2021-036 COVID-19 Disaster Declaration and Order of CouncilDate: June 4, 2021 Report No. 2021-036
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
COVID-19 Disaster Declaration and Order of Council
EXECUTIVE SUMMARY:
The City of Denton’s local disaster declaration and order of Council for a public health emergency
are both set to expire on June 30, 2021. The local disaster declaration and order were first adopted
by Mayor Watts on March 13, 2020 and have since been extended numerous times by Council
throughout the COVID-19 public health emergency.
On June 15, 2021, there will be an individual consideration item for City Council to consider
extending the local disaster declaration as a precaution, in the event a local disaster declaration
may be a requirement for federal, state, or other future disaster funding. However, staff has
analyzed the components of the current Twelfth Order of Council and proposes that an order of
Council is no longer necessary or recommended, as will be detailed below.
DISCUSSION:
History
The local disaster declaration and order was first enacted by Mayor Watts on March 13, 2020 and
has since been extended numerous times by Council throughout the COVID-19 public health
emergency as shown below.
March 13, 2020 – Mayoral Declaration of Local Disaster and Order
March 17, 2020 – Adoption of Ordinance 20-720 Extending and Modifying Mayoral
Declaration
March 20, 2020 – Adoption of Ordinance 20-740 Amending Council Declaration of
Local Disaster and Order
March 24, 2020 – Second Mayoral Declaration of Disaster and Order
March 31, 2020 – Council postponed item for consideration on Second Mayoral
Declaration of Disaster and Order
April 6, 2020 – Council approved a new Declaration of Disaster and Order
April 30, 2020 – Council extended the Declaration of Disaster and Approved a New
Order
May 5, 2020 – Council approved a New Order
May 29, 2020 – Council extended the Declaration of Disaster and Approved a New Order
June 23, 2020 – Council extended the Declaration of Disaster (Ordinance #20-1199)
June 30, 2020 – On June 26, Council approved a New Seventh Order (Ordinance #20-
1255)
July 28, 2020 – Council approved a New Eighth Order (Ordinance #20-1423)
August 25, 2020 – Council approved a New Ninth Order (Ordinance #20-1597)
Sept. 22, 2020 - Council extended the Declaration of Disaster and Approved a Tenth
Order (Ordinance #20-1845)
Date: June 4, 2021 Report No. 2021-036
Dec. 17, 2020 – Council extended the Declaration of Disaster and Approved an Eleventh
Order (Ordinance #20-2467)
March 16, 2021 – Council extended the Declaration of Disaster and Approved a Twelfth
Order (Ordinance #21-432)
The local disaster declaration establishes a state of disaster, which is the basis for orders of Council,
and can be a prerequisite for state and federal disaster funding.
The orders of Council have evolved over the course of the pandemic and have provided staff
authorization to take appropriate actions to address the public health emergency. Currently, the
Twelfth Order of Council is limited, due to restrictive state orders and a general improvement of
the public health situation, but still provides some authority and enables certain measures to be
taken.
Local Disaster Declaration Extension
As mentioned, the local disaster declaration has served two purposes: 1) to enable the City to be
eligible for certain state and federal disaster funds, and 2) to enable Council to adopt subsequent
orders promulgating the emergency response.
Through the pandemic, staff has recommended continuation of the disaster declaration to
continue eligibility for state or federal disaster funding. However, upon reviewing current
funding sources, a local declaration is not required for receipt of grant funds, including the
American Rescue Plan and CARES Act. It is also not required for any potential FEMA
reimbursement as long as a federal disaster declaration is still in place.
While staff recommends letting the order of Council expire (see below), continuing a local
disaster declaration does enable and keep the path open for Council more to quickly adopt
a new order in the future should state orders or the public health situation change.
Analysis and Recommended Expiration of Current Order of Council
The following outlines the components of the current Twelfth Order of Council and briefly
addresses why staff advises that each is no longer necessary and how they can be addressed through
established policies and processes of the City rather than through an emergency order.
Section 3 – The City Manager put in place pandemic-related administrative directives for
City facilities and workforce, many of these evolving through the course of the pandemic.
However, City facilities reopened as of June 1 and face covering requirements have been
pre-empted by order of Governor Abbott. In addition, should the public health situation
change, the authority of the City Manager to address many of these items exists under other
established policies.
Section 4 – The City has been pre-empted on any and all face covering requirements.
Section 5
o 5a – Public Meetings: Public meetings are ongoing and the frequency can be
managed internally as it has been.
o 5b – Virtual Meetings Allowance: On May 25, 2021, the City Council adopted
revised Rules of Procedure by City Council that have incorporated this language.
Date: June 4, 2021 Report No. 2021-036
o 5c – Purchasing Submittals: With facilities open, the city can return to online and
in-person submittals.
o 5d – Grant Applications: Grant applications can be performed by staff again
through established processes and timelines.
o 5e – Acceptance of Grants/Donations: This can return to being done through
established channels by bringing an item forward to City Council. Donations and
other resources are not being requested or offered.
o 5f – Special Events: Staff does not believe this provision for the City Manager to
cancel events was used during the emergency as state orders were adhered to and
staff sought Council’s direction on special events on multiple occasions. Given
current state orders and CDC guidelines, staff does not anticipate a need to restrict
events.
o 5g – Single Spend Authorization: Staff does not anticipate further emergency
spending, but such spending may be brought to Council for approval as necessary.
o 5h – Total Spend Authorization: Staff does not anticipate additional emergency
spending that could not be brought to Council for approval.
Section 6 – Waiving of Utility Fees: Staff does not have an operational need to continue
waiving these fees. Available utility assistance funding will cover the costs of fees if the
customer qualifies. Staff will need to begin communications to inform customers that the
established policies for fees will resume, and staff will continue communications to inform
customers how they can get connected with utility assistance if needed.
