HomeMy WebLinkAboutORD 23-070 ORDINANCE NO. 23-070
DECLARING AN EMERGENCY UNTIL THE STATE OF DISASTER IS
TERMINATED; PROVIDING NOTICE; PROUIDING A PENALTY;
PROVIDING SERVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the finding of City Council of the City of Beaumont that the
excessive heat and continued lack of rain has caused severe drought conditions and its
impact upon the property and inhabitants of the City.of Beaumont has the potential for
widespread and severe damage, injury, and potential loss of life and property which
requires extraordinary measures to alleviate the suffering of people and to protect and
rehabilitate property; and,
WHEREAS, on July 8, 2023 the Governor of the State of Texas.proclaimed that
the exceptional.drought conditions pose an imminent disaster to Jefferson County; and,
WHEREAS, the City of Beaumont's Drought Contingency Plan was initiated on
August 14, 2023;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
Section 1.
That in accordance with Section 418.108 of the Texas Disaster Act of 1975,
Government Code of.Texas, and Section of the City Code of Ordinances, the City
Council finds and declares a state of disaster and emergency exists in the City of
Beaumont as a
result of the drought.
Section 2.
That any emergency proclamations, orders, regulations, or.curFews.issued by the Mayor
as Director of Emergency Management are hereby confirmed and ratified.
Section 3.
The Mayor as Director of Emergency Management is hereby authorized to provide,
or cause to be provided, all arrangements, provisions and means he deems necessary
and proper to effect coordination of relief and aid programs, and property restoration
and
rehabilitation programs, for the protection, preservation and improvement of life and
property-within the City during the state of emergency.
Section 4.�
That the State of Disaster proclaimed for the City of Beaumont by the Mayor on
September 8, 2023 shall continue until terminated by an act of the City Council.
Section 5.
This declaration of local disaster activates the recovery and rehabilitation aspects
of all applicable local emergency management plans and authorizes the furnishing of
aid .
and assistance under the declaration. The preparedness and response aspects of the
City of Beaumont' s Emergency Management Plan are hereby activated as provided in
the plan.
Section 6.
This ordinance shall be given prompt and general publicity and shall be filed promptly
with the City Clerk.
Section 7.
There is hereby prescribed, as authorized by Section 418.173 of the Texas Disaster
Act of 1975; a punishment of a fine not to exceed $1,000.00 or confinement in jail for a
term not to exceed 180 days for the offense of failure to comply with a rule, order, or
ordinance adopted under the Beaumont Emergency Management Plan.
Section 8.
If for any reason any section, paragraph, phrase, word or provision of this ordinance
shall be held invalid or unconstitutional by final judgment of a court of competent
jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite invent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be given
full force and effect for its purpose.
Section 9.
The necessity to immediately reduce to writing the fact that a state of disaster and
emergency exists in the City as a result of the drought and to ratify and affirm the
emergency regulations, orders and actions heretofore issued by the Mayor and/ or the
City Manager creates a public emergency and an imperati,ve public necessity requiring
the suspension of the Charter rule that every ordinance imposing a penalty, fine,
imprisonment or forfeiture for violation of its provisions be published within ten (10) days
after passage thereof for three (3) successive days, and the Mayor or Council members,
properly convened, having declared that such emergency and necessity exists, having
requested that such Charter rule be suspended and that this ordinance as an
emergency measure be passed finally on the date of its introduction and take effect and
be in full force and effect from and after its passage, IT IS ACCORDINGLY ORDANIED
on this 12th day of September, 2023.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
September, 2023.
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