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1961 Ordinance-Creating Municipal Defense & Disaster Relief Committee 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 PROVINDING THE DUTIES AND RESPONSIBLITIES OF THAT OFFICE; CREATING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND PROPERTY IN THE CITY OF WYLIE; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WPRL BETWEEN THIS CITY AND OTHER CITIES OR COUNTIES; AND FOR RELATED PURPOSED, PROHIBITING UN- AUTHORIZED LIGHTS, WARNING SIGNALS, AND ALL-CLEAR SIGNALS, AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLE, TEXAS: SECTION I. Thre is hereby created the Municipal Civil Defense and Disaster Relief Committee of the City of Wylie which shall consis of the following: a. The Mayor of the City of Wylie who shall serve as Chairman of the Committee, and who shall also be known as the Municipal Defense Coordinator of the City of Wylie. b. The Assistant Defense Coordinator of the City of Wylie, who shall be charged with the preparation of a civil defense plan for the City of Wylie, together with such other duties as the Coordinator may prescribe. The Assistant Coordinator shall be appointed by and hold his position at the pleasure of the Municipal Defense Coordinator. The Assistant Coordinator shall serve as Vice-Chairman of the Municipal Civil Defense and Relief Committee of the City of Wylie. c. The directors of divisions and chiefs of services of such divisions as may be provided for by directibe of the Municipal Defense Coordinator. d. Representatibes not to exceed two in number from civic, business, industy, labor, bereans, professional, or other groups, to be selected and appointed by the Mayor. SECTION II. The powers 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 Wylie, 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 in an emergency, as pro- bided herein, as well as a 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 Wylie, shall meet upon the call of either the Chairman or Vice-Chairman. SECTION III. The Mayor of the City of Wylie is hereby authorized to join with the County Judge of the County of Collin, 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 Collin and in the appoint- ment of a Civil Defense Director for the County of Collin, and shall have the authority to cooperate in the formation of a civil defense plan for the County of Collin, as well as all other powers necessary to participate in a county-wide program of civil defense and disaster relief insofar as said program may affect the City of Wylie. SECTION IV. 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 event it is deemed neces- sary to declare the existence of an emergency without delay, the Coor- dinator may, if the City Council is not in session, do so, but such action ahall be subject to confimation by the City Council at its next meeting. The duties and responsiblities of the Municipal Defense Coordinator shall inclide the following: a. The control and directionof the actual operation or training efforts of teh civil defense and disaster relief organization of the City of Wylie; b. The determination of all questions of authority and responsibility that may arise within the civil defense and disaster relief organization of the City of Wylie; c. The maintenance of liasion with other municipal, district, State, County, regional, federal, or other civil defense organizations; d. The marshaling, after declaration of emergency as pro- vided for above of all necessary personnel, equipment, or supplies from any department of the City of Wylie to aid in carrying out of the Civil Defense plan; e. The issuance of all necessary proclamations as to the existence of en emergency and the immediate operational effectiveness of the civil defense plan; f. The issuance of reasonable rules, regulations, or direc- tives which are necessary for the protection of life and property in the City of Wylie, such rules and regulations shall be filed with the City Secretary of the City of Wylie and shall receive widespread pub- licity unless such publicity will be of aid and comfort to the enemy; g. The supervision and drafting and execution of mutual aid agreements, in cooperation with the representatives of the State and of othor 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; h. The supervision of and final authorization for the pro- curement of all necessary wupplies and equipment, including acceptance of private contributions; i. The authorizing of afreements, after approval of the City Attorney, for the use of private property for air raid shelter and other purposes. SECTION V. The operational civil defense and disaster reief organiza- tion of the City of wylie shall consist of the officers and employees of the City of Wylie designated by the Municipal Defense Coordinator as well as all volunteer municipal defense workers. The functions and duties of this organization shall be distribued among such divisions and services and special staff as the City Council shall prescribe by resolution or the Municipal Defense Coordinator shall provide by directive. Any such resolution of directive shall set forth the form of the organi- zation, 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 formof the organization, thtles, and terminology shall conform to the recommendat- tions of the State Defense and Disaster Relief Council of the State of Texas and of teh Federal Government. SECTION VI. Each person seving 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 of directive pursuant to the authority herin conferred, shall, prior to assuming their duty or duties, take an oath which shall be substantially as follows: "I, , do solemnly swear (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 same; that I will take this obligation freely without any mental reservation of 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 (affirm) that I do not advocate, nor am I a member of, or an affiliate of, any political party, group, or combination of persons that advocates the overthrow of the Goverment of the United States, or of this State, by force or violence; and that during the time that I am a member of the Municipal Civil Defense and Disaster Relief Committee of the City of Wylie I will not advocate, or become a member or, or an affiliate of, any organiza- tion, group, or combination of persons, or any political party that advocates the overthrow of the Government of the United States, or of this State, by force or violence." SECTION VII. Any light displayed contrary to any order, rule, or regulation promulgated pursuant to the provisions of this ordinance regulation promulgated pursuant to the provisions of this ordinance constitutes a public nuisance and shen deemed necessary in order to protect life of property during blackouts or air raids, the police are authorized and directed to enter upon any premises within the City of Wylie, 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 VIII. 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 of air raid, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. SECTION IX. 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 ordinance, orders, rules, and regulations insofar as the latter may be inconsistant therewith. SECTION X. This Ordinance shall not be constued so as to conflict with any State or Federal statute or with any Military or Naval order, rule, or regulation. SECTION XI. This ordinance is an exercise by the City of its govern- mental functions for the protection of the public peace, health, and safety and neither the City of Wylie, the agents and representatives of said City, or any individual, receiver, firm, partnership, corpora- tion, 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 promulgared 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 con- trolling real estate or other premises who voluntarily and without compensation grants to the City of Wylie, a license or privilege, or otherwise permits the City to inspect, designate, or 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 suvh real estate or premises under such license, privileges, or other permission, or for loss of, or damage to, the property of such person. SECTION XII. 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 approbal of the City Council, nor shall any person have the right to bind the City by contract, agreement, or otherwise without prior and specific approval by the City Council. SECTION XIII. It shall be unlawful for any person wilfully to obstruct, hinder, delay any member of the civil defense organization in the en- forcement of any rule or regulation issued pursuant to this ordinance, or to do any act forbidden by any rule or regulation issued pursuant to this ordinance. It shall be likewise 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 Wylie, unless authority so to do has granted to such person by the proper officials. Convictions for violations of the provisions of this ordinance shall be punishable by fines not to exceed $200.00 for each violation. SECTION XIV. If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions thereof. SECTION XV. the immediate passage of this ordinance is deemed essential to the public health, safety, and welfare, and it shall take immediate effect. PASSED AND APPROVED this the 12th day of Dec., 1961.