HomeMy WebLinkAboutORD 05-075 ORDINANCE NO. U5 -C)-TS
DECLARING AN EMERGENCY; EXTENDING AND
RENEWING THE AUTHORITIES, RULES, REGULATIONS
AND ALL OTHER PROVISIONS OF ORDINANCE NO. 05-074
UNTIL THE STATE OF DISASTER IS TERMINATED;
PROVIDING NOTICE; PROVIDING A PENALTY; PROVIDING
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the finding of City Council of the City of Beaumont that the ravages
of Hurricane Rita, arising from its impact upon the property and inhabitants of the City of
Beaumont on the 24th day of September, 2005, created widespread and severe damage,
injury, and loss of life and property which now requires extraordinary measures to alleviate
the suffering of people and to protect and rehabilitate property; and
WHEREAS, the City of Beaumont's Emergency Management Plan has previously
been activated by Ordinance No. 05-074 dated September 21, 2005; and
WHEREAS, the Governor of the State of Texas and the President of the United
States have designated the City of Beaumont a disaster area;
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, Local
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 impact of Hurricane Rita.
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.
A curfew is hereby established between Dusk to Dawn in the City of Beaumont.
Daily emergency passes may be issued by the Mayor or his designee for passage in the
public streets during curfew hours to persons on public business or for good cause.
Section 4.
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 5.
That the State of Disaster proclaimed for the City of Beaumont by the Mayor on
September 21, 2005 shall continue until terminated by an act of the City Council.
Section 6.
This declaration of local disaster activates the recovery and rehabilitation aspects
of all applicable local or inter jurisdictional emergency management plans and authorized
the furnishing of aid and assistance under the declaration. The preparedness and
response aspects of the City of Beaumont's Emergency Preparedness Plan are hereby
activated as provided in the plan.
Section 7.
This ordinance shall be given prompt and general publicity and shall be filed
promptly with the City Clerk.
Section 8.
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 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 Preparedness Plan.
Section 9.
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 intent 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 10.
The necessity to immediately reduce to writing the fact that a state of disaster and
emergency exists in the City as a result of Hurricane Rita 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 imperative 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 four(4) Council members, 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 ORDAINED Its y of September, 2005.
Mayor Guy N. Goodson