20-721FILE REFERENCE FORM 20‐721
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Amended by Ordinance No. 20‐740 03/20/20 JR
Amended by Ordinance No. 20‐788 03/31/20 JR
ORDINA CE NO . 20-72 1
AN ORD I ANC E OF THE CITY Of DENTON. A TEXAS HOME-RULE MUNICIPAL
CORPORATION. EXTENDING THE :.:FFECTIVE PERIOD OF THE DECLARATION OF
EMERGENCY EXECUTED BY ri E MAYOR ON MARCH 13. 2020: TERMINATING AND
REPLACING THE ORDER OF THE MAYOR DATED MARCH 13 . 2020; AUTHORIZING
THE EXPENDIT R -OF AMOUNT N T TO EXCE D FIVE HUNDRE D FIFTY
THOUSAND DOLLARS ($550.000.00) DURING THIS PERIOD PURSUANT TO O DE OF
ORDINANC ES SECTION 9-23: AND PROVIDING AN EF F CTIVE DATE.
WHEREAS. beginning in December 2019, a novel coronavirus, now designated SARS-
o V2 which causes the disease COVID-19. has spread throughout the world and has now been
declared a global pandem ic by the World Health Organization: and
W HEREAS . symptoms of COVID-19 include fe ver. coughing. and shortness of breath,
and i n some cases tht: virus has cause d death: and
WHEREAS. the known cases ofCOVID-19 diagnosed in the State of Texas is currently
increasing daily with 18 positive or pre s um ed positive cas s across North Texa<; and several
persons under observation in Denton C ounty 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-ess nti al 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 tem porarily limiting the number of persons allowed to convene in a single
location; te mporaril y clo ing City bu ildings, facilities. and limiting certain uses thereof;
temporarily postponing all non-essential municipal court proceedings: providing reso urc s to
prevent eviction due to COVID-19 impact: and temporaril y suspending all City utility shut-offs to
residential customers: and
WHEREAS, on March 13. 2020 , th e 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 '·B:" and
WHEREAS. the City Council fmds that it is in the best interest ofthe c itizens of the City
of Denton to extend the effectiveness of the March 13, 2020 Declaration of Disaster until II :59
p.m. April30. 2020. terminate and replace the Order of th e Mayor, as detailed herein. and authorize
the expenditure o f no more than Five Hundred Fifty Thousand Dollars ($550,000.00 d uring 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 l. 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 terminated 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 ~ ~ · and
seconded by C a/lf 2 ~ t!i ;) ; the Ordinance was passed and ap roved by the following
vote [a:. -.L_f'
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:
v
v:
z 7
Abstain Absent
ATTEST:
ROSA RIOS , CITY SECRETARY
APPROVED AS TO LEGAL FORM :
AARON LE AL, CITY A TTO Y
EXHIBIT "A"
DECLARATION OF L OCAL DISASTER
FOR PUBLI C HEALTH EMERG EN CY
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 cas es across North Texas and several persons under
observation in Denton County following presumed exposure ; and
WHEREAS , extraordinary measures must be taken to contain COV ID-19 and prev ent 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 Otlice 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
approp riate measures to prevent the spread of dis ease;
NOW , 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 Ci ty of
Denton, a Texas horne-rule municipal corporation, pursuant to Section 418 .1 08(a) of the Texas
Government Code and Section 9-21 ofthe 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 418.1 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 418.1 08(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 cet1ain uses thereof; to temporarily postpone all
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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 we ll 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 I,S~y ofMarch. 2020.
~
City of Denton Mayor
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DENTON
EXHIBIT "B"
O RD ER OF T HE MAYOR OF THE CITY O F DENTON
DATE ISSUED: MARCH 13, 2020
Summary: The virus that causes 2019 Corona virus 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 vul n rable members of the community, this Order
closes certain City buildings and non-essential services or uses. This order prohibits community
gath erings oftwo 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 C O DE O F ORDINANCES AND
SECTION 416.108 OF THE TEXAS G OVERN MENT CODE, CITY OF DENTON
MAYOR CHRIS WATTS HEREBY O RD ERS:
I. Effective as of 5:00 p.m. on Friday, March 13, 2020, and continuing until 5:00p.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 ofthis 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 ofthe 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. I shall continue to hear all proceedings deemed essential by the state Office
of Court Administration, in cluding search and arrest waiTant requests. arraignments. criminal
magistrat ion 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
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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;
u. 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 withi n 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 5:00p.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.
City of Denton
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DENTON
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 ( 1 00) 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 April30, 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 CO UN CIL HEREBY ORDERS:
1. Effective as of 12:01 a.m. on Wednesday, March 18,2020, and continuing until11:59 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 Ci ty of Denton urges people not to
attend non-essential gatherings during the duration of this Order in order to help slow down the
spread ofthe 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 (1 00) or more persons at the same time in a single room or
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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 shutoffs 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 onl y to consider applications subject to state law-imposed
deadlines;
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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
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