HomeMy WebLinkAbout026436 ORD - 09/07/2005
EXTENDING THE LOCAL STATE OF DISASTER DECLARED BY THE
MAYOR ON SEPTEMBER 2, 2005; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION;
AND DECLARING AN EMERGENCY.
WHEREAS, the Governor of the State of Texas on September 1, 2005, under the
authority of the Texas Disaster Act of 1975, proclaimed that Hurricane Katrina, a
disaster in sister states, has created an emergency disaster and emergency conditions
for the people of the State of Texas, and directed that all necessary measures, both
publiC and private as authorized under S418015, Texas Government Code, be
Implemented to meet the disaster:
WHEREAS, the City of Corpus Christi was asked by the Governor to shelter refugees
who have been rendered homeless by Hurricane Katrina and flooding of the City of New
Orleans:
WHEREAS, on September 2,2005, the Mayor issued a proclamation declaring a state
of disaster for the City of Corpus Christi resulting from the transfer of a large number of
persons displaced by Hurricane Katrina and the flooding in New Orleans to Corpus
Christi
WHEREAS, extraordinary measures are still needed to feed, house, and provide
medical and other essential support to those displaced by Hurricane Katrina and the
flooding in New Orleans:
WHEREAS, this public calamity continues to require continued emergency action;
WHEREAS, Section 16-3(c), Code of Ordinances, City of Corpus Christi, requires the
City Council to consent to the continuation of a local state of disaster declared by the
Mayor for a period in excess of seven (7) days;
WHEREAS, the City Council has have determined that extraordinary measures must be
continued to alleviate the suffering of people and to protect or rehabilitate property; and
WHEREAS, the conditions necessitating declaration of a state of disaster continue to
eXist and
WHEREAS, during the state of disaster the Mayor issued the following orders in the
Interest of public safety and welfare:
Curfew Order #1, dated September 3, 2005
Curfew Order #2, dated September 3, 2005
Curfew Order #3, dated September 3, 2005
Order Prohibiting Firearms within Mass Care Shelters, dated September 3, 2005
Order Authorizing a Shelter Manager or Police Chief to Reassign Refugees to
Different Shelters or to Exclude Individuals from a Shelter, dated September 4,
2005
Katnna-ordlocdecemerg doc
0264:36
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the state of disaster declared by the Mayor on September 2,2005, to
facilitate the care and sheltering of persons who have been rendered homeless by
HUrricane Katrina and flooding of the City of New Orleans that were transported to the
City of Corpus Christi shall continue until terminated by order of the City Council.
SECTION 2. That the following orders issued by the Mayor during the state of disaster
are adopted by the City Council, shall remain in effect, and shall continue have the force
and effect of law until the state of disaster is terminated:
a. Curfew Order #1 , dated September 3, 2005
b. Curfew Order #2, dated September 3, 2005
c. Curfew Order #3, dated September 3, 2005
d. Order Prohibiting Firearms within Mass Care Shelters, dated September 3,
2005
e. Order Authorizing a Shelter Manager or Police Chief to Reassign Refugees to
Different Shelters or to Exclude Individuals from a Shelter, dated September 4,
2005
SECTION 3. 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 hereof be given full force and effect for its purpose.
SECTION 4. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 16-13 of the City Code of
Ordinances.
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.
SECTION 6. That upon written request of the Mayor or five Council members, copy
attached the City Council (1) finds and declares an emergency due to the need for
Immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the "lth. day of September,
2005.
Katrina ~ord locdecemerg. d DC
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ATTE~
Arm~~ Chapa --- --
City Secretary
APPROVED: This th day of September, 2005
R~1~nQ
First Assistant City Attorney
For City Attorney
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4
Corpus Christi, Texas
,. .....~. =- day of September, 2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
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Brent Chesney
Melody Cooper
Jerry Garcia
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Bill Kelly
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Rex A Kinnison
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John Marez
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Jesse Noyola
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Mark Scott
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CURFEW ORDER #1
Under the authonty of Section 16-4(a)(3), (5) (7), (8) and (11), as Mayor and Presiding Officer of the City
Council I have determined that the following measures are needed in the interest of public health, safety
and welfare, and are necessary for the preservation of life and property In the areas near the mass care
shelters that have been set up to receive refugees from the areas divested by Hurricane Katrina,
Because of concern that these areas my be adversely effected by riot, unlawful assembly, threat of
violence. or looting, it is necessary to establish limited curfews, regulating or prohibiting any
person from being, remaining, loitering, or congregating on the following street, alley, park,
public property or places at the times specified
Between the hours of 1000 p.m. and 600 a.m the area enclosed by a line starting at the
seawall and south side of Coopers Alley, the west along Coopers Alley to the intersection with the
north bound detour on Shoreline Boulevard, the south along the east side of Shoreline Boulevard
to the intersection with Kinney Street. the west along south side of Kinney Street to the
Intersection with Water Street. then south along the east side of Water Street to the intersection
with 2nd Street. then south along the east Side of 2nd Street to the intersection with Buford Street,
then east along Buford Street to the intersection with Shoreline Boulevard, then north along the
closed portion of Shoreline Boulevard to the southern end of the seawall, then east to the
shoreline of Corpus Christl Bay then north along the Corpus Christi Bay shoreline to the jetty,
then west along the Jetty to the seawall then north along the seawall to the intersection with
Coopers Alley
No one is allowed within the descnbed area, except
Persons In vehicles tranSiting northbound on the Shoreline Boulevard detour, southbound on
Water Street. eastbound on 2nd eastbound or westbound on Coopers Alley,
City employees, volunteers working at or supporting the mass care shelters within the curfew
area. and refugees inside the facilities being used as mass care shelters.
