HomeMy WebLinkAbout17221 ORD - 08/25/1982AN ORDINANCE
REPEALING CHAPTER 15, CORPUS CHRISTI CODE, AND ORDINANCE
NO. 6855 AND SUBSTITUTING THIS ORDINANCE; CREATING THE
OFFICE OF EMERGENCY MANAGEMENT AND ESTABLISHING ITS
POWERS, DUTIES AND RESPONSIBILITIES; PROVIDING FOR THE
DECLARATION OF A STATE OF DISASTER; AND ESTABLISHING
OTHER PROVISIONS RELATED TO EMERGENCY MANAGEMENT,
INCLUDING A PENALTY; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1A. Chapter 15, Corpus Christi Code, and Ordinance No.
6855 are repealed and this ordinance is substituted therefor:
SECTION 1. The Office of Emergency Management for the City of
Corpus Christi is created which shall be constituted in accordance with state
law as follows:
(a) As chief executive officer of the City, the City Manager is
designated as the Director of the Office of Emergency Management who may
delegate such duties and responsibilities as he deems necessary or advisable
but shall retain ultimate responsibility for execution of such duties and
responsibilities as the Office is hereinafter charged with fulfilling.
(b) The Director shall appoint a Coordinator of the Office of
Emergency Management who shall serve at the pleasure of the Director and
shall be charged with preparation of an emergency management plan' for the
City of Corpus Christi, operational supervision of the Office and such other
duties as may be authorized and prescribed by the Director.
SECTION 2. The powers and duties of the Office of Emergency
Management shall be the powers and duties of the City Manager as Director of
the Office and shall be exercised by the City Manager directly or by
delegation.
SECTION 3. The powers and duties of the Office of Emergency
Management shall be as follows:
(a) The development and maintenance in current form of an emergency
management plan for the City of Corpus Christi. Such plan shall set forth
the form of the disaster services organization; establish and designate
divisions and functions; assign tasks, duties, and powers; designate officers
and employees to carry out the provisions of this ordinance; and provide for
the following requirements of state law: isgp 2 8 1984
17221 MICROFILMED..
(1) wage, price and rent controls and other economic
stabilization methods in the event of disaster; and
(2) curfews, blockades, and limitations on utility usage in an
area affected by a disaster, rules governing ingress and
egress to the affected area, and other security measures.
(b) The maintenance of necessary liaison and coordination of
cooperative activities with other municipal, county, district, regional,
state, federal and other civil defense and disaster relief organizations.
(c) The drafting, execution and recommendation for adoption by the
City Council of any and all mutual aid plans and agreements deemed essential
or desirable for the implementation of the City's emergency management plan
and coordination of combined area disaster services efforts, including the
formation of a county or other joint disaster services council and emergency
management plan and the appointment of a disaster coordinator for such joint
effort.
(d) The surveying of the availability of existing and potential
personnel, equipment, supplies, services and facilities for use during an
emergency and the procurement and disposition of all necessary equipment,
supplies, and facilities, including acceptance of private contributions and
assistance.
(e) The continuing study of emergency management and disaster
relief problems for the purpose of amendment and improvement of the emergency
management plan and keeping current with all federal and state regulatory and
informational requirements.
(f) The control and direction of all actual operations and training
activities in emergency management and disaster relief.
(g) The determination of all questions of authority and
responsibility in connection with emergency management and disaster relief.
(h) The negotiation and authorization of agreements, subject to the
approval of the City Council when required, for the use of private property
for public shelter or other necessary purposes during the course of an
emergency.
(i) Acting as a clearing house on emergency management information
for all governmental and private agencies cooperating in the emergency
management plan.
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(j) The maintaining of contact with the Division of Emergency
Management of the Office of the Governor, providing prompt and efficient
response to all requests and suggestions of the Division and other agencies
and departments of federal, state, and county governments in connection with
emergency management and disaster relief.
(k) The marshalling, upon the declaration of an emergency as herein
provided, of all necessary personnel, equipment and supplies from any
department of the City and from private contributors to aid in implementation
of the emergency management plan.
SECTION 4. When in the judgment of the Director of the Office of
Emergency Management a state of disaster as herein defined is deemed to
exist, the City Manager shall make every reasonable effort to contact all
members of the City Council for an immediate emergency meeting to consider
the declaration of a state of disaster. In the event that such a called
immediate emergency meeting is impossible, the City Manager shall inform the
Mayor who as presiding officer of the City Council is hereby authorized to
declare a state of disaster which shall constitute a call for an emergency
meeting of the City Council to be held as soon as a quorum of the Council can
assemble in the City Council chambers or such other place as may be
designated by the Mayor. Such meeting shall continue in session, with
appropriate recesses, until the state of disaster is ended.
