ORDINANCE NO. 4351
AN ORDINANCE OF THE CITY OF RICHARDSON, TEXAS, AMENDING ORDINANCE NO. 4343 BY AMENDING THE DISASTER CONTROL ORDERS; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, beginning on December 2019, a novel coronavirus, now designated SARS-CoV-2 which causes the disease COVID-19, has spread through the world and has now been 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, on January 30, 2020, the World Health Organization declared the outbreak of COVID-19 as a Public Health Emergency of International Concern; and
WHEREAS, on March 5, 2020, the World Health Organization urged proactive preparedness and activation of emergency plans to aggressively change the trajectory of this epidemic; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a worldwide pandemic; and
WHEREAS, on March 13, 2020, the Governor of Texas declared a State of Disaster for COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency for COVID-19; and
WHEREAS, on March 15, 2020, the Centers for Disease Control recommended no gatherings with 50 people or more take place for the next 8 weeks throughout the United States; and
WHEREAS, on March 16, 2020, Collin County declared a disaster for COVID-19 and recommend the postponement or cancellation of all public gatherings greater than 50 people; and
WHEREAS, on March 16, 2020, the White House recommended avoiding social gatherings of more than 10 people; and
WHEREAS, on March 18, 2020, Paul Voelker, Mayor of the City of Richardson, Texas, declared a State of Disaster for the City of Richardson and certain control orders related thereto because of novel coronavirus, now designated SARS-Co V-2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and
WHEREAS, on March 19, 2020, Commissioner John W. Hellerstedt, M.D. declared a Public Health Disaster in the State of Texas for COVID-19; and
WHEREAS, the Texas Governor issued several Executive Orders related to COVID-19 which continue through 11 :59 p.m. on April 3, 2020; and
WHEREAS, the Dallas County has declared a disaster for COVID-19 and the Dallas County Judge has issued several Executive Orders related to COVID-19 which continue through 11:59 p.m.
on April 3, 2020; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Richardson, Texas, including the quarantine of individuals, groups of individuals, and property as well as compelling individuals, groups of individuals, or property to undergo additional health measures that prevent or control the spread of disease; and
WHEREAS, the City Council adopted Ordinance No. 4343 continuing the Declaration of Disaster of March 18, 2020 of Paul Voelker, Mayor of the City of Richardson, Texas, and certain
control orders related thereto; and
WHEREAS, since April 2, 2020, Governor Abbott issued several Executive Orders including those related to the reopening of Texas businesses and hospital capacity; and
WHEREAS, Sections 121.003 and 122.006 of the Texas Health and Safety Code authorizes the City of Richardson to adopt rules to protect the health of persons in the City of Richardson; and
WHEREAS, the conditions necessitating the disaster declaration continue to exist and extraordinary and immediate measures must be taken to respond quickly to prevent and alleviate the suffering of people exposed to and those infected with the virus, as well as those that could potentially be infected or impacted by COVID-19; and
WHEREAS, the increase of COVID-19 and the risk of increased spread of the virus at residential facilities that care for the elderly and most vulnerable and the lack of State resources to assist are resulting in the need for local measures to protect the health and safety of such residents; and
WHEREAS, to remain consistent with the 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 disaster declarations of Dallas and Collin Counties, for the health and safety of persons within the City of Richardson the City Council finds that it is in the public interest to continue the State of Disaster declared on March 18, 2020, by the Mayor of the City of Richardson, Texas, and adopt Governor Abbott's Executive Orders; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHARDSON, TEXAS:
SECTION 1. That the findings and recitations set out in the preamble of this Ordinance are I 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 and continuing until termination of the Disaster Declaration, Ordinance No. 4343 is hereby amended by the adoption of the provisions of Executive Orders GA-18, GA-19 and GA-20 issued by Governor Greg Abbott on April 27, 2020, and any subsequent Executive Orders issued by Governor Greg Abbott related to COVID-19. The provisions of GA-18, GA-19 and GA-20, and any subsequent Executive Orders issued by Governor Greg Abbott related to COVID-19, are incorporated herein by reference for all purposes. The Declaration of Disaster of March 18, 2020, as continued by Ordinance No. 4343, shall continue until terminated by action of the City Council.
SECTION 3. That pursuant to Texas Government Code Section 418.108(d), the City of Richardson Emergency Management Plan shall remain active through the duration of the Disaster Declaration. The City's critical infrastructure, which includes, but is not limited to, communications, emergency services, energy, transportation systems, and water and wastewater systems shall continue operating.
SECTION 4. That the Disaster Declaration Orders set forth in Ordinance No. 4343 are repealed and replaced by Executive Orders GA-18, GA-19 and GA-20 issued by Governor Greg Abbott on April 27, 2020, and any subsequent Executive Orders issued by Governor Greg Abbott related to COVID-19 shall apply throughout Richardson unless superseded, canceled, modified, amended or terminated by the Mayor and/or the City Council, or pursuant to applicable Jaw. For clarity, nothing in the ordinance is intended to impact the provisions related to the continuation of the local state of disaster as specified in Ordinance No. 4343; the authority granted to the Mayor and City Manager to cancel City Council meetings because of unforeseen events or emergency conditions during the duration of this Declaration without the necessity of further approval of the City Council, and the authority of the City Manager, or designee, to waive the imposition and collection of any delinquency fee or penalty associated with any permit or approval required under any City Ordinance or Resolution but not including: (i) the fees for water, wastewater, trash collection, property taxes, penalties and interest for property taxes; (ii) fees or penalties required to be collected and/or imposed by the State of Texas or other governmental authority having jurisdiction to impose and/or collect such fee or penalty: (iii) and fees or charges required to be imposed and/or collected by and/or paid to a third-party under a contract with the City.
SECTION 5. That pursuant to Section 418.I0S(c) of the Texas Government Code, this Ordinance shall be given prompt and general publicity and shall be filed promptly with the City Secretary.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid; the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid.
SECTION 7. That an offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the ordinances of the City, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose.
SECTION 8. That all provisions of the ordinances of the City of Richardson in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Richardson not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this Ordinance, the Disaster Declaration, any orders issued by the Mayor and/or the City Council pursuant to the Disaster Declaration, Chapter 7 of the Code of Ordinances or Chapter 418 of the Texas Government Code sh all. upon conviction, be punished by a fine not to exceed the sum of One Thousand Dollars ($ 1,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this Ordinance shall take effect immediately from and after its passage
as the law and charter in such ca e provide.
DULY PASSED by the City Council of the City of Richardson, Texas, on this the 4th day of