HomeMy WebLinkAbout2020-06-26 Agenda with BackupCity Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Council Work Session Room1:00 PMFriday, June 26, 2020
SPECIAL CALLED/EMERGENCY MEETING
Pursuant to the provisions of Chapter 551, V.T.C.A., Government Code, notice is hereby given of a Special
Called/Emergency 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 Friday, the 26th day of
June, 2020, at 1:00 p.m.
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 special called/emergency meeting
via video/teleconference.
REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL
Due to COVID-19 precautions, members of the public will not be able to attend the Friday, June 26,
2020 City Council Special Called/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. Public comments are not held for work session reports.):
• Virtual White Card – On June 25, 2020, 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. Comments may
be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed.
Similar to when a citizen submits a 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.
City Council Members review comments received in advance of the meeting and take that public input into
consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards
submitted in support or opposition to an item during the public comment period. Comments will not be
read during the meeting. The City Secretary will reflect the number of comments submitted in
favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes
of the Meeting, as applicable.
OR
Page 1 Printed on 10/15/2020
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June 26, 2020City Council Meeting Agenda
• By phone – Citizens wishing to speak over the phone during this Council meeting, may call (940)
349-7800 up to 30 minutes prior to the meeting start time. Comments by phone will be accepted until the
item is opened for discussion by the Council. 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, 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.
NOTE: Any item for which a formal action at the Special Called/Emergency Meeting has been
taken by Council may be subject to a request for a motion for reconsideration at any time during the
meeting, at the Concluding Items Section, 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.
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.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Special Called/Emergency Meeting on Friday, June 26, 2020, at 1:00 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:
1. ITEM FOR INDIVIDUAL CONSIDERATION
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, confirming the effective period of the declared state of local disaster;
superseding and replacing the Sixth Order of Council of the City of Denton issued June
23, 2020 approved by ordinance 20-1199, to provide additional requirements and
guidance, including requiring certain businesses to implement a Health and Safety Policy;
confirming the expenditure of funds; providing a repealer clause; and providing an
effective date.
ID 20-1255A.
Exhibit 1 - Agenda Information Sheet 06 26 20
Exhibit 2 - Chamber Survey Results
Exhibit 3 - COVID Presentation 06 26 20 Final
Exhibit 4 - Draft Ordinance & Order
Attachments:
C E R T I F I C A T E
I certify that the above notice of Special Called/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 25th day of June, 2020 at 5:17 p.m.
__________________________________________
CITY SECRETARY
Page 2 Printed on 10/15/2020
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June 26, 2020City Council Meeting Agenda
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 10/15/2020
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1255,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,confirming
the effective period of the declared state of local disaster;superseding and replacing the Sixth Order of Council
of the City of Denton issued June 23,2020 approved by ordinance 20-1199,to provide additional requirements
and guidance,including requiring certain businesses to implement a Health and Safety Policy;confirming the
expenditure of funds; providing a repealer clause; and providing an effective date.
City of Denton Printed on 6/25/2020Page 1 of 1
powered by Legistar™4
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: June 26, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
confirming the effective period of the declared state of local disaster; superseding and replacing the Sixth
Order of Council of the City of Denton issued June 23, 2020 approved by ordinance 20-1199, to provide
additional requirements and guidance, including requiring certain businesses to implement a Health and
Safety Policy; confirming the expenditure of funds; providing a repealer clause; and providing an
effective date.
BACKGROUND
On Tuesday, June 23, City Council extended the local disaster declaration for a public health emergency
and approved a new sixth order of Council until August 31, 2020.
An emergency called meeting of City Council has been called to consider a new order that provide for
additional requirements and guidance, including requiring certain businesses to implement a Health and
Safety Policy.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
June 23 – Council extended the Declaration of Disaster and Approved a New Sixth Order
May 29 – Council extended the Declaration of Disaster and Approved a New Order
May 5 – Council approved a New Order
April 30 – Council extended the Declaration of Disaster and Approved a New Order
April 6 – Council approved a new Declaration of Disaster and Order
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
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Chamber of Commerce Survey Results
Exhibit 3 – Presentation
Exhibit 4 – Draft Ordinance and Order
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
5
Respectfully submitted:
Sarah Kuechler
Chief of Staff
6
MASKS:Can we still do business?
Q1 w
Q2 w
45.45%65
54.55%78
Even though there is no official mandate in place, are you
currently requiring patrons to wear masks in your
establishment?
