From
Megan Mahan
Title
Ordinance Amending Ordinance No. 10844-2020 to Locally Adopt Governor's Order GA-21 and revoking City Manager Contract Authority during Local Disaster
Presenter
Megan Mahan, City Attorney
Recommended Action
Approve
Analysis
This ordinance locally adopts GA-21.
Financial Considerations
None.
Body
An ordinance amending Ordinance No. 10844-2020 relative to the continuation of the proclamation of a local state of disaster; authorizing additional authority related to local state of disaster; adopting and approving certain rules to protect the health of persons in the City; providing for a fine for certain provisions of up to $500 for each offense in violation of this ordinance; providing this ordinance be cumulative; providing for severability, governmental immunity, injunctions, publication, and an effective date; and declaring an emergency
WHEREAS, COVID-19 has spread world-wide and has been declared a global pandemic by the World Health Organization; and
WHEREAS, confirmed cases have occurred in Dallas and Tarrant counties and community spread is continuing; and
WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of widespread illness, which requires emergency action; and
WHEREAS, the City’s emergency management plan has been activated by the declaration of local disaster signed by the Mayor of the City of Grand Prairie on March 13, 2020, which was ratified and extended by the Grand Prairie City Council on March 17, 2020 by Resolution Number 5076-2020; and
WHEREAS, on March 19, 2020, pursuant to Ordinance No. 10825-2020, the Mayor and City Council amended the Original Resolution to adopt and approve additional measures to protect the health of persons in the City and extended the local disaster indefinitely until revoked; and
WHEREAS, on May 5, 2020, pursuant to Ordinance No. 10844-2020, the Mayor and City Council amended the Ordinance to locally adopt the Governor’s Orders GA-18 and GA-19; and
WHEREAS, the previous resolution and ordinances adopted by the City Council relative to continuing the proclamation of a local state of disaster and adopting and approving rules to protect the health of persons in the City as hereinabove described are hereinafter referred to as the “Previous Orders”; and
WHEREAS, a declaration of local state of disaster includes the ability to take measures to reduce the possibility of exposure to disease, mitigate the risk, and promote the health and safety of the residents of the City of Grand Prairie; and
WHEREAS, Sections 121.003 and 122.006 of the Texas Health and Safety Code provide that the City of Grand Prairie is authorized to adopt rules to protect the health of persons in the City of Grand Prairie; and
WHEREAS, unless the actions as hereby provided are immediately initiated, avoidable serious illnesses and deaths could occur; and
WHEREAS, on May 5, 2020 at 6:10 P.M., the Governor issued GA-21, superseding GA-18;
WHEREAS, in order to remain consistent with recent declarations of the Texas Department of State Health Services, the Executive Orders issued by Governor Abbott, and to harmonize, to the extent possible, with the provisions contained in the emergency orders and declarations of Dallas, Ellis and Tarrant County, and the other cities within Dallas, Ellis and Tarrant County, for the health and safety of persons within the City of Grand Prairie; and
WHEREAS, the City Council finds that it is in the public interest to authorize additional measures as described herein pursuant to the Texas Disaster Act of 1975, as amended, Vernon’s Texas Government Code, and provide rules to protect the health of persons in the City pursuant to the Texas Health and Safety Code, as amended;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
Section 1. That the findings and recitations set out in the preamble of this ordinance are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes.
Section 2. That effective immediately, the Previous Orders are hereby amended by the adoption of the provisions of Executive Order GA-21 issued by Governor Greg Abbott on May 5, 2020. The provisions of GA-21 are incorporated herein by reference as if written word for word, and are effective as long as GA-21 remains in effect. Except as provided in this ordinance, all other terms and provisions of the Previous Orders shall remain unchanged and in full force and effect. In the event of conflict or inconsistency between the terms and provisions set forth in this ordinance and the Previous Orders, this ordinance shall govern and control. For clarity, nothing in the ordinance is intended to impact the provisions related to the indefinite continuation of the local state of disaster.
Section 3. The authority of the City Manager to execute contracts as specified in Ordinance No. 10825-2020 is revoked effective June 1, 2020.
Section 4. Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance commits an offense that is considered a class C misdemeanor and each day the violation continues shall be a separate offense punishable by a fine of not more than $500. A culpable mental state is not required for the commission of an offense under this ordinance and need not be proven. The penalty provided for in this ordinance is in addition to any other remedies that the City may have under City ordinances and state law.
Section 5. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety, and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of the ordinance, acting for the City of Grand Prairie in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties.
Section 6. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Grand Prairie in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Grand Prairie.
Section 7. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
Section 8. That this Ordinance shall be and become effective immediately upon and after its passage, publication, and approval.
Section 9. That this Ordinance shall expire upon the earlier to occur of the termination of the state of emergency declared by the President or by the affirmative vote of the City Council.
PASSED AND APPROVED this the 19th day of May, 2020.