20-740FILE REFERENCE FORM 20‐740
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Other
FILE(S) Date Initials
Superseded by Ordinance No. 20‐812 4/6/20 JR
S:\Legai\Emergency Management\Amending Order of Council Ordinance-Draft-Post IC .docx
ORDINANCE NO. 20-7 40
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AMENDING THE ORDER OF COUNCIL OF THE CITY OF DENTON
ISSUED MARCH 17 ,2020 APPROVED BY ORDINANCE NO. 20-721; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-
CoV2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath,
and in some cases the virus has caused death; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily; and
WHEREAS , extraordinary measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County, including the limitation of community
gatherings and requiring individuals, groups of individuals, or property to be subject to additional
measures that prevent or control the spread of disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme
Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending
postponement of all non-essential court proceedings, minimizing staff, and taking all other
appropriate measures to prevent the spread of disease; and
WHEREAS, the Mayor of the City of Denton has determined that extraordinary measures
must be taken by temporarily limiting the number of persons allowed to convene in a single
location; temporarily closing City buildings, facilities, and limiting certain uses thereof;
temporarily postponing all non-essential municipal court proceedings; providing resources to
prevent eviction due to 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, fmding it in the best interest of the citizens of Denton, on March 17, 2020,
the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through
April30, 2020 and issued an Order of the Council of the City ofDenton, attached thereto as Exhibit
"C," including the authorization to expend no more than Five Hundred Fifty Thousand Dollars
($550,000.00) during this period to proceed with the necessary emergency responses and essential
functions not already budgeted; and
S:\Legai\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC .docx
WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for
violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such
proclamation and Chapter 9 of the City of Denton Code of Ordinances; and
WHEREAS , information about COVID-19 continues to evolve and measures must be
taken to respond to the latest information available; and
WHEREAS , following updated information on the spread of COVID-19, the City Council
finds it is in the public interest to amend the Order of Council passed March 17 , 2020; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
as if fully set out herein.
SECTION 2. The Order of Council of the City of Denton, issued March 17, 2020, is
hereby amended as shown in the attached Exhibit "A."
SECTION 3. The motion to approve this Ordinance was made b :Y)z::nf.if:...~~(L..;L_•and
seconded by::;&.«/ ~U~ ; the Ordinance was passed and a
vote r5 -c:2J :
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 Y24.&~ '2020.
CHRIS WATTS, MAYOR
S:\Legal\Emergency Management\Amending Order of Council Ordinance -Draft -Post IC .docx
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
·'.
EXHIBIT "A"
FIRST AMENDED ORDER OF THE
COUNCIL OF THE CITY OF DENTON
DATE ISSUED: MARCH 20, 2020
Summary: The virus that causes 2019 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 vulnerable members of the community, this Order
closes certain City buildings and limits non-essential services or uses. This order prohibits
community gatherings of fifty (50) persons or more within the City ofDenton beginning at 12:01
a.m. on March 21, 2020, and continuing through 11:59 p.m. on April30, 2020, as defined below.
It also prohibits social gatherings of more than ten (10) people within the City ofDenton beginning
at 12:01 a.m. on March 21,2020 and continuing through the duration of Governor Greg Abbott's
Executive Order GA 08, signed March 19, 2020. The City of Denton strongly recommends
following the social distancing protocols promulgated by the Centers for Disease Control and
Prevention (CDC). Additionally, the City of Denton urges all individuals to avoid gatherings of
more than ten (10) people and high-risk individuals, as defined by the CDC, to cancel, reschedule,
or not attend any gatherings during this time.
PURSUANT TO THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY
OF DENTON COUNCIL HEREBY ORDERS:
1. Effective as of 12:01 a.m. on Saturday, March 21, 2020, all public or private Social
Gatherings (as defmed in Section 4 below) are prohibited anywhere in the City of Denton pursuant
to Executive Order GA 08, signed by Governor Greg Abbott on March 19, 2020, for the duration
of the Executive Order, as may be amended. Further, all public or private Community Gatherings
(as defined in Section 4 below) are prohibited anywhere in the City of Denton until II :59 p.m. on
Thursday, April30, 2020, consistent with the Executive Order of the Denton County Judge, signed
by Judge Andy Eads on March 18, 2020.
