HomeMy WebLinkAboutPO 6879: EXTENDING THE DISASTER DECLARATION P. O. No. 6879
06/26/2020 vrt
updated
ORDINANCE NO.
AN ORDINANCE EXTENDING THE DECLARATION OF
DISASTER PURSUANT TO §418.108(b) OF THE TEXAS
GOVERNMENT CODE
WHEREAS, on the 24th day of March, 2020, the Mayor of the City of Port Arthur
determined that extraordinary measures must be taken to alleviate the suffering of
people exposed to and those infected with COVID-19, as well as those that could
potentially be infected or impacted by COVID-19, and to prevent or minimized the loss
of life, signed a Declaration of Disaster for the City of Port Arthur, Texas; 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 (7) 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 Nos. 20-29, 20-37, 20-41, 20-43, 20-44, 20-
46, 20-48, 20-49, 20-51, 20-53, 20-54, 20-56, and 20-59 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 (7) days beyond the expiration of the original declaration; and,
WHEREAS, the City Council now deems it in the best interest of the citizens of
Port Arthur to extend the Declaration of Disaster for an additional seven (7) days
pursuant to §418.108(b) of the Texas Government Code.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
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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 COVID-19.
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 affect 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
extended for a period of seven (7) days beyond the expiration of the extended
declaration (Ordinance No. 20-59).
Section 6. That the extension of this Declaration of Disaster will further amend
and extend the City's Stay Home Work Safe Order (5th Amended Compliance Order)
with all terms in conformity with Governor Greg Abbot's Executive Orders GA-21, GA-
23, GA-26, GA-28 and Jefferson County Judge Jeff R. Branick's Ninth Amended Order
issued on June 23, 2020 and Tenth Amended Order Dated June 29, 2020 regarding
Health and Safety Policy and Face Coverings as part of reopening Texas.
Section 7. That this declaration of local disaster activates the recovery and
rehabilitation aspects of all applicable local or interjurisdictional emergency
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management plans and authorizes the furnishing of aid and assistance under the
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declaration. All aspects of the City of Port Arthur Emergency Management Plan not
already activated are hereby activated as provided in the plan.
Section 8. 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 9. 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 10. 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 11. That all ordinances or parts thereof in conflict herewith are
repealed to the extent of such conflict only.
Section 12. That this Ordinance is effective immediately.
Section 13. That a copy of the caption of this Ordinance be spread upon the
READ, ADOPTED AND APPROVED on this 30th day of June A.D., 2020, at a
Special Meeting of the City Council of the City of Port Arthur, by the following vote:
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AYES: Mayor:
Councilmembers:
NOES:
Thurman "Bill" Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia Tizeno, City Attorney Ronald Burton, City Manager
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