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20-1756ORDINANCE NO 20- 1756 AN ORDINANCE OF TI-IE CITY OF DENTON, A TEXAS IIOME-RULE MUNICIPAL CORPORATION, EXTENDING THE EFFECTIVE PERIOD OF THE DECLARATION OF DISASTER EXECUTED BY THE MAYOR ON SEPTEMBER 1, 2020 REGARDING THE IN ACTIVE PRIVATE WATER SYSTEM WHICII SERVED GREEN TREE ESTATES; AUTHORIZING THE EXPENDITURE OF AMOUNTS NOT TO EXCEED $ 10,000 DURING THIS PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Green Tree Estates Subdivision is a residential subdivision of 52 lots located within the southern limits of the City of Denton; WHEREAS, water service for the residents of Green Tree Estates was provided by a private water provider with a privately maintained water well and distribution infrastructure system all contained and located within the Green Tree Estates subdivision; WHEREAS, the private water service ceased operation on November 15, 2019 and remains lnactlve; WHEREAS, the Declaration of Disaster executed on November 13, 2019, and extended, through multiple actions of Council, until August 3 1, 2020, has expired; WHEREAS, the cessation of the operation of the private water service of Green Tree Estates constitutes an imminent public health and safety emergency for the Green Tree Estates residents as they will be without potable water for consumption and personal hygiene; WHEREAS, the Mayor has determined that extraordinary measures should continue to be taken by offering to provide the citizens of Green Tree Estates with the temporary provision of (i) potable water in small sealed containers for consumption and (ii) personal hygiene, non-potable water in larger containers for other use (including the operation of toilets; WHEREAS9 on September 1, 2020, the Mayor executed a Declaration of Disaster regarding Green Tree Estates (a copy is attached as Exhibit “A“); WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Denton to extend the effectiveness of the September 1, 2020 Declaration of Disaster until September 15, 2020 and authorize the expenditure of no more than $10,000 during this period to offer the residents of Green Tree Estates potable water in small sealed containers for consumption and personal hygiene and non-pot,Ale water in larger containers for other use (including the operation of toilets); NOW. THEREFORE, THE COUNCII, OF THE CITY OF DENTON l-IEREBY ORDAINS : SECTION 1. The facts, circumstances and recitations contained in the preamble of this Ordinance are found and declared to be true and correct; SECTION 2. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 3. Pursuant to Section 418.108(b), Texas Government Code, and Section 9- 27, City of Denton Code of Ordinances, the effective period of attached Declaration of Disastcl executed by the Mayor on September 1, 2020 is extended until September 15, 2020 to offer the residents of Green Tree Estates potable water in small sealed containers for consumption and personal hygiene and non-potable water in larger containers for other use (including the operation of toilets) ; SECTION 4. That the City Manager, or his designee, is authorized to expend from budgeted funds not more than $10,000 during the period set forth above to offer the residents of Green Tree Estates potable water in small sealed containers for consumption at cost and personal hygiene and non-potable water in larger containers for other use (including the operation of toilets); and SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by \k,\o Q( fn, o, tog , seconded by PCb_\; \ Iv\e \fLee , and was passed and approved by the following vote [ - ] : Aye \/ \/r jr 3£ \/ Nay Abstain Absent Mayor Chris Watts: 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/ PASSED AND APPROVED on the \ S_k day ofSeptem fr, 2020 NiAYOkabi?swTrts ROSA RIOS, CITY SECRETARY ATTEST BY: b ZZ.),/Z. Jar? , APPROVED AS TO LEGAL FORM AARON L, CITY A’l'TORNE // fdI LL/c/F-LBY DECLARATION OF DISASTER WHEREAS, the Green Tree Estates Subdivision is a residential subdivision of 52 lots located within the southern limits of the City of Denton; WHEREAS, water service for the residents of Green Tree Estates is provided by a private water provider with a privately maintained water well and distribution infrastructure system all contained and located within the Green Tree Estates subdivision; WHEREAS, the private water provider notified the residents less than thirty days ago that the private water service ceased operation on November 15, 2019; WHEREAS, the cessation of the operation of the private water service of Green Tree Estates constitutes an imminent public health and safety emergency for the Green Tree Estates residents as they will be without potable water for consumption and personal hygiene; WHEREAS, the Mayor of has determined that extraordinary measures must be taken by offering to provide the citizens of Green Tree Estates with the temporary provision of potable water in small sealed containers for consumption and personal hygiene, non-potable water in larger containers for other use (including the operation of toilets), and large containers for storage of non- potable water; NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION: 1. That a local state of disaster is declared for the Green Tree Estates subdivision located in the City of Denton, pursuant to Section 418.108(a), Texas Government Code, and Section 9-21, City of Denton Code of Ordinances; 2. Pursuant to Section 418.018(b), Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or renewed by the City Council of the City of Denton; 3. Pursuant to Section 418.018(c), Texas Government Code, and Section 9-25, City of Denton Code of Ordinances, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary; 4. This declaration of local state of disaster for the Green Tree Estates subdivision grants the Mayor the powers set forth in Section 9-22, City of Denton Code of Ordinances, to enable the City to offer the residents of Green Tree Estates potable water in small sealed containers for consumption and personal hygiene, non-potable water in larger containers for other use (including the operation of toilets), and large containers for storage of non-potable water; and 5.That this proclamation shall take effect immediately from and after its issuance. Declaration of Disaster (Green Tree Estates), Page 1 of 2 (September 1, 2020) ORDERED this the 1 st day of September, 2020. CITY OF DENTON\\t 111111111 a Texas home-nbl ,municipal corporation iis–m+HNm ATTEST: ROSA RIOS, CITY SECRETARY BY:./h y,22 APPROVED AS TO LEGAL FORM AARON LEAL, CITY ATT ,YQb BY ZP Declaration of Disaster (Green Tree Estates), Page 2 of 2 (September 1, 2020)