O-79-584 - 2/22/1979ORDINANCE NO. ,514
AN ORDINANCE CREATING THE OFFICE OF CIVIL DEFENSE:
CREATING A STAFF OF CIVIL DEFENSE DIRECTOR, AND
DISASTER COORDINATOR, AND PROVIDING THE DUTIES
AND RESPONSIBILITIES OF THOSE OFFICES: CREATING
AN OPERATIONAL ORGANIZATION: GRANTING NECESSARY
POWERS TO COPE WITH EMERGENCIES THREATENING LIFE
AND PROPERTY IN THE CITY OF ROUND ROCK: 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 AND MAKING VIOLATIONS
A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK:
Section 1. There is hereby created the office of Civil
Defense Director of the City of Round Rock, which shall be held by
the Mayor in accordance with State law.
(a) A Disaster Coordinator may be appointed by and serve
at the pleasure of the Director;
(b) The Director shall be responsible for carrying out
the duties and responsibilities set forth in Section 4 of this
ordinance. He may delegate authority for execution of these duties
to the Assistant Director and/or the Coordinator, but ultimate
responsibility for such execution shall remain with the Director.
Section 2. The powers and duties of the Director shall
include supervision of the development of a disaster services plan
for the City of Round Rock, 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 disaster services
plan. The powers of the Director shall include the authority to
declare a state of emergency, but such action may be subject to con-
firmation by the City Council at its next meeting. The duties of
the Director shall also include the causing 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 im-
provements in the disaster services plan.
Section 3. The Mayor of the City of Round Rock is hereby
authorized to join with the County Judge of the County of Williamson
and the mayors of the other cities in said county in the formation
of a Disaster Services Council for the County of Williamson and
shall have the authority to cooperate in the formation of a disaster
services plan for the County of Williamson and in the appointment
of a Disaster Coordinator for the County of Williamson, as well as
all other powers necessary to participate in a county -wide program
of disaster services insofar as said program may affect the City of
Round Rock.
Section 4. The duties and responsibilities of the Civil
Defense Director shall include the following:
(a) The control and direction of the actual operation or
training of the disaster services organization of the City of Round
Rock.
(b) The determination of all questions of authority and
responsibility that may arise within the disaster services
organization of the City of Round Rock.
(c) The maintenance of necessary liaison with other
municipal, district, State, county, regional, Federal, or other
disaster services organizations.
(d) 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 Round Rock to aid in the
carrying out of the disaster services plan.
(e) The issuance of all necessary proclamations as to the
existence of an emergency and the immediate operational effectiveness
of the disaster services plan.
(f) The issuance of reasonable rules, regulations or
directives which are necessary for the protection of life and pro-
perty in the City of Round Rock, such rules and regulations shall be
filed in the office of the City Secretary and shall receive wide-
spread publicity unless publicity will be of aid and comfort to the
enemy.
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(g) 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 agree-
ment with the county in which said city is located and with other
municipalities within the county, for the county -wide coordination
of disaster services efforts.
(h) The supervision of and final authorization 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 public
shelter and other purposes.
Section 5. The operational disaster services organization
of the City of Round Rock shall consist of the officers and employees
of the City of Round Rock so designated by the Director in the
disaster services plan, as well as all organized volunteer disaster
relief associations or groups. The functions and duties of this
organization shall be distributed among such officers and employees
in accordance with the terms of the disaster services plan. Such
plan shall set forth the form of the organization, establish and
designate divisions and functions, assign tasks, 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 terminology shall conform to the recommendations of the
State Disaster Emergency Services Council of the State of Texas and
of the Federal government.
Section 6. Any unauthorized person who shall operate a
siren or other device so as to simulate a warning signal, or the
termination of a warning, shall be deemed guilty of a violation of
this ordinance and shall be subject to the penalties imposed by
this ordinance.
Section 7. At all times when the orders, rules, and
regulations made and promulgated pursuant to this ordinance shall
be in effect, they shall supersede and override all existing
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ordinances, orders, rules, and regulations insofar as the latter
may be inconsistent therewith.
Section 8. 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 9. 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 Round Rock, 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 pro-
mulgated pursuant to the provisions of this ordinance shall be
liable for any damage sustained to persons 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 Round Rock a license of 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 estate or premises under such license, privilege or other
permission or for loss of, or damage to, the property of such person.
Section 10. No person shall have the right to expend any
public funds of the City in carrying out any disaster services
activity authorized by this ordinance without prior approval by the
City Council, not shall any person have any right to bind the City
by contract, agreement or otherwise without prior and specific
approval of the City Council.
Section 11. It shall be unlawful for any person willfully
to obstruct, hinder, or delay any member of the disaster services
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
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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 disaster services organization
of the City of Round Rock, unless authority to do so has been
granted to such person by the proper officials. Convictions for
violations of the provisions of this ordinance shall be pun-
ishable by fine not to exceed two -hundred dollars ($200.00).
Section 12. Each employee or any individual that is
assigned a function or responsibility shall solemnly swear or
affirm to support and defend the Constitution of the United States
laws of the State of Texas and the Ordinance of the City of Round
Rock.
Section 13. If any portion of this ordinance shall, for
any reason, be declared invalid, such invalidity shall not affect
the remaining provisions thereof.
Section 14. All ordinances, parts of ordinances, or
resolutions in conflict herewith are expressly repealed.
READ and APPROVED on first reading this the
J.Lbutaktri
of
, 1979.
1
day
READ, ,;U
day
and ADOPTED on second reading this the
day of JAUCOLALI1979.
ATTEST:
J
it
Secretary
LAND, y
ROBERT G. GRIFFIT� , Mayor
City of Round Ro , Texas
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