Ord 29-2020 Ratifying the Emergency Order issued 04.28.2020 5/5/2020Ordinance No. 29-2020
Ordinance ratifying the Order issued by Mayor Santellana on April 28,
2020; declaring an emergency
WHEREAS, as a result of the COVID-19 pandemic, the City of Wichita Falls is
currently facing exposure of its citizens to this deadly virus, as well as tremendous
economic losses; and,
WHEREAS, on March 27, 2020, the Wichita Falls City Council issued a Shelter in
Place Order, which was amended on March 31, 2020; and,
WHEREAS, the City of Wichita Falls has had 63 positive cases of the virus at the
time of the drafting of this ordinance; and,
WHEREAS, on April 27, 2020, Governor Abbott issued Executive Orders GA-18,
GA-19, and GA-20, designed to put in place guidelines and restrictions regarding the
COVID-19 pandemic; and,
WHEREAS, Mayor Santellana issued an Order on April 28, 2020, designed to
comply with the referenced Executive Orders; and,
WHEREAS, the City Council desires to ratify such Order.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Pursuant to Section 418.108 of the Texas Government Code, the City
Council hereby ratifies the Order issued by Mayor Santellana on April 28,
2020.
2. Pursuant to Section 418.108(b) of the Texas Disaster Act, this Order shall
continue unless modified or rescinded.
3. This ordinance is passed as an emergency measure and shall become
effective immediately upon its passage.
PASSED AND APPROVED this the 5t" day of May, 2020.
ATTEST:
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City Clerk
CITY OF WICHITA FALLS, TEXAS
li icC Iia ' AS
T E X A
AN ORDER ISSUED BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF WICHITA FALLS
MAY 5, 2020
WHEREAS, on March 13, 2020, President Donald Trump declared a national
emergency regarding COVID-19; and,
WHEREAS, March 13, 2020, Governor Greg Abbott declared a national
emergency regarding COVID-19; and,
WHEREAS, the COVID-19 virus is contagious and spreads through person -to -
person contact, especially in group settings; and,
WHEREAS, on March 19, 2020, Governor Abbott issued Executive Order GA 08
Relating to COVID-19 Preparedness and Mitigating, stating people shall avoid social
gatherings in groups of more than 10 people and closed all schools until April 3, 2020;
and,
WHEREAS, on March 19, 2020, and March 25, 2020, due to the substantial risks
to the public, Mayor Santellana issued an order deeming it in the public interest to prohibit
anywhere in the City of Wichita Falls, Community Gatherings of more than 10 people;
and,
WHEREAS, at his March 22, 2020 press conference, the Governor acknowledged
that the urban centers may need to enact more stringent measures to address this public
health emergency and stated that he would applaud the cities for doing so; and,
WHEREAS, as of April 28, 2020, there are 25,297 persons confirmed to have
COVID-19 in Texas, with 63 of those residing in Wichita County, Texas; and,
WHEREAS, this Order is issued based on evidence of increasing occurrence of
COVID-19 within the City and throughout the Central Texas area, scientific evidence and
best practices regarding the most effective approaches to slow the transmission of
communicable diseases generally and COVID-19 specifically, the evidence that the age,
condition, and health of a significant portion of the population of the City places it at risk
for serious health complications, including death, from COVID-19; and,
WHEREAS, making the problem worse, some individuals who contract the
COVID-19 virus have no symptoms or have mild symptoms, which means they may not
be aware they carry the virus; and,
WHEREAS, because even people without symptoms can transmit the disease,
and because evidence shows the disease is easily spread, gatherings can result in
preventable transmission of the virus; and,
WHEREAS, the scientific evidence shows that at this stage of the emergency, it is
essential to slow virus transmission as much as possible to protect the most vulnerable
and to prevent the health care system from being overwhelmed. One proven way to slow
the transmission is to limit interactions among people to the greatest extent practicable.
By reducing the spread of the COVID-19 virus, this Order helps preserve critical and
limited healthcare capacity in the City; and,
WHEREAS, the Mayor and City Council have determined that extraordinary and
immediate measures must be taken to respond quickly to prevent and slow down
community spread of COVID-19.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
WICHITA FALLS, PURSUANT TO THE AUTHORITY VESTED BY TEXAS
GOVERNMENT CODE CHAPTER 418, HEREBY FINDS, RESOLVES AND ORDERS
THAT:
1. The findings and recitations set out in the preamble to this Order are
incorporated herein and found to be true and correct, and they are hereby adopted by the
Mayor and City Council and made a part hereof for all purposes. This Order rescinds and
replaces prior Orders.
The previously declared local state of disaster for the City of Wichita Falls, Texas,
is hereby renewed and continued, as amended herein.
Pursuant to §418.108(b) of the Texas Government Code, this renewal and
continuance of the declaration of a local state of disaster shall be given prompt and
general publicity and shall be filed promptly with the City Clerk.
