ORDINANCE NO. 019550 AN EMERGENCY ORDINANCE EXTENDING EMERGENCY ORDINANCE NO. 019333 AUTHORIZING THE CITY MANAGER TO ASSIGN PERSONNEL AND RESOURCES TO ASSIST IN ADDRESSING THE HUMANITARIAN AND PUBLIC SAFETY CRISIS RESULTING FROM A MASS MIGRATION THROUGH EL PASO
WHEREAS, on May 23, 2022, the Mayor and City Council of the City of El Paso (the “City”) passed an Emergency Ordinance No. 019333 “Authorizing the City Manager to Assign Personnel and Resources to Assist in Addressing the Humanitarian and Public Safety Crisis Resulting from a Mass Migration through the City of El Paso”; and
WHEREAS, thousands of migrants from Latin America gathered at or near the U.S.- Mexico border in hopes that President Biden would ease immigration restrictions that will make it easier to enter the United States; and
WHEREAS, the Biden administration ended the COVID-19 public health emergency on May 11, 2023 ending all use of Title 42 as a mechanism to control the border; and
WHEREAS, on the eve of the expiration of Title 42, there were an estimated 152,000 migrants in northern Mexico with approximately 60,000 in the State of Chihuahua, and 35,000 in Ciudad Juarez according to U.S. federal statistical records; and
WHEREAS, the Southwest had 181,059 land border encounters in the month of August, 2023; and
WHEREAS, the El Paso sector of U.S. Customs and Border Patrol (“CBP”) had 25,236 land border encounters in the month of August, 2023 and a total of 389,330 encounters for federal fiscal year 2023; and
WHEREAS, when the CBP Central Processing Center is over capacity and the non-governmental organizations (NGOs) space is unavailable, that is when the potential for street releases arises; and
WHEREAS, CBP has released many migrants onto downtown streets leaving many migrants without shelter; and
WHEREAS, in the month of October 2023, approximately 6,000 migrants have been released into the community weekly; and
WHEREAS, in response to the street releases, the El Paso City-County Office of Emergency Management (“OEM”) reallocated twenty-nine COVID-19 Operations staff to assist as migrant shelter surge staff, and on May 17, 2022, this staff began orientation training at Casa del Refugiado, the NGO’s largest hospitality site; and
WHEREAS, OEM has created a job specification, for general disaster operations to include humanitarian relief duties to hire and assign staff to assist with NGO capacity; and
WHEREAS, beginning in late August 2022, the El Paso sector experienced a surge of over 2,000 migrants presenting themselves daily to CBP, primarily made up of unsponsored single adults from Venezuela, resulting in over 1,000 street releases by CBP; and
WHEREAS, in the Fall of 2022, the City expended significant resources to create and staff a Welcome Center to assist with transportation assistance, providing long-distance charter services and over 39,000 meals to over 19,300 migrants through October 20, 2022; and
WHEREAS, due to this high volume, the number of refugees and asylum seekers released to the NGO and the City’s Migrant Welcome Center, was over 1,000 on a daily basis; and
WHEREAS, on September 7, 2022, the City and OEM stood up a migrant Welcome Center to assist with transportation assistance providing services and meals to over 19,300 migrants through October 20, 2022, and
WHEREAS, the release of mass groups of people without access to potable water, food, or shelter exposes the migrants and El Paso residents to the origination and spread of potential and actual disease; and
WHEREAS, in response to the number of migrants arriving at the border, on January 5, 2023, the Department of Homeland Security created a humanitarian parole program for migrants from Cuba, Haiti, and Nicaragua similar to the program already available to Venezuelans; and
WHEREAS, on January 8, 2023, President Biden visited the border to assess the situation in part because the number of migrants has gained the attention of the media and national leadership; and
WHEREAS, there are significant public safety and security concerns related to the wave of migration, including but not limited to the risk to injury or loss of life with migrants in El Paso streets with little or no resources on days that reach hot or cold temperatures and the inherent risks that come with increased demand on local shelters; and
WHEREAS, on March 12, 2023, border officials barricaded and closed down the Paso del Norte bridge due to a breach of public safety involving hundreds of migrants present on the bridge due to rumors about the relaxation of immigration restrictions circulated on social media sites; and
WHEREAS, CBP has increased the number of family units released into the community causing wait times for transportation to final destinations to increase and other logistical challenges; and
WHEREAS, for these reasons, the City is faced with the imminent threat of widespread injury or loss of life resulting from a surge in transient migrants traveling to the region; and
