21-361ORDINANCE NO. 21 –361
AN ORDINANCE OF THE CITY OF DENTON EXTENDING THE EFFECTIVE PERIOD OF
THE DECLARATION OF LOCAL DISASTER EXECUTED BY THE MAYOR ON
FEBRUARY 19, 2021; APPROVING AN UPDATED ORDER OF THE MAYOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 12, 2021, Governor Greg Abbott certified that severe winter
weather poses an imminent threat of widespread and severe property damage, injury and loss of
life due to prolonged freezing temperatures, heavy snow, and freezing rain statewide and declared
a state of disaster for the entire state; and
WHEREAS, on February 14, 2021, President Biden approved the Texas Severe Winter
Storm disaster declaration (EM-3554-TX) for the state of Texas; and
WHEREAS, on February 15, 2021, Mayor Gerard Hudspeth declared a local disaster due
to the severe winter storm posing an imminent threat of widespread and severe property damage,
injury and loss of life due to prolonged freezing temperatures, heavy snow, and freezing rain in
the City of Denton; and
WHEREAS, on February 19, 2021, Mayor Gerard Hudspeth declared a local disaster due
to the energy emergency posing an imminent threat of widespread and severe property damage,
injury, and loss of life due to power outages and prolonged freezing temperatures in the City of
Denton; and
WHEREAS, the severe weather moved into the City of Denton beginning February 14,
2021 and resulted in unprecedented demand for electrical power, damage to water utility
infrastructure, and unsafe infrastructure within the City, threatening the safety and lives of all
residents; and
WHEREAS, the combination of the demand for electric power on the Electric Reliability
Council of Texas (ERCOT) grid and the scarcity of resources to produce power resulted in outages
and rolling blackouts within the City, exacerbating the difficulties created by the winter storm; and
WHEREAS, the combination of winter weather, including freezing temperatures and
accumulation of ice and snow, electricity outages, and rolling blackouts have resulted in closure
of city offices and private businesses, property damage due to frozen pipes, the extent of which
damage could not fully be appreciated while temperatures remained below or near freezing, and
further threats to the health and safety of the citizens of Denton; and
WHEREAS, the City has experienced, and is continuing to suffer effects from both a winter
weather emergency and an energy emergency; and
WHEREAS, the ERCOT power market and grid have experienced financial challenges,
the extent of which are not fully known; and
WHEREAS, the City desires to protect its financial position and avoid unnecessary losses;
and
WHEREAS, the City has provided warming stations, water, and other assistance to
individuals severely impacted by the winter storm and the energy emergency; and
WHEREAS, the City Council recognizes that extraordinary measures must be taken to
protect the health and safety of the Citizens of Denton and to prevent damage to property; 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, the City Council finds that it is in the best interest of the citizens of the City
of Denton to update and extend the Mayor’s February 19, 2021 Declaration of Local Disaster until
11 :59 p.m. March 16, 2021 ; 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, the effective period of the Declaration of Local Disaster
attached hereto as Exhibit B and executed by the Mayor on February 19, 2021 is extended until
11 :59 p.m. on March 16, 2021 in the interest of public health and safety, unless further extended,
revised, or terminated by law.
SECTION 3. Pursuant to Section 418.108, Texas Government Code, and Section 9-27,
City of Denton Code of Ordinances, the Updated Order attached hereto as Exhibit A is approved
and shall remain in effect until 11:59 p.m. on March 16, 2021 in the interest of public health and
safety, unless further extended, revised, or terminated by law.
SECTION 4. The City Manager and City Attorney are hereby authorized to take legal
action, including filing suit if necessary, to protect the financial interests of the City in regard to
power purchases and sales and competitive matters.
