HomeMy WebLinkAboutPO 6852: AN ORDINANCE CONFIRMING, RATIFYING, AND EXTENDING THE STAY HOME-WORK SAFE EMERGENCY ORDER P. O. No. 6852 04/01/2020 vrt ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, CONFIRMING, RATIFYING, AND EXTENDING THE STAY HOME-WORK SAFE EMERGENCY ORDER OF THE CITY OF PORT ARTHUR; PROVIDING FOR FINDINGS OF FACT, REPEALER, SEVERABILITY, ENFORCEMENT, AND PENALTY WHEREAS, the novel coronavirus (COVID-19) has been recognized globally as a contagious respiratory virus and spreads through person-to-person contact, especially in group settings; and, WHEREAS, on March 13, 2020, a Declaration of State of Disaster was issued by Governor Abbott to take additional steps to prepare for, respond to, and mitigate the spread of COVID-19 to protect the health and welfare of Texans; and, WHEREAS, on March 17, 2020, the Port Arthur City Council passed Ordinance No. 20-23 Declaring a Public Health Emergency; and, WHEREAS, on March 19, 2020, Governor Abbott issued Executive Order GA 08 Relating to COVID-19 Preparedness and Mitigation 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 24, 2020, a Declaration of Local Disaster was issued as amended on March 27, 2020 by Mayor Thurman Bartie to allow the City of Port Arthur to take measures to reduce the possibility of exposure to COVID- 19 and promote the health and safety of Port Arthur residents; and, WHEREAS, on March 27, 2020, the Mayor issued a Stay Home-Work Safe Emergency Order for the citizens of Port Arthur; and WHEREAS, on March 31, 2020, pursuant to Ordinance No. 20-29, the City Council extended the Declaration of Local Disaster due to the Public Health Emergency for an additional period of seven days; and s.po6852 WHEREAS, the Mayor has determined that further restriction of movement of persons was necessary to reduce the substantial risk of harm to the public and, therefore, as long as this Order is in effect, all individuals anywhere in the City of Port Arthur are required to stay at home or place of residence, except to perform certain essential activities, or to perform work in or obtain services from an Essential Business, Essential Government Service, or in Critical Infrastructure; and, WHEREAS, Section 418.108 (b) of the Texas Government Code provides that a Local State of Disaster may not be continued for a period in excess of seven (7) days without the consent of the governing body of the political subdivision. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. The foregoing recitals are incorporated into this Emergency Ordinance by reference as findings of fact as if expressly set forth herein. Section 2. That pursuant to Section 122.006 of the Texas Health and Safety Code, the City is authorized to take action to promote heath and suppress disease, including quarantine, examining and regulating hospitals. The City of Port Arthur hereby declares that those persons under investigation, persons under management and quarantined persons remain within the confines of their homes or in safe, secure facilities during the quarantine period following their exposure to the COVID-19 virus. Section 3. That the City Council of the City of Port Arthur, Texas, in accordance with the authority vested in the governing body of the City of Port Arthur, Texas, by Section 418.108 of the Texas Government Code, hereby confirms and ratifies the Stay Home-Work Safe Order issued by the Mayor of Port Arthur on March 27, 2020 in furtherance of the declaration of local disaster, as described in Exhibit "A". Section 4. That the Stay Home-Work Safe Order issued by the Mayor of the City of Port Arthur on March 27, 2020 is hereby adopted and shall continue in effect until terminated by ordinance of the City Council. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance declared to be severable. s.po6852 Section 6. That any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. Section 7. That this ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective immediately upon passage. Section 8. That all ordinances and parts of ordinances in conflict herewith are herein repealed to the extent of the conflict. The personnel policies to the employees shall also be amended accordingly. Section 9. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this 3rd day of April A.D., 2020, at an Emergency Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: , Councilmembers: , NOES: . Thurman "Bill" Bartle, Mayor ATTEST: Sherri Bellard, City Secretary s.po6852 APPROVED AS TO FORM: Valecia Tiz- o, ity a o ney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager s.po6852 EXHIBIT "A" Will be presented at or before the City Council meeting. s.po6852