2003-07-15
SPECIAL JULY TERM
HELD JULY 15, 2003
THE STATE OF TEXAS s
s
COUNTY OF CALHOUNg
BE IT REMEMBERED, that on this the 15th day of July, A.D., 2003 there was begun and
holden at the Courthouse in the City of Port Lavaca, said County and State, at 4:00 P.M.,
a Special Term of the Commissioners' Court, within said County and State, and there
were present on this date the following members of the Court, to-wit:
Michael J. Pfeifer
Michael J. Balajka
H. Floyd
Kenneth W. Finster
Alene Haynie
County Judge
Commissioner, Pct. 2
Commissioner, Pct. 3
Commissioner, Pct. 4
for County Clerk
and the following member absent:
Roger C. Galvan
Commissioner, Pct. I
PURPOSE OF MEETING:
Judge Pfeifer announced that this Emergency Commissioners' Court Meeting was being
held due to the extreme circumstances that have occurred in Calhoun County following
the July 15, 2003 landfall of Hurricane Claudette in Calhoun County.
DISASTER DECLARA nON AND EMERGENCY POWERS:
Judge Pfeifer read the Disaster Declaration declared by the Judge for Calhoun County
(copy attached). Commissioner Balajka made a motion, which was seconded by
Commissioner Finster, to approve the Disaster Declaration and all voted in favor. The
motion passed. ..
Judge Pfeifer read the Commissioners' Court Order regarding Emergency Powers.
Commissioner Floyd questioned the curfew Subsection in regard to shift workers. Sgt.
Garza explained the criteria and procedure they would be using in reference to stopping
vehicles. Following this explanation, Commissioner Floyd suggested adding Item 3
under Subsection B to read ''persons traveling to and from their place of employment."
Commissioner Floyd questioned the need for a curfew. Sgt. Garza and Sheriff Browning
explained the benefits of having the curfew at this time in reference to stopping vehicles
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and preventing looting, etc. and the authority to do so under the curfew. Following this
explanation, Judge Pfeifer lIIllde a motion, which was seconded by Commissioner
Balajka, to approve the Commissionexs' Court Order regarding Emergency Powexs, with
the noted addition in Subsection B (3), and all voted in favor. The motion passed.
(copy attached)
EMERGENCY POWERS
COMMISSIONERS' COURT ORDER
WHEREAS, by proclamation issued July 15, 2003, the County Judge declared a state of
disaster for Calhoun County resulting from damaging effects from Hurricane Claudette
and
WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant
to the Executive Order of the Governor Relating to Emergency Management; now, therefore,
the following regulations shall take effect immediately upon issuance, and shall remain in effect
until the state of disaster is terminated:
1. CURFEW
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(a) A person shall not remain or travel upon any public or private property in the
following area(s) between the hours of 8:00 p.m. and 5:30 a.m.:
all areas within the county lines of Calhoun County
(b) Subsection (a) shall not apply to:
(1) a person authorized by the Emergency Management Director to assist in
the production oftlie health, safety, or welfare of the public; or
(2) a person who remains or travels upon private property which is owned by
him or upon which the person has been invited.
(3) persons traveling to and from their place of employment
2. MOVEMENT OF PEOPLE AND OCCUPANCY OF PREMISES
(a) A person shall not remain or travel upon any public or private property in the
following area(s):
all areas within the county lines of Calhoun County
(b) Subsection (a) shall not apply to a person authorized by local government
officials to assist in the protection of the health, safety, or welfare of the public.
3. UTILITIES
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All utility services shall be discontinued in the following area( s):
NONE
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4. FLAMMABLE PRODUCTS
(a) A person shall not sell or give away gasoline or other flammable or combustible
products in the following area(s):
NONE
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(b) All gasoline stations shall be closed in the following area(s):
NONE
5. EXPLOSIVES
(a) A person shall not sell, barter, loan, or give away arms, ammunition, dynamite,
or other explosives in the following area( s):
NONE
(b) All establishments where arms, ammunition, dynamite, or other explosives are
sold shall be closed in the following area( s):
NONE
6. ALCOHOLIC BEVERAGES
(a) A person shall not sell or distribute beer, wine, liquor, or alcoholic beverages of
any kind In the following area(s):
NONE
(b) Subsection (a) shall not apply to the sale of medicine which contains alcohol.
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7. PRICE CONTROLS
A person shall not seil any of the following goods or services for more than the price
the person charged for the goods or services prior to 15 July, 2003:
(a) groceries, beverages, toilet articles, ice;
(b) construction and building materials and supplies, and earthmoving equipment
and machinery;
(c) electrical and gas generating and transmission equipment, parts and
accessories;
(d) charcoal briquettes, matches, candles, lamp illumination and heat 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;
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U) restaurant, cafeteria, and boarding-house meals;
(k) services of roofing and building contractors, plumbers, electricians, mechanics,
tree surgeons, and automobile wrecker companies;
(I) medicine, pharmaceutical, and medical equipment and supplies;
(m) blankets, quilts, bedspreads, bed linens, mattresses, bedsprings, bedsteads,
towels, and toilet paper; and
(n) fumiture and clothing.
