HomeMy WebLinkAbout024161 ORD - 08/22/2000
AN ORDINANCE
AMENDING THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES
BY REVISING CHAPTER 15, EMERGENCY MANAGEMENT,
REGARDING POWERS, DUTIES AND RESPONSIBILITIES OF THE
OFFICE OF EMERGENCY MANAGEMENT; PROVIDING FOR THE
DECLARATION OF A LOCAL STATE OF DISASTER, AND OTHER
EMERGENCY ORDERS; PROVIDING FOR MAYORAL DESIGNATION
OF CERTAIN EMERGENCY MANAGEMENT OFFICIALS; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
WHEREAS, under the Texas Disaster Act of 1975 ("Act"). Chapter 418 of the Texas
Government Code, the Governor is expressly authorized to issue executive orders,
proclamations, and regulations having the force and effect of law; and
WHEREAS, Executive Order GWB 95-1 a expressly designated the Mayor of each
municipal corporation as the Emergency Management Director for the political
subdivision, to serve as the Governor's designated agent in administration and
supervision of the Act, and to exercise the powers, on an appropriate local scale,
granted the Governor therein; and
WHEREAS, Section 7.2, Responsibilities of the Chief Executives, in Volume 37, Texas
Administrative Code, designates the Mayor of each municipal corporation as the
emergency management director for the Mayor's jurisdiction, and allows the Mayor to
delegate authority, but not responsibility, to a subordinate emergency management
coordinator, who will serve as the Mayor's chief of staff; and
WHEREAS, under Article II, Section 6 (c), City Charter of Corpus Christi. the Mayor is
authorized to exercise such other powers, prerogatives, and authority as conferred on
him or her by State law;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Chapter 15 of the Code of Ordinances is revised to read as follows:
"Chapter 15
"Emergency Management
"ARTICLE I -DISASTER RESPONSE
"SEC.15-1. Designation and duties of the Emergency Management Director,
Deputy Emergency Management Director, and Emergency Management
Coordinator.
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"(a) As presiding officer of the governing body of the City, directly charged with certain
duties or granted certain powers by the Texas Disaster Act of 1975 ("Act"), and as
ordered by the Governor of Texas under authority of the Act, the Mayor is designated as
the Emergency Management Director for the City of Corpus Christi.
"(b) The line of succession to the Mayor, as presiding officer, for the purpose of
declaring a local state of disaster shall be as follows:
"(1) In the absence of the Mayor, the Mayor Pro Tem shall act as the presiding
officer.
"(2) In the absence of the Mayor Pro Tem, a City Council member shall act as the
presiding officer if elected by the other members of the City Council in
accordance with the City Charter.
"(3) In the absence of a City Council member elected to act as presiding officer,
the City Manager shall act as the presiding officer.
"(4) In the absence of the City Manager, an employee previously designated by
the City Manager may act as the presiding officer.
"(c) The City Manager is designated as the Deputy Emergency Management Director,
and the Mayor delegates to the City Manager the authority needed to carry out the
City's comprehensive emergency management program and the provisions of this
chapter.
"(d) The City Manager is responsible for a program of comprehensive emergency
management within the City,
"(e) The City Manager is encouraged to seek advice from other local governments,
business, labor, industry, agriculture, civic organizations, volunteer organizations, and
community leaders in the development and review of the emergency management
program, under the Act. The Mayor may establish an advisory group for that purpose.
"(f) The Mayor and City Manager shall certify the City's emergency management plan
and any mutual aid plans and agreements. as required by applicable Federal and State
laws.
"(g) The City Manager supervises the Office of Emergency Management, either directly
or by delegation.
"(h) The position of Emergency Management Coordinator shall be established in the
City's Compensation and Classification ordinance. The Emergency Management
Coordinator appointed by the City Manager shall, under the direction of the City
Manager, carry out the City's comprehensive emergency management program and the
provisions of this chapter.
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"(i) The City Manager shall ensure that any official or employee with emergency
management responsibilities obtains any training and certifications required by Federal
or State authorities required to perform the specific responsibilities assigned.
"SEC. 15-2. Powers and duties of the Office of Emergency Management.
