily and without compensation grants to the City of Baytown 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 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 11: 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 City Manager and 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 Manager and City Council. SECTION 12: It shall be unlawful for any person wilfully to obstruct, hindey, 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 orregulation 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 Baytown, 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 ($200.00) dollars. I � ' SECTION 13: If'any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect'the remaining provisions hereof. • SECTION 14: Savings Clause. If anyprovision, exception, section, subsection, paragraph, sentence, clause or phrase of'this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end, all provisions of this ordinance are declared to be severable. SECTION 15: Effective Date. This ordinance shall take effect from and after ten (10) days from its passage by the City Council, The City Clerk is hereby directed to give notice hereof causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. • INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this 20th day of May, 1954. " V6 R. Pruett. yor ATTEST: (�o 'Edna ver, Ci y er L C] =5-