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HomeMy WebLinkAboutPO 6650: EXTENDING THE DECLARATION OF DISASTER P. O. No. 6650 09/04/2017 amended gt ORDINANCE NO. AN ORDINANCE EXTENDING THE DECLARATION OF DISASTER AND EMERGENCY PURSUANT TO §418.108(b) OF THE TEXAS GOVERNMENT CODE WHEREAS, on the 24th day of August, 2017, the Mayor of the City of Port Arthur determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property and signed a Declaration of Disaster for the City of Port Arthur, Texas, attached hereto as Exhibit "A"; and, WHEREAS, pursuant to §418.108(b) of the Texas Government Code, a declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable; and, WHEREAS, pursuant to Ordinance 17-28, on August 29, 2017, the City Council deemed it in the best interest of the citizens of Port Arthur to extend the Declaration of Disaster for an additional seven days beyond the expiration of the original declaration; and, WHEREAS, City Council finds that the ravages of Hurricane Harvey, arising from its impact upon the property and inhabitants of the City of Port Arthur on August 30, 2017, created widespread and severe damage, injury, and loss of life and property that now requires extraordinary measures to alleviate the suffering of the people and to protect and rehabilitate property; and, WHEREAS, due to the lack of water, electricity, flooding and the other damages caused by Hurricane Harvey, the City Council deems it in the public interest to continue the State of Emergency and the State of Disaster; and, S.po6650 WHEREAS, the Governor of the State of Texas and the President of the United States have designated the City of Port Arthur a disaster area. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That in accordance with Section 418.108 of the Texas Disaster Act of 1975, and Article II, Section 26-32 of the Code of Ordinances, the City Council finds and declares a state of disaster and emergency in the City of Port Arthur as a result of the impact of Hurricane Harvey. Section 3. That any emergency proclamations, orders, regulations, curfews, issued by the Mayor, the Emergency Management Coordinator, if so designated by the Mayor, and hereby confirmed and ratified. Section 4. That the Mayor, as Director of Emergency Management, is hereby authorized to provide, or cause to be provided, all arrangements, provisions, and means necessary and proper to effect the 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 Emergency and State of Disaster is herein continued until the day of , 2017. Section 6. That this declaration of local disaster activates the recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. All aspects of the City of Port Arthur Emergency Management Plan not already activated are hereby activated as provided in the plan. s.po6650 Section 7. That the Mayor and the City Manager, in coordination with the Mayor, are herein authorized to sign such necessary documentation and to take such action as to alleviate the damages in the City, restore services to the citizens of the City of Port Arthur and to seek aid and assistance from any and all local, state, and federal agencies. Section 8. That the Emergency Management Plan is herein continued and pursuant to Section 418.173, a failure to comply with the Emergency Management Plan or with a rule, order or ordinance under this plan is an offense and is subject to a fine of up to $1000 or confinement in jail up to 180 days. Section 9. That it is declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. Section 10. That all ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only. Section 11. That this Ordinance is effective immediately. Section 12. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2017, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: s.po6650 Mayor: , Councilmembers: , NOES: . Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED A TO FORM: VVI Va cia Tizen i Attorn y 171° APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager s.po6650 Declaration of Disaster City of Port Arthur, Texas WHEREAS, the City of Port Arthur on the 24th of August, 2017 is facing the imminent threat of suffering widespread or severe damage, injury, or loss of life or property resulting from the Tropical Storm Harvey storm system; and, WHEREAS, the Mayor of the City of Port Arthur has determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property. NOW, THEREFORE, BE IT PROCLAMED BY THE MAYOR OF THE CITY OF PORT ARTHUR: 1. That a local state of disaster is hereby declared for the City of Port Arthur pursuant to §418.108(a) of the Texas Government Code. 2. Pursuant to §418.018(b) of the Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or renewed by the City Council of the City of Port Arthur. 3. Pursuant to §418.018(c) of the Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. Pursuant to §418.018(d) of the Government Code, this declaration of a local state of disaster activates the city emergency management plan, 5, That this proclamation shall take effect immediately from and after its issuance, ORDERED this the 24th day of August, 2017. Aid :.' Mayer Derr' F. Freeman City f '.rt .rthur