Ordinance No. 13,571ORDINANCE NO. 13,571
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, EXTENDING AND
RENEWING THE DECLARATION OF LOCAL DISASTER AS WELL AS ALL
ORDERS, RULES, AND REGULATIONS ISSUED PURSUANT THERETO,-
PROVIDING
HERETO;PROVIDING NOTICE; PROVIDING SEVERABILITY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, on the 270' day of August, 2017, the Mayor issued an order and proclamation
declaring a state of disaster for the City of Baytown, Texas, resulting from Hurricane Harvey, which
presented within the City of Baytown an imminent threat of widespread or severe damage, injury, or loss
of life or property and severe economic and social disruption due to flooding, high winds and tidal surges
and other public calamity resulting therefrom; and
WHEREAS, it is the finding of City Council that the ravages of Hurricane Harvey, arising from
its impact upon the property and inhabitants of the City of Baytown on August 26, 27, 28, and 29, 2017,
continue to exist, which require extraordinary measures to alleviate the suffering of people and to protect
and rehabilitate property; and
WHEREAS, §418.108(b) of the Texas Government Code provides that a local state of disaster
may not be continued for a period in excess of seven (7) days without the consent of the governing body
of the political subdivision; and
WHEREAS, the City Council desires to extend the declaration of local disaster for an additional
seven (7) days; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS;
Section 1: In accordance with Section 418.108 of the Texas Disaster Act of 1975, Local
Government Code of Texas, and Section 15-3 of the City Code of Ordinances, the City Council finds and
declares that a state of disaster and emergency continues to exist in the City of Baytown as a result of the
impact of Hurricane Harvey.
Section 2: That the state of disaster proclaimed for the City of Baytown by the Mayor on the
27fl' day of August, 2017, shall continue until terminated by ordinance of the City Council.
Section 3: That any emergency proclamations, orders, and regulations issued by the Mayor
are hereby confirmed, ratified and extended until otherwise revoked by the Mayor in writing.
Section 4: The Mayor as Director of Emergency Management is hereby authorized to
continue to provide, or to cause to be provided, all arrangements, provisions and means he deems
necessary and proper to effect 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: This ordinance shall be given prompt and general publicity and shall be filed
promptly with the City Clerk.
Section 6: If for any reason any section, paragraph, 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 7: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown /j
INTRODUCED, READ and PASSED by the affirmative vote of
Baytown this the 315` day of August, 2017.
S
pie0 SR•...
.,
APPROVED AS TO FORM:
I
ACIO RAMIREZ, SR., City1rney
.
Council of the City of
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IVA CITY OF BAYTOWN
BMTOWN DECLARATION OF LOCAL DISASTER
WHEREAS, Hurricane Harvey poses a threat of imminent disaster, including severe
flooding, storm surge and damaging winds in the City of Baytown, in the Counties of Harris and
Chambers, Texas; and
WHEREAS, the Mayor of Baytown has determined that extraordinary measures must be
taken to alleviate the suffering of people and to protect or rehabilitate property;
NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF BAYTOWN:
That a local state of disaster is hereby declared for Hurricane Harvey pursuant to
§418.108(a) of the Texas Government Code.
2. Pursuant to §418.108(b) of the Texas 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 Baytown.
3. Pursuant to §418.108(c) of the Texas 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 Clerk.
4. Pursuant to §418.108(d) of the Government Code, this declaration of a local state of
disaster activates the City Emergency Operations Plan.
5. That this proclamation shall take effect immediately from and pfteyeits issuance.
ORDERED this the V day of August, 2017.
DONCARLOS,
AN ORDER OF THE MAYOR OF THE CITY OF BAYTOWN, TEXAS,
ESTABLISHING CITY OF BAYTOWN'S EMERGENCY POWERS FOR THE
STATE OF DISASTER; PRESCRIBING A PENALTY OF FIVE HUNDRED AND
NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, by proclamation issued on the 27`h day of August, 2017, the Mayor declared a state
of disaster for the City of Baytown resulting from Hurricane Harvey; and
WHEREAS, said state of disaster requires that certain emergency measures be taken; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF BAYTOWN, TEXAS:
Section 1: The following regulations shall take effect immediately upon issuance, and shall
remain in effect until the state of disaster is terminated:
1. PRICE CONTROLS
A person shall not sell any of the following goods or services for more than the price the person
charged for the goods or services on August 27, 2017:
(a) groceries, beverages, toilet articles, ice;
(b) construction and building materials and supplies, and earthmoving equipment and
machinery;
(c) electric and gas generating/transmitting equipment, parts and accessories;
(d) charcoal briquettes, matches, candles, lamp illumination and heating unit carbides, dry
batteries, light bulbs, flashlights, and hand lanterns;
(e) hand tools (manual and power), hardware and household supplies, and equipment rental;
(f) automotive parts, supplies, and accessories;
(g) plumbing and electrical tools and supplies;
(h) apartment, duplex, multi -family dwelling, rooming house, hotel and motel rental;
(i) gasoline, diesel oil, motor oil, kerosene, grease, and automotive lubricants;
0) restaurant, cafeteria, and boarding-house meals;
(k) services of roofing and building contractors, plumbers, electricians, mechanics, tree
surgeons, and automobile wrecker companies;
(1) medicine, pharmaceutical, and medical equipment and supplies;
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(m) blankets, quilts, bedspreads, bed linens, mattresses, bedsprings, bedsteads, towels, and
toilet paper; and
(n) furniture and clothing.
SUSPENSION OF ORDINANCES
(a) The following subparagraphs of Chapter 2 "Administration," Article V "Finance,"
Division 1 "Generally," Section 2-595 "Fees for various city services," Subsection (2)
"Development Services" of the Code of Ordinances, Baytown, Texas, are hereby
suspended:
(1) Subsection (a) "Building permit: Commercial";
(2) Subsection (b) "Building permit: Residential";
(3) Subsection (c) "Demolition permit";
(4) Subsection (d) "Electrical permit: Residential";
(5) Subsection (e) "Electrical permit: Commercial, residential repairs or upgrades";
(6) Subsection (f) "Plumbing permit: Residential";
(7) Subsection (g) "Plumbing permit: Commercial, residential repairs or upgrades";
(8) Subsection (h) "Mechanical permit: Residential";
(9) Subsection (i) "Miscellaneous building permit"; and
(10) Subsection 0) Inspection and plan review (for building services only).
(b) The suspension of the ordinances listed in Subsection (a) shall remain in effect until
September 8, 2017, or until the state of disaster is terminated, whichever is sooner.
PENALTIES
A person who violates any provision of these regulations, upon conviction, is punishable by a fine
of not more than FIVE HUNDRED AND NO/100 DOLLARS ($500.00).
EMERGENCY
This order shall take effect immediately.
SIGNED this the 30`x' day of August, 2017.
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