Owners. tenants. and guests of occupants of businesses. offices, and residences with the
designated area
A violation of this order IS a violation of the City's emergency management plan, Under Section 16-13(c)
of the Code of Ordinances, anyone who remains within an area with a designated curfew during the
times speCified in this order and after being advised of this order may be fined of up to one thousand
oollars ($1 000.00) and impnsonment for up to one hundred eighty (180) days per violation
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DECLARED AND ORDERED this the ~_day of September" ~005
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ATTEST:
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Armando Chapa
City Secretary
APPROVED:
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l )M~ry K~y iischer
City Attorney
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CURFEW ORDER #2
Under the authority of Section 16-4(a)(3) (5), (7), (8), and (11), as Mayor and Presiding Officer
of the City Council, I have determined that the following measures are needed in the interest of
public health, safety and welfare, and are necessary for the preservation of life and property in
the areas near the mass care shelters that have been set up to receive refugees from the areas
divested by Hurricane Katrina, Because of concern that these areas my be adversely effected
by riot, unlawful assembly, threat of violence, or looting, it is necessary to establish
limited curfews, regulating or prohibiting any person from being, remaining, loitering, or
congregating on the following street, alley, park, public property, or places at the times
specified
Between the hours of 1000 pm and 6:00 a.m, Garza Gym and Park
No one is allowed within the deSCribed area except City employees, volunteers working at or
supporting the mass care shelters within the curfew area, and refugees inside the facilities being
used as mass care shelters
A Violation of this order is a violation of the City's emergency management plan, Under Section
16-13(c) of the Code of Ordinances, anyone who remains within an area with a designated
curfew during the times specified in thiS order and after being advised of this order may be fined
of up to one thousand dollars ($1,00000) and imprisonment for up to one hundred eighty (180)
days per Violation
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DECLARED AND ORDERED this the J
ATTEST;
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Armando Chapa
City Secretary
APPROVED:
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ff1AarY K~ F;~cher /
City Attorney
CURFEW ORDER #3
Under the authority of Section 16-4(a)(3), (5), (7), (8) and (11), as Mayor and Presiding Officer
of the City Council I have determined that the following measures are needed in the interest of
public health, safety and welfare, and are necessary for the preservation of life and property in
the areas near the mass care shelters that have been set up to receive refugees from the areas
divested by Hurricane Katnna, Because of concern that these areas my be adversely effected
by not. unlawful assembly, threat of violence, or looting, it is necessary to establish
limited curfews, regulating or prohibiting any person from being, remaining, loitering, or
congregating on the following street. alley, park. public property, or places at the times
specified
Between the hours of 1000 p.m and 600 am, Solomon Coles Special Emphasis
School.
No one IS allowed within the described area. except City employees, volunteers working at or
supporting the mass care shelters within the curfew area, and refugees inside the facilities being
used as mass care shelters
A violation of this order IS a violation of the City's emergency management plan. Under Section
16-13( c) of the Code of Ordinances, anyone who remains within an area with a designated
curfew during the times specified In this order and after being advised of this order may be fined
of up to one thousand dollars ($1,00000) and imprisonment for up to one hundred eighty (180)
days per violation.
DECLARED AND ORDERED this the
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day of SeptE(mber. 2005. ',~.
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He~ry Garrett!
