20-1199ORDINANCE NO. 20-1199
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME—RULE MUNICIPAL
CORPORATION, EXTENDING THE EFFECTIVE PERIOD OF THE DECLARED STATE OF
LOCAL DISASTER; SUPERSEDING AND REPLACING THE FIFTH ORDER OF COUNCIL
OF THE CITY OF DENTON ISSUED MAY 29, 2020 APPROVED BY ORDINANCE 20-980;
CONFIRMING AND AUTHORIZING 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
($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, attached hereto as
Exhibit "A," and an "Order of the Mayor of the City of Denton" pursuant to the Second
Declaration, attached hereto as Exhibit "B," 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 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, the City Council finds that it
is in the best interest of the citizens of the City of Denton to supersede and replace the Fifth Order
of the Council of the City of Denton dated May 29, 2020, confirming certain previous orders, and
authorizing the additional expenditure of funds; 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 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 Sixth Order of Council, dated June 23, 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, and May 29
through Ordinance 20-980. 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.
44ald-
SECTION 6. The motion to approve this Ordinance was made b
seconded by ; the Ordinance was passed and approved by the following
vote - -'S] :
3L Nay
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:
Abstain Absent
PASSED AND APPROVED this the day of444-Kc, 2020.
04
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
0 1
CHRIS WATTS, MAYOR
EXHIBIT A
CITY
OF
DENTON
SIXTH ORDER OF THE COUNCIL
OF THE CITY OF DENTON
DATE ISSUED: JUNE 23, 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 Fifth Order
of the City Council adopted on Friday, May 29, 2020 (Ordinance No. 20-980).
PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON MAY 29,
2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 418.148 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 11:59 p.m. on June 23, 2020 and continue through 11:59 p.m. on August 31, 2020.
2. Effective as of 11:59 p.m. on June 23, 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 -26, signed by Governor Abbott on June 3, 2020,
as may be further amended. The restrictions and prohibitions of GA -26 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 DSHS,
including maintaining six-foot social distancing for both employees and the general
public.
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 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. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby
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 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;
£ 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;
Page 2 of 4
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.
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).
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:
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.
5. 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.
Page 3 of 4
IT IS SO ORDERED PURSUANT TO ORDINANCE NO. 20-1199
Mayor Chris Watts
City of Denton
Page 4 of 4