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HomeMy WebLinkAboutORD 08-080 - EXTENDING AND RENEWING EMERGENCY POWERS ORDINANCE NO. 08-080 DECLARING AN EMERGENCY; EXTENDING AND RENEWING THE AUTHORITIES, RULES, REGULATIONS AND ALL OTHER PROVISIONS OF THE EMERGENCY POWERS ORDINANCE 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 Ike, arising from its impact upon the property and inhabitants of the City of Beaumont on the 13th day of September, 2008, created widespread and severe damage, injury,and potential 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.08-078 dated September 11,2008;and WHEREAS,the Governor of the State of Texas and the President of the United States have designated the City of Beaumont a disaster ama; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. That in aecordanoe 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 impact of Hurricane Ike. SecbOn 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 the hours of 8:00 p.m.to 6:00 a.m. in the City of Beaumont. Daily emergency passes may be issued by the Mayor or her 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 she 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 8, 2008 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 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 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 Management 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 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 10. The necessity to immediately reduce to writing the fact that a stabs of disaster and emergency exists in the City as a result of Hurricane Ike 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 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 ORDAINED on this 16th day of September, 2008. LAN lot If I Mayor B ky mes AV w i i