WHEREAS, there is the potential for loss of property for both residents and migrants due to those who would take financial advantage of this wave of migrants; and
WHEREAS, the Director of Aviation has the authority, as granted by the El Paso City Council, to manage the day-to-day operation of the El Paso International Airport (“EPIA”) and to ensure that those operations are conducted in compliance with the rules and regulations regarding airports under Title 14 of the Code of Federal Regulations, Chapter 22 of the Texas Transportation Code, and Title 14 of the El Paso City Code, as well as federal, state, and local health and safety regulations to ensure the health, safety, and welfare of all occupants and travelers making use of EPIA facilities; and
WHEREAS, EPIA in recent past, became saturated with migrants awaiting air travel and could need to take measures to preserve the health and safety of its customers, employees and the public, as well as measures to secure its facilities as the demand for air travel increases exponentially; and
WHEREAS, the City of El Paso is home to 4 international ports of entry between Texas and Mexico; and
WHEREAS, based on mass migration events in the recent past, the City anticipates significant delays at the international ports-of-entry to include trade; and
WHEREAS, the encampment of large groups of migrants on City rights of way, parks and other City property has led to street closure and cessation of the streetcar service; and
WHEREAS, the City finds that the expenditure of public funds for staff to coordinate resources and supplies, serve as shelter surge staff and transport migrants released in the City of El Paso accomplishes a valid public purpose of protecting public infrastructure, and protecting the health, safety and welfare of the citizens of El Paso; and
WHEREAS, in order to protect the health of persons in the municipality, the City Council wishes to continue to assist the local NGO with surge staff, coordination of resources and supplies, and transportation in light of the continued high number of community releases; and
WHEREAS, OEM and the City have and will continue to prepare and evaluate the need for mass emergency sheltering thanks to the expiration of Title 42 and other regional migration surges that may impact the El Paso region; and
WHEREAS, the El Paso City Charter Section 3.10, allows for the adoption of one or more emergency ordinances to meet a public emergency affecting life, health, property, or the public peace; and
WHEREAS, Section 121.003 of the Texas Health & Safety Code states that a municipality may enforce any law that is reasonably necessary to protect public health; and
WHEREAS, Section 122.006 of the Texas Health & Safety Code provides home-rule municipalities express authority to adopt rules to protect the health of persons in the municipality, including quarantine rules to protect the residents against communicable disease; and
WHEREAS, this Ordinance shall remain in effect until otherwise terminated, re-enacted, superseded by a conflicting ordinance, El Paso Local Health Authority Ordinance, state or federal law, or repealed automatically as of the 31st day following the date on which it was adopted unless re-enacted pursuant to City Charter Section 3.10.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
PASSED AND ADOPTED, this 7th day of November, 2023.
THE CITY OF EL PASO, TEXAS
THE CITY OF EL PASO, TEXAS Oscar Leeser Mayor
ATTEST: Laura D. Prine City Clerk
APPROVED AS TO FORM: Karla M. Nieman City Attorney
APPROVED AS TO CONTENT: Mario M. D’Agostino Deputy City Manager Public Health & Safety
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ORDINANCE NO. 019551
AN EMERGENCY ORDINANCE EXTENDING EMERGENCY ORDINANCE NO. 019485 DUE TO A HUMANITARIAN, SECURITY, AND ECONOMIC CRISIS RESULTING FROM A MASS MIGRATION THROUGH EL PASO
WHEREAS, on May 8, 2023, the El Paso City Council passed Emergency Ordinance No. 019485 “Due to a Humanitarian, Security, and Economic Crisis Resulting from a Mass Migration through the City of El Paso (the “City”)”; and
WHEREAS, for federal fiscal year 2023, Southwest encounters were at 1,827,133 of which 1,277,321 were Title 42; and
WHEREAS, the El Paso sector of CBP had 25,236 land border encounters in the month of August, 2023; and
WHEREAS, thousands of migrants from Latin America gathered at or near the U.S.- Mexico border awaiting processing after Title 42, which is a COVID-19 era mechanism, ended along with the expiration of the Public Health Emergency for COVID-19; and
WHEREAS, prior to the expiration of Title 42, there were an estimated 152,000 migrants in northern Mexico with approximately 60,900 in the State of Chihuahua, and 35,000 in Ciudad Juarez according to U.S. federal statistical records; and
WHEREAS, DHS has created an immigration benefit through which migrants from certain nations can request asylum and be paroled into the country; and
