HomeMy WebLinkAboutORD 20-019ORDINANCE NO. 20-019
ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT
SUSPENDING THE STAY HOME -WORK SAFE ORDERS OF THE CITY
OF BEAUMONT; DEFERRING TO THE EFFECTIVE ORDERS OF THE
GOVERNOR OF THE STATE OF TEXAS; PROVING FOR
SEVERABILITY AND PROVIDING FOR REPEAL.
WHEREAS, on the March 16, 2020 and March 23, 2020, the Mayor issued a
Proclamation, as amended March 19, 2020 and March 23, 2020, declaring a State of
Disaster for the City of Beaumont, Texas resulting from the imminent threat to the public
health and the potential loss of life from the spread of COVID-19 in the City of
Beaumont; and,
WHEREAS, the City Council, on March 23, 2020, passed Ordinance No. 20-010
extending the Declaration of Local Disaster due to public health emergency until such
time as the Declaration is terminated by ordinance of the City Council; and,
WHEREAS, the Mayor, or March 27, 2020, issued at Stay Home -Work Safe
Order, as amended on March 31, 2020, for the citizens of Beaumont; and,
WHEREAS, on the 3rd day of April 2020, the City Council passed Ordinance No.
20-015 extending the Stay Home -Work Safe Order issued by the Mayor, as amended to
continue in effect until terminated by ordinance of the City Council; and,
WHEREAS, the conditions necessitating Declaration of a State of Disaster in the
City of Beaumont continue to exist and the Disaster Declaration should continue; and,
WHEREAS, Texas Governor Greg Abbott has issued Executive Orders relating
to statewide continuity of essential services and activities during the COVID-19 disaster;
and,
WHEREAS, Governor Abbott recently issued Executive Order No. GA -18 on
April 27, 2020 addressing the reopening of services in the State of Texas; and,
WHEREAS, Executive Order No. GA -18 supersedes Executive Order No. GA -16,
but does not supersede Executive Order Nos. GA -10, GA -11, GA -12, GA -13, GA -15, or
GA -17; and,
WHEREAS, the Executive Orders are similar in most pertinent respects to the
Stay Home -Work Safe Orders issued by the Mayor, as extended by the City Council, by
Ordinance No. 20-015; and,
WHEREAS, the Executive Orders suspend the applicable provisions of Texas
Government Code Chapter 418 and any other relevant statutes to the extent that local
officials do not impose restrictions inconsistent with the Governor's Orders, provided
that local officials may enforce the Executive Orders as well as local restrictions that are
consistent with the Executive Orders; and;
WHEREAS, it is in the best interest of the citizens of Beaumont to suspend the
local Stay Home -Work Safe Orders and defer to the enforcement of the effective Orders
of the Governor of the State of Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
Pursuant to Section 122.006 of the Texas Health and Safety Code, the City is
authorized to take any actions necessary to promote health and suppress disease,
including quarantine, examining and regulating hospitals. The City of Beaumont 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
and/or determination of a positive test thereof.
Section 2.
That the Stay Home -Work Safe Orders of the City of, Beaumont, as amended,
are hereby suspended.
Section 3.
That the declared Local State of Disaster for the City of Beaumont and public
health emergency shall continue until terminated by Ordinance of the City Council.
Section 4.
That all effective Executive Orders of the Governor of the State of Texas shall
control the activities of the citizens of Beaumont with respect to the Disaster Declaration
made necessary by the imminent threat to the public health and the potential loss of life
from the spread of COVID-19.
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 are
declared to be severable.
Section 6.
This ordinance is passed as an emergency measure and pursuant to local
authority for emergency measures and shall become effective immediately upon its
approval.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of
May, 2020.
- May I
ecky Ames -