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Gerard Hudspeth, Mayor:
Birdia Johnson, District 1 :
Connie Baker, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
L, CITY ATTORNEY
EXHIBIT A
UPDATED ORDER
DATE ISSUED: FEBRUARY 23, 2021DEON
WHEREAS, on February 12, 2021, Governor Greg Abbott certified that severe winter weather
poses an imminent threat of widespread and severe property damage, injury and loss of life due to
prolonged freezing temperatures, heavy snow, and freezing rain statewide and declared a state of
disaster for the entire state; and
WHEREAS, on February 14, 2021, President Biden approved the Texas Severe Winter Storm
disaster declaration (EM-3554-TX) for the state of Texas; and
WHEREAS, on February 15, 2021, 1, Mayor Gerard Hudspeth, declared a local disaster due to
the severe winter storm posing an imminent threat of widespread and severe property damage,
injury and loss of life due to prolonged freezing temperatures, heavy snow, and freezing rain in
the City of Denton; and
WHEREAS, on February 19, 2021, 1, Mayor Gerard Hudspeth, declared a local disaster due to
the energy emergency posing an imminent threat of widespread and severe property damage,
injury, and loss of life due to power outages and prolonged freezing temperatures in the City of
Denton; and
WHEREAS, the severe weather moved into the City of Denton beginning February 14, 2021 and
resulted in unprecedented demand for electrical power, damage to water utility infrastructure, and
unsafe infrastructure within the City, threatening the safety and lives of all residents; and
WHEREAS, the combination of the demand for electric power on the Electric Reliability Council
of Texas (ERCOT) grid and the scarcity of resources to produce power resulted in outages and
rolling blackouts within the City, exacerbating the difficulties created by the winter storm; and
WHEREAS, the combination of winter weather, including freezing temperatures and
accumulation of ice and snow, electricity outages, and rolling blackouts have resulted in closure
of city offices and private businesses, property damage due to frozen pipes, the extent of which
damage could not fully be appreciated while temperatures remained below or near freezing, and
further threats to the health and safety of the citizens of Denton; and
WHEREAS, the City has experienced, and is continuing to suffer effects from both a winter
weather emergency and an energy emergency; and
WHEREAS, 1, as Mayor of Denton, have determined that extraordinary measures must be taken
to minimize the potential negative effects of the winter weather storm and the energy emergency
and to protect the health and safety of the community; and
WHEREAS, as Mayor I urge all residents to take all cautionary measures to ensure the safety of
all persons and animals in their care; and
Page 1 of 3
EXHIBIT A
WHEREAS, pursuant to Chapter 418 of the Texas Government Code and Chapter 9 of the City
of Denton Code of Ordinances, the mayor is designated as the director of emergency and disaster
services of the City of Denton and may act in accordance with the City’s Emergency
Management Plan to address the occurrence or threat of widespread or severe damage, injury, or
loss of life or property resulting from any natural or man-made cause, including energy
emergencies; NOW, THEREFORE,
BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF DENTON:
1. That a local state of disaster caused by the energy emergency is declared and continues for
the City of Denton, pursuant to Chapter 418.108(a) of the Texas Government Code.
2. Pursuant to Texas Government Code Section 418.108(b), this Declaration of Local
Disaster, prompted by the energy emergency, is approved by the Denton City Council and shall
continue until March 16, 2021.
3. Pursuant to Texas Government Code Section 418.108(c) and Section 9-25 of the City of
Denton Code of Ordinances, this Declaration of Local Disaster due to the energy emergency shall
be given prompt and general publicity and shall be filed promptly with the City Secretary.
4. Pursuant to Texas Government Code Section 418.108(d), this Declaration of Local Disaster
because of the energy emergency activates the City of Denton Emergency Management Plan.
5. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also
ordered:
a. The City Manager or her designee is authorized to make application for local, state,
and federal assistance as necessary and/or applicable;
b. The City Manager or her 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;
c. Plumbing permit fees and other associated fees under Ordinance 19-2130 are waived
for the duration of this Order for permits necessary for emergency repairs, and any fees
that would have been waived under this order but have already been paid may be
reimbursed;
d. Reapplication fees are waived for plat applications listed on the February 17, 2021
Planning and Zoning Commission meeting agenda that were voluntarily withdrawn.
e.In schedules SR and SMH of Ordinance 19-2137, the calculation of winter Average
Daily Usage beginning March 2021 through February 2022 shall be based on the
December 2020 and January 2021 water consumption if that results in a lower Average
Daily Usage than the existing winter average, otherwise the winter average daily usage
in place on February 23, 2021 will be used; and
Page 2 of 3
EXHIBIT A
f.For the duration of this Order, customers who have experienced a substantial increase
in water usage as defined by City of Denton Code of Ordinances 26-128(a) during the
timeframe of February 14, 2021 to February 28, 2021, caused by damage to water pipes
due to winter weather or the energy emergency, may be eligible for an adjustment under
26- 128(e) upon completing a written request as set forth in 26- 128(c).
6. As Mayor, I further reserve all other authority and powers conferred by state law to respond
as necessary to this situation.
7.This proclamation shall take effect immediately from and after its issuance.
