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HomeMy WebLinkAbout2020-04-06 Agenda with BackupCity Council City of Denton Meeting Agenda City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Work Session Room & Council Chambers3:00 PMMonday, April 6, 2020 EMERGENCY MEETING Pursuant to the provisions of Chapter 551, V.T.C.A., Government Code, notice is hereby given of an Emergency Special Meeting of the Mayor and City Council of the City of Denton, Texas to be held in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas on the 6th day of April, 2020 at 3:00 p.m. WORK SESSION BEGINS AT 3:00 P.M. IN THE WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE ITEM(S) FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK SESSION After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Monday, April 6, 2020, at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session and special called meeting via video/teleconference. REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Page 1 Printed on 4/20/2020 April 6, 2020City Council Meeting Agenda Due to COVID-19 precautions, members of the public will not be able to attend the Monday, April 6, City Council emergency meeting in-person. To accommodate and receive input on agenda items, citizens will be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item): • Virtual “White Card” – On the afternoon of Monday, April 6, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition, and submit a brief comment about a specific agenda item. Similar to when a citizen submits a physical white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments may be submitted up until the start of the meeting, which begins at 3:000 p.m. Online comments received after 3:00 p.m. will not be delivered to the City Council nor entered into the public record. OR • BY PHONE – Citizens wishing to speak to the Council on an agenda item over the phone, may call (940) 349-7800 up to 30 minutes prior to the meeting, which begins at 3:00 p.m. When the call is initially received, a staff member will receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak on their requested item, or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item, no matter the method. WORK SESSION 1. Work Session Reports Receive a report, hold a discussion, and give staff direction regarding an update on the City of Denton’s COVID-19 response. ID 20-811A. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Council Request for Information Attachments: NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. NOTE: Any item for which a formal action at the Emergency/Special Called Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Page 2 Printed on 4/20/2020 April 6, 2020City Council Meeting Agenda Following the completion of the Work Session, the City Council will convene in a Special Called/Emergency Meeting to consider the following item(s): 2. ITEMS FOR INDIVIDUAL CONSIDERATION Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, superseding and replacing the Order of Council of the City Of Denton issued March 20, 2020 approved by Ordinance 20-740; confirming and authorizing the expenditure of funds; providing a repealer clause; and providing an effective date. ID 20-812A. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Draft Ordinance and Order Exhibit 4 - March 13 Mayoral Declaration of Local Disaster Exhibit 5 - March 13 Order of the Mayor of the City of Denton Exhibit 6 - March 17 Ordinance & Order 20-721 Exhibit 7 - March 20 Ordinance 20-740 & Order Exhibit 8 - March 24 Second Mayoral Declaration of Local Disaster and Order Exhibit 9 - Governor Abbott Executive Order GA-14 Attachments: C E R T I F I C A T E I certify that the above notice of Emergency Meeting held under TOMA Section 551.045 was posted on the bulletin board at the City Hall of the City of Denton, Texas, as well as the City website and provided to the news media outlets on the 6th day of April, 2020 at ___________________ __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 3 Printed on 4/20/2020 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-811,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding an update on the City of Denton’s COVID-19 response. City of Denton Printed on 4/6/2020Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office CM/ DCM/ ACM: Todd Hileman DATE: April 6, 2020 SUBJECT Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s COVID-19 response. BACKGROUND Beginning in December 2019, a novel coronavirus, now designated SARS-CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization. Likewise, both the President of the United States and the Governor of Texas have declared states of emergency regarding the disease. Symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death. This work session report will provide an update on the City of Denton COVID-19 response. Prior reports and presentations were also presented to City Council on March 17, March 20, and March 31. OPTIONS N/A RECOMMENDATION N/A ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) March 31 – Council postponed item for consideration on Second Mayoral Declaration of Disaster and Order March 24 – Second Mayoral Declaration of Disaster and Order March 20 – Adoption of Ordinance 20-740 Amending Council Declaration of Local Disaster and Order March 17 – Adoption of Ordinance 20-720 Extending and Modifying Mayoral Declaration March 13 – Mayoral Declaration of Local Disaster and Order FISCAL INFORMATION N/A BID INFORMATION N/A City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Presentation Exhibit 3 – Council Request for Information Respectfully submitted: Sarah Kuechler Chief of Staff Prepared by: Ryan Adams Deputy Director of Public Affairs/IGR Work Session Update on COVID-19 Response April 6, 2020 1Monday, April 6, 2020 Background 2 •Local Disaster Declarations and Orders for Public Health Emergency •March 13, first Mayoral declaration and order •March 17, City Council extended with the term of the declaration through April 30, unless otherwise modified •March 20, City Council further amended •March 24, second Mayoral declaration and order to Stay At Home •March 31, Council postponed extending or amending order due to Governor’s statewide order •Staff provided updates on the City’s response to COVID-19 during work sessions on March 17, March 20, and March 31 •This work session will provide another information update on the City’s response •Extension or amendment to the second Mayoral declaration and order to Stay At Home will be discussed during the Individual Consideration item Monday, April 6, 2020 Overview of Updates 3Monday, April 6, 2020 •Federal CARES Act Overview and Assistance •Unemployment Benefits •Individual Economic Impact Payments •Business Assistance •United Way COVID-19 Relief Fund •City of Denton Disaster Expenditures Federal CARES Act and Assistance 4 Unemployment Benefits 5 •CARES Act made multiple changes to unemployment insurance benefits. •Pandemic Unemployment Assistance (PUA): temporary program through Dec. 31, 2020 to provide payment to those not traditionally eligible for unemployment benefits (self-employed, independent contractors, those with limited work history, etc.) •Emergency Increase in Unemployment Compensation Benefits: Additional $600 for recipients of unemployment insurance or PUA for up to 4 months •Pandemic Emergency Unemployment Compensation (PEUC): Provides additional 13 weeks of unemployment benefits through Dec. 31, 2020 for those who remain unemployed after state benefits are exhausted. Monday, April 6, 2020 Unemployment Benefits •Governor Abbott has waived “wait week” and job search requirements, but other state eligibility criteria may still be applicable. •There are many variables and individual circumstances that filers may have. •Filers should contact TWC for guidance or questions: •800-939-6631 6Monday, April 6, 2020 Unemployment Benefits: Examples 7 Estimated Weekly Unemployment Benefits Scenario A Scenario B Scenario C Scenario D Base Period Average Weekly Wages $250 $500 $750 $1,000 Estimated UI Weekly Benefit (Per TWC Calculator)$130 $260 $390 $520 Weekly Federal Pandemic Unemployment Compensation $600 $600 $600 $600 Estimated Total Weekly Benefits $730 $860 $990 $1,120 Notes: Weekly maximum unemployment benefit in Texas is $521 Note: This is only a simplified example of a calculation and does not take into account the numerous individual scenarios that could be applicable. All filers should contact TWC regarding their eligibility and to calculate their benefits. Monday, April 6, 2020 Unemployment Benefits 8Monday, April 6, 2020 •These include: •Hiring an additional 100 call center employees (with more hires expected) •Transferring 200 tax auditors to assist in taking calls •Extending call center hours to take calls on Saturdays, 8 a.m. to 5 p.m. •Launched a new virtual assistant to help answer questions •Streamlined processes to simplify filing and approvals (e.g. filers do not need to make a separate claim for the added/extended benefits approved in the CARES Act if they already have a claim in process or approved) •Working to update software and hardware of online filing system to accept more calls and claims •Encouraging claimants to access online system between 10 p.m. and 8 a.m. when volumes are lower •Introduced an area code call in system (see above) •To increase capacity, Texas Workforce Commission has made improvements Individual Economic Impact Payments 9 •$1,200 for individuals or $2,400 for individuals filing a joint return •$500 per qualifying child (dependents under 17) •Limitations based on AGI •$150,000 in the case of a joint return •$112,500 in the case of a head of household •$75,000 in the case of an individual filer •Payments are reduced $5 for every $100 in AGI above these amounts (no payments over $99,000/$198,000) Monday, April 6, 2020 Federal Student Loan Suspension 10Monday, April 6, 2020 •CARES Act provides broad relief for federal student loan borrowers •Federal student loan borrowers being placed in an administrative forbearance, which allows borrower to temporarily stop making monthly loan payment •This suspension of payments will last until Sept. 30, 2020 •For more info, visit studentaid.gov or call 1-800-4-FED-AID Business Assistance 11Monday, April 6, 2020 •Paycheck Protection Program •Economic Injury Disaster Loans & Grants •Small Business Debt Relief •Small Business Tax Assistance Paycheck Protection Program (PPP) 12 •CARES Act included $349 billion for PPP. •Eligibility: Any small business with less than 500 employees, including sole proprietorships, independent contractors, and self-employed persons, private non-profit organizations or 501(c)(19) veterans organizations. •Loan for the lesser of $10 million or 2.5 times average monthly payroll. •Loan payments deferred 6 months. •Maturity of 2 years; interest rate is 1%. Monday, April 6, 2020 Paycheck Protection Program (PPP) 13 •PPP can be used for: payroll costs, costs related to group health care benefits, mortgage interest payments, rent payments, utility payments, interest payments on other debt obligations incurred before 2/15/20, refinancing of SBA EIDL Loan. •75% of loan must be used for payroll costs. •Forgiveness is based on employer maintaining or quickly rehiring employees and maintaining salary levels. •Forgiveness will be reduced if full-time headcount declines or if salaries and wages decrease. •Further guidance regarding forgiveness is expected. Monday, April 6, 2020 Paycheck Protection Program: Example 14 •Company A qualifies for a PPP loan of $104,167. •If Company A keeps maintains payroll and FTEs, and spends no less than 75% of loan proceeds on payroll costs, the loan (principle and interest) may be forgivable. Company A Annual Payroll 500,000 Average Monthly Payroll 41,667 Maximum PPP Loan Amount 104,167 75% of Loan Amount 78,125 Monday, April 6, 2020 Note: This is only a simplified example of a calculation and does not take into account the numerous individual scenarios that could be applicable. Those wishing to use the PPP should contact an approved lender and discuss options. Business Resources 15Monday, April 6, 2020 •All federal, state, and local programs and resources for businesses at www.cityofdenton.com/covid19business •Businesses with questions about resources or available programs can call (940) 349-7776. Community Resources and COVID-19 Relief Fund 16 DENTON COUNTY ▪COVID-19 RELIEF FUND The COVID-19 Relief Fund (CRF)is made possible by contributions from municipalities,individuals,and United Way of Denton County. LAST UPDATED::4/2/2020 AT 5:00 P.M. 17HTTPS://WWW.UNITEDWAYDENTON.ORG/CRF-PARTNERS-ELIGIBILITY Denton Lewisville Other Total Funds Raised $50,000 $40,000 $14,689.91 $104,689.91 DENTON COUNTY ▪COVID-19 RELIEF FUND o Application for financial assistance from the CRF is for households at- risk of homelessness due to income or job loss related to COVID-19. o Applications must be submitted by an Agency on behalf of the household.Individuals do not directly apply. o Assistance available: ▪Rent/Mortgage ▪Utility ▪Temporary Hotel Stay (14 days for emergency shelter residents required to quarantine) ▪Extended Hotel Stay (30 days for households in Extended Stay hotel prior to COVID-19) 18HTTPS://WWW.UNITEDWAYDENTON.ORG/CRF-PARTNERS-ELIGIBILITY COVID-19 RELIEF FUND ▪ELIGIBILITY AND DOCUMENTATION o Verification of loss of income or job (REQUIRED for Rent/Mortgage or Utility Assistance) o Current financial statements (REQUIRED for Rent/Mortgage or Utility Assistance) –i.e. Copy of current bank statement and current account balance for every adult in the household, copy of 401k retirement statement for all adults in the household (if applicable) o Documentation of lease or mortgage requirements (REQUIRED for Rent/Mortgage Assistance) o Utility bill (REQUIRED