Ord 30-2020 Amending Emergency Order ratified 05.05.2020 5/19/2020Ordinance No. 30-2020
Ordinance amending the Order ratified by the City Council on May 5,
2020; declaring an emergency
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 ratified such Order on May 5, 2020; and,
WHEREAS, the Council deems it advisable to amend such Order in light of the
fact that City offices were reopened to the public on May 18, 2020.
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 amends the Order approved by ordinance on May 5, 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continue unless modified or rescinded.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 19th day of May, 2020.
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CITY OF WICHITA FALLS, TEXAS
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T E X A
AN ORDER ISSUED BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF WICHITA FALLS
MAY 19, 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 May 11, 2020, there are 38,869 persons confirmed to have
COVID-19 in Texas, with 75 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, and wearing face coverings
in public places.
4. The City of Wichita Falls asks that everyone support Governor Abbott's
Texans Helping Texans protocols, as well as his Executive Orders GA-19, GA-21, 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.
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6. 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.
7. Posting of this Order. The Wichita Falls/Wichita County Public Health
District will post this Order on its website.
8. 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 19t" 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.
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Stephen Santellana, Mayor
City of Wichita Falls
Filed with me, the City Clerk of the City of Wichita Falls, this 19t" 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.
la
Marie Balthrop, Cs y Clerk
City of Wichita Falls