ORDERED this the 23rd day of February, 202 1.
Honorable Gerard me
City of Denton Mayor
Page 3 of 3
EXHIBIT B
DECLARATION OF LOCAL DISASTER
AND ORDER
DATE ISSUED: FEBRUARY 19, 2021DENTON
WHEREAS, on February 12, 2021, Governor Greg Abbott certified that severe winter weather
poses an imminent threat of widespread and severe property damage, injury and loss of life due to
prolonged freezing temperatures, heavy snow, and freezing rain statewide and declared a state of
disaster for the entire state; and
WHEREAS, on February 14, 2021 President Biden approved the Texas Severe Winter Storm
disaster declaration (EM-3554-TX) for the state of Texas; and
WHEREAS, on February 15, 2021, 1, Mayor Gerard Hudspeth, declared a local disaster due to
the severed winter storm posing an imminent threat of widespread and severe property damage,
injury and loss of life due to prolonged freezing temperatures, heavy snow, and freezing rain in
the City of Denton; and
WHEREAS, the severe weather moved into the City of Denton beginning February 14, 2021 and
resulted in unprecedented demand for electrical power, damage to water utility infrastructure, and
unsafe infrastructure within the City, threatening the safety and lives of all residents; and
WHEREAS, the combination of the demand for electric power on the Electric Reliability Council
of Texas (ERCOT) grid and the scarcity of resources to produce power resulted in outages and
rolling blackouts within the City, exacerbating the difficulties created by the winter storm; and
WHEREAS, the combination of winter weather, including freezing temperatures and
accumulation of ice and snow, electricity outages, and rolling blackouts have resulted in closure
of city offices and private businesses, property damage due to frozen pipes, the extent of which
damage cannot fully be appreciated while temperatures remain below or near freezing, and further
threats to the health and safety of the citizens of Denton; and
WHEREAS, the City has experienced, and is continuing to experience an energy emergency; and
WHEREAS, 1, as Mayor of Denton, have determined that extraordinary measures must be taken
to minimize the potential negative effects of the energy emergency and to protect the health and
safety of the community; and
WHEREAS, as Mayor I urge all residents to take all cautionary measures to ensure the safety of
all persons and animals in their care; and
Page 1 of 3
WHEREAS, pursuant to Chapter 418 of the Texas Government Code and Chapter 9 of the City
of Denton Code of Ordinances, the mayor is designated as the director of emergency and disaster
services of the City of Denton and may act in accordance with the City’s Emergency Management
Plan to address the occurrence or threat of widespread or severe damage, injury, or loss of life or
property resulting from any natural or man-made cause, including energy emergencies; NOW,
THEREFORE,
BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF DENTON:
1. That a local state of disaster caused by the energy emergency is declared for the City of
Denton, pursuant to Chapter 418.108(a) of the Texas Government Code.
2. Pursuant to Texas Government Code Section 418.108(b), this Declaration of Local
Disaster, prompted by the energy emergency, shall continue for a period of not more than seven
(7) days from 12:00 p.m., February 19, 2021 unless continued or renewed by the Denton City
Council
3. Pursuant to Texas Government Code Section 418.108(c) and Section 9-25 of the City of
Denton Code of Ordinances, this Declaration of Local Disaster due to the energy emergency shall
be given prompt and general publicity and shall be filed promptly with the City Secretary.
4. Pursuant to Texas Government Code Section 418.108(d), this Declaration of Local Disaster
because of the energy emergency activates the City of Denton Emergency Management Plan.
5. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also
ordered:
a. The City Manager or his or her designee is authorized to make application for local,
state, and federal assistance as necessary and/or applicable;
b. 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;
c. Plumbing permit fees and other associated fees under Ordinance 19-2130 are waived
for the duration of this Order for permits necessary for the very large number of
emergency repairs for Denton residents and businesses caused by the severe weather
event; and
d. The time for approval, approval with conditions, or denial of plans or plats under Local
Government Code 212.009 is tolled due the closure of City offices necessitated by
emergency conditions from February 15, 2021 through February 22, 2021 as provided
for by Texas Government Code 418.1075 .
6. As Mayor, I further reserve all other authority and powers conferred by state law to respond
as necessary to this situation.
Page 2 of 3
7. This proclamation shall take effect immediately from and after its issuance.
ORDERED this the 19th day of February, 2021.
Honorable Gerard Hudspeth
City of Denton Mayor
Page 3 of 3