20-1845ORDINANCE NO.20-1845
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 DECEMBER 31, 2020; SUPERSEDING AND REPLACING THE
NINTH ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED AUGUST 25, 2020
APPROVED BY ORDINANCE NO. 20-1597 TO PROVIDE ADDITIONAL REQUIREMENTS
AND GUIDANCE; 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 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. 20-72 1, extended the Declaration of Emergency through
April 30, 2020 and issued an Order ofthe Council ofthe City of Denton, attached thereto as Exhibit
“C,” including the authorization to expend no more than Five Hundred Fifty Thousand Dollars
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($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, 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
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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 ofthe Declaration
of Local Disaster until 11:59 p.m. May 3 1, 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, 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 31, 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, 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 December 2020 and to supersede
and replace the Ninth Order of the Council of the City of Denton dated August 25, 2020,
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confirming certain previous orders, and providing additional requirements and guidance; 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 December 3 1, 2020 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 Tenth Order of Council, dated September 22,
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, May 29 through
Ordinance 20-980, June 23 through Ordinance 20- 1199, June 26 through Ordinance 20-1255, July
28 through Ordinance 20-1423, and August 25 through Ordinance 20-1597. 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 bya,DtIEbq rS and
seconded by R\) \ Me_\ tR ( ; the Ordinance was passed and approved by the following
vote Lb - IJ:
Aye Nay
V‘
Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1 :7
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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 U nIl day of SCP ka\be'2020
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ATTEST:
ROSA RIOS, CITY SECRETARY
1B111 111(r : a2=pZZ1HHH2=
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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EXHIBIT A
DENTON TENTH ORDER OF THE COUNCIL
OF THE CITY OF DENTON
DATE ISSUED: SEPTEMBER 22, 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. 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 Ninth Order of the City Council adopted on
Tuesday, August 25, 2020 (Ordinance No. 20-1597).
PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON
SEPTEMBER 22, 2020 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 11:59 p.m. on September 22, 2020 and continue through 11 :59 p.m. on December
31 20209
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 commercial and non-profit entities in the City of Denton providing goods or services
directly to the public are required to develop and maintain a health and safety policy (“Policy”)
that incorporates the face covering and social distancing requirements of gubernatorial order GA-
29 as it may be amended, preempted, or superseded.
i. The Policy must be posted conspicuously at or near all entrances of any commercial
or non-profit entity in the City of Denton in clear view of any employees or members of
the public entering the business.
ii. The Policy may include the implementation of other mitigating measures designed
to control and reduce the transmission of COVID-19 such as temperature checks or health
screenlrlgs .
iii. In accordance with city ordinance, violations of this paragraph may be enforced by
Denton police officers, building enforcement officers, zoning compliance officers, or
community improvement services officers.
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 Two Million Seven Hundred Fifty
Thousand Dollars ($2,750,000.00) 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.
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 20-1845
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