HomeMy WebLinkAboutOrdinance 3644 ORDINANCE NO. 3644
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
RELATING TO THE DECLARATION OF LOCAL DISASTER FOR PUBLIC
HEALTH EMERGENCY DUE TO THE COVID-19 PANDEMIC;
AUTHORIZING ADDITIONAL AUTHORITY RELATED TO LOCAL STATE
OF DISASTER; ADOPTING AND APPROVING CERTAIN RULES TO
PROTECT THE HEALTH OF CITIZENS OF THE CITY; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND
REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in December 2019, Coronavirus Disease (COVID-19), caused by severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2), was first detected in Wuhan City,
Hubei Province, China; and
WHEREAS, symptoms of COVID-19 include fever, cough, and shortness of breath,
and outcomes have ranged from mild to severe illness and in some cases death; and
WHEREAS, on January 30, 2020, the World Health Organization Director General
declared the outbreak of COVID-19 as a Public Health Emergency of International Concern
and advised countries to prepare for the containment, including active surveillance, early
detection, isolation and case management, contact tracing, and prevention of onward
spread of the disease; and
WHEREAS, COVID-19 spreads between people who are in close contact with
one another through respiratory droplets produced when an infected person coughs or
sneezes; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19
a worldwide pandemic; and
WHEREAS, continuous spread of the disease presents an imminent threat of
widespread illness or loss of life resulting from a global pandemic and other public calamity
resulting therefrom, which requires emergency action; and
WHEREAS, President Donald Trump declared a State of National Emergency for the
United States of America on March 13, 2020; and
WHEREAS, County Judge Glen Whitley issued a Declaration of Local Disaster Due
to Public Health Emergency for Tarrant County for COVID-19 on March 13, 2020, which was
amended and continued through April 30, 2020; and
WHEREAS, the Mayor of the City of North Richland Hills issued a Declaration of Local
Disaster Due to Public Health Emergency on March 13, 2020, and subsequently amended
the Declaration to implement measures to help mitigate the impacts of COVID-19 and stop
its spread across the City and surrounding areas; and
Ordinance No.3644
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WHEREAS, the North Richland Hills City Council approved actions to extend the
Mayor's Declaration of Public Health Emergency, as amended, through April 30, 2020; and
WHEREAS, Governor Greg Abbott issued a State of Disaster for all Texas counties
for COVID-19 on March 13, 2020; and
WHEREAS, on April 27, 2020, after determining that additional measures and
guidelines are still needed to address the COVID-19 pandemic, Governor Abbott issued
Executive Orders GA-18 and GA-19 (referred to herein as "Order GA-18" and "Order GA-
19" respectively) to provide statewide measures to address the spread of COVID-19 and to
implement Phase I of the Open Texas strategic plan ("Open Texas Plan"); and
WHEREAS,the number of confirmed cases of COVID-19 continue to rise on a local,
state and national level, and Governor Abbott has indicated that he intends to issue
executive orders to implement additional phases of his Open Texas Plan as certain metrics
are met on a state-wide basis related to containing the spread of COVID-19; and
WHEREAS, the current situation with COVID-19 leads the City Council to believe
that the mitigation efforts and emergency response must continue past April 30, 2020, with
specific changes to address the evolving nature of the emergency situation and to ensure
that the City remains consistent with Governor Abbott's executive orders and Open Texas
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: That the City Council hereby finds the recitals above to be true and correct,
and such recitals are hereby incorporated into this Ordinance as if written
herein.
SECTION 2: That this ordinance hereby designates a local disaster for public health
emergency due to the COVID-19 pandemic for the City of North Richland
Hills, and shall be coterminous with the State of Disaster issued by Governor
Greg Abbott on March 13, 2020, as may be subsequently extended,
amended or renewed.
SECTION 3: That all City of North Richland Hills Declarations of Public Health Emergency
due to the COVID-19 pandemic are hereby superseded by this Ordinance
designating a Local Disaster for Public Health Emergency.
SECTION 4: That the North Richland Hills Emergency Management Plan shall continue to
be implemented, pursuant to Section 418.108(d) of the Texas Government
Code.
