HomeMy WebLinkAbout032060 ORD - 03/24/2020 1
Ordinance Approving and Extending the Second Amended Order Regarding
Public and Private Gatherings Ordered by the Mayor of the City of Corpus
Christi Texas on March 18, 2020; providing for penalties; and declaring an
emergency
WHEREAS, in March 2020, a respiratory disease caused by a novel coronavirus was detected in
Wuhan City, Hubei Province, China. The virus has been named "SARS-CoV-2" and the disease
it causes has been named "coronavirus disease 2019" ("COVID-19"). Symptoms of COVID-19
include fever, cough, and shortness of breath. Outcomes have ranged from mild to severe illness,
and in some cases death; and
WHEREAS, on January 30, 2020, the World Health Organization Director General declared the
outbreak of COVID-19 as a Public Health Emergency of International Concern and advised
countries to prepare for the containment, including active surveillance, early detection, isolation
and case management, contact tracing , and prevention of onward spread of the disease; and
WHEREAS, on January 31, 2020, the U.S. Health and Human Services Secretary declared a
public health emergency for the United States to aid the nation's healthcare community in
responding to COVID-19; and
WHEREAS, the identification of "community spread" cases of COVID-19 in the United States
could potentially signal that transmission of the virus may no longer be limited to travel to outbreak
areas or contact with travelers who have visited outbreak areas; and
WHEREAS, according to the Center for Disease Control ("CDC"), it is likely that at some point,
widespread transmission of COVID-19 in the United States will occur; and
WHEREAS,the CDC warns that widespread transmission of COVID-19 would translate into large
numbers of people needing medical care at the same time; schools, childcare centers,
workplaces, and other places for mass gatherings may experience more absenteeism; public
health and healthcare systems may become overloaded with elevated rates of hospitalizations
and deaths; other critical infrastructure, such as law enforcement, emergency medical services,
and transportation industry may also be affected; and health care providers and hospitals may be
overwhelmed; and
WHEREAS, COVID-19 testing capacity is inadequate to obtain levels of community infections,
and there is an ongoing risk and likelihood of significant numbers of COVID-19-positive patients
being identified in the City of Corpus Christi; and
WHEREAS,the City of Corpus Christi's Local Health Authority is taking steps to ensure the spread
of COVID-19 is contained, the community is kept safe, and the exposure risk is minimized; and
WHEREAS, the City, including its Local Health Authority, Health Department, Department of
Emergency Management, and other City partners, have been working successfully and diligently
to implement CDC guidelines, but now require additional tools and resources to protect the public
health given the current state of the epidemic and the need for a sustained response; and
WHEREAS, it is necessary to the public health of the residents of the City of Corpus Christi and
surrounding areas 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 virus; and
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WHEREAS, pursuant to the Texas Disaster Act of 1975, as amended, Texas Government Code
Annotated, Chapter 418, (the "Texas Disaster Act"), the Mayor is designated as the Emergency
Management Director of the City of Corpus Christi, and may exercise the powers granted to
the Governor on an appropriate local scale; and
WHEREAS, a declaration of local disaster due to this public health emergency includes the ability
to reduce the possibility of exposure to disease, control the risk, promote health, compel persons
to undergo additional health measures that prevent or control the spread of disease, including
isolation, surveillance, quarantine, or placement of persons under public health observation,
including the provision of temporary housing or emergency shelters for persons misplaced or
evacuated and request assistance from the Governor of state resources; and
WHEREAS, on March 13, 2020, the Mayor of the City of Corpus Christi Texas issued a
Declaration of Local State of Disaster due to this public health emergency, in which he declared
all rules and regulations that may inhibit or prevent prompt response to this threat suspended for
the duration of the incident; and
WHEREAS, pursuant to the authority granted to the Mayor under the Texas Disaster Act, the
Mayor did authorize the use of all available resources of state government and political
subdivisions to assist in the City's response to this situation; and
WHEREAS, the City of Corpus Christi, and the people and communities of the City have suffered
or face imminent threat to the public health and the potential for loss of life and property resulting
from a disaster: the introduction, transmission, or spread (or imminent threat of the same) of
COVID-19 in the City of Corpus Christi; and
WHEREAS, the Mayor of the City of Corpus Christi determined that emergency measures must
be taken to either prepare for or respond to a disaster due to this public health emergency in order
respond quickly, prevent and alleviate the suffering of people exposed to and those infected with
the virus, as well as those that could potentially be infected or impacted by COVID-19, and to
prevent or minimize the loss of life; and
WHEREAS, during the state of disaster the Mayor and the Nueces County Judge issued the
following orders in the interest of public health, safety and welfare:
a. Order Regarding Public and Private Gatherings ordered on March 14, 2020;
and
b. First Amended Order Regarding Public and Private Gatherings ordered on March 16,
2020; and
c. Second Amended Order Regarding Public and Private Gatherings ordered on March 18,
2020;
WHEREAS, Section 16-3(c) Code of Ordinances, City of Corpus Christi, requires the City Council
to consent to the continuation of a local state of disaster declared by the Mayor for a period in
excess of 7 days;
WHEREAS, the Declaration of Local State of Disaster was extended by action of the City Council
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on March 17, 2020;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI, TEXAS:
Section 1. That the following order issued by the Mayor (attached) during the state of disaster is
adopted by the City Council, shall remain in effect, and shall continue to have the force and effect
of law until the earlier of 12:01 a.m. on April 17, 2020 or the date the State or National Emergency
declaration is terminated, which order is subject to extension pursuant to the requirements of state
law:
a. Second Amended Order Regarding Public and Private Gatherings ordered on March 16, 2020.