Answered: 143 Skipped: 1
TOTAL 143
YesYesYesYesYes
NoNoNoNoNo
ANSWER CHOICES RESPONSES
Yes
No
62.94%90
37.06%53
Are you in favor of a municipal order mandating that all
Denton businesses require patrons to wear masks?
Answered: 143 Skipped: 1
TOTAL 143
YesYesYesYesYes
NoNoNoNoNo
ANSWER CHOICES RESPONSES
Yes
No
144 responses Share Link https://www.surveymonkey.com/results/SM-DPVPVHM37/TweetCOPY Share
÷ wSIGN UP FREE
Page 1 of 3MASKS: Can we still do business? -Responses | SurveyMonkey
6/26/2020https://www.surveymonkey.com/results/SM-DPVPVHM37/
7
Q3 w
Q4 w
Q5 w
58.04%83
41.96%60
If patrons do not have their own mask, are you able to
provide them with one?
Answered: 143 Skipped: 1
TOTAL 143
YesYesYesYesYes
NoNoNoNoNo
ANSWER CHOICES RESPONSES
Yes
No
71.33%102
26.57%38
If a mask-mandate is instituted, will patrons without a
mask still be able to access your services? i.e. you will
offer pickup or delivery services/ virtual services?
Answered: 143 Skipped: 1
TOTAL 143
Comments(38)
YesYesYesYesYes
NoNoNoNoNo
ANSWER CHOICES RESPONSES
Yes
No
144 responses Share Link https://www.surveymonkey.com/results/SM-DPVPVHM37/TweetCOPY Share
÷ wSIGN UP FREE
Page 2 of 3MASKS: Can we still do business? -Responses | SurveyMonkey
6/26/2020https://www.surveymonkey.com/results/SM-DPVPVHM37/
8
Check out our sample surveys and create your own now!
Powered by
29.86%43
68.75%99
Will requiring patrons to wear masks hurt your ability to
conduct business?
Answered: 144 Skipped: 0
TOTAL 144
Comments(45)
YesYesYesYesYes
NoNoNoNoNo
ANSWER CHOICES RESPONSES
Yes
No
144 responses Share Link https://www.surveymonkey.com/results/SM-DPVPVHM37/TweetCOPY Share Share
÷ wSIGN UP FREE
Page 3 of 3MASKS: Can we still do business? -Responses | SurveyMonkey
6/26/2020https://www.surveymonkey.com/results/SM-DPVPVHM37/
9
Item #20-1255Emergency City Council MeetingJune 26, 20201Friday, June 26, 202010
Background2•On Tuesday, June 23, Council extended the local disaster declaration for public health emergency and approved a new Sixth Order effective through August 31 (Ordinance #20-1199)•City Council was also briefed and discussed Governor Abbott’s recent announcement that local governments can require businesses to require employees and customers to wear masks and still be consistent with his executive order GA-26•May issue local orders imposing fines on businesses for failure to require employees and customers to wear masks, but may not impose fines on individuals for not wearing masks•Since that time, several of the state’s largest counties have ordered businesses to require employees and customers to wear face masks•Denton County is not considering at this timeFriday, June 26, 202011
Background•Other Recent State Actions•June 23, 2020 amendment to GA-26•For any outdoor gathering over 100 people,…the county judge or mayor, as appropriate, in consultation with the local public health authority, may impose additional restrictions•Lowered threshold from 500 people•June 25, 2020 issuance of GA-27•Hospitals in Bexar, Dallas, Harris, or Travis counties shall postpone all surgeries that are not medically necessary to preserve hospital capacity•June 25, 2020 announcement that reopening phases are paused3Friday, June 26, 202012
Background•Other Recent State Actions•June 26, 2020 issuance of GA-28•People shall not visit bars (at least 51% sales from alcohol) as of noon on Friday, June 26, 2020•Restaurants (less than 51% sales from alcohol) limited 50% capacity beginning Monday, June 29, 2020•All events of over 100 persons are prohibited unless the mayor of the city in which the gathering is held approves of the gathering and such approval can be made subject to certain conditions or restrictions not inconsistent with GA-284Friday, June 26, 202013
Draft Order for Consideration•Based upon direction and other local orders issued, staff drafted an amended Order for Council consideration •Would require all commercial entities providing goods or services directly to the public to develop and implement a health and safety policy (“Policy”)•At a minimum, Policy must require that all employees or visitors must wear face coverings in an area or while performing an activity which will necessarily involve close contact or proximity to co-workers or the public •Policy may also include the implementation of other mitigating measures, such as a temperature checks or health screenings•Policy must be posted in a conspicuous location sufficient to provide notice•Failure to develop and implement the Policy within five (5) calendar days of the Order may result in a fine not to exceed $500 for each violation5Friday, June 26, 202014
Draft Order for Consideration•The requirement of a face covering does not apply if:•Covering the nose and mouth poses a significant mental or physical health risk to the individual•When an individual is consuming a food or beverage or receiving a service where the wearing of a face covering would impair the performance of the service•All people 10 years or older are strongly urged to wear a face covering over their nose and mouth when in an area open to the public where it is difficult to keep six feet away from other people•Face coverings may include homemade masks, scarves, bandanas, or a handkerchief•Consistent with Executive Order GA-28, no civil or criminal penalty will be imposed on individuals for failure to wear a face covering6Friday, June 26, 202015
