091820 Press Release - Denton City Council to Consider Declaration and Order 1O1-
`FJ60 FOR IMMEDIATE RELEASE
DENTON Ryan Adams • (940) 349-8565 • Ryan.Adams@cityofdenton.com
Denton City Council to Consider Emergency Declaration and Order
at Sept. 22 Meeting
City Council Meeting to Offer Virtual Public Commenting Options
DENTON, TX, Sept. 18, 2020—The Denton City Council will meet in a regularly scheduled
Work Session on Tuesday, Sept. 22 beginning at 1:00 p.m. Following the work session, the City
Council will consider, among other items, an extension of the current Declaration of Local
Disaster and Order of Council that is in effect through 11:59 p.m. on Wednesday, Sept. 30. The
meeting agenda and virtual commenting form will be available online at
www.cityofdenton.copl/publicmeptiM.
The current Order of Council requires all commercial and non-profit entities providing goods or
services directly to the public to have a health and safety policy requiring face coverings. A copy
of the Order of Council and its full provisions is included with this press release and can be
found online at www.cityofdenton.com.
To prevent the spread of COVID-19 (Coronavirus), this meeting will have a remote format
through a video-conferencing interface and will use the new Rules of Procedure that were
adopted during the March 31 Council meeting. Residents can watch the meeting online at
www.cityofdenton.com, on the Denton Television cable channels, or on-demand.
Due to the remote format of the Council meeting, no in-person attendance at Denton City
Hall will be permitted. To accommodate and receive input on agenda items, citizens will be
able to participate in one of the following ways (NOTE: Citizens may only comment once per
agenda item and cannot use both methods to comment on a single agenda item):
• Virtual White Card—The posted agenda is available online at
www.cityofdenton.com/publicmeeting_s. A link to the Virtual White Card, an online form,
has been 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 1 p.m.
Online commenting will not be available after the meeting begins.
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 1 p.m.,
and may continue until the agenda item is brought forward for discussion. When the call
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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.
Visit www.cityofdenton.com/coronavirus for additional updates.
Contact: Ryan Adams, (940) 349-8565, Ryan.Adams@cityofdenton.com
Visit www.cityofdenton.com for more news and to stay updated.
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20-1597
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME—RULE MUNICIPAL
CORPORATION,EXTENDING THE EFFECTIVE PERIOD OF THE DECLARED STATE OF
LOCAL DISASTER TO SEPTEMBER 30, 2020; SUPERSEDING AND REPLACING THE
EIGHTH ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED JULY 28, 2020
APPROVED BY ORDINANCE NO. 20-1423 TO PROVIDE ADDITIONAL REQUIREMENTS
AND GUIDANCE; CONFIRMING THE EXPENDITURE OF FUNDS AND AUTHORIZING
THE EXPENDITURE OF ADDITIONAL 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
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($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
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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, on June 23, 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. August 31, 2020; 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, on July 2, 2020, Governor Abbott issued Executive Order GA-29, ordering
face coverings and providing for a penalty for violation of his order and amending Executive Order
GA-28 allowing for penalties; and
WHEREAS,also on July 2,2020,Governor Abbott further amended Executive Order GA-
28 to limit gatherings to 10 people; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of the City
of Denton to extended the Declaration of Local Disaster through September 2020 and to supersede
and replace the Eighth Order of the Council of the City of Denton dated July 28, 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 extends the effective period of Declaration of Local
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Disaster executed by the Mayor on March 13, 2020 until 11:59 p.m. on September 30, 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 Ninth Order of Council, dated August 25,
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
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, June 23 through Ordinance 20-1199, June 26 through Ordinance 20-1255, and
July 28 through Ordinance 20-1423. 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 bjved
D and
seconded by aua 4.� ;the Ordinance was passed and ap by the following
vote ]
Ave 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 52020.
CHRIS WATTS, MAYOR
O �
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ATTEST:
ROSA RIOS, CITY SECRETARY
BY: KT� Y Si;C2G-rAr��
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
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EXHIBIT A
Irry
OF
DENTON NINTH ORDER OF THE COUNCIL
OF THE CITY OF DENTON
DATE ISSUED: AUGUST 25, 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 Eighth Order
of the City Council adopted on Tuesday, July 28, 2020 (Ordinance No. 20-1423).
PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COITNCIL ON AUGUST
25, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNNI ENT 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 August 25, 2020 and continue through 11:59 p.m. on September 30,
2020.
2. Effective as of 11:59 p.m. on August 25, 2020:
a. It is recommended that all individuals currently living within the City of Denton 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 non-household member when they
are outside their residence.
b. All businesses operating within the City of Denton shall abide by the regulations set out
in Gubernatorial Executive Order GA-28, signed by Governor Abbott on June 26, 2020,
amended by proclamation on July 2, and as may be further amended. The restrictions
and prohibitions of GA-28,as amended, are incorporated 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) and Texas Department of State Health Services
(DSHS), including maintaining six-foot social distancing for both employees and the
general public.
C. All individuals shall comply with the requirements set out in Gubernatorial Executive
Order GA-29, signed by Governor Abbott on July 2, 2020, and as may be further
amended. The requirements of GA-29 are incorporated herein by reference as if set out
fully herein.
d. All elective medical, surgical, and dental procedures shall comply with the requirements
of Gubernatorial Executive Order GA-19, as may be amended.
3. This Order 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 continues the policy, established in the Seventh Order in accordance with City
of Denton Code of Ordinances 2-28, granting the city manager authority 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:
a. All commercial and non-profit entities in the City of Denton providing goods or services
directly to the public are required to continue implementation of a health and safety policy
("Policy") as established in the Seventh Order.
i. The Policy must:
a. Require,at a minimum,that all employees and visitors to the entity's business
premises or other facilities wear face coverings that cover the nose and mouth
when in an area or while performing an activity that will necessarily involve
close contact or proximity to co-workers or the public. If possible, a face
shield is recommended to be worn in the event a face covering cannot be
safely worn. However, the requirement of a face covering does not apply
1. If covering the nose and mouth poses a significant mental or physical
health risk to the individual; and.
2. 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.
b. Be posted conspicuously at or near all entrances 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.
ii. The Policy may:
a. Allow individuals with an operational need to remove a face covering so long
as such operational needs are specifically addressed in the Policy.
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b. Include the implementation of other mitigating measures designed to control
and reduce the transmission of COVID-19 such as temperature checks or
health screenings.
b. In accordance with the GA-28, as amended on July 2, 2020, outdoor gatherings in excess
of 10 people are prohibited unless specifically permitted by GA-28, authorized by the
mayor, or otherwise permitted by subsequent Executive Order or amendment of GA-28.
c. In all public areas not subject to paragraph 2c or 5a,all people 10 years or older are strongly
urged to wear a face covering over their nose and mouth where it is difficult to keep six
feet away from other people or 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. In accordance with city ordinance,violations of Paragraph 5.a.may be enforced by Denton
police officers, building enforcement officers, zoning compliance officers, or community
improvement services officers.
6. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also
ordered continued as set forth herein:
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 as necessary and as resources allow,with
priority given to boards and commissions that have time-sensitive items.
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 this Order;
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h. All City of Denton utility non-payment shut offs were 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 July 31, 2020, but non-payment shut offs and penalties for non-payment of utilities
may occur beginning August 1, 2020;
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 Two Million Fifty Thousand
Dollars($2,050,000.00)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;
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);
1. 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;
in. 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:
i. Temporarily extend City-issued food establishment permit expiration until July 31,
2020 without penalty for those set to expire prior to that date;
ii. Prorate the City food establishment permit fees for the current year from twelve
(12) months down to five (5)months; and
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iii. Where such an establishment has already paid its permit fee for twelve (12)
months,reimburse said establishment an amount to reflect a prorated five(5)month
rate;
and
o. The Parks and Recreation Reopening Plan ("Park Plan") and Public Library Reopening
Plan ("Library Plan")previously adopted shall continue.
7. 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. 20-1 597
Mayor Chris Watts
City of Denton
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