Pursuant to §418.108(d) of the Texas Government Code, this renewal and
continuance of the declaration of a local state of disaster activates the City's emergency
management plan.
2. Effective Date. This modified Order is effective immediately, and continues
in effect unless terminated or modified by a subsequent Order.
3. COVID-19 Guidelines. It is strongly recommended that Individuals and
Business should follow the Guidelines from the President and the CDC and Texas
Department of Health and Human Services by practicing good hygiene, environmental
cleanliness, and sanitation, implementing social distancing, wearing face coverings in
public places, and working from home if possible.
4. The City of Wichita Falls asks that everyone support Governor Abbott's
Texans Helping Texans protocols, as well as his Executive Orders GA-18, GA-19, and
GA-20, as well as any future executive orders.
5. Reporting of COVID-19 Tests.
(a) All doctors located in Wichita Falls ordering COVID-19 testing and all public,
private, and commercial laboratories operating within Wichita Falls and
performing COVID-19 testing are Ordered to report to the Wichita Falls -
Wichita County Public Health District, at 940-761-7803, the following
information:
1. report by 3:00 p.m. each day for the prior 24-hour period the number
of COVID-19 tests performed;
2. report immediately the number of positive COVID-19 tests; and,
3. report by 3:00 p.m. each day for the prior 24-hour period the number
of negative COVID-19 tests.
(b) This information will be used solely for public health purposes to mitigate
and contain the spread of COVID-19.
6. Suspension and Modification of Ordinances.
a. Any ordinances or regulations that conflict with this amended proclamation
are suspended or modified as necessary to make this amended
proclamation effective.
b. Any ordinance or regulation that imposes an obligation upon the City to
bring an application, waiver, or variance to the next available meeting
required by ordinance to any board or commission is hereby suspended,
including but not limited to the following ordinances:
(1) 7220 — Public hearing and notice for a Conditional Use Permit.
(2) 7325 -- Public hearing and notice for a Variance.
(3) 7430 — Public hearing and notice for Administrative Appeals.
(4) 7525 — Public hearing and notice for Zoning Amendments.
C. The following City of Wichita Falls Code of Ordinances are hereby
suspended:
(1) Chapter 10, Article III. — Shows, Carnivals and Circuses. Transient
show permits shall not be issued.
(2) Chapter 26, Article III. — Solicitors. Solicitation permits shall not be
issued.
(3) Chapter 26, Article IV. — Itinerant Merchants. Itinerant merchant
permits shall not be issued.
(4) Chapter 14, Article IV, Division 3, Sec. 14-373(b) - (e). — Waiver of
requirement to provide proof of rabies vaccination and spay/neuter
reclaimed animal.
d. The following are hereby modified:
(1) Chapter 22, Article 11, Sec. 22-27. — Changes, Section 109.1
Payment of fees shall be modified as follows:
a. The building official shall have the authority to issue a permit
without fee and issue an invoice for said permit to be paid at a
later date.
(2) Chapter 58, Article IV, Sec. 58-138(c)(1) shall be modified as
follows..
a. A manager of operations of a public or semi-public aquatic facility
shall obtain certification from the regulatory authority. A manager
of operations may obtain certification if a manager of operations
has successfully completed a training course conducted by the
regulatory authority in the preceding three years.
e. Suspension or modification of the ordinances and regulations shall remain
in effect until these regulations are terminated or until the state of disaster
is terminated, whichever is sooner.
7. Enforcement. The Wichita Falls Police Department, Wichita County
Sheriff's Office, the Wichita Falls Fire Marshal's Office, and other Texas peace officers,
are hereby authorized to enforce this order. A violation of this order may be punishable
through criminal or civil enforcement. A violation of this order shall be a Class C
misdemeanor and the penalty for violating this Order shall be a fine of not less than one
dollar ($1.00) and no more than one thousand dollars ($1,000.00), as authorized by Texas
Government Code 418.173.
8. Posting of this Order. The Wichita Falls/Wichita County Public Health
District will post this Order on its website.
9. Savings Clause. If any provision of this Order or its application to any
person or circumstance is held by a court of competent jurisdiction to be invalid or
unconstitutional, then the remainder of the Order, including the application of such part
or provision to other persons or circumstances, shall not be affected and shall continue
in full force and effect. To this end, the provisions of this Order are severable.
ORDERED this the 5t" day of May, 2020, in the City of Wichita Falls, Wichita
County, Texas, in witness whereof I subscribe my name and cause to be affixed the seal
of the City of Wichita Falls.
Y44- �t W�
Stephen Santellana, Mayor
City of Wichita Falls
Filed with me, the City Clerk of the City of Wichita Falls, this 5t" day of May, 2020,
by Mayor Stephen Santellana, whose signature I hereby attest under my hand and the
seal of the City of Wichita Falls.
/ au,,4
Marie Balthrop, City�Clerk
City of Wichita Falls