Draft Order for Consideration•Per Governor’s GA-28 order this morning, all events of over 100 persons are prohibited unless the mayor of the city in which the gathering is held approves of the gathering and such approval can be made subject to certain conditions or restrictions not inconsistent with GA-28•Staff spoke with the Denton County Public Health Director this morning. He advises that no outdoor gatherings over 100 people should take place at this time•Draft order includes a provision to prohibit outdoor gatherings in excess of 100 people are prohibited unless specifically permitted by GA-287Friday, June 26, 202016
Chamber of Commerce Survey •Chamber sent out a survey to its membership to inquire about face masks (Exhibit 2) with 144 businesses responding (also distributed to Denton Main Street Association members)•Note: Chamber has 670 members, and there are roughly 4,000-,6000 businesses in Denton depending upon how it is calculated8Friday, June 26, 202017
Business Outreach and Education•Broad-based communications•Press and media outreach•Social media•Utilize existing business networks•Chamber of Commerce•Business Associations•Direct mail outreach to businesses •Based upon timeline, mail would not reach mailboxes likely until mid/late next week•Continue to produce and offer signage to businesses to use9Friday, June 26, 202018
Business Education and Enforcement•Residents could report concerns through EngageDenton app or www.engagedenton.com•If concerns received via phone or other methods, staff would redirect resident to enter into EngageDenton or enter on their behalf•Need to be entered through EngageDenton to assign staff and follow-up•Education would be primary focus•Process and Expectations:•Staff would call or visit business to inform and educate them on the order and measures for health & safety •Due to limited staffing, immediate responses to a reported concern should not be expected•Code Enforcement and Development Services staff would perform outreach and visits; Police would not be responding•Order still provides that masks are not required where social distancing and separation is possible10Friday, June 26, 202019
Business Education and Enforcement•Issuance of a citation would be last tool •The following general guidance would be considered before issuing a citation:•Has the business created a policy?•Has the business posted the policy in a location so customers can see it?•Has the business posted signs on doors saying that masks are required?•Do employees tell customers that masks are required?•Has the business taken other mitigating measures through the policy such as social distancing or barriers?•Acknowledgement that there may be individuals who do not comply or work around the system while at the business and the intent would not be to punish the business for the actions of these individuals•Recommend only addressing businesses who are not making a good faith effort to implement the requirement based upon the guidance questions posed above11Friday, June 26, 202020
Questions?1221
13https://dentonrc.com/coronavirus_outbreak/record‐high‐covid‐19‐cases‐reported‐one‐additional‐death/article_3e4774a6‐87b8‐5305‐9b3d‐f8645c43d5ba.html22
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME–RULE MUNICIPAL
CORPORATION, CONFIRMING THE EFFECTIVE PERIOD OF THE DECLARED STATE
OF LOCAL DISASTER; SUPERSEDING AND REPLACING THE SIXTH ORDER OF
COUNCIL OF THE CITY OF DENTON ISSUED JUNE 23, 2020 APPROVED BY
ORDINANCE 20-1199 TO PROVIDE ADDITIONAL REQUIREMENTS AND GUIDANCE,
INCLUDING REQUIRING CERTAIN BUSINESSES TO IMPLEMENT A HEALTH AND
SAFETY POLICY; CONFIRMING 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 number of 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
23
($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, and an “Order of the
Mayor of the City of Denton” pursuant to the Second Declaration, 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 preempted local ordinances, declarations, and orders in
conflict with it; and
WHEREAS, in compliance and to be consistent with GA-14, the City Council passed a
Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council;
and
WHEREAS, Governor Abbott issued Executive Order GA-16 on April 17, 2020,
superseding GA-14, allowing retail stores to reopen under certain conditions and using certain
procedures; and
WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA-18, further
ordering that people minimize social gatherings and in-person contact with people not in the same
household except where necessary to obtain essential or reopened services, and still expressly
preempting local ordinances, declarations, and orders in conflict with his orders; and
WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and
Executive Order of the Denton County Commissioners Court, which extended the emergency
declaration through May 15, 2020 and incorporated the provisions of GA-18 and the social
distancing guidelines promulgated by the Centers for Disease Control; and