"The Office of Emergency Management:
"(1) Develops and maintains an emergency management plan for the City,
consistent with Section 418.106 of the Texas Government Code. The plan
should establish the disaster services organization; describe functions of the
various organizational components, describe procedures to be followed, and
assign responsibility to various divisions, officials, and employees in order to
carry out the provisions of this chapter and any requirements in Federal or State
laws.
"(2) Maintains necessary liaison and coordinate cooperative activities with other
municipal, county, district, regional, State, Federal and other civil defense and
disaster relief organizations.
"(3) Drafts and recommends for adoption by the City Council 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.
"(4) Surveys the availability of existing and potential personnel, equipment,
supplies, services, and facilities for use during an emergency, and procures and
disposes of all necessary equipment, supplies, and facilities, including
acceptance of private contributions and assistance.
"(5) Continuously studies emergency management and disaster relief problems,
recommends any needed amendments and improvement of the emergency
management plan, and keeps current with all Federal and State regulatory and
informational requirements.
"(6) Implements the current emergency management plan and mutual aid plans
and agreements.
"(7) Controls and directs all actual operations and training activities in emergency
management and disaster relief.
"(8) Determines questions of authority and responsibility in connection with
emergency management and disaster relief.
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"(9) Negotiates and authorizes agreements, subject to the approval of the City
Council, when required, for the use of public and private property for public
refuge, shelter, or other necessary purposes during the course of an emergency.
"(10) Acts as a clearinghouse on emergency management information for all
governmental and private agencies cooperating in the emergency management
plan.
"(11) Maintains 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.
"(12) Marshals, upon the declaration of a disaster, 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.
"SEC. 15-3. Declaration of disaster.
"(a) When the City Manager believes a state of disaster exists, the City Manager shall
inform the Mayor and request the Mayor to declare a local state of disaster under the
provisions of the Act.
"(b) A disaster is an 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, other water contamination,
hazardous material release, volcanic activity, epidemic, air contamination, blight,
drought, infestation, explosion, riot, terrorist activity, civil disturbance, hostile military or
paramilitary action, other public calamity requiring emergency action, or energy
emergency.
"(c) In no event may a local state of disaster, declared by the Mayor, be continued or
renewed for a period in excess of seven days without the consent of the City Council.
"(d) The City Council may terminate a local state of disaster at anytime.
"(e) An action declaring, continuing, or terminating a local state of disaster shall be
given prompt and general publicity and shall be filed promptly with the City Secretary.
"(f) A declaration of local state of disaster activates the recovery and rehabilitation
aspects of the City's emergency management plan and authorizes furnishing of aid and
assistance under the declaration. The preparedness and response aspects of the plan
are activated as provided in the plan.
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"SEC. 15-4. Authority to issue orders in the interest of public safety and welfare.
"(a) After the declaration of a local state of disaster, the Presiding Officer may in the
interest of public health, safety, and welfare, subject to confirmation or revocation by the
City Council, issue proclamations, orders. or regulations, which shall have the force and
effect of law, to:
"(1) Evacuate all or part of the population of an area of the City that has been
stricken or is threatened. if necessary for the preservation of life or other disaster
mitigation, response, or recovery effort.
"(2) Prescribe routes, modes of transportation, and destinations in connection
with an evacuation.
"(3) Control ingress and egress to and from a disaster area and any areas that
may be adversely effected by riot, unlawful assembly, threat of violence, or an
imminent natural or man-made disaster, and may control the movement of
persons and the occupancy of premises in those areas.
"(4) Suspend or limit the sale, dispensing, or transportation of alcoholic
beverages, firearms, explosives, or combustibles, including fuel for vehicles.
"(5) Establish general or limited curfews and blockades, regulating or prohibiting
any person from being. remaining, loitering, or congregating on any street, alley,
park, public property, or any other place that may be specified.
"(6) Suspend or limit the use of utilities.
"(7) Implement other security measures necessary to protect life and secure
property.
"(8) Protect life and property by such means as are imminently necessary and
authorized under law.
"(9) Suspend or modify the formal bidding requirements for purchase of goods
and services, as authorized by State law.
"(10) Suspend or modify the requirements for an itinerant vendor's permit,
electrician license, 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 evidencing qualifications for professional, mechanical. or
other skills, so that the person may render aid involving the skill to meet the
emergency or disaster.
