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HomeMy WebLinkAbout165 04-10-1962ORDINANCE NO. 165 AN ORDINANCE CREATING A CIVIL DEFENSE AND DISASTER RELIEF BOARD FOR THE CITY OF EULESS, AND PROVIDING THE POWERS AND RESPONSIBILITIES THEREOF; CREATING THE OFFICE OF CIVIL DE- FENSE DIRECTOR AND COORDINATOR AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF SUCH OFFICES; PROVIDING FOR THE ESTAB- LISHMENT OF COOPERATIVE AND MUTUAL AID AGREEMENT BETWEEN THE CITY OF EULESS AND OTHER POLITICAL SUBDIVISIONS; GRANTING CERTAIN POWERS TO COPE WITH MUNICIPAL EMERGENCIES; PROHIBIT- ING UNAUTHORIZED ACTIVITIES IN VIOLATION OF CIVIL DEFENSE DIRECTIVES; PROVIDING A PENALTY THAT ANY PERSON, PIRM OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED .A SUM NOT LESS THAN $10.00 NOR MORE THAN $200.00; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. "A" Civil Defense and Disaster Relief Board. There is hereby created the Civil Defense and Disaster Board of the City of Euless. Such board shall consist of five (5) residents of the City of Euless, three (3) Board members to be appoint- ed for a two year term, and two (2) Board members for a one year term, for the first year, thereafter all board members shall be appointed for two (2) year terms as previous appointments expire. The City Council shall choose for member- ship on such Board those persons known to be interested in civil defense, and the Council shall designate one of such Board members as Civil Defense Director who shall supervise the operations and civil defense activities within the City of Euless. The said Civil Defense Director and Board members shall draw no compensa- tion as such for their duties as, but shall be reimbursed for any lawful expendi- tures made on behalf of the City, or expenses incurred in the performance of their duties when such expenditures are approved by the Council. "B" Civil Defense Coordinator. There shall be a Civil Defense Coordinator of the City &F Bless who shall be charged with the preparation of a Civil Defense Plan for the City, together with such other duties as the Director may prescribe. The Coordinator shall be appointed or replaced by the City Council. "C" Powers and Responsibilities of the Civil Defense Relief Board. The powers and responsibilities of such Board shall include the recommendatinn_To`i� adoption by the City Council of a civil defense plan for the City of Euless and the recomm- endation for adoption by the City Council of such mutual aid plans and agreements which are deemed essential for the implementation of such civil defense plan. The Board shall also make a survey of the availability of existing personnel, equip- ment, supplies and services which would be available in the event of an emergency in the City Of Euless, as well as a continuing study of the logistical needs of the City in order to maintain a readiness in the event of municipal emergency or disaster. The Board shall meet upon call of the Civil Defense Director and shall maintain written minutes of its meetings. "D" Duties and Fes onsibilities of the Civil Defense Director. The duties and responsibilities o the Civil Defense Direstor shall, with the advise and cooperation of the Civil Defense Coordinator and Disaster Relief Board, be primar- ily as follows: 1. Request of the City Council the declaration of the existence of an` emergency and the'invocation of emergency powers as herein provided. 1. The control and direction of the training program of the Civil Defense and Disaster Relief organization of the City of Euless. 3. The maintenance of necessary liaison with other municipal, district, County, State and Federal civil defense organizations. 4. Upon declaration of an emergency, the marshalling of available personnel, equipment and /or supplies to aid and assist in carrying out the civil defense plan. S. The supervision and execution of the civil defense plan as adopted by the City Council. 6. Representation of the City of Euless in the direction of mutual aid agreements in cooperation with representation of State. County or other political subdivisions. 7. Representation of the City of Euless in securing the use of private property for emergency centers and other purposes. 8. The procurement of those necessary supplies and equipment, including the acceptance of private contributions on behalf of civil defense, such activities being unifier the direct control of the City Council of the City of Buless. "B" City Bm2loyees and Volunteer Civil Defense workers. The Civil Defense Plan and program shall integrate and distribute the functions and duties of civil defense among City employees and volunteer civil defense workers as the Board may prescribe by resolution, or as the Civil Defense Direstor shall provide by direction, Any such resolution or direction shall set forth the form of organization. establish and designate services, assign functions, duties and powers, and desi7- nate officers and employees to carry out the provisions of the civil defense plan, all of which resolutions and directives shall be subject to the approval of the City Council. II. Any unauthorized person who shall operate a siren or other device so as to simulate a black -out signal or air raid signal or the termination of a black -out or air raid status, or who may display a light contrary to the order, rule or regulation promulgated pursuant to the provisions of this ordinance shall be deemed guilty of a violation of this ordinance and shall be subject to the pen- alties and fines imposed therein. III, 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 Council, nor shall any persons have any right to bind the City by contract, agreement or otherwise without prior and specific approval of the City Council. IV. It shall be unlawful for any person wilfully 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 Euless, unless authority so to do has been granted to such a person by the Euless civil defense authorities. V. There is reserved by this ordinance to the City of Euless all powers granted under the general laws of the State of Texas, and the Constitution of the State of Texas, for the exercise of governmental functions and the protection of the public peace, health, welfare and safety. VI. Any person, firm or corporation violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not less than $10.00 or more than $200.00. Each day such violation con- tinues shall constitute a separate and distinct offense. VII. Should any section, article, provision or part of this Ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decisions shall in no way affect the validity of any of the remaining parts of this Ordinance unless the part held unconstitutional or void is inseparable from and indispensable to the operation of the remaining part. The City Council hereby declares that it would have passed those parts which may be unconstitutional at the time of the passage of this Ordinance. VIII. This Ordinance shall become effective and be in full force and effect from and after the date of its adoption and publication as by law provided. ADOPTED this 10th day of April, 1962. ATTEST: S /gg G.D. McAdoo, Jr. APPROVED: S/? J.S. Anderson MAYOR