21-1290ORDINANCE NO. 21-1290
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 SEPTEMBER 30, 2021; 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
presents a hazard to public health; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County; 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 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 continued to evolve and measures were 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
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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 1 1 :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
1 1 :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
1 1 :59 p.m. August 3 1, 2020; and
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WHEREAS, Governor Abbott 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, on September 22, 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 December 3 1 , 2020; and
WHEREAS, on October 7, 2020, Governor Abbott issued Executive Order GA-32,
superseding GA-30; and
WHEREAS, on December 17, 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 March 3 1, 2021 ; and
WHEREAS, on March 2, 2021, Governor Abbott issued Executive Order GA-34,
superseding GA- 17, GA-25, GA-29, GA-3 1, and GA-32; and
WHEREAS, on April 5, 2021, Governor Abbott issued Executive Order GA-35 and on
May 18, 2021 Governor Abbott issued GA-36; and
WHEREAS, Governor Abbott has renewed the disaster declaration for the State of Texas
every 30 days, most recently on June 4, 2021 ; 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 September 2021; NOW,
THEREFORE,
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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 September 30, 2021 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. This Ordinance shall become effective at 11 :58 p.m. on June 30, 2021.
The nlotion to approve this Ordinance was made ;econded by
the Ordinance was passed anIhi,vote
Aye
b/
-Z
.,/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :L/
,/
-Z
b./
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the tI-a dayQfT,,''q-_, 2021.
GERARD',PETH MAYOR
ATTEST :
ROSA RIOS, CITY SECRETARY
, IIt 111111
DBY:
APPROVED AS TO LEGAL FORM
CLIFTONCATHE ATTORNEY
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