SECTION 5: That this Ordinance adopts the provisions of Orders GA-18 and GA-19 issued
by Governor Greg Abbott on April 27, 2020, as may be amended or
Ordinance No.3644
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superseded by subsequent executive orders related to the Open Texas Plan
issued by the Governor (collectively "Executive Orders"). The provisions of
the Executive Orders are incorporated herein by reference as if written word
for word.
SECTION 6: That this Ordinance authorizes the Mayor to order the evacuation of all or part
of the population from a stricken or threatened area under the jurisdiction and
authority of the Mayor if necessary for the preservation of life or other disaster
mitigation, response, or recovery, and to control the movement of persons
and the occupancy of premises, pursuant to Section 418.108(f), and (g) of the
Texas Government Code.
SECTION 7. That this declaration authorizes the procurement of all necessary supplies
and equipment, including acceptance of private contributions which may be
offered for the purpose of improving emergency management within the
City.
SECTION 8. That this declaration authorizes agreements, after approval by the City
Attorney, for the City to use any private property, temporarily acquire, by
lease or other means, sites required for temporary housing units or
emergency shelter or evacuees, subject to compensation requirements,
pursuant to Texas Government Code 418.020(d).
SECTION 9: That all regulations provided in this Ordinance are hereby declared to be for
the immediate preservation of the public peace, property, health, and safety
of the general public and the citizens of North Richland Hills.
SECTION 10: That this Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions of
this Ordinance are in direct conflict with the provisions of such ordinances and
such Code, in which event conflicting provisions of such ordinances and such
Code are hereby repealed.
SECTION 11: All rights and remedies of the City of North Richland Hills are expressly saved
as to any and all violations of the provisions of any ordinances in the Code of
Ordinances of the City of North Richland Hills that have accrued at the time
of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this Ordinance but may
be prosecuted until final disposition by the courts.
SECTION 12: That 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 proved. The penalty provided for in this
' Ordinance is in addition to any other remedies the City may have under City
ordinances and state law, including but not limited to, suspension or
Ordinance No. 3644
Page 3 of 4
revocation of a permit, and said penalties outlined in the Executive Orders
issued to address the spread of COVID-19.
SECTION 13: It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 14: That this Ordinance shall be filed promptly with the City Secretary, and shall
be given prompt and general publicity.
SECTION 15: This Ordinance shall be in full force and effect from and immediately
after its passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 4th day of May, 2020.
CITY OF TH RIC L ND HILLS
By:
ATTEST: "\1¢; `Ct r1-4 Oscar Trevin , Mayor
Alicia Richardson, City SEcthtary ,
O'•.. •
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a
APPPRVED AS TO FORM AND''LE'GALITY:
Ke?
Maleshia B. McGinnis, City Attorney
RECOMMENDED:
J' my due, Public Safety Director
Ordinance No.3644
Page 4 of 4
Star-Telegram
MEDIA
Arlington Citizen-Journal I The Keller Citizen I La Estrella
Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram
star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.78102.6315
AFFIDAVIT OF PUBLICATION
Account Ad Number Identification PO II Amount Colt Depth
600579 0004652016 CITY OF NORTH RICHLAND HILLS ORDINI IANCE NO.3644ORDINANCE N
$107.48 1 61.00 Li