Section 2. That the orders issued during the local state of disaster shall have the force and effect
of law until the state of disaster is terminated.
Section 3 . Publicity and Filing. Pursuant to §418.108(c) of the Texas Disaster Act, the
orders issued under the declaration of a local state of disaster due to this public health emergency
shall be given prompt and general publicity and shall be filed promptly with the City Secretary.
Section 4. A violation of this ordinance or of the orders continued or issued hereunder is a
violation of the emergency management plans, punishable by a fine of up to $500 per violation
and separate day of violation, imprisonment of up to 180 days per violation and separate day of
violation, and additional amounts as authorized by law.
Section 5. Publication shall be made as required by the City Charter.
Section 6. That upon written request of the Mayor of five Council members, copy attached, the
City Council (1) finds and declares an emergency due to the need for immediate action necessary
for the efficient and effective administration of City affairs and (2) suspends the Charter rule that
requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure on this the
day of March, 2020.
ATTEST: , CITY OF CORPUS CHRISTI
"1" ,fLe_46e. kvt_
Rebecca Huerta Jo cComb
City Secretary Ma
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I day of nG(LV\ , 2020
Corpus Christi, Texas �
PASSED AND APPROVED on this the 1 1
day of VWLAA , 202
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced or at the present meeting of the City Council.
Respectfully, Respectfully,
Joe 'Comb
Ma, •
Council Members
The above ordinance was passed by the following vote:
•
Joe McComb 11
Roland Barrera
Rudy Garza
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy AIL
Greg Smith
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Caller Times
PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE OF PASSAGE OF NOTICE OF PASSAGE OF
ORDINANCE(S)EORDINANCES)
Ordinance NO. 032060, Ordinance
NO. 0
CITY OF CORPUS CHRIS TI -SECRETARY Approving 0, Ordi Extending Approving and Extending
PO BOX 9277 the Second Amended Order the Second Amended Order
Regarding Public and Regarding Public and
Private Gatherings Private Gatherings
CORPUS CHRISTI, TX 78401 Ordered by the Mayor of Ordered by the Mayor of
the City of Corpus Christi, the City of Corpus Christi,
Texas on March 18, 2020; Texas on March 18, 2020;
providing for penalties; providing for penalties;
and declaring an and declaring an
STATE OF WISCONSIN) emergency. This ordinance emergency. This ordinance
)) was passed and approved was passed and approvedthe
on emergency by the on emergency by
COUNTY OF BROWN) Corpus Christi City Council Corpus Christi City Council
on March 24,2020. on March 24,2020.
/s/Rebecca Huerta /s/Rebecca Huerta
I,being first duly sworn, upon oath depose and say that I City Secretary City Secretary
am a legal clerk and employee of the publisher, namely, the
Corpus Christi Caller-Times, a daily newspaper published
at Corpus Christi in said City and State, generally circulated
in Aransas, Bee. Brooks, Duval, Jim Hogg, Jim Wells,
Kleberg, Live Oak, Nueces, Refugio, and San Patricio,
Counties,and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
on the following dates:
03/30/2020
On this March 30,2020, I certify that the attached document
is a true and exact copy made by the publisher:
A7Ci
Legal Notice Clerk
idu
NotarQp State df WisconsiO County of Brown
Gi-iq„A
Notary Expires
Publication Cost: $97.15 o\\ttttliiissio,
Ad No: 0004129138 \\��0 c_,\(Y FF4T%,,��i
Customer No: 1490432 J /-
PO#. 032060
#of Affidavits1 _ NOTARY
This is not an invoice = • ��� :
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