for Utility Assistance) 19HTTPS://WWW.UNITEDWAYDENTON.ORG/CRF-PARTNERS-ELIGIBILITY COVID-19 RELIEF FUND ▪PROCESS OVERVIEW https://www.unitedwaydenton.org/crf-partners-eligibility o CRF Receiving Agency enrolls household in ‘COVID-19 Relief’ program in HMIS o CRF Receiving Agency submit application requests in TWO STEPS: ▪Step 1: Complete the online application for each household ▪Step 2: Emails eligibility documentation to UW. o UWDC reviews applications and approves or denies within 24 hours o CRF Receiving Agency pays landlord or agency directly. No payments are made to individuals o CRF Receiving Agency submits reimbursement request to UWDC o UWDC administers checks on the 15th and last of the month 20HTTPS://WWW.UNITEDWAYDENTON.ORG/CRF-PARTNERS-ELIGIBILITY COVID-19 RELIEF FUND 21HTTPS://WWW.UNITEDWAYDENTON.ORG/CRF-PARTNERS-ELIGIBILITY ▪IMPACT FUNDING CHART HOW HELP IS BEING DISTRUBUTED ▪AGENCY o UWDC has engaged interns to increase capacity for screening requests for the following agencies: Our Daily Bread. o Agencies that have accessed the fund for DENTON households: Interfaith Ministries, Our Daily Bread, Grace Like Rain, Denton County Friends of the Family o Agencies that have accessed the fund for LEWISVILLE households: Christian Community Action, Grace Like Rain o Agencies that have accessed the fund for OTHER DENTON COUNTY households: Christian Community Action, Grace Like Rain, Interfaith Ministries 22HTTPS://WWW.UNITEDWAYDENTON.ORG/CRF-PARTNERS-ELIGIBILITY ▪City of Denton FY19/20 contribution to UWDC Barriers Fund o As part of the City’s FY19/20 budget initiatives to strengthen the housing crisis response system, the City budgeted $40,000 to the UWDC Barriers Fund to prevent and divert individuals and families from homelessness o MOU approved was for a matching grant o Seeking Council direction to release the portion that has not been matched yet to UWDC without the match requirement ($25,325) 23 HTTPS://WWW.UNITEDWAYDENTON.ORG/CRF-PARTNERS-ELIGIBILITY Monday, April 6, 2020 FY19/20 UWDC Barriers Fund Match ▪City of Denton FY19/20 Utility Assistance o Interfaith receives monthly allocations from the City based on annual appropriation of $125,000 o Through March 1, Interfaith has been allocated $65,988 and administered $65,144 o An increase of $50,000 could be considered under current contract authority for a total annual appropriation of $175,000 o Staff will coordinate an increase to Interfaith based on Council direction 24 HTTPS://WWW.UNITEDWAYDENTON.ORG/CRF-PARTNERS-ELIGIBILITY Monday, April 6, 2020 FY19/20 Utility Assistance Community Resources 25Monday, April 6, 2020 •Various resources and ways to help at www.cityofdenton.com/ coronavirusresources •Questions or for referrals to potential resources, call Community Development at (940) 349-7726 COVID-19 Disaster Expenditures and Financials 26 COVID-19 EMERGENCY EXPENSE SUMMARY $ 104,642 Spent $ 240,274 Encumbered $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $344,916 of $550,000 Appropriation Spent or Encumbered * Including United Way Assistance $344,916 Spent & Encumbered Through 4/6/20 Minimum Anticipated Expenses Portable Decontaminating System for First Responders $31,486 Personal Protective Equipment $25,785 $30,000 Disinfectant & Sanitizer $43,937 $45,000 Public Safety Hotel Rooms $45,000 $45,000 Alternative Shelter Hotel Rooms $93,000 $93,000 Security $49,000 $49,000 United Way $50,000 Major Expenses/Contracts Questions? 28Monday, April 6, 2020 At its Tuesday, March 31st meeting, the Council made 7 requests for information. These requests are as follows: 1. Legal analysis of the City of Dallas Sick Leave Ordinance decision issued by the U.S. federal district Court, including an explanation of preemption as discussed in the opinion. 2. Dollars spent thus far by City of Dallas in the above lawsuit. 3. Where do golf courses fall under the existing City order and Governor’s order? Is there a difference between private and public golf courses? 4. How much financial assistance has been spent/is left under the prior City Council Declaration and Order? 5. How many people within the City of Denton do not have access to broadband internet services? 6. Where do Alcoholics Anonymous meetings fall under the current City order and Governor’s order? 7. If an employee of a business tests positive for COVID-19, what is a business required to post to advise the public? If there is a requirement, who has the authority to implement and/or enforce it? Items 4 and 5 were directed to the City Manager, since the requests are operational in nature. The City Manager’s Office will separately respond to Council on these 2 items. Request number 1 appears in Item I. of this Legal Status Report. Request numbers 2, 3, 6 and 7 appear in Item 3 of this Legal Status Report. Item II of the LSR was separately requested shortly after the March 31st meeting. Finally, also included is a chart that compares the Governor’s March 31st Order (GA-14) with Denton County’s and the City of Denton’s Orders. I. City of Dallas’ Sick Leave Ordinance Lawsuit On April 24, 2019, the City of Dallas enacted a Paid Sick Leave Ordinance similar to the ones adopted by the cities of Austin and San Antonio. The Ordinance requires private employers to grant one hour of paid sick leave for every thirty hours worked by an employee within Dallas. The term “employer” is broken into two categories: (1) medium or large employers (more than 15 employees); and (2) small employers (15 or less employees). The Ordinance was to be effective on August 1, 2019, for medium or large employers and August 1, 2021, for small employers. When an employee uses accrued paid sick leave time, employers are directed to pay employees their normal rate, exclusive of overtime, tips and commissions, for each hour the employee is absent from work for reasons that are authorized under the Ordinance. Authorized reasons include absence arising from mental or physical illness and preventative care for the employee or their family members. The Ordinance contains a reporting and notice requirements section. Employers are to provide physical notice of rights and remedies under the Ordinance on signage in an employee handbook, if the employer has one. The employer is also required to track and report the number of sick leave hours available to each employee in writing on no less than a monthly basis, as well as maintain logs of the hours accrued, used, and available for each employee. Finally, the Ordinance contains an enforcement section that authorizes the City of Dallas to conduct investigations, triggered by employee complaints, to assess employer compliance. In conducting investigations, the Ordinance authorizes the use of administrative subpoenas to compel witness attendance and the production of documents. Violations of any portion of the Ordinance will result in a fine. The assessment of penalties for Ordinance violations were not be begin until April 1, 2020 for medium or large employers and April 1, 2021 for small employers. Shortly before the Ordinance was to take effect for medium and large employers on August 1, 2019, ESI/Employee Solutions, L.P., Hagan Law Group, and the State of Texas, through the Attorney General’s Office1, filed a lawsuit against the City of Dallas requesting to halt the enforcement of the Ordinance. The lawsuit was filed in the U.S. District Court for the Eastern District of Texas. In their lawsuit, the Plaintiffs raised several claims which assert the Ordinance violates both the U.S. and Texas constitutions, and therefore the Ordinance is unenforceable. Earlier this year, the federal district court held a hearing to consider the City of Dallas’ Motion to Dismiss the lawsuit and the Plaintiffs’ Motion for Preliminary Injunction. The district court temporarily enjoined the enforcement of the Ordinance as being preempted by the Texas constitution until a full hearing on the merits can be held. In support of its decision, the district court looked to the Texas Supreme Court’s standard for evaluating preemption claims. Under the Texas Constitution, home-rule cities have broad, discretionary powers to enact ordinances to promote health, safety, and welfare needs. In essence, Texas cities have the full power of self-governance. However, this power is limited to the extent that no ordinance shall be, or contain provisions that are, inconsistent with the Texas Constitution or the general laws enacted by the Texas Legislature. When an ordinance is inconsistent, it may be struck down by a court as being preempted by state statute. Preemption can occur when a statute expressly or impliedly forecloses joint regulation on a particular matter. This can occur when a city ordinance frustrates the purpose and operation of a statute. In the Dallas case, the district court followed the preemption analysis used by the Austin Court of Appeals where it ruled that the City of Austin’s Sick Leave Ordinance was preempted by the Texas Minimum Wage Act (TMWA). The district noted that Dallas’ and Austin’s Sick Leave Ordinance contained substantive provisions virtually identical to each other. In the Austin case, the Austin Court of Appeals concluded that the legislative intent in the TMWA to preempt local law was clear. The TMWA expressly prohibits cities from regulating the wages of employers that are subject to the federal Fair Labor Standards Act (FLSA). Further, the Austin Court of Appeals concluded that the minimum wage set forth in the TMWA supersedes a wage established in a city ordinance. 1 ESI, Hagan and the State of Texas are collective referenced in this report as “Plaintiffs”. The Austin Court of Appeals noted that the term “wage” was not defined in the TMWA. Thus, it gave the term its ordinary meaning as it appears in dictionaries. Under these sources, a “wage” refers to a payment to a person for service or work rendered. Payment is based on the number of hours worked by the employee. Under Austin’s Sick Leave Ordinance, a private employer must pay employees who use sick leave for hours they did not actually work. The result of such a requirement is that employees who take sick leave are paid the same wage for fewer hours worked. Put another way, employees who take sick leave are paid more per hour for the hours actually worked. In short, the Sick Leave Ordinance increases the pay of those employees who use paid sick leave. Thus, the Austin Court of Appeals determined Austin’s Sick Leave Ordinance was preempted by the TMWA and therefore was unconstitutional. Since the Dallas Sick Leave Ordinance is substantively identical to Austin’s, the district court concluded that the Dallas Ordinance was also preempted, and therefore granted the Plaintiffs’ Preliminary Injunction prohibiting the enforcement of the Ordinance until a full hearing on the merits is conducted. II. Is the City of Austin’s Anti-Eviction Ordinance Preempted? All residential evictions in the State of Texas are governed by Chapter 24 of the Texas Property Code. This chapter lays out the process for evictions, as well as designating the state’s constitutionally-created Justice of the Peace Courts as the proper courts to hear and decide eviction cases. A few legislative sessions ago, the Texas Legislature tightened up eviction laws, forcing landlords and judges to adhere to a more uniform standard and process applicable throughout Texas. One of the statutory procedures a landlord must follow in evicting a tenant, such as the tenant’s failure to pay rent, is to provide the tenant with a written Notice to Vacate the premises. The Notice to Vacate must spell out the reason for the eviction. Unless the lease specifies otherwise, the Notice to Vacate must give the tenant at least three (3) days to move out. If the tenant fails to vacate the premises, then the landlord can file a lawsuit seeking to obtain possession of the premises. In cases involving a tenant’s failure to pay rent, the City of Austin’s Anti-Eviction Ordinance requires landlords provide tenants a Notice of Proposed Eviction before the statutorily-required Notice to Vacate. The purpose of the Notice of Proposed Eviction is to allow the tenant at least sixty (60) days to cure any delinquent payments before the landlord sends the Notice to Vacate. In essence, Austin has amended state eviction law to prohibit a landlord from filing an eviction suit in a Justice of the Peace Court for at least sixty-three (63) days, instead of the three-day wait imposed by state eviction law. On the other hand, there are some things that Austin’s Anti-Eviction Ordinance does not do. Tenants are still obligated to pay their rents. It does not waive any late fees and penalties typically associated with late payment or non-payment of rent. It does not prevent a landlord from filing an eviction lawsuit at the end of the sixty-three (63) day period. Finally, the Austin Ordinance does not apply to an eviction for reasons other than the non-payment of rent, such as violating the term of a lease or conducting illegal activity. Arguably, Austin’s Anti-Eviction Ordinance is inconsistent with state eviction and thus it is preempted. Using the preemption analysis used by the federal district court in Dallas’ Sick Leave Ordinance lawsuit, Austin’s Anti-Eviction Ordinance modifies state eviction law by adding an additional requirement that landlords must follow before being able to exercise the statutory eviction procedures. It is contrary to the Texas Legislature statutory intent to create uniform rules and procedures applicable statewide, since Austin has created a new rule that only applies to landlords and tenants within the City that is different from all other cities and counties in Texas. One may argue that the state’s eviction statute does not expressly prohibit cities from doing what Austin did. However, as noted in the