"(11) Establish temporary emergency housing, for persons needing shelter,
notwithstanding any limitations in the zoning ordinance, or deed restrictions,
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"(12) Establish temporary wage, price, and rent controls and other economic
stabilization methods.
"(13) Implement all or portions of the City's Emergency Management Plan.
"(b) The Mayor may delegate the authority to issue additional implementing orders,
which are necessary to carry out the Mayor's orders and to protect the public health and
welfare, to the City Manager or another official designated by the City Manager.
"(c) The City Council may continue, renew, enact. or terminate any of the measures
enumerated in subsection (b) of this section.
"SEC. 15-5. Price Gouging Prohibited.
"(a) For the purposes of this section:
"(1) 'Necessity' means fuel; food; medicine; construction materials, including
plywood, boards, shingles, and fasteners; tarps; tents; ice; water; batteries;
generators; housing; and other property necessary for members of the public to
prepare for, survive, or recover from a disaster.
"(2) 'Disaster' means a disaster specified in a declaration of disaster issued by
the Governor, Mayor, or City Council.
"(3) 'Exorbitant or excessive price' means a price for any item charged during a
period when a declaration of disaster is in effect that is in excess of the price for
the same item that was in effect prior to the declaration of disaster, or in the case
of a hurricane the price in effect 72 hours before the landfall of the storm.
"(b) A person commits an offense, if the person intentionally, knowingly, or recklessly
with criminal negligence, in order to take advantage of a disaster:
"(1) Sells or leases a necessity at an exorbitant or excessive price,
"(2) Demands an exorbitant or excessive price in connection with the sale or
lease of a necessity.
"(c) A person commits a separate offense for each item sold or leased in violation of
subsection (b) of this section. Each item or group of items, which is listed or identified
separately on a cash register tape or receipt, is considered to be a separate sale or
lease, Multiple items that are sold in a sealed package is considered to be a single
item.
"(d) It is a defense to prosecution that the higher price is related to increased costs from
suppliers, increased transportation costs for items brought into the City after the
declaration of disaster, or other verifiable conditions.
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"(e) Before an arrest or issuance of a citation under this section, the peace officer shall
provide the apparent violator an opportunity to explain a justification for the price
increase other than taking advantage of the disaster.
"SECS. 15-6 -15-10. Reserved
"SEC. 15-11. Inclusion within City's Emergency Management Plan.
"This article is incorporated into and is made part of the City's Emergency Management
Plan.
"SEC. 15-12. Consistency with State and Federal laws.
"This article should not be construed so as to conflict with any State or Federal laws.
"SEC. 15-13. Offenses and penalties.
"(a) No person may:
"(1) Violate the terms of this or any other ordinance adopted to carry out the
City's emergency management functions or order issued under the authority of
this chapter.
"(2) Violate any provision of the City's emergency management plan.
"(3) Willfully obstruct, hinder, or delay any member of the City's emergency
management organization in the enforcement of any order issued under the
authority of this chapter.
"(4) Operate a siren or other device so as to simulate a warning signal or
terminate an official warning signal, unless authorized.
"(5) Wear, carry, or display any emblem, insignia, or any other means of
identification that identifies the individual as a member of the City of Corpus
Christi's emergency management organization, unless the individual has been
designated as a member of the organization by the Office of Emergency
Management.
"(6) Wear, carry, or display any emblem, insignia, or any other means of
identification that identifies the individual as a member of an organization
participating in the official response to the local state of disaster, unless the
individual has been designated as a member of that organization by an
appropriate official of that organization.
"(b) Any person knowingly violating a provision of this chapter or any order issued under
the authority of this chapter relating to fire safety, public health, or sanitation after being
warned that a specific act or omission would be a violation is guilty of a misdemeanor
and upon conviction may be fined up to $2,000 per violation.
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"(c) Any person knowingly violating a provision of the City's emergency management
plan after being warned that a specific act or omission would be a violation of the plan is
guilty of a misdemeanor and upon conviction may be fined of up to $1,000 and
imprisonment for up to 180 days per violation.
"(d) Any person violating any other provision of this chapter or any order issued under
the authority of this chapter is guilty of a misdemeanor and upon conviction may be
fined up to $500 per violation.