WHEREAS, upon the migrants’ arrival into the United States, they are held by CBP who processes, sets for hearing and then releases migrants onto El Paso streets with little to no resources; and
WHEREAS, the number of migrants in need of shelter has exceeded the shelter space available through local, state, and federal partnerships; and
WHEREAS, the City lacks an extensive transportation infrastructure to facilitate the movement of migrants out of the region further increasing demand on shelters; and
WHEREAS, state and federal infrastructure and support is critical to support local efforts to effectively and safely care for mass groups of migrants entering the City; and
WHEREAS, U.S. Customs and Border Protection (CBP) surged its personnel and resources along the southern border to increase processing capacity to ensure a humane environment for those being processed; and
WHEREAS, the primary challenge for the non-governmental organizations (NGOs) assisting in the effort is that the NGOs do not have the volunteer base to sustain or increase current capacity at their current hospitality sites; and
WHEREAS, the Office of Emergency Management has created a job specification, for general disaster operations to include humanitarian relief duties to hire and assign staff to assist with migrant operations; and
WHEREAS, the number of migrants released into the community has been as high as 1,700 in a single day; and
WHEREAS, the volume of migrants at the border and released into the United States has gained the attention of international and national media; and
WHEREAS, there are significant public safety and security concerns related to the wave of migration, including but not limited to the risk to injury or loss of life with migrants in El Paso streets with little or no resources on days that reach extremely high or freezing low temperatures and the inherent risks that come with increased demand on local shelters; and
WHEREAS, donations to the migrants from the public are best received at the assisting NGOs and shelters in lieu of delivery to spaces where migrants gather; and
WHEREAS, additional shelter space is being prepared for the thousands of migrants released into the community; and
WHEREAS, camping in public spaces is prohibited under Section 48.05 of the Texas Penal Code; and
WHEREAS, the City is faced with the imminent threat of widespread injury or loss of life resulting from a surge in transient migrants traveling to the region; and
WHEREAS, there is potential for loss of property for both residents and migrants due to those who would take advantage of this wave of migrants; and
WHEREAS, in recent months, the El Paso International Airport became saturated with migrants awaiting air travel and shelter, and the City of El Paso may need to take measures to preserve the health and safety of its customers, employees and the public, as well as measures to secure, clean and comply with all related legal requirements regarding its facilities as the demand for air travel can increase exponentially; and
WHEREAS, the City of El Paso is home to 4 of the 28 international ports of entry between Texas and Mexico; and
WHEREAS, based on mass migration events in the recent past including protests and closures of the international bridges, the City has experienced several significant delays at the international ports-of-entry to include trade delays; and
WHEREAS, the City of El Paso has determined that extraordinary measures must be taken to protect all people in and coming through the City; and
WHEREAS, City Charter Section 3.10 allows for the City Council to adopt an emergency ordinance to meet a public emergency affecting life, health, property or the public peace; and
WHEREAS, pursuant to City Charter Section 3.10, every emergency ordinance shall stand repealed automatically as of the 31st day following the date on which it was adopted, but may be re-enacted to continue a Disaster Declaration; and
WHEREAS, the condition necessitating the declaration of a state of disaster continues to exist.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF EL PASO, TEXAS:
Notice is hereby given that, during a regular meeting of the City Council held on November 21, 2023, the Mayor has approved and the City Council has passed the following Ordinances:
ORDINANCE 019562 An Ordinance designating a certain area as a reinvestment zone for commercial/industrial tax abatement in the City of El Paso, Texas, to be known as City of El Paso Reinvestment Zone No. 1; establishing the boundaries thereof; and providing for an effective date.
ORDINANCE 019563 An Ordinance granting Special Permit No. PZST23-00010, to allow for a planned residential development on the property described as a portion of Lot 10 and 11, Block 4, Silverwood Subdivision and Tract 18A-1-A, Upper Valley Subdivision, 223 Silverwood Way, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.470 of the El Paso City Code. The penalty is as provided for in Chapter 20.24 of the El Paso City Code.
