The URL can be used to link to this page

Home My WebLink AboutPACKET SEP 16 2008 SPECIAL EMERGENCY MEETING SPECIAL EMERGENCY MEETING EMERGENCY OPERATION CENTER, 700 ORLEANS TUESDAY, SEPTEMBER 16, 2008 10:00 AM AGENDA CALL TO ORDER * Roll Call REPORTS * Reports from Mayor and City Manager EMERGENCY BUSINESS 1. Consider approval of declaration of emergency; extending and renewing the authorities, rules, regulations until the state of disaster is terminated. 2. Consider approval of removing the operations of the competitive bidding requirements. COMMENTS * Councilmembers/City Manager comment on emergency procedures Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 409-880-3716 an hour prior to the meeting. I certify that a copy of the September 16, 2008 emergency agenda of items to be considered by the City Council in Beaumont,Texas, was posted on the outside of City Hall and the Emergency Operations Center on the 25`h day of September, 2008 at 10:00 p.m. Tyrone E. Cooper City Attorney ORDINANCE NO. 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 pobermal 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. 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 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, 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. Section 2 That any emergency proclamations,orders,regulations,or curfews rued by the Mayor as Director of Emergency Management are hereby confinned 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 too 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 Ifie 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 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 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 ben (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. Mayor Becky Ames i, ORDINANCE NO. DECLARING AN EMERGENCY; REMOVING THE OPERATION OF THE COMPETITIVE BIDDING REQUIREMENTS OF THE APPLICABLE COMPETITIVE BIDDING PROVISIONS OF THE CITY CHARTER AND CODE OF ORDINANCE PURSUANT TO SECTION 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE WITH RESPECT TO CONTRACTS FOR PROCUREMENTS MADE BECAUSE OF THE PUBLIC CALAMITY RESULTING FROM HURRICANE IKE, FOR A PERIOD OF AT LEAST 90 DAYS FROM AND AFTER SEPTEMBER 11, 2008. WHEREAS, the City of Beaumont has declared a state of disaster and emergency in accordance with Section 418.108 of the Texas Disaster Act of 1975, Local Government Code of Texas; 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 the Operation of the competitive bidding requirements of the applicable competitive bidding provisions of the City Charter and Code of Ordinances with respect to contracts for the removal of brush and debris and other procurements made by reason the public calamity resulting from Hurricane Ike, is hereby removed for a period of 90 days from and after September 11, 2008, unless the state of disaster is terminated earlier, provided, however, that; insofar as practicable, bids, quotations, or estimates of material, labor and other costs for purchases, goods, works and the like described will be diligently solicited and procured prior to entering into contract therefore, and such contract, JY if awarded, will be made to the lowest, best, or expedient bid, quotation, or estimate received. The determination of the lowest, best, or expedient bid is within the sole discretion of the City Manager, or his designee, and his decision is final. Section 2. Pursuant to Section 5150 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, in the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference will be given, to the extent feasible and practicable, to those organizations, firms and individuals residing or doing business primarily in the area affected by such major disaster or emergency. Section 3. The necessity to remove the operation of the competitive requirements for the period of time as outlined above 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, having declared such an emergency and necessity exist, having requested the suspension of the Charter rule that this ordinance 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 SO ORDAINED, this the 16th day of September, 2008. Mayor Becky Ames