Section 7 – Additional Utility Assistance Funding: There is funding available through the
United Way of Denton County and Interfaith Ministries. The authorization of additional
funding to Interfaith through the order will be addressed through a council-approved
budget adjustment of $125,000 at the end of the year.
CONCLUSION:
With limited work session time available and to respect Council’s time, staff has prepared an item
for Individual Consideration for June 15 for Council to consider extending the disaster declaration
and letting the twelfth order of council expire.
Council Options for June 15:
Approve the item, extending the disaster declaration until Sept. 30, 2021 and letting the
twelfth order of Council expire;
Not approve the item and request changes for reconsideration on the June 22 Council
agenda; or
Not approve the item, expiring both the disaster declaration and the twelfth order of
Council.
This ISR is intended to provide Council advanced information and notice of staff’s analysis and
recommendations in advance of the June 15 meeting. If you have any questions, please contact
Sarah Kuechler or Ryan Adams.
Date: June 4, 2021 Report No. 2021-036
ATTACHMENTS:
Ordinance 21-432 adopted on March 16, 2021 containing the current local disaster declaration
and twelfth order of council
STAFF CONTACT:
Sarah Kuechler
Chief of Staff
Ryan Adams
Director of Customer Service and Public Affairs
ORDINANCE NO. 21-432
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 JUNE 30, 2021; SUPERSEDING AND REPLACING THE
ELEVENTH ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED DECEMBER 17,
2020 APPROVED BY ORDINANCE NO. 20-2467; 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
presents a hazard to public health; 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
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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
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 3 1, 2020; and
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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 3 1, 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, on August 25, 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. September 30, 2020; and
WHEREAS, on September 17, 2020, Governor Abbott issued Executive Order GA-30,
amending and superseded GA-28; and
WHEREAS, also on September 17, 2020, Governor Abbott issued Executive Order GA-
31, amending and superseding GA-19; and
WHEREAS, on September 22, 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 December 3 1, 2020; and
WHEREAS, on October 7, 2020, Governor Abbott issued Executive Order GA-32,
superseding GA-30; and
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WHEREAS, on December 17, 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 March 3 1, 2021; and
WHEREAS, on March 2, 2021, Governor Abbott issued Executive Order GA-34,
superseding GA- 17, GA-25, GA-29, GA-31, and GA-32; and
WHEREAS, Governor Abbott has renewed the disaster declaration for the State of Texas
every 30 days, most recently on March 6, 2021; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of the City
of Denton to extend the Declaration of Local Disaster through June 2021 and to supersede and
replace the Eleventh Order of the Council of the City of Denton dated December 17, 2020, and
confirming certain previous orders; 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
Disaster executed by the Mayor on March 13, 2020 until 1 1 :59 p.m. on June 30, 2021 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 Twelfth Order of Council, dated March 16,
2021, 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, July
28 through Ordinance 20-1423, August 25 through Ordinance 20-1597, September 22, 2020
through Ordinance 20-1845, and December 17, 2020 through Ordinance 20-2467. 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.”
SECTION 6. The motion to approve this Ordinance was made by aliSe Shy,-S and
se””ded by (3esQq& A DaVeth ; the Ordin'nce was pass'd and approved by the followingvote
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Aye
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Nay Abstain Absent
Gerard Hudspeth, Mayor:
Birdia Johnson. District 1 :
Connie Baker. District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the /#&d,y.£ ZZam/. 2021
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ATTEST:
ROSA RIOS, CITY SECRETARY
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BY: b
APPROVED AS TO LEGAL FORM:
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EXHIBIT A
DETTON TWELFTH ORDER OF THE COUNCIL
OF THE CITY OF DENTON
DATE ISSUED: MARCH 16, 2021
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. As the number of positive cases of COVID-19 continue to present a public
health concern 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 Eleventh Order of the
City Council adopted on Tuesday, December 17, 2020 (Ordinance No. 20-2467).
PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON MARCH
16, 2021 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 1 1:59 p.m. on March 16, 2021 and continue through 1 1:59 p.m. on June 30, 2021.
2. 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
3 . 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
4. All businesses and establishments in the City of Denton must abide by Governor Abbott’s
Executive Order GA-34, as it may be amended, preempted, or superseded. All businesses and
establishments in the City of Denton are strongly encouraged to continue to follow and implement
the health and safety precautions and recommendations promulgated by the Centers for Disease
Control and Prevention (CDC), as they may be amended or updated. In addition, all businesses
and establishments in the City of Denton are encouraged to educate their customers and patrons
on health and safety precautions, including the use of signage at the entrances to the business or
establishment.
5. 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:
1.
11 .
111.
IV.
The Planning and Zoning Commission shall meet no more than twice per month;
The Public Utilities Board shall meet no more than twice per month;
The Civil Service Commission shall meet as needed; and
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;
h. The City Manager is authorized to expend no more than Three Million Five Hundred
Thousand Dollars ($3,500,000.00) total, including previously authorized funds, from the
general fund reserve balance during this period to proceed with the necessary emergency
responses and essential functions not already budgeted.
6. No penalties for non-payment of utilities under Ordinances 20-1553, 20-1549, 19-2137, 20-
1551, or 18-1494 shall accrue during the pendency of this order; and
7. The City Manager is authorized to expend no more than One Hundred and Twenty-Five
Thousand Dollars ($ 125,000.00), in addition to currently budgeted funds, from the utility fund
reserve balance during this period to provide additional utility payment assistance to qualifying
customers.
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.
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IT IS so ORDERED PURSUANT TO ORDINANCE NO. 21-432
/r d/- ',,“:
Mayor Gerard Hudspeth
City of Denton
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