WHEREAS, on April 30, 2020, the City Council in compliance and to be consistent with
the Governor’s Executive Orders and the County Orders, extended the effectiveness of the
Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent
proclamation renews the Texas Governor’s disaster proclamation; and
24
WHEREAS, on May 5, 2020, the City Council in compliance and to be consistent with the
Governor’s Executive Orders and the County Orders, extended the effectiveness of the Declaration
of Local Disaster until 11:59 p.m. May 31, 2020; and
WHEREAS, on May 29, 2020, the City Council in compliance with and to be consistent
with the Governor’s Orders, extended the effectiveness of the Declaration of Local Disaster until
11:59 p.m. June 30, 2020; and
WHEREAS, on June 3, 2020, Governor Abbott issued Executive Order GA-26, ordering
that people should not be in groups larger than ten and should maintain a distance of six feet of
social distancing from those not in their group, and still expressly preempting local ordinances,
declarations, and orders in conflict with his orders; and
WHEREAS, on June 23, 2020, Governor Abbott amended Executive Order GA-26,
permitting county judges and mayors to place additional restrictions on outdoor gatherings
estimated to consist of 100 people or more; and
WHEREAS, Governor Abbott has indicated that local governments may require businesses
to develop Health and Safety policies; and
WHEREAS, on June 26, 2020, Governor Abbott issued Executive Order GA-28, ordering
that certain businesses return to 50 percent of occupancy limits and prohibiting certain gatherings
and visiting bars; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of the City
of Denton to supersede and replace the Sixth Order of the Council of the City of Denton dated
June 26, 2020, confirming certain previous orders, and providing additional requirements and
guidance; 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, Council confirms the effective period of Declaration of Local
Disaster executed by the Mayor on March 13, 2020 until 11:59 p.m. on August 31, 2020 and shall
be further extended to the same date as any proclamation by the Governor of the State of Texas
renewing the original March 13, 2020 COVID-19 proclamation in the interest of public health and
safety in an attempt to prevent the spread of COVID-19, unless further extended, revised, or
terminated by law.
SECTION 3. The Council hereby adopts the Seventh Order of Council, dated June 26,
2020, attached hereto as Exhibit “A.”
SECTION 4. 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
25
Ordinance 20-420, March 20, 2020 through Ordinance 20-740, April 6, 2020 through Ordinance
20-812, April 30 through Ordinance 20-873, May 5 through Ordinance 20-923, May 29 through
Ordinance 20-980, and June 23 through Ordinance 20-1199. To the extent those prior Orders
conflict with the Order herein passed, they are repealed.
SECTION 5. The City Council confirms the expenditure authority as further specified in
Exhibit “A,” including the authority previously granted to the City Manager to execute an
Amendment with the United Way of Denton County Inc. regarding funds previously budgeted for
the Barriers Fund.
SECTION 6. 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
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BY: __________________________________
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EXHIBIT A
SEVENTH ORDER OF THE COUNCIL OF THE CITY OF DENTON
DATE ISSUED: JUNE 26, 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 Sixth Order of the City Council adopted on Tuesday, June 23, 2020 (Ordinance No. 20-1199).
PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON JUNE 23, 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 toordinance, supersedes and replaces the prior Orders of the Mayor and of Council. The Order shalltake effect at 11:59 p.m. on June 26, 2020 and continue through 11:59 p.m. on August 31, 2020.
2. Effective as of 11:59 p.m. on June 26, 2020:
a.It is recommended that all individuals currently living within the City of Denton stay athome 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 areusing shared or outdoor spaces, they must at all times as reasonably as possible maintainsocial distancing of at least six feet from any other non-household member when theyare outside their residence.
b.All businesses operating within the City of Denton shall abide by the regulations set outin Gubernatorial Executive Order GA-28, signed by Governor Abbott on June 26, 2020,and as may be further amended. The restrictions and prohibitions of GA-28 areincorporated herein by reference as if set out fully herein. To the greatest extent possible,all business establishments shall comply with the Social Distancing Guidelines
promulgated by the United States Centers for Disease Control and Prevention (CDC) andTexas DSHS, including maintaining six-foot social distancing for both employees andthe general public.
c.All elective medical, surgical, and dental procedures shall comply with the requirements
of Gubernatorial Executive Order GA-19, as may be amended.
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Page 2 of 5
3. 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.