"(e) Any person violating Section 15-5 is guilty of a misdemeanor and upon conviction
may be fined not less than $200 but not more than $500 per violation.
"SECS. 15-14 -15-20. Reserved
"ARTICLE II - EMERGENCY RESPONSE
"Sec. 15-21. Standard of care for emergency action.
"(a) Every officer, agent, or employee of the City and every officer, agent, or employee
of an authorized provider of emergency services, including, but not limited to every unit
of government or subdivision thereof, while responding to emergency calls or reacting to
emergency situations, regardless of whether any declaration of local emergency or local
disaster has been declared or proclaimed by a unit of government or political
subdivision, is authorized to act or not to act in such a manner that the individual or
entity believes in oood faith at the time will be appropriate to reasonablv and effectively
deal with the emergency.
"(b) An action or inaction is "reasonable and effective" if it in any way contributes or
could be reasonably be thought to contribute to preserving any lives or property
regardless of the actual outcome.
"(c) This section shall prevail over every other ordinance of the City and, to the extent to
which the City has the authority to so authorize. over any other law establishing a
standard of care in conflict with this section.
"(d) Neither the City nor any of its employees, agents, or officers, nor other unit of
government or government subdivision nor its employees, agents, or officers may be
held liable for the failure to use ordinary care in such emergency.
"(e) It is the intent of the City Council, by passing this ordinance, to assure effective
action in emergency situations by those entrusted with the responsibility of saving lives
and property by protecting such governmental units from liability, and their employees,
agents, and officers from non-intentional tort liability to the fullest extent permitted by
statutory and constitutional law.
"(f) This section shall be liberally construed to carry out the intent of the City Council."
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"SEC. 15-22. Liability.
"This chapter is an exercise by the City of its governmental functions for the protection
of the public peace, health, and safety, and the City of Corpus Christi; any of its officers,
employees, agents, representatives; or any person, in good faith. carrying out,
complying with, or attempting to comply with any order, rule, or regulation promulgated
under this ordinance may not be held liable for any damage sustained to persons as the
result of such activity.
"SEC. 15-23. No Liability for Operation of Shelters.
"(a) Notwithstanding the fact that most public and privately owned buildings within the
City were not designed and constructed to withstand the forces of nature that may be
present in a hurricane or other severe weather condition and may not be any more
suitable than the homes of our residents, and because of the public's desires that public
shelters be made available to them, the City Manager may provide shelter in public and
privately owned buildings owned, leased, or otherwise made available to the City as
refuges of last resort for residents and visitors to the City in anticipation of or following
the land fall of a hurricane or the occurrence of severe weather within the City. The
operation of shelters is a governmental function for the protection of the public peace,
health, and safety, and the City of Corpus Christi; any of its officers, employees, agents,
representatives; or any person, in operating a shelter may not be held liable for any
death, injury, or damage from any cause sustained to persons who elected to use a
shelter operated by the City.
"(b) 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 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, together with successors in interest, if any, may not
be held 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 others.
"SEC. 15-24. No Liability for Operation of Vehicles Used to Evacuate Residents.
"(a) Because of the need to transport individuals who may not be able to make
independent arrangements to evacuate the City prior to the time a hurricane is predicted
to strike the City, the City Manager may arrange to use buses and other vehicles made
available to the City by the Regional Transportation Authority and school districts to
evacuate residents of the City from the City to prearranged shelters in communities
outside the threatened area. In arranging for transportation the City Manager shall give
priority to the elderly. infirmed, and individuals without vehicles capable of making the
trip. The evacuation of residents, including the return of the residents from shelters
outside the City, is consider to be an emergency governmental function for the
protection of the public peace, health, and safety, and the City of Corpus Christi; any of
its officers, employees, agents, representatives; or any person, in operating a vehicle
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may not be held liable for any death, injury, or damage from any cause sustained to
persons who elected to be evacuated in a vehicle operated by or for the City.
