EMERGENCY ORDINANCE NO. 2020-3-08
CITY COUNCIL OF THE CITY OF DECATUR, TEXAS
DECLARATION OF LOCAL DISASTER FOR PUBLIC HEALTH
EMERGENCY AND ORDER FOR PREPAREDNESS AND
MITIGATION OF CORONAVIRUS (COVID-19); AND PROVIDING
A PENALTY FOR VIOLATIONS HEREOF
WHEREAS, beginning in December 2019, Coronavirus Disease (COVID-19), has spread
throughout the world and has now been declared a global pandemic by the World Health
Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and
in some cases the virus has caused death; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas are currently
increasing daily and the disease is easily transmitted through person to person contact,
especially in group settings, thus, it is essential that the spread of the virus be slowed to
protect members of the public, to protect the ability of public and private health care
providers to handle the influx of new patients and to safeguard public health and safety; and
WHEREAS, Community spread COVID-19 cases have been positively confirmed in
neighboring cities and counties; and
WHEREAS, the Mayor of Decatur serves as the Director of the Office of Emergency
Management, has designated the Decatur Fire Chief, Nate Mara, as the Emergency
Management Coordinator (“Coordinator”) and delegated to the Coordinator the authority
for execution of his duties and responsibilities as set forth in Chapter 2, “Administration” of
Article VII, “Emergency Management”, of the Code of Ordinances of the City of Decatur,
Texas (“Article VII”); and
WHEREAS, the Mayor has determined it necessary to declare a local state of disaster due
to public health emergency, and rather than exercising his authority to issue a declaration
of local disaster for a seven-day period and seek extension or continuation by City Council,
the Mayor has determined it necessary to present this Ordinance to the City Council to
take effect at 11:59 p.m. on March 24, 2020 and to remain in effect until repealed by City
Council; and
WHEREAS, Section 3.07 of the Home Rule Charter of the City provides that a state of
emergency may be declared by vote of the City Council, and that during such state of
emergency, the Mayor, or in his absence or disability, the Mayor Pro Tem shall have all
the powers which would be vested in the Council by state law to the extent he considers
reasonable, or necessary for the protection of persons or property; and
WHEREAS, pursuant to Section 2-297 of Article VII, upon declaration of a crisis, the Mayor
is vested with the full power and authority to provide by Proclamation all regulations
reasonably necessary to protect the health, security, safety, peace, life and property of the
City and its inhabitants during the time of such crisis; and
WHEREAS, Section 3.07 of the Charter further provides the Mayor, or person authorized
by the Charter to carry out the duties of Mayor, or the Council by a majority vote, shall be
authorized to declare the emergency terminated; and
WHEREAS, Governor Abbott issued Executive Order GA-08 on March 19, 2020 Relating
to COVID-19 Preparedness and Mitigation (“GA-08”) incorporating Guidelines from
President Trump and the United States Centers for Disease Control (“CDC”); and
WHEREAS, because it is imperative that the City take action to slow the spread of COVID-
19, the Council has reviewed current City functions, including the use of City facilities, City
services and operations and public gatherings and has determined it necessary and
appropriate to adopt this Ordinance for the preservation of public health, safety and
welfare.