4. This Order establishes as policy in accordance with City of Denton Code of Ordinances 2-
28 the authority of the city manager to create standard operating procedures and administrative directives as necessary during the duration of the Declaration of Local Disaster associated with this Order, and any extensions thereof, to protect the safety of employees and the public, including adopting procedures and directives related to personnel, or to open, close, or otherwise alter the
operation of facilities or services of the City of Denton.
5. Effective as of 11:59 p.m. on June 26, 2020 (“Effective Date”) and continuing until 11:59
p.m. on August XX, 2020, unless extended, modified, or terminated early:
a. From the Effective Date of this Order, all commercial and non-profit entities in the City of
Denton providing goods or services directly to the public must develop and implement a
health and safety policy (“Policy”). The Policy must require, at a minimum, that all
employees and visitors to the entity’s business premises or other facilities wear face
coverings when in an area or while performing an activity which will necessarily involve
close contact or proximity to co-workers or the public. The Policy may allow individuals
with an operational need to remove a face covering so long as such operational needs are
specifically addressed in the Policy. The Policy may also include the implementation of
other mitigating measures designed to control and reduce the transmission of COVID-19
such as temperature checks or health screenings. The Policy must be posted at or near the
entrance of any commercial or non-profit entity in the City of Denton in clear view of any
employees or members of the public entering the business.
b. Outdoor gatherings in excess of 100 people are prohibited unless specifically permitted by
GA-28.
c. All people 10 years or older are strongly urged to wear a face covering over their nose and
mouth when working in areas that involve proximity with coworkers. The CDC advises
face coverings for people 2 years or older. Face coverings may include homemade masks,
scarves, bandanas, or a handkerchief. City of Denton residents should continue to maintain
social distancing of at least six feet while outside their home.
d. The requirement of a face covering does not apply if covering the nose and mouth poses a
significant mental or physical health risk to the individual. The requirement of a face
covering also does not apply when an individual is consuming a food or beverage or
receiving a service where the wearing of a face covering would impair the performance of
the service.
6. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered continued as set forth herein:
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a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the following exceptions: i. The Planning and Zoning Commission shall meet no more than twice per month;
ii. The Public Utilities Board shall meet no more than twice per month;
iii. The Civil Service Commission shall meet as needed; and iv. Other boards and commissions shall meet only as necessary to consider time-sensitive items critical for the continued operation of the City and provision of services to the public.
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. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; e. 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; f. 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;
g. 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;
h. All City of Denton utility non-payment shut offs are suspended until 11:59 p.m. on June
30, 2020 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 time period between March 13, 2020 and June 30, 2020, but non-payment shut offs and penalties for non-payment of utilities may occur beginning July 1, 2020; and
i. The City Manager is given authority to expend those previously budgeted funds of up to $100,000.00 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;
j. The City Manager is authorized to expend no more than One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) total, including previously authorized funds, from the general fund reserve balance during this period to proceed with the necessary emergency responses and essential functions not already budgeted, which includes the previously
authorized.
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k. The City Manager is authorized to expend no more than the previously authorized 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).
l. All non-essential in-person 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. Court proceedings that may be conducted remotely may be held at their scheduled time or rescheduled during the term of this order if such proceeding has already been
postponed. No fine, penalty, or punishment shall issue against a party because of the
postponement ordered herein or by prior Order of Council. 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 All court
proceedings in the Municipal Court No. 1 of the City of Denton shall comply with the
guidance and requirements promulgated by the state Office of Court Administration. In-person proceedings will recommence as provided by the Office of Court Administration and approved by the Regional Judge.
m. 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. n. For business establishments that have more than fifty-one percent (51%) of their gross
receipts from the sale of alcoholic beverages, the City Manager is authorized to take the
following actions:
1. Temporarily extend City-issued food establishment permit expiration until July 31, 2020 without penalty for those set to expire prior to that date; 2. Prorate the City food establishment permit fees for the current year from twelve (12) months down to seven (7) months; and 3. Where such an establishment has already paid its permit fee for twelve (12) months,
reimburse said establishment an amount to reflect a prorated seven (7) month rate. o. The Parks and Recreation Reopening Plan (“Park Plan”) and Public Library Reopening Plan (“Library Plan”) previously adopted shall continue as adopted.
7. Violations of any provision of this Order may be enforced by Denton police officers, building enforcement officers, zoning compliance officers, or community improvement services officers. Each day this Order is violated is a separate offense. Violations of this Order may be enforced in accordance with state law or city ordinance.
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. ___________
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_________________________________ Mayor Chris Watts City of Denton
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