Dallas Sick Leave Ordinance case, preemption can also occur implicitly. In this case, Austin’s Ordinance conflicts with the uniformity of evictions throughout the state as intended by the Texas Legislature. One may also argue that the state’s Emergency Management Statute, Chapter 418 of the Texas Government Code, authorizes a city to adopt an Anti-Eviction Ordinance just like Austin has done. The Recital Paragraphs of Austin’s Ordinance cites the Emergency Management Statute as supporting authority. However, if a city is without authority to adopt an ordinance under normal, non-emergency circumstances, then it does not gain authority under the Emergency Management Statute. The Texas Attorney General has similarly opined when ruling that neither cities nor counties have the authority to prohibit the sale of firearms during the current coronavirus epidemic under non-emergency circumstances. They do not gain such authority by relying on Chapter 418. Th same can be said of Austin’s Ordinance. If it is preempted under normal circumstances, Chapter 418 does nothing to change that outcome. Apart from preemption, there is no obligation for the Austin-area Justice of the Peace Courts to follow Austin’s Anti-Eviction Ordinance. Justice of the Peace Courts are constitutionally-created courts that are independent of the City of Austin’s city government. These courts are part of the state’s judicial branch. If they choose to do so, the Austin-area Justice of the Peace Courts can disregard Austin’s Ordinance and accept landlord eviction filings after the statutorily-required three (3) day Notice to Vacate has been served on tenants. III. Responses to Council’s request for Information The following are responses to Request Numbers 2, 3, 6, and 7. A. Dollars spent thus far by City of Dallas in defending the sick leave ordinance. Answer: We reached out to the Dallas City Attorney’s Office. To date, the matter has been handled in- house. This has consisted of responsive pleadings and participation in the hearing. Therefore, costs have been minimal, and no exact amount was given. B. Where do golf courses fall under the existing City order and Governor’s order? Is there a difference between private and public golf courses? Short Answer: Players on the course would be allowed under the current City order but not the Governor’s Executive Order. This applies to both public and private golf courses. Analysis: Under the City’s March 20, 2020 Order: Golf courses could continue to operate, so long as social distancing is enforced. This order was prior to the definitions of “essential activities” and “essential businesses.” Instead, it prohibits “Community Gatherings” which is defined as any event or convening that brings together 50 or more persons in a single room, with exceptions. The order also prohibits “Social Gatherings” which is defined as all gathers of 10 or more people not previously included in the definition of “Community Gathering.” Examples are given of “parties, backyard barbecues, social events, sporting events, and other gatherings.” Golf could come under the category of “sporting events,” though the course itself is not an enclosed space. So long as players engaged in social distancing, there is not a prohibition for being out on the course. The clubhouse/19th hole present a separate issue. The bar would not be allowed to serve patrons for in-dining/drinking. A clubhouse could not allow more than 10 at a time. Under the County’s March 27, 2020 order: Expressly prohibited from operation. While analysis of the County’s order was not part of the request, we wanted to point out its specific prohibition. Under the Governor’s Order GA-14: Golf courses are not permitted to operate. Order directs all persons to minimize contact with persons not in the same household except “where necessary to provide or obtain essential services.” Essential services are those listed by CISA, religious services, and those approved by TDEM. Golf courses are not included, and no argument has been made that they fit under any of the items listed by the CISA memo. This analysis is subject to change as the TDEM considers more requests for inclusion on the “essential” list. Under any of the orders, there is no distinction between a public or private course. C. Where do Alcoholics Anonymous meetings fall under the current City order and Governor’s order? Short Answer: AA meetings can continue under both the City and Governor’s orders, with some limitations. Analysis: Under the City’s March 20, 2020 Order: AA in-person meetings would be allowed, so long as there are not more than 50 people in the same room. As discussed above, this Order prohibits “Community Gatherings” which is defined as any event or convening that brings together 50 or more persons in a single room, with exceptions. AA meetings do not generally fall within one of the exceptions. The Order also prohibits “Social Gatherings,” which is defined as all gathers of 10 or more people not previously included in the definition of “Community Gathering.” Examples of Social Gatherings given in the Order are “parties, backyard barbecues, social events, sporting events, and other gatherings.” Given the nature of an AA meeting, Community Gathering is more fitting. Under the Governor’s Order GA-14: AA in-person meetings would be allowed if they cannot be conducted remotely. GA-14 directs all persons to minimize contact with persons not in the same household except “where necessary to provide or obtain essential services.” Essential services are those listed by CISA, religious services, and those approved by TDEM. AA meetings are not specified in either the CISA memo or by TDEM at this time. The CISA memo does specify that “Healthcare/Public Health” includes: “Workers in other medical facilities (including… Community Mental Health, Comprehensive Outpatient rehabilitation, … Psychiatric Residential...)” and “Workers who support … social services, and other necessities of life for … otherwise needy individuals.” An argument could be made that AA meetings are included in one of these categories. Even then though, what can be done through telecommuting must be done. According to the AA website, the general office headquarters has closed in New York as being deemed non-essential. Also, the organization put out a press release on March 23rd about the on- line meeting system. It can be found here: https://www.aa.org/press-releases/en_US/press- releases/aa-groups-using-digital-platforms-to-find-sobriety-during-coronavirus-covid-19- outbreak Therefore, meetings can certainly continue in video/teleconferencing methods. If there are individuals needing the services who do not have access to the virtual meetings, an in-person meeting is allowed if social distancing guidelines are enforced. D. If an employee of a business test positive for COVID-19, what is a business required to post to advise the public? If there is a requirement, who has the authority to implement and/or enforce it? Short Answer: There is no requirement for a business to post or otherwise notify the public about an employee who tests positive for COVID-19. Analysis: There is no requirement imposed by existing state law or City, County, or Gubernatorial orders for a business to notify the public about a positive COVID-19 test on an employee. In the absence of a specific employer policy to the contrary, employees have no general obligation to disclose to employers the nature of an illness. The Texas Health and Safety Code does create an obligation for certain entities to report to the local health authority. These reports are not considered public information for purposes of the Public Information Act; they are considered confidential documents that may only be released as provided by the Health and Safety Code. As of April 3, 2020 COMPARISON OF GA-14 WITH DENTON COUNTY AND CITY OF DENTON* ORDERS Subject STATE – GA-14 City/County Extent to which superseded Stay Home Order People shall only leave home to provide/access essential services, or engage in essential daily activities. All individuals in City of Denton / Denton County must Stay at Home but may leave for Essential Activities, to operate Essential Businesses, or to perform Essential Governmental Functions. Stay Home Order is not superseded because the available exceptions are consistent with GA-14. Essential Services / Activities Essential Services includes everything listed in Version 2.0 of the CISA Guidance on Essential Critical Infrastructure Workforce Memorandum, plus religious services that are not capable of being conducted remotely, and any additional essential service identified by the Texas Division of Emergency Management. If able, Essential Services should be provided via telework. People may leave home if necessary to access Essential Services. Order directs people to avoid dine-in restaurants, gyms, tattoo studios, etc. Defines Essential Business to include and expand upon the CISA memorandum and also defines Essential Activities. City/County Definitions of Essential Business and Activities do not contradict GA-14. City is superseded as to religious services not able to be conducted remotely. The telework provision in GA-14 does not appear to be a mandate (“should” rather than “shall”). No conflict. Local order creates a restriction on operating these business and also does not authorize patronizing these businesses as “essential activities.” The approach is different than GA-14, but does not appear to conflict. As of April 3, 2020 Subject STATE – GA-14 City/County Extent to which superseded Social gatherings Every person shall, except where necessary to provide or obtain essential services, minimize social gatherings and in-person contact with people who are not in the same household. All individuals should Stay At Home except for Essential Activities, to perform Essential Governmental Functions, or to operate Essential Businesses. All gatherings of people outside a single household or living unit are prohibited. Staying home and only going out for essential services does not conflict with GA-14. Nursing homes, long term care facilities, etc. Individuals may not visit unless to provide critical assistance. Facilities must prohibit non- essential visitors except for end- of-life visitation GA-14 appears to supersede as to end- of-life visitation, except perhaps to the extent such visitation could be construed as a religious service (last rites). School Closures All schools closed to in-person classroom attendance until at least May 4, 2020. Schools are not addressed except as to positive tests in and for provision of meals in City order. County order provides for designation of essential school personnel for distance learning, provision of meals, and cleaning. No conflict. Elective Medical Procedures All procedures not immediately medically necessary shall be postponed (GA-09). No elective medical, dental, or surgical procedures permitted. No conflict. Construction Activities Essential construction activities are construction of critical infrastructure and new housing (CISA memorandum). Residential and commercial construction permitted. Residential and infrastructure construction is permitted. Local orders do not seem to conflict with GA-14 as to commercial construction. As of April 3, 2020 *The City of Denton Order used for purposes of comparison is the Mayor’s Order dated March 24, 2020, as it was the basis for the Council Order drafted for consideration in the March 31 Council meeting, and is very similar to the Denton County Order in effect as of April 2, 2020. Municipalities across the state are attempting to interpret GA-14 and have requested guidance from the Texas Attorney General. This chart has been prepared based on information currently available to us, and any guidance herein is subject to change with additional information from the state. Texas Government Code Sections 418.1015(b) and 418.108 and Texas Health and Safety Code Chapter 81, Subchapter E and any other relevant statutes are suspended to the extent that any local government imposes restrictions inconsistent with GA-14. Local government is permitted to enforce the provisions of GA-14 and any local order that is consistent with GA-14. City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-812,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation, superseding and replacing the Order of Council of the City Of Denton issued March 20,2020 approved by Ordinance 20-740;confirming and authorizing the expenditure of funds;providing a repealer clause;and providing an effective date. City of Denton Printed on 4/6/2020Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office CM/ DCM/ ACM: Todd Hileman DATE: March 31, 2020 SUBJECT Consider an ordinance of the City of Denton, a Texas home-rule municipal corporation, superseding and replacing the Order of Council of the City of Denton issued March 20, 2020, approved by Ordinance No. 20-740; confirming and authorizing the expenditure of funds; providing a repealer clause; and providing an effective date. BACKGROUND Beginning in December 2019, a novel coronavirus, now designated SARS-CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization. Likewise, both the President of the United States and the Governor of Texas have declared states of emergency regarding the disease. Symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death. First Declaration and Order On March 13, the Mayor determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to COVID-19 impact; and suspending all City utility shut-offs to residential customers. On March 13, 2020, the Mayor executed a “Declaration of Local Disaster for Public Health Emergency” and an “Order of the Mayor of the City of Denton” pursuant to the Declaration. On March 17, 2020, the City Council extended the Mayoral Declaration with Ordinance 20-721. This extension increased the term of the declaration through April 30, unless otherwise modified by Council. On March 20, 2020, City Council further amended Ordinance 20-721 by Ordinance 20-740. Under that amended ordinance: • Community gatherings of 50 persons or more are prohibited within the City of Denton. • Social gatherings of more than 10 persons are prohibited within the City of Denton beginning at 12:01 a.m. on March 21, 2020 and continuing through the duration of Gov. Abbott’s Executive Order GA 08, signed March 19. • High-risk individuals, as defined by the Centers for Disease Control and Prevention (CDC), are urged to cancel, reschedule, or not attend any gatherings during this time. • All non-essential City of Denton Municipal Court proceedings are postponed until after April 30, 2020. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com • Restaurants, microbreweries, micro-distilleries, and wineries within the City may only provide take out, delivery, or drive-through services. • All City of Denton utility non-payment shut-offs are suspended through April 30, 2020. • Up to $500,000 of funding is authorized to be spent for COVID-19 response activities. • Up to $50,000 of funding is authorized to be provided to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance. Second Declaration and Order On March 24, 2020, the City of Denton and Denton County issued a new declaration of disaster and order and executive order, respectively, to establish “Stay at Home” mandates for both jurisdictions. The second Mayoral declaration and order, issued by Mayor Watts, mandated that, except for essential activities and the operations of essential businesses, residents must stay at their place of residence to slow the spread of COVID-19. Additional detail is provided in the City of Denton order. It became effective at 11:59 p.m. on Wednesday, March 25, 2020 and expired on 11:59 p.m. on Wednesday, April 1, 2020. The County Executive Order was extended, with a small number of modifications, on March 31 by the Denton County Commissioners Court. The Denton County order is valid through April 7, 2020. Governor’s Executive Order (GA-14) On March 31, 2020, Governor Abbott issued executive order GA-14 (attached) that, among other mandates, states that every person in Texas shall, except where necessary to provide or obtain essential services, minimize social gatherings and minimize in-person contact. Additionally, the order states: • People shall avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms, massage establishments, tattoo studios, piercing studios, or cosmetology salons; allowing for take- out, drive-thru, and delivery services for food establishments; • People may from access essential services or engage in essential daily activities, such as going to the grocery store or gas station, providing or obtaining other essential services; • People are not prohibited from visiting parks, hunting or fishing, or engaging in physical activity like jogging or bicycling; • People shall not visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities unless to provide critical assistance; • people and businesses should follow the • Guidelines from the President and the CDC by practicing good hygiene, environmental cleanliness, and sanitation, implementing social distancing, and working from home if possible; • All services should be provided through remote telework from home unless they are essential services that cannot be provided through remote telework; • If religious services cannot be conducted from home or through remote services, they should be; and • Schools shall remain closed and not recommence prior to May 4, 2020. The order states that essential services shall “consist of everything listed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0, plus religious services conducted in churches, congregations, and houses of worship.” The Texas Division of Emergency Management shall maintain a list of essential services and, as necessary, add to it. The list is accessible at www.tdem.texas.gov/essentialservices. Notably, GA-14 states that it supersedes any conflicting order issued by local officials in response to the COVD-19 disaster, but only to the extent that such a local order restricts essential services allowed by the executive order or allows gatherings prohibited by this executive order. Additionally, the Governor suspended Sections 418.1015(b) and 418.108 of the Texas Government Code, Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other relevant statutes, to the extent necessary to ensure that local officials do not impose restrictions inconsistent with the executive order. Cities across the state continue to analyze the order and attempt to ascertain how it should be interpreted. There is still question as to whether GA-14 establishes a minimum standard for defining essential businesses and services, or if it acts as a ceiling that local orders may not go beyond.. After review, staff recommends a Stay at Home ordinance that is closely aligned with GA-14, and reference the essential services list maintained by TDEM in designating essential businesses. In this manner, the City will not risk being in conflict with the statewide standard it has set. This approach would also not conflict, at this time, with that of Denton County. OPTIONS N/A RECOMMENDATION N/A ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) March 24 – Second Mayoral declaration of local disaster and order March 20 – Adoption of Ordinance 20-420 amending Ordinance 20-721 March 17 – Adoption of Ordinance 20-721 extending and modifying Mayoral Declaration March 13 – Mayoral declaration of local disaster and order FISCAL INFORMATION N/A BID INFORMATION N/A EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Presentation Exhibit 3 – Declaration and Order (Draft) Exhibit 4 – March 13 Mayoral Declaration of Local Disaster Exhibit 5 – March 13 Order of the Mayor of the City of Denton Exhibit 6 – March 17 Ordinance and Order 20-721 Exhibit 7 – March 20 Ordinance and Order 20-740 Exhibit 8 – March 24 Second Mayoral Declaration of Local Disaster and Order Exhibit 9 – Governor Abbott Executive Order GA-14 Respectfully submitted: Ryan Adams Deputy Director of Public Affairs/IGR 1 Stay at Home Order March 31, 2020 2 Second Mayoral Declaration of Local Disaster for Public Heath Emergency •Issued on March 24, 2020 •Effective for seven days beginning at 11:59 p.m. on March 25, 2020 •ORDER: •All individuals currently living within the city of Denton are ordered to STAY AT HOME or current place of residence. •All businesses operating within the city of Denton, except essential businesses, are required to cease all activities at facilities located within the city of Denton. •All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited. •Restaurants, beverage bars, microbreweries, micro-distilleries, or wineries may only provide take out, delivery, or drive-through services. 3 Second Mayoral Declaration of Local Disaster for Public Heath Emergency •ORDER CONTINUED: •Religious and worship services may only be provided by video and teleconference. •All elective medical, surgical, and dental procedures are prohibited. •Due to increased demand for bath or toilet tissue, retail suppliers shall use common sense rationing of household products and groceries that are in limited supply. •If someone in a household has tested positive for COVID-19, the household is ordered to isolate at home. •Nursing homes, retirement, and long-term care facilities are instructed to prohibit non-essential visitors from accessing their facilities unless to provide critical assistance or for end-of-life visitation. •Authorizes the use of all lawfully available enforcement tools found in Denton City Code, Chapter 9 (Emergency Management), state or federal laws. 4 State Action •GOVERNOR ABBOTT EXECUTIVE ORDER GA-14 •Among other mandates, states people shall “except where necessary to provide or obtain essential services, minimize social gatherings and minimize in-person contact” •In person religious services are allowed if they cannot be done remotely •Where essential services are provided, social distancing must be practiced according to CDC guidelines •ESSENTIAL SERVICES •Consists of all services within the Guidance on the Essential Critical Infrastructure Workforce, Version 2.0 (CISA Memo) •TDEM will maintain an online listing: www.tdem.texas.gov/essentialservices •Businesses can request to be added to the list. 5 State Action •GA-14 states that it supersedes any conflicting order issued by local officials in areas of: •Essential services •Gatherings •GA-14 is still being analyzed by local governments •Uncertainty as to whether it is a “floor” or “ceiling” •Staff recommends Council consider an order that is closely aligned with GA-14 •References TDEM essential services list •Prevents local order from being in conflict with the state •This approach would not conflict, as of now, with Denton County. 6 Discussion/Consideration •Consider amending Ordinance 20-740 (adopted on March 20) ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME–RULE MUNICIPAL CORPORATION, SUPERSEDING AND REPLACING THE ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED MARCH 20, 2020 APPROVED BY ORDINANCE 20-740; CONFIRMING AND AUTHORIZING THE EXPENDITURE OF FUNDS; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings and requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending postponement of all non-essential court proceedings, minimizing staff, and taking all other appropriate measures to prevent the spread of disease; and WHEREAS, the Mayor of the City of Denton determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and limiting certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to COVID-19 impact; and temporarily suspending all City utility shut-offs to residential customers; and WHEREAS, on March 13, 2020, the Mayor executed a “Declaration of Local Disaster for Public Health Emergency” and an “Order of the Mayor of the City of Denton” pursuant to the Declaration; and WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit “C,” including the authorization to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continues to evolve and measures must be taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council amended the Order of Council on March 20, 2020; and WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton, the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, attached hereto as Exhibit “A,” and an “Order of the Mayor of the City of Denton” pursuant to the Second Declaration, attached hereto as Exhibit “B,” extending measures in an attempt to slow the spread of the disease; and WHEREAS, Governor Greg Abbott issued Executive Order GA-14 on March 31, 2020, further limiting public gatherings and defining which “essential services” were to continue during the declared state-wide emergency; and WHEREAS, GA-14 expressly preempts local ordinances, declarations, and orders in conflict with it; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Denton to, in compliance and to be consistent with GA-14, supersede and replace the prior orders of Council dated March 17, 2020 and March 20, 2020, confirming the expenditure of funds; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. The Council hereby adopts the Order of Council, dated April 6, 2020, attached hereto as Exhibit “A.” SECTION 3. It is Council’s intent that this Ordinance and the Order of Council attached hereto supersede and replace the prior Orders of Council, passed March 17, 2020 through Ordinance 20-420 and March 20, 2020 through Ordinance 20-740. To the extent those Orders conflict with the Order herein passed, they are repealed. SECTION 4. The City Council confirms the expenditure authority previously granted to the City Manager and authorizes additional amounts, as further specified in Exhibit “A.” SECTION 5. The motion to approve this Ordinance was made by _______________and seconded by _______________________; the Ordinance was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2020. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ EXHIBIT A - DRAFT ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: APRIL 6, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. As the number of positive cases of COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the following measures described in this Order. This Order supersedes and replaces the Order of the City Council adopted on Friday, March 20, 2020 (Ordinance No. 20-740). PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON MARCH 17, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS: 1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency, originally enacted by the Mayor on March 13, 2020 and extended by Council pursuant to ordinance, supersedes and replaces the prior Orders of the Mayor and of Council. The Order shall take effect at 11:59 p.m. on April 6, 2020 and continue through 11:59 p.m. on April 30, 2020. 