"(b) Any public entity owning, operating, or controlling any vehicle used to evacuate
residents from the City, who voluntarily and without compensation, grants to the City of
Corpus Christi the use of its vehicle for this purpose may not be held civilly liable for the
death of or injury to any person or property damage resulting from the operation of the
yehicle while transporting individuals to and from the City as part of an evacuation
program organized by the City Manager. Any officer, employee, agent, and
representative of a public entity who is involved in the evacuation effort on behalf of the
entity and the City may not be held civilly liable for the death or injury to any person or
damage to any property as the result of the operation of a vehicle during an evacuation
program.
"SEC. 15-25. Designation of certain authorized emergency vehicles.
"The following vehicles are designated authorized emergency vehicles for the purposes
set forth, regardless of whether a disaster exists:
"(1) Director of Public Health vehicle while responding to a medical emergency.
"(2) Gas division emergency unit vehicles while responding to a gas emergency,
which may threaten life or property.
"(3) Director of safety and risk management vehicle while responding to an
emergency call or emergency situation.
"(4) Superintendent of the marina vehicle, marina division patrol vehicles and
crafts while responding to an emergency call or emergency situation.
"(5) Office of Emergency Management vehicle while responding to an emergency
call or emergency situation.
"(6) Buses and other yehicles owned and operated by the City, Regional
Transportation Authority. school districts, and other public entities while being
used in an emergency evacuation program directed by the City Manager,
including while returning residents to the City from shelters."
SECTION 2. By his signature on this ordinance, under the authority of the Act,
Executive Order GWB 95-1a, and 37 Texas Administrative Code S7.2, the Mayor
appoints the City Manager as the Deputy Emergency Management Director and the city
employee currently holding the position of Assistant Emergency Management
Coordinator as the Emergency Management Coordinator, and delegates the authority
necessary to carry out their duties. These appointments and delegation authority vest
in the positions of City Manager and Emergency Management Coordinator, not the
individual currently holding the positions, and shall remain effective until specifically
withdrawn by the City's Mayor.
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SECTION 3. A violation of this ordinance shall be punished as specified in Section 1 of
this ordinance.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, 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 be given full force and effect for its purpose.
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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That the foregoing ordin~ was rea for he first time and passed to its second
reading on this the 'J. d yof , 2000, by the following vote:
-4tff:-
Dr. Arnold Gonzales ~
That ~f,Q~gOing ortta~ad for the second time and passed finally on this
the I ~'aY of L / . 2000 by the following vote:
Samuel L. Neal, Jr. :lL Rex A. Kinnison
Dr. Arnold Gonzales 11.
lleu
PASSED AND APPROVED, this the k day of
A~
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Javier D. Colmenero
Melody Cooper
Henry Garrett
~<
~~
APPROVED: 6th day of June, 2000:
James R. Bray, Jr.
:~~ Att~ /!?
R. ay eining
First Assistant City Attorney
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Rex A. Kinnison
Betty Jean Longoria
John Longoria
~
~
Mark Scott
Betty Jean Longoria
John Longoria
Mark Scott
av.~ ,2000.
?5-d~ ~ ~
Samuel L. Neal, Jr.
Mayor, The City of Corpus
C?4lfH
PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
}
}
ss:
CITY OF CORPUS CHRISTI
Ad # 3557559
PO #
Before me, the undersigned, a Notary Public, this day personally came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manager of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg,
Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that
the publication of, NOTICE OF PASSAGE OF ORDINANCE NO, which the
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 28TH day(s) of
ntf'rf) ^ 10 ~ 0 ;J,Ji t ~ I
,A us! 28, 2000
"""',,
IoIOTICll OF PASSAGe
TWO (2) :'1~ANCl' NO.
Amending the City of
'Corp... ChfioII, cooo of
oro-.- by reviling
~pter 15. Emergency
, Marlagement,. regarding
"'67 54 'power., dUties. and
p. r..ponsibiliU.. ~f the
Office of Emergency
Management;proVtding
for tho declarotlon of .
",\ toeal State of disaster,
and other emergency
orders; providing' for
MeyOI8I designatIOn of
certain' em'ergency
management officials.
~-~ providing for penalties.
This ordinance was
passed and approved by
the City Cooncil .f the
City 01 Coi'p1Jll Christl on
, , August 22. 2000.
, 101 Annolldo ChIps
, , CIty -IY
en
t-r4
go
t'~
Customer Service Manager
Subscribed and sworn to me on the date of
AUGUST 29, 2000,
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.