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Home My WebLink AboutORD 20-045ORDINANCE NO. 20-045 ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING ORDINANCE 20-031 TO AMEND THE PUBLIC HEALTH EMERGENCY DISASTER ORDERS FOR THE CITY OF BEAUMONT; CONTINUING THE CLOSURE OF CERTAIN CITY FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR REPEAL. WHEREAS, on the 16th day of March 2020, the Mayor issued a Proclamation, as was 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, Governor Abbott recently issued Executive Orders relating to the expanded reopening of services as part of a safe, strategic plan to Open Texas in response to the COVID-19 pandemic; and, WHEREAS, the Executive Orders suspend the applicable provisions of the 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, the City Council, on May 5, 2020, passed Ordinance No. 20-018 amending Ordinance No. 20-010 to amend the Public Health Emergency Disaster Orders for the City of Beaumont deferring to the Executive Orders of the Governor and opening certain City facilities; and, WHEREAS, the City Council, on May 26, 2020, passed Ordinance No. 20-020 amending Ordinance No. 20-018 to amend the Public Health Emergency Disaster Orders for the City of Beaumont opening certain City facilities; WHEREAS, the City Council, on July 28, 2020, passed Ordinance No. 20-031 amending Ordinance No. 20-020 to amend the Public Health Emergency Disaster Orders for the City of Beaumont opening certain City facilities; and, WHERAS, the City of Beaumont has seen a spike in the positive cases and additional deaths in the past several weeks; and, WHEREAS, the recent increase in positive cases is impacting the health care systems causing an increase in hospitalizations and ICU capacity; and, WHEREAS, allowing the opening of non -essential public facilities encouraging large gatherings poses a direct threat to the health, safety and welfare of the citizens of Beaumont; and, WHEREAS, it is in the best interest of the citizens of Beaumont to review the City of Beaumont Declaration of Local Disaster Orders to address the continued closure of City facilities in the City of Beaumont to minimize the spread of the coronavirus; 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. THAT Ordinance No. 20-018 amending Ordinance No. 20-010 extending the declared State of Local Disaster be amended to further amend the adopted Declaration Orders as follows: That the March 23, 2020 amendment to the Declaration, attached hereto as Exhibit 'A," as amended, is hereby further amended to provide for the closure of the following City facilities: Lakeside Center, Downtown Library, Civic Center (with the exception of the Beaumont Children's Museum which is a tenant in the Civic Center Building), Event Centre, Julie Rogers Theatre, Jefferson Theatre, Sterling Pruitt Center, and the Community Centers. Section 2. The City of Beaumont suspends the charging and collection of all fares for service for the Beaumont Municipal Transit System. Beaumont Municipal Transit shall enforce the social distancing requirements. Travel shall be limited to the essential travel as outlined herein. Section 3. Temporary Outdoor Restaurant Operations Permit: The City of Beaumont will allow the use of outdoor seating in parking lot areas of restaurants using tents, umbrellas or other covering upon application and the issuance of a permit. Section 4. That the proclaimed State of Public Health Disaster for the City of Beaumont shall continue in effect until terminated by 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 are declared to be severable. Section 6. 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 7. 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 8th day of September, 2020. �t7o a ®®�.q®®® �, �U�v'�� Mayor Becky Ames - 69 LIJ a,„� i CiTY OF BEAUMONT SECOND AMENDED DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY WHEREAS, on March 16, 2020, pursuant to Texas Government Code, Section 418.108(b), the Mayor, as Emergency Management Director, declared for the City of Beaumont a local disaster due to public health emergency caused by the threat of the transmission and spread of COVID-19 In the City of Beaumont, and, WHEREAS, due to the ongoing threat of the spread of the COVID-19 virus and the need to update measures to reduce the potential of exposure and transmission .of the disease, it is necessary to amend the Declaration of Local Disaster, NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF BEAUMONT, TEXAS: THAT the March 16, 2020 Declaration of Local Disaster as amended March 19, 2020 be amended and supplemented as follows: Section I. City Facilities, In keeping with the directives of the CDC, the following City facilities will be closed to the public: City Hall, the Downtown Library, Tyrrell Historical Library, Civic Center, Event Centre, Julie Rogers Theatre, Jefferson Theatre, Lakeside Center, Sterling Fruift Center, community centers, Athletic Complex, Tennis Center, the Municipal Court and the Convention and V181tors Bureau facili y. The City Council will considerthese closures at the Council meeting held Monday, March.23, 2020 in the City Council Chambers at 1:30 p.m. The following facilities will remain open to the public for normal operations: Henry Homberg Golf Course, Municipal Transit, City parks, Elmo Willard Library, Theodore Johns Library, and the Miller Library, No special events will be scheduled at these facilities. Section 2. That the operation of the compefitive bidding requirements of the City of Beaumont are hereby suspended and removed for a period of ninety (90) days from and after March 23, 2020, unless the State of Disaster is earlier terminated, provided however, that Insofar as practical bids, quotations, or estimates -of material, labor and other costs for purchases, goods, works, and the like described shall be diligently solicited and procured before entering into contracts therefore and such contract, if awarded, shalt be made to the lowest, best or expedient bid, quotation, or estimate received. The determination of the lowest, best, or expedient bid, quotation, or estimate shall be within the sole discretion of the City Manager or his designee and his decision shall be final.' signing. Section 3. This amendment and supplement shall take effect immediately upon EXHIBIT "A" - ORDERED this r4a o Y f March, 2020. mn AT EST: - M*y)*BecAm4es - city Clerk 9