2. Effective as of 11:59 p.m. on April 6, 2020: a. All individuals currently living within the City of Denton are ordered to STAY AT HOME or their current place of residence. For the purposes of this Order, residences include hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence. All persons may leave their residences only for Essential Activities, travel to businesses outside of the City of Denton, provide or perform Essential Governmental Functions, or to operate Essential Businesses, all as defined in Section 3. b. All businesses operating within the City of Denton, except Essential Businesses as defined below in Section 3, are required to cease all activities at facilities located within the City of Denton. For clarity, businesses may continue operations consisting exclusively of employees or contractors performing activities at their residences (i.e. working from home). To the greatest extent possible, all Essential Businesses shall comply with the Social Distancing Guidelines promulgated by the United States Centers for Disease Control and Prevention (CDC), including maintaining six-foot social distancing for both employees and the general public. All golf courses within the City of Denton shall be closed. c. All public or private gatherings of any number of people occurring outside a single household or living unit are prohibited, except as otherwise provided herein. Nothing in Page 2 of 4 this Order prohibits the gathering of members of a household or living unit (an apartment or house for use by one family). d. Restaurants and beverage bars with or without drive-in or drive-through services and microbreweries, micro-distilleries, or wineries may only provide take out, delivery, or drive-through services as allowed by law. e. If religious services cannot be conducted from home or through remote services, they should be conducted consistent with the Guidelines from the President and the CDC by practicing good hygiene, environmental cleanliness, and sanitation, and by implementing social distancing to prevent the spread of COVID-19. f. All elective medical, surgical, and dental procedures are prohibited anywhere in the City of Denton. Hospitals, ambulatory surgery centers, dental offices, and other medical facilities shall postpone all surgeries and procedures that are not immediately medically necessary to correct a serious medical condition of, or to preserve the life of, a patient who without immediate performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient’s physician. 3. Definitions: a. For purposes of this Order, “Essential Business” shall mean businesses offering “Essential Services,” as that term is defined in Gubernatorial Executive Order GA-14, issued March 31, 2020, and the National Cybersecurity and Infrastructure Agency (CISA) Memorandum of Essential Critical Infrastructure document version 2.0 dated March 28, 2020 or as either may be further amended, and as further expanded by the Texas Department of Emergency Management or the Department of Homeland Security. b. For purposes of this Order, “Essential Activities” is defined as the following: i. To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members including pets and livestock (for example, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies need to work from home), and attending funeral services for an immediate family member; and ii. To obtain necessary food, beverage, services, or supplies for themselves and their family or household members, or to deliver those services or supplies to others (for example, food, pet supply, and any other household consumer products), and products necessary to maintain the safety, sanitation, and essential operation of residences. iii. To engage in outdoor activity, provided the individuals comply with social distancing requirements of six feet (for example, walking, biking, hiking, or running). Use of public playground equipment is prohibited. Page 3 of 4 iv. To perform work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Order. v. To care for a family member or pet in another household. 4. If someone in a household has tested positive for COVID-19, the household is ordered to isolate at home. Members of the household cannot go to work, school, or any other community function until cleared by a medical professional. 5. Nursing homes, retirement, and long-term care facilities are instructed to prohibit non- essential visitors from accessing their facilities unless to provide critical assistance or for end-of- life visitation. 6. This Order hereby authorizes the use of all lawfully available enforcement tools found in Denton City Code, Chapter 9 (Emergency Management), state laws and gubernatorial orders, or federal laws. 7. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered continued as set forth herein: a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the exception of the Planning and Zoning Commission, which shall meet only to consider applications subject to state law-imposed deadlines; b. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; c. Only electronic purchasing submissions shall be accepted; d. No development applications listed in Table 2.2-A in the Denton Development Code shall be accepted for the term of this Order or any extension hereof; e. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; f. The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; g. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; h. The City Manager is authorized to approve individual purchases and sign contracts up to $500,000.00 for general expenditures already budgeted or authorized by Section 7(k) of this Order; Page 4 of 4 i. All City of Denton utility non-payment shut offs are suspended during the term of this Order and no penalties for non-payment of utilities under Ordinances 19-2140, 19-2136, 19-2137, 19-2138, or 18-1494 shall accrue during the pendency of this order or any extension hereof; and j. The City Manager is given authority to expend up to $50,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance; k. The City Manager is authorized to expend no more than an additional SevenFive Hundred Fifty Thousand Dollars ($5750,000.00) from the general fund reserve balance during this period to proceed with the necessary emergency responses and essential functions not already budgeted. l. The City Manager is authorized to expend no more than an additional Fifty Thousand Dollars ($50,000.00) from the customer service fund reserve balance during this period to increase utility assistance funding for FY 2019-2020 to One Hundred Seventy-Five Thousand Dollars ($175,000.00). ml. All non-essential court proceedings in the Municipal Court No. 1 of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration proceedings, and requests for temporary restraining orders. n. Due to increased demand for household products and groceries resulting from stock up buying and individuals who purchase for resale, retail suppliers shall use common sense rationing of household products and groceries that are in limited supply. 8. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City’s website and in other conspicuous places. IT IS SO ORDERED PURSUANT TO ORDINANCE NO. ___________ _________________________________ Mayor Chris Watts City of Denton ORDINA CE NO. 20-72] AN ORD! ANC · OF THE CITY OF DENTON. A TEXAS HOME-RULE MUNICIPAL CORPORATION. EXTENDING THE FFECTIVE PERIOD OF THE DECLARATION OF EMERGENCY EXECUTED BY Tl IE MAYOR ON MARCH 13. 2020: TERMINATING AND REPLACl G THE ORDER OF THE MAYOR DATED MARCH 13. 2020; AUTHORIZING THE EXPENDIT R OF AMOUNT T TO EXCEED FIVE H R D FIFTY THOUSAND DOLLARS ($550.000.00) DURING THIS PERIOD PURSUANT TO ODE OF ORDINANC ES SECTION 9-23: AND PROVIDING AN EF CTIVE DATE. WHEREAS. beginning in December 2019, a novel coronavirus, now designated SARS- oV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World H alth Organization: and WHEREAS. symptoms of COVID-19 include fever. coughing. and shortness of breath, and in some cases the virus has cau ·cd death: and WHEREAS. the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily with 18 positive or presumed positive cas s across North Texa<; and several persons under observation in Denton County following presumed exposure: and WHEREAS. extraordinar measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings of over I 00 people and potential ly requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Crimi nal Appeals. and Regional Judges, has provided guidance recommending postponement of all non-essential court proceedings, minimizing staff, and taking all other appropriate measures to prevent the spread of disease; and WHEREAS, the Mayor of the City of Denton has determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temp rarily clo ing City buildings. facilities. and limiting certain uses thereof; temporarily postponing all non-essential municipal court proceedings: providing resourc s to prevent eviction due to COVID-19 impact: and temporarily suspending all City utility shut-offs to residential customers: and WHEREAS, on March 13. 2020. the Mayor executed a ··Declaration of Local Disaster for Public Health Emergency:· a copy of which is attached hereto as Exhibit '·A;· and an ··Order of the Mayor of the City of Denton" pursuant to the Declaration. a copy of which is attached hereto as Exhibit ··s:·· and WHEREAS. the City Council finds that it is in the best interest of the citizens of the City of Denton to extend the effectiveness of the March 13, 2020 Declaration of Disaster until 11 :59 p.m. April 30, 2020, tenninate and replace the Order of the Mayor, as detailed herein. and authorize the expenditure of no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, the effective period of the attached Declaration of Disaster executed by the Mayor on March 13, 2020 is extended until 11:59 p.m. on Thursday, April 30, 2020 in the interest of public health and safety in an attempt to prevent the spread ofCOVID-19, unless further extended, revised, or terminated by law. SECTION 3. The Order of the Mayor, executed by the Mayor pursuant to the Declaration of Disaster on March 13, 2020, is hereby tenninated and replaced with the Order of Council attached hereto as Exhibit "C." SECTION 4. Pursuant to City of Denton Code of Ordinances Section 9-23, the City Manager is hereby authorized to expend funds up to Five Hundred Fifty Thousand Dollars ($550,000.00) for necessary emergency response procurement and essential functions not already budgeted. The City Manager shall keep a written account of all emergency procurements made during this emergency and provide such accounting to City Council within three (3) months of the conclusion of the emergency. SECTION 5. The m~n to approve this Ordinance was made by ~ /2 · and seconded by G a/If 2 ~ 19;:J ; the Ordinance was passed and ap roved by the following voter a:.-.LJ Aye Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: ✓ Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: 7 Paul Meltzer, At Large Place 6: ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY A TTO Y EXHIBIT "A" DECLARATION OF LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY WHEREAS, beginning in December 2019. a novel coronavirus. now designated SARS-CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization: and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily with 13 positive or presumed positive cases across North Texas and several persons under observation in Denton County following presumed exposure; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings of over two hundred fifty (250) people and potentially requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Criminal Appeals, and Regional Presiding Judges has provided guidance recommending postponement of all non-essential court proceedings. minimizing staff, and taking all other appropriate measures to prevent the spread of disease; OW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF DENTON: I. That a local state of disaster for public health emergency is hereby declared for the City of Denton, a Texas home-rule municipal corporation, pursuant to Section 418.108(a) of the Texas Government Code and Section 9-21 of the City of Denton Code of Ordinances. 2. Pursuant to Texas Government Code Section 418 .108(b) and Section 9-27 of the City of Denton Code of Ordinances. the state of disaster for public health emergency shall continue for a period of not more than seven (7) days from the date of this declaration unless continued or renewed by the Denton City Council. 3. Pursuant to Texas Government Code Section 418. l 08( c) and Section 9-25 of the City of Denton Code of Ordinances, this declaration of a local state of disaster for public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. Pursuant to Section 4 l 8.108(d) of the Texas Government Code, this declaration of a local state of disaster activates the City of Denton emergency management plan and grants the Mayor the powers set forth in Section 9-22 of the City of Denton Code of Ordinances; including the power to temporarily close City buildings, facilities, and ce11ain uses thereof; to temporarily postpone all Page 1 of 2 non-essential municipal court proceedings; to temporarily suspend all City utility shut-offs to residential customers affected by COVID-19; and to prohibit all public and private gatherings wherein two hundred fifty (250) people or more are expected, as well as those gatherings of twenty (20) or more people where high-risk individuals. as defined by the United States Centers for Disease Control and Prevention (CDC) are in attendance. 5. Pursuant to Health and Safety Code Section 122 .006. the City may adopt rules to protect the health of persons in the City and provide for the establishment of quarantine stations, emergency hospitals, and other hospitals. 6. That this proclamation shall take effect immediately from and after its issuance. DECLARED this the l 2~Y of March. 