Mayor
ATTEST:
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Armando Chapa
City Secretary
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APPROVED:
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.;41Q.1aryf(~y 'Fis~her
City Attorney
ORDER PROHIBITING FIREARMS WITHIN MASS CARE SHELTERS
Under the authority of Section 16-4(a)(3), (5), (7), (8), and (11), as Mayor and Presiding
Officer of the City Council, I have determined that the following measures are needed in
the Interest of public health, safety and welfare, and are necessary for the preservation
of life and property within and in the areas adjacent to the mass care shelters that have
been set up to receive refugees from the areas divested by Hurricane Katrina. Because
of concern that these areas my be adversely effected by riot, unlawful assembly, threat
of Violence, or looting, it IS necessary to prohibit the possession of firearms in a facility
designated as a mass care shelter This prohibition does not apply to licensed peace
offers or members of the armed forces
A violation of this order is a violation of the City's emergency management plan, Under
Section 16-13(c) of the Code of Ordinances, anyone who possesses a firearm in or
Within a facility designated as a mass care shelter after being advised of this order may
be fined of up to one thousand dollars ($1,00000) and imprisonment for up to one
hundred eighty (180) days per violation
DECLARED AND ORDERED this the
rtY
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day oJ geptember,/005
, . ~%V /~JJ(/LU!;t
Henry Garret
Mayor
ATTEST:
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APPROVED:
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,r1v1ar.YKaY Fischer'
City Attorney
Armando Chapa
City Secreta ry
ORDER AUTHORIZING A SHELTER MANAGER OR POLICE CHIEF
TO REASSIGN REFUGEES TO DIFFERENT SHELTERS
OR TO EXCLUDE INDIVIDUALS FROM A SHELTER
Under the authority of Section 16-4(a)(7), (8), and (11), as Mayor and Presiding Officer
of the City Council, I have determined that the following measures are needed in the
Interest of public health, safety and welfare, and are necessary for the preservation of
life and property within and in the areas adjacent to the mass care shelters that have
been set up to receive refugees from the areas divested by Hurricane Katrina,
The City Manager, a shelter manager, or police chief, and their designees, may
reassign refugees to different shelters
The City Manager, a shelter manager, or the police chief, and their designees, may
exclude any individual from a mass care shelter if the individual violates any rules
established for the operation of the shelter or if the individual poses a threat to other
refugees in the shelter, City staff, or volunteers providing assistance at the shelter,
A violation of this order is a violation of the City's emergency management plan, Under
Section 16-13(c) of the Code of Ordinances, anyone who possesses a firearm in or
within a facility designated as a mass care shelter after being advised of this order may
be fined of up to one thousand dollars ($1,00000) and imprisonment for up to one
hundred eighty (180) days per violation
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DECLARED AND ORDERED this the ~ day of Sep ember, 2q,05,
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ATTEST:
Armando Chapa
City Secretary
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APPROVI;D:
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ORDER AUTHORIZING A TEMPORARY INCREASE IN TAXI RATES
Under the authority of Section 16-4(a)(12), Code of Ordinances, as Mayor and
Presiding Officer of the City Council, I have determined that temporary price controls
and economic stabilization measures are necessary in the interest of public health,
safety, and welfare, In particular, the damage to the refineries, offshore oil production
facilities, and loss of power along the central Gulf Coast, has caused substantial
Increases in the costs of fuel, which has made it difficult for our local taxi cab companies
to provide essential transportation services to persons, who have been displaced from
their homes by Hurricane Katrina and the flooding in New Orleans, and the residents of
the City, who are dependent on taxi cabs for transportation,
The rate of fare for taxicabs within the city limits of the City of Corpus Christi for each
succeeding one-fifth (1/5) mile or fraction thereof is temporarily increased during the
current state of local disaster from thirty-five cents ($0.35) to thirty-eight cents ($0.38).
The authority to charge this temporary rate terminates when the state of local disaster is
terminated.
A violation of this order is a violation of the City's emergency management plan. Under
Section 16-13( c) of the Code of Ordinances, anyone who charges more than the fare
authorized by this order after being advised of this order may be fined of up to one
thousand dollars ($1,000.00) and imprisonment for up to one hundred eighty (180) days
per violation,
DECLARED AND ORDERED this the lit...
A~
Armando Chapa
City Secretary
PUBLISHER'S AFFIDAVIT
-';I<:'e of Texa"
('nun tv )f Nueces
ss:
CITY OF CORPUS CHRISTI
Ad #:;302190
PO #
FINM,CE. OEPAHH,EN1
05 SEP '4 AM 9: t 5
Beton' Jlle, tht' undersigned, a Notary Public, this day personally came Diana
HlpgjgS;:l, who bemg first duly sworn, according to law, says that she is
SENIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper
publishf'd at Corpus Christl m said City and State, generally circulated in
'I,ransas Bee, Brooks, Duval, Jim Hogg, ,JIm Wells, Karnes, Kenedy, Kleberg,
,~lVf' Oak, NueC(~s. Refugio, San Patricia, Victoria and Webb Counties, and that
'he publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the
mnexec is a true copv, was inserted in the Corpus Christi Caller-Times and on
,he World Wide Web on the Caller-Times Interactive on the 11TH day(s) of
SEfYfEMBER, 2005.
~72 3.}
bLQ/\/J_ ctj ~.5~
SENIOR COLLECTOR
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
SEfYfEMBER 12, 2005.
kL (-_{ __~~~'_(~C_-
Notary Public. Nued~ County, Texas
Michelle Cabrera
Print or Type Name of Notary Public
My commission expires on March 19,2008.
_.~?"~"~"-.:?Y i
MICHEllE::' '.:AJAERA
MY COMt,": eXPIRES
Marul : S. ?OOA
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18E . Sunday . SEl!,I~mber 11, 2005 . C ALL E R TIM E S
~:E OF PASSAGE~
F ORDINANCE NO",
6
Ordinance extending the
local State of Disaster
declared by the Mayor
on September 2, 2005:
and providing for
penalties. This
ordinance was passed
and approved by the
City Council of the City
of Corpus Christi' on
September 7, 2005.
Is! Annando Chapa
City Secretary