Loading...
21-H-24 Declaration of Local Disaster Expiration June 22, 2021 at 11:59 PMOrdinance No. 21 -H -24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ TO AMEND ORDINANCE 20 -H -18 TO ESTABLISH AN EXPIRATION DATE FOR THE DECLARATION OF LOCAL DISASTER TO JUNE 22, 2021, AT 11:59 PM. 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, 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, 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 reopening of Texas pursuant to GA -36 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; and 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 by City Council Ordinance 20 -H -15 including all rules and regulations, is hereby further amended, and extended until June 22, 2021, at 11:59 pm. 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 PASSED ON FIRST READING, THE 8TH DAY OF JUNE 8, 2021. PASSED, APPROVED AND ADOPTED ON SECOND READING, THEAY OF JUNE 2021_ CITY OF SCHERTZ, TEXAS By: Ra h ut'e rez, Mayor ATTES`l� R , Brenda Dennis, CitV Secretary