(a) A disaster is hereby defined to be:
The occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or man-made
cause, including fire, flood, earthquake, wind, storm, wave action, oil spill
or other water contamination, volcanic activity, epidemic, air contamination,
blight, drought, infestation, explosion, riot, hostile military or
paramilitary action, other public calamity requiring emergency action, or
energy emergency.
(b) Any such state or disaster proclaimed by the Mayor shall
continue in force until such time as the City Council shall have been able to
meet and consider the existing situation. The Council shall determine the
state of disaster and shall either ratify the declaration of the Mayor and
determine the extent of the disaster or declare the state of disaster to be
ended. In no event shall such a declaration by the Mayor continue or be
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renewed for a period in excess of seven days except by or with the consent of
the City Council.
SECTION 5. After the declaration of a state of disaster, the
Director of Emergency Management may in the interest of public safety and
welfare, subject to confirmation or revocation by the City Council, make
orders for any or all of the following:
(a) A general curfew prohibiting any person or persons not
officially authorized in connection with the civil emergency from walking,
running, loitering, standing, motoring or otherwise moving upon any alley,
street, highway, public property, or vacant premises within the corporate
limits of the City of Corpus Christi, applicable to such geographical areas
and during such hours of the day or night as is deemed necessary and
advisable.
(b) The discontinuance of the sale of all alcoholic beverages
and/or the closing of all establishments or portions thereof wherein the
consumption or sale of alcoholic beverages is permitted.
(c) The discontinuance of the selling, distributing or giving away
of gasoline or other liquid flammable or combustible products in any
container other than a gasoline tank properly affixed to a motor vehicle.
(d) The closing of gasoline stations and other establishments or
portions thereof, the chief or a major activity of which is the sale,
distribution or dispensing of liquid flammable or combustible products.
(e) The discontinuance of the selling, distributing, dispensing or
giving away of any firearms or ammunition of any character whatsoever.
(f) The closing of any or all establishments or portions thereof,
the chief or a major activity of which is the sale, distribution, dispensing
or giving away of firearms and/or ammunition.
(g) The protection of life and property by such means as are
imminently necessary and authorized under state law.
(h) The suspension or modification of the formal bidding
requirements for purchase of goods and services, as authorized by State law.
(i) The suspension or modification of the requirements for
itinerant vendorspermits, electrician licenses, and similar regulations so
as to give due consideration to the license, certificate, or other permit
issued to a person by any state or any political subdivision of any state
4
evidencing qualifications for professional, mechanical, or other skills, so
that the person may render aid involving the skill to meet the emergency or
disaster.
SECTION 6. Any unauthorized person who shall operate a siren or
other device so as to simulate a warning signal, or the termination of a
warning, shall be deemed guilty of a violation of this ordinance and shall be
subject to the penalties imposed by this ordinance.
SECTION 7. It shall be unlawful for any person willfully to
obstruct, hinder, or delay any member of the emergency management
organization in the enforcement of any rule or regulation issued pursuant to
this ordinance, or to do any act forbidden by any rule or regulation issued
pursuant to the authority contained in this ordinance. It shall likewise be
unlawful for any person to wear, carry or display any emblem, insignia or any
other means of identification as a member of the emergency management
organization of the City of Corpus Christi, unless authority so to do has
been granted to such person by the proper officials of the Office of
Emergency Management.
SECTION 8. Any declaration of emergency by the Mayor or order of
the City Manager or Director of Emergency Management issued pursuant to this
ordinance shall be filed as a public record in the office of the City
Secretary. At all times when the orders, rules and regulations made and
promulgated pursuant to this ordinance shall be in effect, they shall
supersede and override all existing ordinances, orders, rules, and
regulations insofar as the latter may be inconsistent therewith.
SECTION 9. This ordinance is an exercise by the City of its
governmental functions for the protection of the public peace, health, and
safety and neither the City of Corpus Christi, the agents and representatives
of said City or any individual, receiver, firm, partnership, corporation,
association, or trustee, or any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with, any order, rule or
regulation promulgated pursuant to the provisions of this ordinance shall be
liable for any damage sustained to persons as the result of said activity.