2020. ~ City of Denton Mayor Page 2 of2 EXHIBIT "B" ORDER OF TH E MAYOR OF THE CITY OF DENTON DATE ISSUED: MARCH 13, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. Because of the risk of the rapid spread of the virus, the need to protect the most vuln rable members of the community, this Order closes certain City buildings and non-essential services or uses. This order prohibits community gatherings of two hundred fifty (250) persons or more within the City of Denton beginning at 5:00 p.m. on March 13, 2020, and continuing seven days through 5:00 p.m. on March 20, 2020, as defined below. The City of Denton strongly recommends following the social distancing protocols attached to this Order. Additionally, the City of Denton urges high-risk individuals, as defined by the Centers for Disease Control and Prevention (CDC), to cancel, reschedule, or not attend events that will have or will likely have 20 or more people. PURUSANT TO THE MAYORAL PROCLAMATION OF MARCH 13, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON MAYOR CHRIS WATTS HEREBY ORDERS: I. Effective as of 5:00 p.m. on Friday, March 13, 2020, and continuing until 5:00 p.m. on March 20, 2020, public or private Community Gatherings (as defined in Section 4 below) are prohibited anywhere in the City of Denton. 2. The City of Denton strongly urges organizations that serve high-risk populations, as defined by the Centers for Disease Control and Prevention (CDC), to cancel gatherings of more than 20 people. These recommendations are based on the social distancing practices promulgated by the CDC as well as the '·Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non- essential gatherings during the duration of this Order in order to help slow down the spread of the COVID-19 virus. 3. All non-essential court proceedings in the Municipal Court No. I of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest wanant requests. arraignments. criminal magistration proceedings, and requests for temporary restraining orders. 4. Definitions: a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor event or convening, subject to the exceptions and clarifications below, that brings together or is likely to bring together three hundred (300) or more persons at the same time in a single room or Page 1 of 2 other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or any other confined space. b. For purposes of clarity, a ·'Community Gathering'' does not include the following so long as visitors are generally not within arm· s length of one another for extended periods: 1. spaces where 250 or more persons may be in transit or waiting for transit, such as airports, bus stations, or terminals; 11. office space or residential buildings; 111. grocery stores, shopping malls, or other retail establishments where large numbers of people are present but it is unusual for them to be within arm's length of one another for extended periods; and iv. hospitals and medical facilities. c. Specifically excluded from the definition of "Community Gathering'" is the following: i. gathering of people in multiple, separate encloses spaces in a single building, such as a multiplex movie theater, school, church. or office tower, so long as 250 people are not present in any single space at the same time; and ii. the use of enclosed spaces where 250 or more people may be present at different times during the day, so long as 250 or more people are not present in the space at the same time. 5. It is further ordered that all City of Denton utility shut offs for residential customers are suspended, even for nonpayment, during the pendency of this Order upon proof of income or job loss directly resulting from COVID-19. 6. The City Manager is given authority to expend up to $50,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton. who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance. 7. This Order shall be effective until 5:00 p.m. on Friday, March 20, 2020, or until it is either rescinded, superseded, or amended pursuant to applicable law. 8. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City's website and in other conspicuous places. ITISS~~ ~sWatts City of Denton Page 2 of 2 EXHIBIT "C" ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: MARCH 17, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. Because of the risk of the rapid spread of the virus, the need to protect the most vulnerable members of the community, this Order closes certain City buildings and limits non-essential services or uses. This order prohibits community gatherings of one hundred ( 100) persons or more within the City of Denton beginning at 12:01 a.m. on March 18, 2020, and continuing through 11 :59 p.m. on April 30, 2020, as defined below. The City of Denton strongly recommends following the social distancing protocols promulgated by the Centers for Disease Control and Prevention (CDC). Additionally, the City of Denton urges all individuals to avoid gatherings of fifty (50) persons or more and high-risk individuals, as defined by the CDC, to cancel, reschedule, or not attend any gatherings during this time. PURSUANT TO THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON COUNCIL HEREBY ORDERS: 1. Effective as of 12:01 a.m. on Wednesday, March 18, 2020, and continuing until 11:59 p.m. on Thursday, April 30, 2020, public or private Community Gatherings (as defined in Section 4 below) are prohibited anywhere in the City of Denton. 2. The City of Denton strongly urges all individuals to avoid any gatherings of fifty (50) persons or more. Further, individuals in high-risk populations, as defined by the CDC should avoid all gatherings. These recommendations are based on the social distancing practices promulgated by the CDC as well as the "Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non-essential gatherings during the duration of this Order in order to help slow down the spread of the COVID-19 virus. 3. All non-essential court proceedings in Municipal Court No. 1 of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration proceedings, and requests for temporary restraining orders. 4. Definitions: a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor event or convening, subject to the exceptions and clarifications below, that brings together or is likely to bring together one hundred (100) or more persons at the same time in a single room or Page 1 of 3 EXHIBIT "C" other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or any other confined space. b. For purposes of clarity, a "Community Gathering" does not include the following so long as visitors are generally not within arm's length of one another for extended periods: 1. spaces where persons may be in transit or waiting for transit, such as airports, bus stations, or terminals; 11. office space or residential buildings; 111. grocery stores, shopping malls, or other retail establishments where large numbers of people are present, but it is unusual for them to be within arm's length of one another for extended periods, though the City of Denton strongly urges said businesses to enforce social distancing of six ( 6) feet or more in line or queue areas; 1v. hospitals, medical facilities, and shelters; and v. jails and detention facilities. c. Specifically excluded from the definition of "Community Gathering" is the following: 1. gathering of people in multiple, separate enclosed spaces in a single building, such as a multiplex movie theater, school, church, or office building, so long as 100 people are not present in any single space at the same time; ii. the use of enclosed spaces where 100 or more people may be present at different times during the day, so long as 100 or more people are not present in the space at the same time; and 111. places of employment not otherwise generally open to the public. 5. The City of Denton strongly urges restaurants and bars within the City to limit occupancy to fifty percent (50%) or less than permitted by the restaurant or bar's Certificate of Occupancy. 6. All City of Denton utility non-payment shut offs are suspended during the term of this Order. 7. The City Manager is given authority to expend up to $50,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance. 8. This Order shall be effective until 11 :59 p.m. on Thursday, April 30, 2020, or until it is either rescinded, superseded, or amended pursuant to applicable law. 9. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered: a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the exception of the Planning and Zoning Commission, which shall meet only to consider applications subject to state law-imposed deadlines; Page 2 of 3 EXHIBIT "C" b. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; c. Only electronic purchasing submissions shall be accepted; d. No development applications, variance applications, certificate of appropriateness applications, or administrative appeals requiring approval from the Planning and Zoning Commission, Zoning Board of Adjustment, Historic Landmark Commissions, or the City Council shall be accepted for the term of this Order; e. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; f. The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; g. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; and h. The City Manager is authorized to approve individual purchases up to $500,000.00 for general expenditures, which includes: fees, professional services, personal services, and other categories exempted from the bid process by the Local Government Code Section 252.022. 10. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City's website and in other conspicuous places. ANCE NO. 20-721. Mayor ris Watts City of Denton Page 3 of 3 S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC.docx ORDINANCE NO. 20-7 40 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AMENDING THE ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED MARCH 17, 2020 APPROVED BY ORDINANCE NO. 20-721; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel corona virus, now designated SARS- Co V2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings and requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending postponement of all non-essential court proceedings, minimizing staff, and taking all other appropriate measures to prevent the spread of disease; and WHEREAS, the Mayor of the City of Denton has determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and limiting certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to CO VID-19 impact; and temporarily suspending all City utility shut-offs to residential customers; and WHEREAS, on March 13, 2020, the Mayor executed a "Declaration of Local Disaster for Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the Declaration; and WHEREAS, fmding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit "C," including the authorization to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC.docx WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continues to evolve and measures must be taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council finds it is in the public interest to amend the Order of Council passed March 17, 2020; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. The Order of Council of the City of Denton, issued March 17, 2020, is hereby amended as shown in the attached Exhibit "A." SECTION 3. The motion to approve this Ordinance was made b seconded by:;&J s,??.f#u~ ; the Ordinance was passed and a vote r5 -c:2.J : Abstain Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: ✓ Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSEDANDAPPROVEDthisthe d/J &{ dayof ~~ :s and roved by the following Absent , 2020. CHRIS WATTS, MAYOR S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC.docx ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY EXHIBIT "A" FIRST AMENDED ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: MARCH 20, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. Because of the risk of the rapid spread of the virus, the need to protect the most vulnerable members of the community, this Order closes certain City buildings and limits non-essential services or uses. This order prohibits community gatherings of fifty (50) persons or more within the City of Denton beginning at 12:01 a.m. on March 21, 2020, and continuing through 11 :59 p.m. on April 30, 2020, as defined below. It also prohibits social gatherings of more than ten (10) people within the City of Denton beginning at 12:01 a.m. on March 21 , 2020 and continuing through the duration of Governor Greg Abbott's Executive Order GA 08, signed March 19, 2020. The City of Denton strongly recommends following the social distancing protocols promulgated by the Centers for Disease Control and Prevention (CDC). Additionally, the City of Denton urges all individuals to avoid gatherings of more than ten (10) people and high-risk individuals, as defined by the CDC, to cancel, reschedule, or not attend any gatherings during this time. PURSUANT TO THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON COUNCIL HEREBY ORDERS: 1. Effective as of 12:01 a.m. on Saturday, March 21, 2020, all public or private Social Gatherings (as defined in Section 4 below) are prohibited anywhere in the City of Denton pursuant to Executive Order GA 08, signed by Governor Greg Abbott on March 19, 2020, for the duration of the Executive Order, as may be amended. Further, all public or private Community Gatherings (as defined in Section 4 below) are prohibited anywhere in the City of Denton until 11 :59 p.m. on Thursday, April 30, 2020, consistent with the Executive Order of the Denton County Judge, signed by Judge Andy Eads on March 18, 2020. 2. The City of Denton strongly urges all individuals to avoid any gatherings of more than ten (10) people. Further, individuals in high-risk populations, as defined by the CDC should avoid all gatherings. These recommendations are based on the social distancing practices promulgated by the CDC as well as the "Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non- essential gatherings during the duration of this Order in order to help slow down the spread of the COVID-19 virus. 3. All non-essential court proceedings in Municipal Court No. 1 of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office Page 1 of 3 EXHIBIT "A" of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration proceedings, and requests for temporary restraining orders. 