8. SUSPENSION AND MODIFICATION OF ORDINANCES
(a) The following ordinances and regulations are hereby suspended or modified as
indicated:
NONE
(b) The suspension or modifications of the ordinances and regulations listed in
Subsection (a) shall remain in effect until 15 September 2003, or until the state
of disaster is terminated, whichever is sooner.
9. PENALTIES
(a) These regulations shall have the effect of ordinances when duly filed with the
County Clerk.
(b) A person who violates any provision of these regulations, upon conviction, is
punishable by a fine of not more than five hundred dollars ($500.00).
10. EMERGENCY
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This order shall take effect immediately from and after its passage and publication,
and it is accordingly so ordained.
PASSED AND ADOPTED, this 15'" day of Julv 15. 2003
APPROVED, this 15th day of July, 2003.
~!:! jJ 'f/~
(absent)
Commissioner Precinct #1
~~,,~.o 6-.o~~ ~_
Commis . ner Precinct #2
Commissioner Precinct #4
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DISASTER DECLARATION
WHEREAS, the County of Calhoun, Texas on the 15th day of July. 2003, has suffered
widespread or severe damage, injury, or loss of life or property (or there is imminent threat of
same) resulting from Hurricane Claudette, and '
'WHEREAS, the County Judge of Calhoun County, Texas has determined that extraordinary a
measures must be taken to alleviate the suffering of people and to protect or rehabilitate ..
property,
NOW, THEREFORE, BE IT PROCLAIMED BY THE COUNTY JUDGE OF CALHOUN
COUNTY, TEXAS:
1. That a local state of disaster is hereby declared for Calhoun County pursuant to
9418.108(a) of the Texas Government Code.
2. Pursuant to 9418.018(b) of the 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 Commissioners Court of Calhoun County, Texas.
3. Pursuant to 9418.018(c) of the Government Code, this declaration of a local state
of disaster shall be given prompt and general publicity and shall be filed promptly with the
County Cleric
4. Pursuant to 9418.018(d) of the Government Code, this declaration of a local
state of disaster activates the Calhoun County emergency management plan.
5. That this proclamation shall take effect immediately from and after its issuance.
ORDERED this the 15th day of
July 2003 .
Jl:ltt~/ f(). 'i#
ichael J. Pfeifer y
Calhoun County Judge
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HURRICANE DAMAGES DISCUSSED:
Commissioner Floyd reviewed damage in the Olivia/Port Alto area. Commissioner
Finster reviewed damage in the Port O'Connor and Seadrift areas and told the Court
about the surge tide, roofs having been bloWn off and the damage to mobile homes in the
area. Commissioner Balajka reviewed damages at the Recycling Center, Airport Hangar,
Precinct Barn. two mobile homes destroyed, and also to,ld the Court about the rescue of
seven people at the house on Maxwell Ditch Road. The Court discussed the Magnolia
Beach area, and other beach areas, which were also hit hard by Hurricane Claudette.
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Judge Pfeifer introduced Mr. Rosendo Garcia of the State Catastrophic Overhead Team,
Texas Engineering Extension Service of the Texas A&M University System, to the
Court. Mr. Garcia explained to the Court what he would be doing for Calhoun County
and reviewed the plans for additional personnel and teams coming into the County. The
Court discussed the additional Highway Patrol Teams which would be on patrol in the
County and the National Guard Troops, which would be aiding in the County's recovery.
The Court discussed brush and debris removal, clearing roads, staging areas for collection
of limbs and debris, the use oflarge trucks for hauling and the need for safety and caution
regarding power lines tangled in the debris. Sheriff Browning announced that he was
told AEP would be sending in 16 crews and that they were on their way from the Valley
at this time. They will set up their staging area at Sandcrab StadiUDl and must assess '
damages before they turn the power back on in any area. Power may not be back on in
some areas for 48 hours or more.
The Commissioners' discussed the clean-up procedures for the County, as well as the
correct suggestions to make to County residents regarding their personal property clean-
up. Documenting the damage prior to clean-up by taking pictures was suggested by
Commissioner Balajka and he further suggested that making repairs to prevent further
losses to damage property would be the correct course of action for those to have had
wind damage caused by the Hurricane.
The Court noted that their next regular Commissioners'Court meeting would be held
Thursday, July I 7,,2003.
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The Judge announced that Jackson-Roosevelt Elementary School would be opening at
6;00 p.m. as an Emergency Shelter. ,
The Commissioners' discussed fuel for operating equipment, due to the lack of electrical
power for the fuel pUDlpS. Commissioner Balajka announced that fuel would be available
at Precinct No. I, and Commissioner Finster also added that fuel would be available in
Seadrift. These pumps will be or already are gravity fed; thus not relying on electrical
power.
Commissioner Finster discussed the fact that out-of-county residents would be coming
into the County to check on their homes, particularly in the Port O'Connor area.
Commissioner Finster said he thought that the Poco Bueno Fishing Townament had been
postponed. Chief Deputy Mark Daigle announced that extra patrols would be in place
throughout the County for the protection and safety of all Calhoun County residents.
THE COURT ADJOURNED AT 4:58 P.M.
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