2. The City ofDenton strongly urges all individuals to avoid any gatherings of more than ten
(1 0) people. Further, individuals in high-risk populations, as defined by the CDC should avoid all
gatherings. These recommendations are based on the social distancing practices promulgated by
the CDC as well as the "Implementation of Mitigation Strategies for Communities with Local
COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non-
essential gatherings during the duration of this Order in order to help slow down the spread of the
COVID-19 virus.
3. All non-essential court proceedings in Municipal Court No. 1 of the City of Denton are
postponed. All such proceedings will be rescheduled following the term of this Order. No fine,
penalty, or punishment shall issue against a party because of the postponement ordered herein.
Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office
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EXHIBIT "A"
of Court Administration, including search and arrest warrant requests, arraignments, criminal
magistration proceedings, and requests for temporary restraining orders.
4. Definitions:
a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor event or
convening, subject to the exceptions and clarifications below, that brings together or is likely
to bring together fifty (50) or more persons at the same time in a single room or other single
confmed or enclosed space, such as an auditorium, theater, stadium (indoor or outdoor),
arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or any
other confined space.
b. For purposes of clarity, a "Community Gathering" does not include the following so long
as visitors are generally not within arm's length of one another for extended periods:
1. spaces where persons may be in transit or waiting for transit, such as airports, bus
stations, or terminals;
11. office space or residential buildings;
111. grocery stores, shopping malls, or other retail establishments where large numbers
of people are present, but it is unusual for them to be within arm's length of one
another for extended periods, though the City of Denton strongly urges said
businesses to enforce social distancing of six ( 6) feet or more in line or queue areas
and to clean self-service check-out machines between each customer;
1v . hospitals, medical facilities, and shelters; and
v. jails and detention facilities.
c. Specifically excluded from the definition of "Community Gathering" is the following:
1. gathering of people in multiple, separate enclosed spaces in a single building, such
as a school, church, or office building, so long as 50 people are not present in any
single space at the same time;
11. the use of enclosed spaces where 50 or more people may be present at different
times during the day, so long as 50 or more people are not present in the space at
the same time; and
111. places of employment not otherwise generally open to the public.
d. For purposes of this Order, a "Social Gathering" is any indoor or outdoor event or
convening, not previously included in the definition of Community Gathering, that brings
together or is likely to bring together more than ten (1 0) people at the same time. Social
gatherings include, but are not limited to, parties, backyard barbecues, social events,
sporting events, and other gatherings
5. Restaurants, microbreweries, micro-distilleries, and wineries within the City may only
provide take out, delivery, or drive-through services. Nothing herein should be construed to
authorize violation of Texas Penal Code Section 49.031 or the Texas Alcoholic Beverage Code.
6. Bars, lounges, taverns, motion picture and stage theaters, clubs, and gyms shall close.
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EXHIBIT"A"
7. All City of Denton utility non-payment shutoffs are suspended during the term of this
Order .
8. The City Manager is given authority to expend up to $50,000.00 as funding to the United
Way of Denton County to assist individuals and families living in the City of Denton, who have
experienced income or job loss directly resulting from COVID-19, in eviction avoidance.
9. This Order shall be effective until 11:59 p.m. on Thursday, April 30, 2020, or until it is
either rescinded , superseded , or amended pursuant to applicable law.
10. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
ordered:
a. All City Committee, Commission, and Board meetings are suspended through the
term of this order, with the exception of the Planning and Zoning Commission,
which shall meet only to consider applications subject to state law-imposed
deadlines;
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
c. Only electronic purchasing submissions shall be accepted;
d. No development applications, variance applications, certificate of appropriateness
applications, or adm inistrative appeals requiring approval from the Planning and
Zoning Commission, Zoning Board of Adjustment, Historic Landmark
Commissions , or the City Council shall be accepted for the term of this Order;
e. The City Manager or his designee is authorized to make application for local, state,
and federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City
services, gifts, grants, equipment, supplies, and/or materials whether from private,
nonprofit, or government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event
that is or may negatively impact the health, safety, and welfare of persons within
the City; and
h. The City Manager is authorized to approve individual purchases up to $500,000.00
for general expenditures, which includes: fees, professional services, personal
services, and other categories exempted from the bid process by the Local
Government Code Section 252.022.
11 . Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places.
IT IS SO ORDERED, PURSUANT TO ORDINANCE NO. _ __,2:....:.0:...._--=-7 4...=....:0~
MayorChrisWV~ -----
City of Denton
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