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Home My WebLink AboutPO 6861: STAY HOME-WORK SAFE EMERGENCY ORDER P. O. No. 6861 04/23/2020 GT FOURTH AMENDMENT 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, AS AMENDED; 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 s.po6861 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 WHEREAS, on April 3, 2020, the Mayor issued an Amended Stay Home- Work Safe Emergency Order for the citizens of Port Arthur and on that same date pursuant to Ordinance No. 20-35, the City Council adopted it as amended to reflect to reflect the changes set forth in Executive Order GA-14 and continued that particular order remains in effect until April 30, 2020, unless sooner terminated by ordinance of the City Council; and WHEREAS, on April 7, 2020, pursuant to Ordinance No. 20-37, the City Council extended the Declaration of Local Disaster due to the Public Health Emergency for an additional period of seven days; and WHEREAS, Governor Abbott did, in his order (GA-14), which was filed on March 31, 2020, specifically include religious services conducted in churches, congregations, and houses of worship as "essential services"; and WHEREAS, Executive Order GA-14 provides that all services should be provided through remote telework from home unless they are essential services that cannot be provided through telework; and WHEREAS, Executive Order GA-14 further provides that if religious services cannot be conducted from home or though remote services, they should be conducted consistent with the Guidelines from the President and the CDC in practicing good hygiene, environmental cleanliness, and sanitation, and by implementing social distancing to prevent the spread of COVID-19; and WHEREAS, on March 27, 2020, the Mayor issued a Stay Home-Work Safe Emergency Order for the citizens of Port Arthur and pursuant to Ordinance No. 20- 35, the City Council ratified, extended amended that said Order to reflect the changes set forth in Executive Order GA-14; and s.po6861 WHEREAS, on April 08, 2020, the Mayor Amended the Stay at Home-Work Safe Emergency Order for the citizens of Port Arthur as it pertains to recreation (Amendment No. 2); and WHEREAS, on April 14, 2020, pursuant to Ordinance 20-42, the City Council amended the Stay Home-Work Safe Order issued by the Mayor of the City of Port Arthur to reflect additional orders as it pertains to recreation; and WHEREAS, the existing Order continues to be in effect until April 30, 2020 and pursuant to §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 and as amended herein on in furtherance of the declaration of local disaster. Section 4. That Executive Order GA-14 supersedes any conflicting order issued by local officials in response to the COVD-19 disaster, but only to the extent that s.po6861 such a local order restricts essential services allowed by this executive order or allows gatherings prohibited by Executive Order GA-14. Section 5. That the Existing Stay Home-Work Safe Order is hereby adopted as amended to reflect the changes set forth herein and will continue to be in effect until , 2020, unless sooner terminated by ordinance of the City Council is delineated in Exhibit "A". Section 6. 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. Section 7. 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 $2,000.00 each day of violation shall constitute a separate offense. Section 8. 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 9. 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 10. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this 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: , s.po6861 Councilmembers: NOES: Thurman "Bill" Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: alecia Tizen , ? Attorney APPROVED FOR ADMINISTRATION. Ronald Burton, City Manager s.po6861 EXHIBIT "A" Will be presented at or before the City Council meeting s.po6861