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22-50022-500ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME–RULE MUNICIPALCORPORATION, RESCINDING AND REPEALING THE LOCAL DISASTERDECLARATION RELATED TO THE COVID-19 EMERGENCY AS PROVIDED IN ORDINANCE 22-142; RESCINDING AND REPEALING THE NINETEENTH ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED JANUARY 25, 2022 BY ORDINANCE NO.22-142; REPEALING ORDINANCE 22-142, AND PROVIDING AN EFFECTrVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, spread throughout the world and was 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 presented a hazard to public health; and WHEREAS, extraordinary measures were 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. 20-72 1, 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 Page 1 of 6 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 1 1 :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 Page 2 of 6 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 3 1 , 2020; and 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 31, 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 August 30, 2021 ; and WHEREAS, on June 30, the City Council extended the Declaration of Local Disaster through September 30, 2021; and Page 3 of 6 WHEREAS, on August 12, 2021, the City Council adopted a Thirteenth Order of Council relating to masks requirements and adopted a Fourteenth Order of Council on August 24, modifying mask requirements; and WHEREAS, on September 21, 202 1, the City Council adopted a Fifteenth Order of Council relating to mask requirements; and WHEREAS, on October 26, 2021, the City Council adopted a Sixteenth Order of Council relating to masks requirements and extended those provisions through the adoption of a Seventeenth Order of Council on November 16, 202 1; and WHEREAS, on December 14, 202 1, the City Council extended the Declaration of Local Disaster through March 31, 2022, and adopted an Eighteenth Order of Council relating to mask requirements; and WHEREAS, on January 25, 2022, the City Council confirmed the Declaration of Local Disaster through March 31, 2022, and adopted a Nineteenth Order of Council relating to health and safety measures including mask requirements; and WHEREAS, on February 25, 2022, the Centers for Disease Control (CDC) updated guidelines to no longer recommend universal indoor mask-wearing by individuals in areas of the United States that the CDC considers medium and low-risk; and WHEREAS, the City Council of the City of Denton has sought to follow guidance promulgated by the CDC and encourages everyone to adhere to the guidelines provided by the CDC or their personal healthcare provider; and WHEREAS, the City of Denton infection and hospitalization rates now fall within the medium or low designation and the universal wearing of masks indoors is no longer recommended by the CDC; and WHEREAS, the City Council finds it in the best interest of the citizens of the City of Denton to rescind and repeal the Declaration of Local Disaster regarding COVID-19, to rescind and repeal the Nineteenth Order of Council, and no longer require mask wearing based on the CDCguidelines; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBYORDAINS : 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. The Council hereby immediately rescinds and repeals the Declaration of Local Disaster related to the COVID-19 emergency originally executed by the Mayor on March 13, 2020 and most recently confirmed on January 25, 2022 by Ordinance 22-142. SECTION 3. The Council hereby immediately rescinds and repeals the Nineteenth Order of Council adopted on January 25, 2022 by Ordinance 22-142. Page 4 of 6 SECTION 4. All prior ordinances and Orders of the Council are hereby rescinded, superseded, and repealed, including prior Orders 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, August 25 through Ordinance 20-1597, September 22, 2020 through Ordinance 20-1845, December 17, 2020 through Ordinance 20-2467, March 16, 2021 through Ordinance 21-432, August 12, 2021 through Ordinance 21-1771, and August 24, 2021 through Ordinance 21-1831, September 21, 2021 through Ordinance 21-1825, October 26, 2021 through Ordinance 21-2342, November 16, 202 1 through Ordinance 21-2432, December 14, 202 1 through Ordinance 21-2801, January 25, 2022 through Ordinance 22-142. Ordinance 22-142 is hereby repealed. All provisions of the ordinances of the City of Denton in conflict with the provision of this Ordinance are hereby repealed. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. The motion tO approve this Ordinance was made by Ru \ n el ttC r and seconded by Deb hfp-J'.'4vr ; the Ordinance was passed and approved by the following vote U -01 M LNJa/‘ / Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 :,/-L/‘ Brian Beck. District 2 : Jesse Davis. District 3 : Alison Maguire, District 4:IZ ,/ ,/ Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the /'/ d,y,f fl.,, L 2022 SPETH, MAYOR Page 5 of 6 ATTEST: ROSA RIOS, CITY SECRETARY DqIHVCWSea©W APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Mack ik.JH."= =..,„.,:=,=.rtBY: Page 6 of 6