Legislation Details

File #: 20-9974    Version: 1 Name: GA-21 adoption
Type: Ordinance Status: Adopted
File created: 5/8/2020 In control: City Attorney
On agenda: 5/19/2020 Final action: 5/19/2020
Title: Ordinance Amending Ordinance No. 10844-2020 to Locally Adopt Governor's Order GA-21 and revoking City Manager Contract Authority during Local Disaster

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.