4. Definitions: a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor event or convening, subject to the exceptions and clarifications below, that brings together or is likely to bring together fifty (50) or more persons at the same time in a single room or other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or any other confined space. b. For purposes of clarity, a "Community Gathering" does not include the following so long as visitors are generally not within arm's length of one another for extended periods: 1. spaces where persons may be in transit or waiting for transit, such as airports, bus stations, or terminals; 11. office space or residential buildings; 111. grocery stores, shopping malls, or other retail establishments where large numbers of people are present, but it is unusual for them to be within arm's length of one another for extended periods, though the City of Denton strongly urges said businesses to enforce social distancing of six ( 6) feet or more in line or queue areas and to clean self-service check-out machines between each customer; 1v. hospitals, medical facilities, and shelters; and v. jails and detention facilities. c. Specifically excluded from the definition of "Community Gathering" is the following: 1. gathering of people in multiple, separate enclosed spaces in a single building, such as a school, church, or office building, so long as 50 people are not present in any single space at the same time; 11. the use of enclosed spaces where 50 or more people may be present at different times during the day, so long as 50 or more people are not present in the space at the same time; and 111. places of employment not otherwise generally open to the public. d. For purposes of this Order, a "Social Gathering" is any indoor or outdoor event or convening, not previously included in the definition of Community Gathering, that brings together or is likely to bring together more than ten (10) people at the same time. Social gatherings include, but are not limited to, parties, backyard barbecues, social events, sporting events, and other gatherings 5. Restaurants, microbreweries, micro-distilleries, and wineries within the City may only provide take out, delivery, or drive-through services. Nothing herein should be construed to authorize violation of Texas Penal Code Section 49.031 or the Texas Alcoholic Beverage Code. 6. Bars, lounges, taverns, motion picture and stage theaters, clubs, and gyms shall close. Page 2 of 3 EXHIBIT "A" 7. All City of Denton utility non-payment shut offs are suspended during the term of this Order. 8. The City Manager is given authority to expend up to $50,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance. 9. This Order shall be effective until 11 :59 p.m. on Thursday, April 30, 2020, or until it is either rescinded, superseded, or amended pursuant to applicable law. 10. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered: a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the exception of the Planning and Zoning Commission, which shall meet only to consider applications subject to state law-imposed deadlines; b. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; c. Only electronic purchasing submissions shall be accepted; d. No development applications, variance applications, certificate of appropriateness applications, or administrative appeals requiring approval from the Planning and Zoning Commission, Zoning Board of Adjustment, Historic Landmark Commissions, or the City Council shall be accepted for the term of this Order; e. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; f. The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; g. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; and h. The City Manager is authorized to approve individual purchases up to $500,000.00 for general expenditures, which includes: fees, professional services, personal services, and other categories exempted from the bid process by the Local Government Code Section 252.022. 11 . Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City's website and in other conspicuous places. IT IS SO ORDERED, PURSUANT TO ORDINANCE NO. _ __,;2=-:0:;....--=--7 4....:....;0==----- Mayor Chris WV~,-------· City of Denton Page 3 of 3 SECOND DECLARATION OF LOCAL DISASTER FOR PUBLIC HEAL TH EMERGENCY DATE ISSUED: MARCH 24, 2020 WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-Co V2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the COVID-19 virus mainly spreads between people who are in close contact with one another through respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of widespread illness, which requires emergency action for the protection of the people of the City of Denton; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily with 200 positive or presumed positive cases across North Texas; and WHEREAS, since the original Declaration issued by the Mayor on March 13, 2020, there have been eight (8) positive COVID-19 cases in the City of Denton, with six of those being confirmed on Sunday, March 22, 2020; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton, including the limitation of all gatherings to no more than ten (10) people; and WHEREAS, this Order continues the activation of the City of Denton Emergency Management Plan; and WHEREAS, the Mayor issued a Declaration of Local Disaster due to Public Health Emergency on March 13, 2020, which was renewed and amended by the Denton City Council on March 17, 2020 (Ordinance No. 20-721) and March 20, 2020 (Ordinance No. 20-740). Now the Mayor issues this Second Declaration of Local Disaster for Public Health Emergency to implement additional measures to ensure the protection of the residents of the City of Denton, Texas. NOW, THEREFORE, BE IT DECLARED BY THE MAYOR OF THE CITY OF DENTON: 1. This Second Declaration of Local Disaster for Public Health Emergency is hereby declared and shall continue for a period of not more than seven (7) days from 11 :59 p.m., March 25, 2020 unless continued or renewed by the Denton City Council. Pagelof2 2. Pursuant to Texas Government Code Section 418.108( c) and Section 9-25 of the City of Denton Code of Ordinances, this Second Declaration of Local State of Disaster for Public Health Emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 3. Pursuant to Section 418.108(d) of the Texas Government Code, this Second Declaration of Local State of Disaster for Public Emergency continues the activation of the City of Denton emergency management plan and grants the Mayor the powers set forth in Section 9-22 of the City of Denton Code of Ordinances. 4. That this declaration shall take effect at 11 :59 p.m. on March 25, 2020. DECLARED this t J---C/~f March, 2020. City of Denton Mayor Page 2 of2 ORDER OF THE MAYOR OF THE CITY OF DENTON DATE ISSUED: MARCH 24, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. As the number of positive cases of COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the following measures described in this Order. This Order amends the Order of the City Council adopted on Friday, March 20, 2020 (Ordinance No. 20-740) for a period of not more than seven (7) days, beginning at 11 :59 p.m. on Wednesday, March 25, 2020, and continuing through 11 :59 p.m. on Wednesday, April 1, 2020. PURUSANT TO THE MAYORAL DECLARATION OF MARCH 24, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON MAYOR CHRIS WATTS HEREBY ORDERS: 1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency, originally enacted on March 13, 2020 and renewed by the City Council on March 17 and March 20, 2020, amends the Order of the City Council adopted on Friday, March 20, 2020 via Ordinance No. 20-740 for a period of not more than seven (7) days, unless continued or renewed by the City Council. The Order shall take effect at 11 :59 p.m. on Wednesday, March 25, 2020 and continue through 11:59 p.m. on Wednesday, April 1, 2020. 2. Effective as of 11 :59 p.m. on March 25, 2020: a. All individuals currently living within the City of Denton are ordered to STAY AT HOME or their current place of residence. For the purposes of this Order, residences include hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence. All persons may leave their residences only for Essential Activities, travel to businesses outside of the City of Denton, provide or perform Essential Governmental Functions, or to operate Essential Businesses, all as defined in Section 3. b. All businesses operating within the City of Denton, except Essential Businesses as defined below in Section 3, are required to cease all activities at facilities located within the City of Denton. For clarity, businesses may continue operations consisting exclusively of employees or contractors performing activities at their residences (i.e. working from home). To the greatest extent possible, all Essential Businesses shall comply with the Social Distancing Guidelines attached, including maintaining six-foot social distancing for both employees and the general public. Page 1 of 6 c. All public or private gatherings of any number of people occurring outside a single household or living unit are prohibited, except as otherwise provided herein. Nothing in this Order prohibits the gathering of members of a household or living unit (an apartment or house for use by one family). d. Restaurants and beverage bars with or without drive-in or drive-through services and microbreweries, micro-distilleries, or wineries may only provide take out, delivery, or drive-through services as allowed by law. e. Religious and worship services may only be provided by video and teleconference. All individuals preparing for or conducting video or teleconference services must follow the Social Distancing Guidelines including the six-foot social distancing. f. All elective medical, surgical, and dental procedures are prohibited anywhere in the City of Denton. Hospitals, ambulatory surgery centers, dental offices, and other medical facilities are directed to identify procedures that are deemed "elective" by assessing which procedures can be postponed or canceled based on patient risk considering the emergency need for the redirection of resources to COVID-19 response. 3. Definitions: a. For purposes of this Order, "Essential Business" means: i. Essential Healthcare Operations. Healthcare operations, including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, mental health providers, substance abuse service providers, blood banks, medical research, laboratory services, or any related and/or ancillary healthcare services. Home-based and residential-based care for seniors, adults, or children are also considered healthcare operations. Healthcare operations also includes veterinary care and all health and welfare services provided to animals. This exemption shall be viewed broadly to avoid any impacts to the delivery of healthcare. Healthcare operations do not include fitness and exercise gyms and similar facilities. Healthcare operations do not include elective medical, surgical, and dental procedures, pursuant to Section 2(f) of this Order. ii. Essential Government Functions. All services provided by local governments needed to ensure the continuing operation of the government agencies to provide for the health, safety, and welfare of the public. Further, nothing in this order shall prohibit any individual from performing or accessing "Essential Government Functions." All Essential Government Functions shall be performed in compliance with social distancing requirements of six feet, to the extent possible. State or Federal government agencies shall follow State or Federal guidance to the extent Page 2 of6 possible. iii. Essential Critical Infrastructure. Work necessary to the operations and maintenance of the critical infrastructure sectors, including public works construction, residential and commercial construction, airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, internet and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), banks, financial institutions, pawn shops, safety and security related services, retail firearm sales, defense and national security-related operations, essential manufacturing operations provided that they carry out those services or that work in compliance with social distancing requirements of six feet, to the extent possible. Essential Businesses providing essential infrastructure should implement screening precautions to protect employees, and all activity should be performed m compliance with social distancing guidelines as set forth by the CDC. iv. Essential Retail. Food service and household providers, including grocery stores, warehouse stores, big-box stores, bodegas, liquor stores, gas stations and convenience stores, and farmers' markets. Food cultivation, including farming, hunting, fishing, and livestock, to the extent allowed by law. Businesses that ship or deliver groceries, food, goods, or services directly to residences. Restaurants and other facilities that prepare and serve food, but only for drive through, delivery, or carry out. Schools and other entities that typically provide free services to students or members of the public on a pick-up and take-away basis only. The restriction of delivery or carry out does not apply to cafes and restaurants located within hospital and medical facilities. Laundromats, dry cleaners, and laundry service providers. Gas stations, auto-supply, auto and bicycle repair, hardware stores, construction supply stores, and related facilities. Businesses that supply products needed for people to work from home. v. Providers of Basic Necessities to Economically Disadvantaged Populations. Businesses, including but not limited to non-profit organizations, that provide food, shelter, social services and support for said services, and other necessities of life for economically disadvantaged or otherwise needy individuals. v1. Essential Services Necessary to Maintain Essential Operations of Residences or Other Essential Businesses. Trash and recycling collection, processing and disposal, mail and shipping services, building cleaning, maintenance, and security, warehouse/distribution and fulfillment, storage for essential businesses, funeral homes, crematoriums and cemeteries. Plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintain the Page 3 of 6 safety, sanitation, and essential operations of residences, s and Essential Businesses. Professional services, such as legal, accounting services, property management, and real-estate services, RV sales and services for housing when required to assist in compliance with legally mandated activities. Businesses that supply products needed for people to work from home. vii. News Media. Newspapers, television, radio, and other media services. viii. Childcare Services. Childcare facilities providing services that enable employees exempted in this order to work as permitted. b. For purposes of this Order, "Essential Activities" is defined as the following: 1. To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members including pets and livestock (for example, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies need to work from home); and 11. To obtain necessary food, beverage, services, or supplies for themselves and their family or household members, or to deliver those services or supplies to others (for example, food, pet supply, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences. 