HomeMy WebLinkAboutOrdinance No. 2000-27 ORDIINANCE NO. 2000-27
AN ORDINANCE OF TI3E CITY OF FRIENDSWOOD, TEXAS,
PROVIDING FOR THE FREEZING OF PRICES CHARGED BY
VENDORS, MERCHANTS, AND OTHER PERSONS FOR
GOODS OR SERVICES, AND FOR THE SALE OR RENTAL OF
REAL OR PERSONAL PROPERTY WITHIN THE CITY
LIMITS OF THE CITY IN THE EVENT OF AN EMERGENCY
OR NATURAL DISASTER; PROVIDING A PENALTY OF AN
AMOUNT OF NOT LES5 THAN $2000.00 FOR VIOLATION OF
ANY PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY
WHEREA5, Citizens of the City of Friendswood have previously sustained
substantial damage and destruction to property as a result of floods, tropical storms,
and hurricanes and are likely to endure such natural disasters in the future; and
WHEREAS, indiscriminate vendors, merchants, and other persons selling or
renting, or offering for sale or rent, goods and services, retail and wholesale, to the
�eneral public have in the past increased the amount of consideration for such goods
and services beyond any reasonable price or rate after the occurrence of a natural
disaster; and
WHEREAS, such increased prices or rates are, or would be, unreasonable
and aimed at benefiting from a disaster striking the City; and
WHEREAS, in an emergency situation or during a natural disaster it may not
be practicable to convene a regular or special meeting of the City Council in order to
take legislative action on such an issue; and
WHEREAS, the City Council hereby finds and determines that a valid public
purpose exists requiring the enactment of an ordinance to authorize and implement
Price-gouging Ordinance
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price control measures in order to preserve and protect public health, safety, and
welfare during such periods of calamity cause by natural disasters; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are
hereby found to be true and correct.
Section 2. It shall be unlawful for any vendor, merchant, or other person selling or
offering for sale, whether retail or wholesale, goods or services at a rate or price in excess of
the rates or prices prevailing in the City of Friendswood, during the duration of a state of
emergency or subsequent recovery period in which Harris or Galveston County or the City of
Friendswood has been declared a disaster area.
Section 3. It shall be unlawful for any property owner, landlord, or other person to
lease any building or structure, or part thereof, intended for human habitation, at a rate, price,
or term in excess of those rates, prices, or terms which were in effect the week prior to any
natural disaster, flood, hurricane, or tropical storm, or declaration of emergency or disaster
area of Galveston or Harris County or the City of Friendswood.
Section 4. This section does not prevent the seller of consumer goods from charging
an amount in excess of the average retail price, if such higher price is the direct result of, and
limited to, any increased cost for the consumer goods fro the manufacturer, distributor, or
wholesaler to the seller. In such instances, only the actual cost increase per item from the
manufacturer, distributor, or wholesaler can be added to the average retail price.
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. .w.. � .
Section 5. Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$2,000. Each day of violation shall constitute a separate offense.
5ection 6. Repealer. All ordinances or parts of ordinances inconsistent or in
conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed.
Section 7. Severabilitv. In the event any clause phrase, provision, sentence, or part
of this Ordinance or the application of the same to any person or circumstances shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional; and the City Council of the City of
Friendswood, Texas, declares that it would have passed each and every part of the same
notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,
whether there be one or more parts.
PASSED AND APPROVED on first reading this �th day of Auaust , 2000.
PASSED, APPROVED, and ADOPTED on second and final reading this 21st day of
August , 2000.
Harold L. Whitaker
Mayor
AT T: �,
De oris McKenzie, T C
City Secretary
�SOTION: COUNCILMEMBER KIM BRIZENDINE
Price-gouging Ordinance 2ND: COUNCILP4EMBER KITTEN BRIZENDINE
g/21/�� AP P ROVE D: 6-0
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