The proposed special permit meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan.
Subject Property: 223 Silverwood WayApplicant: Scott Lychwick, PZST23-00010
ORDINANCE 019564 An Ordinance granting Special Permit No. PZST23-00007, to allow for infill development with reductions to side and rear yard setbacks, a 72% parking reduction, and an 85% density increase on the property described as being the south 75 feet of Lots 1, 2 and 3, and the south 75 feet of the west 15 feet of Lot 4, Block 32, Franklin Heights Addition, 150 Brown Street, City of El Paso, El Paso County, Texas, pursuant to section 20.10.280 Infill Development of the El Paso City Code. The penalty is being as provided for in Chapter 20.24 of the El Paso City Code.
Subject Property: 150 Brown St.Applicant: Opportunity Center for the Homeless, PZST23-00007
ORDINANCE 019565 An Ordinance changing the zoning of the north 158 feet of Tract 187 and the north 158 feet of the east 90 feet of Tract 188, Sunrise Acres No. 1, 8687 Gateway South Boulevard, City of El Paso, El Paso County, Texas from R-4 (Residential) to C-2 (Commercial), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code.
The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan.
Subject Property: 8687 Gateway South BoulevardApplicant: Curtis Hammock, PZRZ23-00008
ORDINANCE 019566 An Ordinance changing the zoning of Tract 7B, and Tract 8, Block 52, Ysleta Grant, 9614 Socorro Road, City of El Paso, El Paso County, Texas from R-F (Ranch and Farm) and R-F/H (Ranch and Farm/Historic) to C-4 (Commercial) and C-4/H (Commercial/Historic), and imposing conditions. The penalty is as provided for in Chapter 20.24 of El Paso City Code.
Subject Property: 9614 Socorro RoadApplicant: Octavio Saavedra, PZRZ22-00003
ORDINANCE 019567 An Ordinance granting Special Permit No. PZST23-00002, to allow for infill development with reductions to lot depth, area, and setbacks standards on the property described as Lots 31 & 32, Block 130, East El Paso Addition, 1408 & 1410 N. Grama Street, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.280 Infill Development of the El Paso City Code. The penalty being as provided in Chapter 20.24 of the El Paso City Code.
Subject Property: 1408 & 1410 N. Grama StreetApplicant: Juan Martinez & Olga G. Martinez, PZST23-00002
ORDINANCE 019568 An Ordinance amending Title 20 (Zoning), Chapter 20.20 (Historic Landmark Preservation), Section 20.20.080 (Alterations and changes to landmarks and H-overlay properties) to delete section 20.20.080(A)(1). The penalty is as provided in Chapter 20.24 of the El Paso City Code.
ORDINANCE 019569 An Ordinance amending Title 5 (Business License and Permit Regulations) to create Chapter 5.19 (Signage for Single-user Restrooms) and subsections thereunder in the El Paso City Code relating to signage for single-user restrooms; and creating a penalty.
ORDINANCE 019570 An Ordinance authorizing the City Manager to execute a quitclaim (tax resale) deed conveying all right, title and interest to Watermill Express, LLC, to the following and described parcel:
0.16 Acre, More or Less, Out of Tract 5-B, Block 40, Ysleta Grant, An Addition to The City of El Paso, Texas, Being More Particularly Described in Volume 312, Page 1066, Deed Records of El Paso County, Texas.
In accordance with Section 34.05 (h) of the Tax Code, Section 34.05 (h) permits the City to sell a property for the total amount of the judgment and the sale of the property does not require the consent of each taxing entity entitled to receive proceeds from the sale.
Laura D. Prine, City Clerk
Pursuant to Section 3.9A of the El Paso City Charter, the following Ordinances were properly introduced at a Regular Council Meeting on November 21, 2023:
PUBLIC HEARING WILL BE HELD ON DECEMBER 12, 2023 FOR ITEM 1
PUBLIC HEARING WILL BE HELD ON DECEMBER 4, 2023, FOR ITEM 2
PUBLIC HEARING WILL BE HELD ON DECEMBER 5, 2023, FOR ITEMS 3 TO 4