111. To engage in outdoor activity, provided the individuals comply with social distancing requirements of six feet (for example, walking, biking, hiking, or running). Use of public playground equipment is prohibited. 1v. To perform work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Order. v. To care for a family member or pet in another household. 4. Due to increased demand for bath or toilet tissue resulting from stock up buying and individuals who purchase for resale, retail suppliers shall use common sense rationing of household products and groceries that are in limited supply. 5. If someone in a household has tested positive for COVID-19, the household is ordered to isolate at home. Members of the household cannot go to work, school, or any other community function until cleared by a medical professional. 6. Nursing homes, retirement, and long-term care facilities are instructed to prohibit non- essential visitors from accessing their facilities unless to provide critical assistance or for end-of- life visitation. 7. This Order hereby authorizes the use of all lawfully available enforcement tools found in Denton City Code, Chapter 9 (Emergency Management), state or federal laws. Page 4 of6 8. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered continued as set forth herein: a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the exception of the Planning and Zoning Commission, which shall meet only to consider applications subject to state law-imposed deadlines; b. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; c. Only electronic purchasing submissions shall be accepted; d. No development applications listed in Table 2.2-A in the Denton Development Code shall be accepted for the term of this Order or any extension hereof; e. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; f. The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; g. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; h. The City Manager is authorized to approve individual purchases up to $500,000.00 for general expenditures, which includes: fees, professional services, personal services, and other categories exempted from the bid process by the Local Government Code Section 252.022; 1. All City of Denton utility non-payment shut offs are suspended during the term of this Order and no penalties under Ordinances 19-2140, 19-2136, 19-2137, 19-2138, or 18-1494 shall accrue during the pendency of this order or any extension hereof; and J. The City Manager is given authority to expend up to $50,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance; k. The City Manager is authorized to expend no more than an additional Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted. Page 5 of 6 9. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City's website and in other conspicuous places. Mayor Chri Watts City of Denton Page 6 of 6 FILED IN THE OFRCE OF THEMarch31,2020 SECRETARY OF STATE 2i’t’4 O’CLOCK 12020 Secreary of StateTheHonorableRuthR.Hughs Secretary of State State Capitol Room lE.8 Austin,Texas 78701 Dear Secretary Hughs: Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following: Executive Order No.GA-14 relating to statewide continuity of essential services and activities during the COVID-19 disaster. The original executive order is attached to this letter of transmittal. Respectfully submitted, In8 Clerk to the Governor GOVERNOR GREG ABBOTT Attachment POST OFFICE Box 12428 AUSTIN,TEXAS 78711 512-463-2000 (VOICE)DIAL 7-1-1 foR RELAY SERVICES xrcufhir Irbir BY THE GOVERNOR OF THE STATE OF TEXAS Executive Department Austin,Texas March 31,2020 EXECUTIVE ORDER GA14 Relating to statewide continuity of essential services aizd activities during the COVID-19 disaster. WHEREAS,I,Greg Abbott,Governor of Texas,issued a disaster proclamation on March 13, 2020,certifying under Section 418.0 14 of the Texas Government Code that the novel coronavirus (COVID-19)poses an imminent threat of disaster for all counties in the State of Texas;and WHEREAS,the Commissioner of the Texas Department of State Health Services (DSHS),Dr. John Hellerstedt,has determined that COVID-19 represents a public health disaster within the meaning of Chapter 81 of the Texas Health and Safety Code;and WHEREAS.,I have issued numerous executive orders and suspensions of Texas laws in response to the COVID-l9 disaster,aimed at protecting the health and safety of Texans and ensuring an effective response to this disaster;and WHEREAS,I issued Executive Order GA-08 on March 19,2020,mandating certain obligations for Texans in accordance with the President’s Coronavirus Guidelines for America,as promulgated by President Donald J.Trump and the Centers for Disease Control and Prevention (CDC)on March 16,2020,which called upon Americans to take actions to slow the spread of COVID-19 for 15 days;and WHEREAS,Executive Order GA-08 is subject to expiration at 11:59 p.m.on April 3,2020, absent further action by the governor;and WHEREAS,on March 29,2020,to avoid scenarios that could lead to hundreds of thousands of deaths,the President announced that,based on advice from Dr.Anthony Fauci and Dr.Deborah Birx,the restrictive social-distancing Guidelines should extend through April 30,2020;and WHEREAS,DSHS Commissioner Dr.Hellerstedt and White House Coronavirus Response Coordinator Dr.Birx say that the spread of COVID-19 can be reduced by minimizing social gatherings;,and WHEREAS,on March 28,2020,the U.S.Department of Homeland Security issued its Guidance on the Essential Critical Infrastructure Workforce,Version 2.0,which provides an advisory list of critical-infrastructure sectors,workers,and functions that should continue during the COVID 19 response;and WHEREAS,for state agencies and their employees and agents,the Office of the Attorney General of Texas has advised that local restrictions issued in response to the COVD-19 disaster do not apply to restrict the conduct of state business;and FILED IN ‘r O-UF THESECRETARYOFSTATE 2.tfr\O’CLOCK MAR 3 1 2020 Governor Greg Abbott Executive Order GA-14 March 31,2020 Page 2 WHEREAS,all government entities and businesses should be allowed to continue providing essential services during the COVID-19 disaster,and all critical infrastructure should be allowed to remain operational;and WHEREAS,the “governor is responsible for meeting ...the dangers to the state and people presented by disasters”under Section 418.011 ofthe Texas Government Code,and the legislature has given the governor broad authority to fulfill that responsibility;and WHEREAS,under Section 418.0 12,the “governor may issue executive orders ...hav[ing]the force and effect of law;”and WHEREAS,under Section 418.016(a),the “governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business ...if strict compliance with the provisions ...would in any way prevent,hinder,or delay necessary action in coping with a disaster;”and WHEREAS,under Section 418.017(a),the “governor may use all available resources of state government and of political subdivisions that are reasonably necessary to cope with a disaster;” and WHEREAS,under Section 4 18.018(c),the “governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area;”and WHEREAS,under Section 418.173,failure to comply with any executive order issued during the COVD-19 disaster is an offense punishable by a fine not to exceed $1,000,confinement in jail for a term not to exceed 180 days,or both fine and confinement. NOW,THEREFORE,I,Greg Abbott,Governor of Texas,by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas,do hereby order the following on a statewide basis effective 12:01 a.m.on April 2,2020,and continuing through April 30,2020, subject to extension based on the status of COVLD-19 in Texas and the recommendations of the CDC and the White House Coronavirus Task Force: In accordance with guidance from DSHS Commissioner Dr.Hellerstedt,and to achieve the goals established by the President to reduce the spread of COVD-19,every person in Texas shall,except where necessary to provide or obtain essential services,minimize social gatherings and minimize in-person contact with people who are not in the same household. “Essential services”shall consist of everything listed by the U.S.Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0,plus religious services conducted in churches,congregations,and houses of worship.Other essential services may be added to this list with the approval of the Texas Division of Emergency Management (TDEM).TDEM shall maintain an online list of essential services,as specified in this executive order and in any approved additions. Requests for additions should be directed to TDEM at EssentialServices@tdem.texas.gov or by visiting www.tdem.texas.gov/essentialservices. In providing or obtaining essential services,people and businesses should follow the Guidelines from the President and the CDC by practicing good hygiene,environmental cleanliness,and sanitation,implementing social distancing,and working from home if possible.In particular,all services should be provided through remote telework from FILED IN THE OFFiCE OP ‘FSECRETARYOFSTATE —2FM O1CLOcK MAR 372020 Governor Greg Abbott Executive Order GA-14 March 31,2020 Page 3 home unless they are essential services that cannot be provided through remote telework. If religious services cannot be conducted from home or through remote services,they should be conducted consistent with the Guidelines from the President and the CDC by practicing good hygiene,environmental cleanliness,and sanitation,and by implementing social distancing to prevent the spread of COVID-19. In accordance with the Guidelines from the President and the CDC,people shall avoid eating or drinking at bars,restaurants,and food courts,or visiting gyms,massage establishments,tattoo studios,piercing studios,or cosmetology salons;provided, however,that the use of drive-thru,pickup,or delivery options for food and drinks is allowed and highly encouraged throughout the limited duration of this executive order. This executive order does not prohibit people from accessing essential services or engaging in essential daily activities,such as going to the grocery store or gas station, providing or obtaining other essential services,visiting parks,hunting or fishing,or engaging in physical activity like jogging or bicycling,so long as the necessary precautions are maintained to reduce the transmission of COVID-19 and to minimize in- person contact with people who are not in the same household. In accordance with the Guidelines from the President and the CDC,people shall not visit nursing homes,state supported living centers,assisted living facilities,or long-term care facilities unless to provide critical assistance as determined through guidance from the Texas Health and Human Services Commission. In accordance with the Guidelines from the President and the CDC,schools shall remain temporarily closed to in-person classroom attendance and shall not recommence before May 4,2020. This executive order shall supersede any conflicting order issued by local officials in response to the COVD-19 disaster,but only to the extent that such a local order restricts essential services allowed by this executive order or allows gatherings prohibited by this executive order.I hereby suspend Sections 418.1015(b)and 418.108 of the Texas Government Code,Chapter 81,Subchapter E of the Texas Health and Safety Code,and any other relevant statutes,to the extent necessary to ensure that local officials do not impose restrictions inconsistent with this executive order,provided that local officials may enforce this executive order as well as local restrictions that are consistent with this executive order. Given under my hand this the 31st day of March,2020. FILED IN THE OFFICE OF THE SECRETARY OF STATE 2 1’M O’CLOCK MAR 31 2020 This executive order supersedes Executive Order GA-08,but not Executive Orders GA-09,GA- 10,GA-li,GA-12,or GA-13,and shall remain in effect and in full force until April 30,2020, unless it is modified,amended,rescinded,or superseded by the governor. GREG ABBOTT Governor Governor Greg Abbott Executive Order GA-14 March 31,2020 Page 4 ATTESTED BY: (RUTH R.HUGHS Secretary of State FILED IN THE OFFCE OF THESECRETARYOFSTATE 2.?!4 O’CLOCK MAR 3;2020