Attention: Traci Henderson THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS County of Tarrant
PO BOX 820609
NORTH RICHLAND HILLS, TX 761820609 Before me,a Notary Public in and for
said County and State,this day
_ personally appeared VICTORIA
CITY OF NORTH RICHLAND HILLS - RODELA, Bid and Legal Coordinator
ORDINANCE NO.3644
AN ORDINANCE OF THE CITY for the Star-Telegram,published by
OF NORTH RICHLAND HILLS,
TEXAS,RELATING TO THE DEC- -- the Star-Telegram, Inc. at Fort Worth,
LARATION OF LOCAL DISAS- CITY OF NORTH RICHLAND HILLS- in Tarrant County,FOR PUBLIC HEALTH ORDINANCE NO.3644 Texas;and who,
EMERGENCY DUE TO THE AN ORDINANCE OF THE CITY
COVID-19 PANDEMIC;AUTHOR- OF NORTH RICHLAND HILLS, after being duly sworn,did depose
IZING ADDITIONAL AUTHORITY TEXAS,RELATING TO THE DEC- ,
RELATED TO LOCAL STATE OF LARATION OF LOCAL DISAS- and say that the attached clipping of
DISASTER;ADOPTING AND AP- - EER FOR PUBLIC HEALTH
PROVING CERTAIN RULES TO EMERGENCY DUE TO THE an advertisement was published in
COVID-19 PANDEMIC;AUTHOR-
PROTECT THE HEALTH OF CITI-
ZENS OF THE CITY;PROVIDING IZING TO ADDITIONAL OOCL LOCAL STATE OF AUTHORITY
i RELATEDOF the above named paper on the listed
THAT THIS ORDINANCE SHALL DISASTER;ADOPTING AND AP- dates:
BE CUMULATIVE OF ALL ORDI- PROVING CERTAIN RULES TO
NANCES AND REPEAL OF CON- PROTECT THE HEALTH OF CITI-
FLICTING PROVISIONS; PRO- ZENS OF THE CITY'PROVIDING
VIDING A SAVINGS CLAUSE; THAT THIS ORDINANCE SHALL
PROVIDING FOR A PENALTY; BE CUMULATIVE OF ALL ORDI-
PROVIDING A SEVERABILITY NANCES AND REPEAL OF CON-
CLAUSE; AND PROVIDING AN FLICTING PROVISIONS; PRO-
I
EFFECTIVE DATE. VIDING A SAVINGS CLAUSE; 2 Insertion(s)
That any person,firm,corpora- PROVIDING FOR A PENALTY;
tion,agent or employee thereof CLAU A A R SEVERABILITY
AV
who violates anyof theprovi- CLAUSE; AND PROVIDING AN Published On:
EFFECTIVE DATE. 2020,May22,2020
a f e this Ordinance commits That any person, o corpora-thre I May 21,
anloffense that is considered a tion,agent oranyemployeeof provi-
day C misdemeanor and each who violatesof the emits
bey the violationarate continues shall a o this Ordinance d a
bes
a separate offense o ha- anoffense that is considered h
ble5 . a fine of not more than class C misdemeanor ont and each
not r qA culpable for mental state is day the violationrate continues punis •
ha-
ble required for the commission , bela separate offense o ha-
of an offense under this Ordi- $5 . a fine of not almore than
nonce and need not be proved. not r A culpable mental ate is
not required for the commission
The penalty pin adds for thiy an an under this Ordi-
Ordinance ed.
addition to any nance and need not be pn this
other remedies the City may - The penalty inprovidedfor tot this
have under City ordinances and Ordinance is in addition to any
state law,including but not lira- other remedies the City may
ited to, suspension or revoca- have under City ordinances and
tion of a permit,and said penal- . state law,including but not lim-
ies outlined trrth -Executive ited to, suspension or revoca-
Orders issued to addressddress the tion of a permit,and said penal-
spread of COVID- ties outlined in the Executive
Orders Issued to address the •
spread of COVID- I '
PASSED AND APPROVED on 19 i -
;
this 4th day of May,2020. PASSED AND APPROVED on Clerk)
CITY OF NORTH RICHLAND this 4th day of May,2020. (Principal
HILLS CITY OF NORTH RICHLAND
By:/s/Oscar Trevino HILLS SUBSCRIBED AND SWORN TO
Mayor By:/s/Oscar Trevino
ATTEST: Mayor BEFORE ME,THIS 22nd day of
/s/Alicia Richardson ATTEST:City Secretary /s/Alicla Richardson -
May in the year of 2020
APPROVED AS TO FORM AND City Secretary
LEGALITY: APPROVED AS TO FORM AND
/s/Maleshia B.McGinnis_ LEGALITY:-
City Attorney City Attorney McGinnis
Note ublic-
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*;.7,i*= M Notary ID it 132031291
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