HomeMy WebLinkAboutPO 6964: RESCINDING ORD NO. 21-35 IN ITS ENTIRETY AS IT PERTAINS TO AMENDING ARTICLE II P. O. NO. 6964
06/03/21 gt/sb
ORDINANCE NO.
AN ORDINANCE RESCINDING ORDINANCE NO. 21-35 IN ITS ENTIRETY
AS IT PERTAINS TO AMENDING ARTICLE II (CITY COUNCIL),
DIVISION 2. (MEETINGS), ADDING SECTION 2-50 (IN PERSON
MEETINGS) OF THE CODE OF ORDINANCES OF THE CITY OF PORT
ARTHUR AS IT PERTAINS TO TEMPORARY COVID PROTOCOLS FOR IN
PERSON CITY COUNCIL MEETINGS
WHEREAS, on April 27, 2021, the Port Arthur Ciy Council adopted a motion to return
to In Person Council Meetings on July 6, 2021, and implement In Person/Video Conference
meetings by September 1, 2021; and
WHEREAS, on May 11, 2021, the Port Arthur City Council adopted Ordinance No. 21-
35 in order to advance the City's Public Health Goal to slow the spread of the Coronavirus
(COVID-19) the City Council deems it necessary to implement Temporary Meeting Protocols;
and
WHEREAS, on May 18, 2021, Governor Gregg Abbott issued Executive Order GA 36
prohibiting governmental entities and officials from mandating face coverings or restricting
activities in response to the COVID - 19 disaster attached hereto as Exhibit "A"; and
WHEREAS, pursuant to the legislature's command in Section 418.173 of the Texas
Government Code and the State's emergency management plan, the imposition of any such
face-covering requirement by a local governmental entity or official constitutes a "failure to
comply with" this executive order that is subject to a fne up to $1,000, beginning at 11:59
p.m. on May 21, 2021.
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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.
Section 2. That Ordinance No. 21-35 is rescinded in its entirety.
Section 3. That this Ordinance shall be effective immediately.
Section 4. That a copy of the caption of this Ordinance be spread upon the minutes
of the City Council.
READ, ADOPTED, AND APPROVED, this day of , 2021, A.D., at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
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APPROVED AS TO FORM:
Valecia R. izeno i Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
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EXHIBIT "A"
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GOVERNOR GREG ABBOTT
FILED IN THE OFFICE OF THE
May 18,2021 SECRETARY OF STATE
2• —Ai•'CLOCK
q , ; 2 1�% //�
Secr-►ry of State
The Honorable Ruth R.Hughs
Secretary of State
State Capitol Room 1E.8
Austin,Texas 78701
Dear Secretary Hughs:
Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following:
Executive Order No.GA-36 relating to the prohibition of governmental entities and
officials from mandating face coverings or restricting activities in response to the
COVID-19 disaster.
The original executive order is attached to this letter of transmittal.
Respectfully submitted,
gory av son
'-cutive C erk to the Governor
GSD%gsd
Attachment
POST OFFICE Box 12428 AuSTIN,TEXAS 78711512-463-2000(VOICE)DIAL 7-1-1 FOR RELAY SERVICES
®rrr
BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin,Texas
May 18,2021
EXECUTIVE ORDER
GA 36
Relating to the prohibition of governmental entities and officials from mandating face
coverings or restricting activities in response to the COVID-19 disaster.
WHEREAS,I,Greg Abbott,Governor of Texas,issued a disaster proclamation on March
13,2020,certifying under Section 418.014 of the Texas Government Code that the novel
coronavirus(COVID-19)poses an imminent threat of disaster for all counties in the
State of Texas;and
WHEREAS,I issued Executive Order GA-34 on March 2,2021,to open Texas 100
percent and remove face-covering requirements;and
WHEREAS,since then,COVID-19 hospitalizations and the rate of new COVID-I9 cases
have continued their steady decline;and
WHEREAS,Executive Order GA-34 specifically provides that"no person may be
required by any jurisdiction to wear or to mandate the wearing of a face covering,"and,
notwithstanding that order,some local governmental entities have caused confusion by
nonetheless purporting to require face coverings;and
WHEREAS,Executive Order GA-34 also provides that"there are no COVED-19-related
operating limits for any business or other establishment,"that any"conflicting order
issued by local officials in response to the COVID-19 disaster"is superseded,and that
all relevant statutes are suspended to the extent necessary to preclude inconsistent local
orders;and
WHEREAS,to further ensure statewide uniformity,and based on the continued
improvement of conditions in Texas,revised standards are appropriate to achieve the
least restrictive means of combatting COVID-19;and
WHEREAS,in the Texas Disaster Act of 1975,the legislature charged the governor with
the responsibility"for meeting ... the dangers to the state and people presented by
disasters"under Section 418.011 of the Texas Government Code,and expressly granted
the governor broad authority to fulfill that responsibility;and
WHEREAS,under Section 418.012,the"governor may issue executive orders ...
