20-H-18 Extending Declaration of Local Disaster until June 23, 2020 at 11:59 p.m.Ordinance No. 20 -H -18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ TO
SUPERSEDE ORDINANCE 20 -H -15; EXTENDING A DECLARATION OF LOCAL
DISASTER; RESTRICTING CERTAIN ACTIVITIES; ESTABLISHING PENALTIES
FOR VIOLATIONS. PROVIDING AN EFFECTIVE DATE AND DECLARING AN
EMERGENCY; FIRST AND FINAL READING
WHEREAS, in December 2019 a novel coronavirus, now designated COVID-19, was detected
in Wuhan City, Hubei Province, China. Symptoms of COVID-19 include fever, cough, and
shortness of breath. Outcomes have ranged from mild to severe illness, and in some cases death;
and
WHEREAS, on January 20, 2020, the World Health Organization (WHO) Director General
declared the outbreak of COVID-19 as a Public Health Emergency of International Concern
(PHEIC), advising countries to prepare for the containment, detection, isolation and case
management, contact tracing and prevention of onward spread of the disease; and
WHEREAS, on March 13, 2020, President Trump declared a state of emergency due to
COVID- 19; and
WHEREAS, President Trump has invoked the Stafford Act, which will allow state and
local governments to access federal disaster relief funds; and
WHEREAS, the Governor of Texas, issued a disaster proclamation on March 13, 2020,
certifying that COVID-19 poses an imminent threat of disaster for counties in the state of
Texas; and
WHEREAS, the Texas Department of State Health Services has now determined that, as
of March 19, 2020, COVID- 19 represents a public health disaster within the meaning of
Chapter 81 of the Texas Health and Safety Code; and
WHEREAS, to date, there have been 48,693 confirmed positive cases in Texas; and
WHEREAS, the crisis that is now a pandemic has infected 4,805,430 people around the
world resulting in 318,554 deaths, with 1,537,830 cases confirmed in the United States; and
WHEREAS, on March 31, 2020 Governor Abbott issued GA -14 superseding local
authority invoked under Chapter 418 of the Government Code, and Chapter 81 and 122 of
the Health and Safety Code where local order conflict with GA -14 or any previous order of
the Governor related to the pandemic;
WHEREAS, also on April 17, 2020, Governor Abbott issued Executive Order GA -16 to
replace Executive Order GA- 14, and while Executive Order GA- 16 generally continued
through April 30, 2020, the same social - distancing restrictions and other obligations for
Texans according to federal guidelines, it offered a safe, strategic first step to Open Texas,
including permitting retail pick -up and delivery services; and
WHEREAS, Texas must continue to protect lives while restoring livelihoods, both of
which can be achieved with the expert advice of medical professionals and business leaders
and the continued gradual reopening of Texas pursuant to GA -18- GA -23 and subsequent
orders of the Governor; and
WHEREAS, pursuant to the Texas Disaster Act of 1975, the Mayor is designated as the
Emergency Management Director of the City of Schertz, and may exercise the powers
granted by the governor on an appropriate local scale; and
WHEREAS, Ralph Gutierrez, the Mayor of the City of Schertz previously determined and
declared that extraordinary and immediate measures must be taken to respond quickly, prevent
and alleviate the suffering of people exposed to and those infected with the virus, as well as
those that could potentially be impacted by COVID -19;
WHEREAS, a declaration of local disaster and public health emergency includes the ability to
reduce the possibility of exposure to disease, control the risk, promote health, compel persons to
undergo additional health measures that prevent or control the spread of disease, including
isolation, surveillance, quarantine, or placement of persons under public health observation,
including the provision of temporary housing or emergency shelters for persons misplaced or
evacuated and request assistance from the governor of state resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Ordinance for all purposes and are adopted
as a part of the judgment and findings of the City Council.
Section 2. That the local state of disaster and public health emergency declared by Mayor
Ralph Gutierrez for the City of Schertz, Texas, pursuant to §418.108(a) of the
Texas Government Code and renewed and extended to May 26, 2020 at 11:59 p.m.
by City Council Ordinance 20 -H -15 pursuant to §418.108(b) of the Government
Code, including all rules and regulations, is hereby further amended and extended
until June 23, 2020 at 11:59 p.m.
Section 3. Pursuant to §418.108(c) of the Government Code, this declaration of a local state
of disaster and public health emergency shall be given prompt and general publicity
and shall be filed promptly with the City Secretary.
Section 4. Pursuant to §418.108(d) of the Government Code, this declaration of a local state
of disaster and public health emergency activates the City of Schertz, Texas,
emergency management plan.
Section 5. All ordinances or parts thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters
herein except those portions deemed to conflict with any emergency orders of
Governor Abbott.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 7. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall nevertheless
be valid, and the City Council hereby declares that this Ordinance would have been
enacted without such invalid provision.
Section 8. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place,
and subject matter of the public business to be considered at such meeting,
including this Ordinance, was given, all as required by Chapter 551, Texas
Government Code, as amended.
Section 9. Should Governor Abbott lift the statewide disaster declaration and orders now in
place prior to the date of expiration stated herein, this ordinance shall no longer be
subject to enforcement by the City and shall be repealed by the City Council at the
first legally posted meeting thereafter.
Section 10. Any person, firm, corporation or agent who shall violate a provision of this
ordinance, or fail to comply therewith, or with any other requirements thereof, shall
be guilty of a Class C misdemeanor. Such person shall be considered guilty of a
separate offense for each and every day or portion thereof during which any
violation of any of the provisions of this article is committed or continued, and
upon conviction of any such violation, such person shall be punished by a fine not
to exceed $2,000.00..
Section 11. Any peace officer or other person with lawful authority is further authorized to
enforce the provisions of this Ordinance or the orders of the Governor in
accordance with the authority granted under the Texas Disaster Act of 1975, as
applicable, which allows a fine not to exceed $1000.00 and confinement not to
exceed 180 days pursuant to Government Code 418.173.
Section 12. This Ordinance shall be in force and effect from its first and final passage, and any
publication required by law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS
THIS ORDINANCE WAS PASSED, ON FIRST AND FINAL READING, THE 26th DAY
OF MAY 2020.
CITY OF SCHERTZ, TEXAS
By:
R p uti z, Mayor
ATTE T:
Dennis, City Secretary