Any person owning or controlling real estate or other premises who
voluntarily and without compensation grants to the City of Corpus Christi a
license or privilege, or otherwise permits the City to inspect, designate and
5
use the whole or any part or parts of such real estate or premises for the
purpose of sheltering persons during an actual, impending or practice
emergency shall, together with his successors in interest, if any, not be
civilly liable for the death of, or injury to, any person on or about such
real estate or premises under such license, privilege or other permission or
for loss of, or damage to, the property of such person.
SECTION 10. This ordinance shall not be construed so as to
conflict with any state or federal statute or with any military or naval
order, rule, or regulation. If any portion of this ordinance shall, for any
reason, be declared invalid, such invalidity shall not affect the remaining
provisions hereof.
SECTION 11. Any person violating the provisions of this ordinance
or any order issued pursuant thereto shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not exceeding $200.
SECTION 12. This ordinance is adopted in lieu of and supersedes
Ordinance No. 6855, and all ordinances or parts of ordinances pertaining to
the subject of civil defense and disaster relief in conflict herewith are
hereby repealed.
SECTION 13. Publication shall be made in the official publication
of the City of Corpus Christi, one tine, which publication shall contain the
caption stating in substance the purpose of the ordinance and reciting that
the penalty for violation of the ordinance shall be a fine not exceeding
$200.
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That the foregoing ordinance wa;,yead for AO first time Apd passed to its
' second reading on this the 1/fit day of Air
_ 194'.2.1 , by the
following vote:
Luther Jones
Betty N. Turner'
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinancegs read for e second time and passed to its
third reading on this the day of , IAD , by the
following vote:
Luther Jones
Betty N. Turner
Jack K:--D-umphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance wa read for the tur4 time and passed finally
on this the c=„2_ day of 2l9L, by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the 4=4:C?-51day of
ATTEST:
y Secretary
APAHD:
DAY OF
MAYOR .
THE Y OF CORPUS CHRISTI, TEXAS.
, 19
17221
PUBLISHERS AFFIDAVIT #V 4.01012
CITY OF C.C. '
STATE OF TEXAS, }ss:
County of Nueces. )
naa)
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE 0. MARTINEZ
who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Tames,
Dolly Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE, .. .
of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES
on the(4.h day of__ .SEPIEMBER __ 19 82 and once civil da y _thereafter for Jan.e.. •
consecutive .day.
one Times.
t_ 25.20
LORRAINE C. MARTINEZ c tOle,
ACCOUNTING CLERK
Subscribed and sworn to before me this 22nd day of SEPTEMBER 1982
EUGENIA S. CORTEZ__
NotiryNueces County, Tex
;-•
PUBLISHER'S AFFT6AVIT
t STATE OF TEXAS, }ss:
County of Nueces. )
#V378995
CITY OF- C. C
lcRa
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE C. MARTINEZ
who being first duly sworn, according to law, says that he is the
ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Tunes,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE NO. 17221,...
of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES
on the.....3°thay AFGUAT in 82 and once each_dav . thereafter for one
consecutive. du
Times.
C— 31.50 LORRAINE
ACCOUNTING CLERK C. MARTINEZ 4001../14Letr,d2 P']A/tt,;zfr___
Subscribed and sworn to before me this ..... y of 5 El IEMBER 19...82
EUGENIA S. CORTEZ _
EIII
Noty Public, Nueces County,
- PASSAGE
ORDINANCE te . 17221
CORPUS CHRIS I
REPEALING 4CHART9
5, CORP81
NO. 6855 AND SU -
CODE, AND ORDINANCii
STITUTING THIS ORC,
NANCE; CREATING ThfEi
OFFICE OF EMERGENCy.
MANAGEMENT AND ES;
TABLISHING ITS POW.y
ERS, DUTIES AND RE,
SPONSIB
PROVIDING FOR 'THEI
DECLARAT,LON 0Far,
STATE OF 4.71SASTER;)
AND ESTABLISHING 0119r,
ER PROVISIONS RE -1
LATED TO EMERGENCY.,
mANAGEMENT, INCLUD-1
ING A PENALTY; ANp
PROVIDING FOR PUBLI-
CATION.
Was passed and approved hy
the City Council of the City
Corpus Christi, Texas on the
2513 day of August, 1982 The'
full text of said ordinance 11:1
available to the public in t ,
office of the City Secretary 4
Corpus Chris
-s-Bill G. Retperr)
City Secretary
a