hav[ing)the force and effect of law;"and
WHEREAS,under Section 418.016(a),the"governor may suspend the provisions of any
regulatory statute prescribing the procedures for conduct of state business ... if strict
compliance with the provisions... would in any way prevent,hinder,or delay necessary
action in coping with a disaster;"and
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
I2'.15 P+^^ O'CLOCK
MAY 1 8 2021
Governor Greg Abbott Executive Order GA-36
May 18,2021 Page 2
WHEREAS,under Section 418.018(c),the"governor may control ingress and egress to
and from a disaster area and the movement of persons and the occupancy of premises in
the area;"and
WHEREAS,under Section 418.173,the legislature authorized as"an offense,"
punishable by a fine up to$1,000,any"failure to comply with the[state emergency
management plan]or with a rule,order,or ordinance adopted under the plan;"
NOW,THEREFORE,I,Greg Abbott,Governor of Texas,by virtue of the power and
authority vested in me by the Constitution and laws of the State of Texas,do hereby order
the following on a statewide basis effective immediately:
1. No governmental entity,including a county,city,school district,and public health
authority,and no governmental official may require any person to wear a face
covering or to mandate that another person wear a face covering;provided,
however, that:
a. state supported living centers,government-owned hospitals,and government-
operated hospitals may continue to use appropriate policies regarding the
wearing of face coverings;and
b. the Texas Department of Criminal Justice,the Texas Juvenile Justice
Department,and any county and municipal jails acting consistent with
guidance by the Texas Commission on Jail Standards may continue to use
appropriate policies regarding the wearing of face coverings.
2. Notwithstanding the above,public schools may continue to follow policies
regarding the wearing of face coverings to the extent reflected in current guidance
by the Texas Education Agency,until June 4,2021. The Texas Education Agency
shall revise its guidance such that,effective 11:59 p.m.on June 4,2021,no student,
teacher,parent,or other staff member or visitor may be required to wear a face
covering.
3. This executive order shall supersede any face-covering requirement imposed by any
local governmental entity or official,except as explicitly provided in paragraph
numbers 1-2. To the extent necessary to ensure that local governmental entities or
officials do not impose any such face-covering requirements,I hereby suspend the
following:
a. Sections 418.1015(b)and 418.108 of the Texas Government Code;
b. Chapter 81,Subchapter E of the Texas Health and Safety Code;
c. Chapters 121, 122,and 341 of the Texas Health and Safety Code;
d. Chapter 54 of the Texas Local Government Code;and
e. any other statute invoked by any local governmental entity or official in
support of a face-covering requirement.
Pursuant to the legislature's command in Section 418.173 of the Texas Government
Code and the State's emergency management plan,the imposition of any such face-
covering requirement by a local governmental entity or official constitutes a"failure
to comply with"this executive order that is subject to a fine up to$1,000,beginning
at 11:59 p.m.on May 21,2021.
4. Under Executive Order GA-34,business activities and legal proceedings are free to
proceed without COVID-19-related limitations imposed by local governmental
entities or officials,in all counties not in an area of high hospitalizations as defined
in that executive order. Executive Order GA-34 also superseded any conflicting
local order in response to the COVID-19 disaster,and directed that all relevant laws
FILED in
S 1 T� STkiE
O'CLOCK
MAY 18 2021
Governor Greg Abbott Executive Order GA-36
May 18,2021 Page 3
are suspended to the extent necessary to preclude any such inconsistent local orders.
Pursuant to the legislature's command in Section 418.173 of the Texas Government
Code and the State's emergency management plan,the imposition of any conflicting
or inconsistent limitation by a local governmental entity or official constitutes a
"failure to comply with"this executive order that is subject to a fine up to$1,000,
beginning at 11:59 p.m.on May 21,2021.
This executive order supersedes subparagraph numbers 1(b)and 2(c)(iii)of Executive
Order GA-34,but does not otherwise supersede Executive Orders GA-10,GA-13,GA-
34,or GA-35. This executive order shall remain in effect and in full force unless it is
modified,amended,rescinded,or superseded by the governor. This executive order may
also be amended by proclamation of the governor.
Given under my hand this the 18th
day of May,2021.
-•-
E+r
f`ro r
GREG A BOTT
Governor
ATTE BY:
7041/�•.%
UTH R. HUGHS
Secretary of State
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
t2;15P'i—O'CLOCK
MAY 1 8 2021