HomeMy WebLinkAboutOrdinance - 10223-1999 - Rewlating To Emrgency Management Prohibiting Overcharging During State Emergency - 11/11/1999I
I I First Readi.D.g.
Nov. 11. 1999
Item No. 26
II
Second Reading
Dec:;; 9, 1999
Item No. ~S
ORDINANCE N0.__,1=0=22=3"-----
AN ORDINANCE OF THE CITY OF LUBBOCK RELATING TO
EMERGENCY MANAGEMENT, PROHIBITING OVERCHARGING DURING
A STATE OF EMERGENCY OR SUBSEQUENT RECOVERY PERIOD,
PROVIDING FOR DEFINITIONS, PROVIDING A PENALTY, PROVIDING
THAT PROVISIONS BE CUMULATIVE OF OTHER ORDINANCES,
PROVIDING FOR SEVERABILITY OF PROVISIONS, AND PROVIDING
FOR PUBLICATION.
WHEREAS Chapter 418 of the Texas Government Code relating to
emergency management, authorizes the municipality to prepare and keep current
an emergency management plan that includes provision for wage, price and rent
controls, and other economic stabilization methods in the event of a disaster; and
WHEREAS, Chapter 10 of the Code of Ordinances, City of Lubbock,
Texas, provides for municipal emergency management, including provision for
the adoption of reasonable rules, regulations, orders, or directives necessary for
the protection of life and property in the city; and
WHEREAS, the health, safety and welfare of the citizens of the City of
Lubbock depend on the availability and affordability of goods, materials, services,
and housing; and,
WHEREAS, the citizens of the City of Lubbock face the potential for
unilateral imposition of escalated, unconscionable, and exorbitant prices for said
goods, materials, services, and housing because of emergencies associated with
disasters; and,
WHEREAS, during certain periods of emergency resulting from natural or
manmade disaster, the citizens of the City of Lubbock are at risk from dramatic
and unjustified increases in the prices of said goods, materials, services and
housing; and,
WHEREAS, legislation is necessary to prohibit any person from raising
prices for goods, materials, services and housing to excessive, unconscionable or
unfair levels during a declared state of emergency or subsequent recovery period;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LUBBOCK:
SECTION 1. Overcharging Prohibited.
In order to preserve, protect, or sustain the life, health, or safety of persons
or their property, it shall be unlawful, during the duration of a state of emergency
or subsequent recovery period in which the City of Lubbock has been declared or
designated as a disaster area, for any person, firm, or corporation located in the
City of Lubbock to overcharge for any goods, materials, services, or housing sold
or rented within the corporate limits of the city.
SECTION 2. Definitions.
A. Overcharge. The term overcharge or overcharging is defined as
charging a price for goods, materials, services, or housing, which is substantially
in excess of the customary charges or in applicable cases substantially in excess
of the supplier's or provider's costs for such goods, materials, services or housing.
The existence of overcharging shall be presumed from a substantial increase in
the price at which the goods, materials, services, or housing was offered in the
usual course of business immediately prior to the onset of the emergency. The
presumption may be overcome by a showing that the increase in charge is directly
related to increases in costs to the supplier attributable to the higher costs of
) ;
materials, supplies, and labor costs resulting from the state of emergency or state
of disaster.
B. State of Emergency or State of Disaster. The term state of emergency
or state of disaster is defined as a condition declared by the governor of the State
of Texas or the Mayor of the City of Lubbock, pursuant to Chapter 418 of the
Texas Government Code, or Chapter 10 ofthe Code of Ordinances, City of
Lubbock, Texas, and includes any renewals or extensions of those declarations.
C. Subsequent Recovery Period. The term subsequent recovery period is
defined as that period during which the emergency or disaster continues to cause
substantial disruptions in the disaster area, but shall not exceed thirty (30) days
after the declaration of state of emergency or state of disaster has been terminated
by the Governor for the State of Texas or by the Mayor of the City of Lubbock.
SECTION 3. Penalty. A violation of any provision of this Ordinance
shall be deemed a misdemeanor punishable by a fine not to exceed two thousand
dollars ($2,000.00).
SECTION 4. Applicability of Other Laws. This Ordinance shall be
cumulative of all other ordinances ofthe City of Lubbock.
SECTION 5. Severability. Should any section, paragraph, sentence,
clause, phrase, or word of this Ordinance be declared unconstitutional or invalid
for any reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 6. Publication. The City Secretary is hereby authorized and
directed to cause publication ofthe descriptive caption of this ordinance as an
1 I
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alternative method of publication.
AND IT IS SO ORDERED
Passed by the City council on first reading on this 11th day of
November 1999 ------' .
Passed by the City Council on second reading on this 9th day of
_ _;D;:...:e=c=em=b;:..;:;e:..;:.r __ , 1999.
WINDY SITTON, MAYOR
ATTEST:
b~D~ Kat~, City Secretary tJt B.~
APPROVED AS TO CONTENT:
son, Emergency Management Coordinator
APPROVED AS TO FORM: