Ordinance 2020-41ORDINANCE NO. 2020-41
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING ORDINANCE NOS. 2020-24, 2020-25, 2020-26, 2020-
29, 2020-31, 2020-35, AND 2020-38 CONTINUING AND EXTENDING THE
MAYOR'S AMENDED DECLARATION OF LOCAL DISASTER FOR
PUBLIC HEALTH EMERGENCY DUE TO THE NOVEL CORONAVIRUS
(COVID-19); PROVIDING THE CONSENT OF THE CITY COUNCIL TO
THE CONTINUATION OF THE DECLARATION UNTIL 11:59 P.M. ON
SEPTEMBER 8, 2020; PRESCRIBING ORDERS TO HELP ABATE THE
PUBLIC HEALTH EMERGENCY; PROVIDING AUTHORITY FOR THE
CITY COUNCIL TO TERMINATE THE DISASTER DECLARATION;
AND PROVIDING AN ENFORCEMENT CLAUSE, SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, in December 2019, a novel coronavirus, now designated SARS-Co V2 which causes
the disease COVID-19, was detected in Wuhan, China; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a worldwide
pandemic; and
WHEREAS, COVID-19 spreads between people who are in close contact with one another
through respiratory droplets produced when an infected person coughs or sneezes; and
WHEREAS, the identification of "community spread" cases of COVID-19 in the region 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, the Centers for Disease Control and Prevention (CDC) has advised that person -to -
person contact heightens the risk of COVID-19 transmission; and
WHEREAS, the President's Coronavirus Guidelines for America, as promulgated by President
Donald J. Trump and the CDC on March 16, 2020, call upon Americans to slow the spread of
COVID-19 by avoiding social gatherings in groups of more than 10 people, using drive-thru,
pickup, or delivery options at restaurants and bars, and avoiding visitation at nursing homes,
among other steps; and
WHEREAS, on March 13, 2020, Texas Governor Greg Abbott declared a statewide public health
disaster; and
WHEREAS, on March 16, 2020, Collin County declared a local disaster for public health
emergency and issued an accompanying order; and
Ordinance No. 2020-41 — Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35 and 38; Extending Declaration of
Disaster
WHEREAS, on March 16, 2020, Mayor Eric Hogue issued a declaration of local disaster for
public health emergency for the City of Wylie for a period of seven (7) days; and
WHEREAS, on March 19, 2020, the Governor issued Executive Order GA 08, mandating the
avoidance of social gatherings in groups of more than 10 people, the avoidance of eating or
drinking at bars, restaurants, and food courts, or visiting gyms or massage parlors, the avoidance
of visiting nursing homes or retirement or long-term care facilities unless to provide critical
assistance, and closing schools throughout the State of Texas for a period of time; and
WHEREAS, on March 19, 2020, Mayor Eric Hogue issued an amended declaration of local
disaster for public health emergency, expanding the original declaration; and
WHEREAS, on March 22, 2020, the City Council adopted Ordinance No. 2020-24, which
continued and extended the Mayor's amended declaration of local disaster for public health
emergency to help abate the public health threat resulting from the COVID-19 pandemic; and
WHEREAS, on March 27, 2020, the City Council adopted Ordinance No. 2020-25, which
amended Section 8 (Enforcement Clause) of Ordinance No. 2020-24; and
WHEREAS, on March 31, 2020, the Governor issued Executive Order No. GA 14 relating to
statewide continuity of essential services and activities during the COVID-19 disaster; and
WHEREAS, on April 2, 2020, the City Council adopted Ordinance No. 2020-26, which amended
Ordinance No. 2020-24 and Ordinance No. 2020-25; and
WHEREAS, on April 27, 2020, the Governor issued Executive Order No. GA 18 relating to the
expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the
COVID-19 disaster; and
WHEREAS, on April 28, 2020, the City Council adopted Ordinance No. 2020-29, which amended
Ordinance No. 2020-24, Ordinance No. 2020-25, and Ordinance No. 2020-26; and
WHEREAS, on May 5, 2020, the Governor issued Executive Order No. GA 21 relating to the
expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the
COVID-19 disaster; and
WHEREAS, on May 12, 2020, the City Council adopted Ordinance No. 2020-31, which amended
Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, and Ordinance No.
2020-29; and
WHEREAS, on May 18, 2020, the Governor issued Executive Order No. GA 23 relating to the
expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the
COVID-19 disaster; and
Ordinance No. 2020-41 - Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35 and 38; Extending Declaration of
Disaster
WHEREAS, on May 26, 2020, the City Council adopted Ordinance No. 2020-35, which amended
Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, Ordinance No. 2020-
29, and Ordinance No. 2020-31; and
WHEREAS, on June 3, 2020, the Governor issued Executive Order No. GA 26 relating to the
expanded reopening of Texas in response to the COVID-19 disaster; and
WHEREAS, on June 9, 2020, the City Council adopted Ordinance No. 2020-38, which amended
Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, Ordinance No. 2020-
29, Ordinance No. 2020-31 and Ordinance No. 2020-35; and
WHEREAS, the conditions necessitating declaration of local state of disaster continue to exist
and are anticipated to continue to exist at least until September 8, 2020; and
WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of
widespread illness, which requires emergency action; and
WHEREAS, since June 9, 2020, the City Council and City staff have continued to evaluate the
community spread of COVID-19 and have reviewed updated guidance and orders from the United
States President, the CDC, the Governor of the State of Texas, Collin County Judge, Dallas
County, Rockwall County and others, and the City Council has concluded that it is necessary to
amend Ordinance Nos. 2020-38, 2020-35, 2020-31, 2020-29, 2020-26, 2020-25, and 2020-24 to
extend the duration of the orders and regulations set forth in such Ordinances; and
WHEREAS, the City Council finds that it is in the best interest of the City of Wylie, Texas, and
its citizens to amend Ordinance Nos. 2020-38, 2020-35, 2020-31, 2020-29, 2020-26, 2020-25, and
2020-24 as set forth below to help abate the public health threat and to promote the public health,
safety and welfare.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Wylie, Texas:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2. Pursuant to Section 418.018 of the Government Code, the declaration of local
disaster is hereby continued. Pursuant to Sections 121.003 and 122.006 of the Texas Health and
Safety Code, Section 418.108 of the Texas Government Code, Chapter 81 of the Texas Health and
Safety Code and such other powers the City of Wylie may have under the City Charter and other
laws, the City Council hereby adopts and approves the orders specified in this Ordinance, which
shall apply throughout the City of Wylie and shall be in effect from the date of this Ordinance until
11:59 p.m. on September 8, 2020, provided, however, that the declaration and such orders may be
terminated before the expiration on 11:59 p.m. on September 8, 2020 by subsequent order of the
Ordinance No. 2020-41 - Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35 and 38; Extending Declaration of
Disaster
City Council, and may be continued or renewed beyond 11:59 p.m. on September 8, 2020 only
with the consent of the City Council of the City of Wylie.
SECTION 3. The City Council hereby finds that while in a state of disaster, there is a public
purpose in maintaining the City workforce and ensuring continuity in staffing while continuing
the City's services but recognizing that certain facilities and/or operations may need to be
temporarily closed or suspended and/or certain personnel may encounter disaster -related events
that prevent them from working at full capacity intermittently during the public health emergency.
The City Council hereby authorizes the City Manager to make any staffing and compensation -
related decisions necessary to adapt to the rapidly changing environment created by the public
health emergency to meet the objectives stated herein and authorizes the expenditure of City funds
to accommodate the same. Any expenditure of funds beyond that approved in the FY 19-20 budget
must come to the City Council for ratification at a City Council meeting, though the expenditure
may be made prior to City Council ratification due to the public health emergency.
SECTION 4. The City Council hereby finds that for the duration of this disaster declaration,
immediate procurement directly related to the disaster may be necessary to preserve and protect
public health and safety. Accordingly, the City Council hereby authorizes the City Manager to
purchase goods or services as necessary for ratification by the City Council at a later date as long
as the procurement is in compliance with state law requirements.
SECTION 5. The City Council hereby finds that a public necessity exists during the duration of
this disaster to determine whether it is difficult for a quorum of the members of decision -making
boards of the City to meet in person based on public health and safety concerns related to the
pandemic. The City Council authorizes any member of Council, staff, and decision -making boards
who is sick, or unable to attend the meeting in person, to conduct their public meetings via
telephone conference pursuant to Texas Government Code Section 551.125(b) and/or the Order of
the Governor of the State of Texas temporarily suspending certain provisions of the Texas Open
Meetings Act, guidance received from the Texas Attorney General's Office and/or other law or
order.
SECTION 6. The City Council hereby authorizes the City Manager to temporarily waive any City
Code regulations that are difficult or impossible to comply with during the term of this declaration
of disaster as long as it is not inconsistent with state law.
SECTION 7. Pursuant to Section 122.006 of the Texas Health and Safety Code, the City of Wylie
is authorized to adopt rules to protect the health of persons in the City of Wylie, including
quarantine rules to protect its residents against communicable disease and provide for the
establishment of quarantine stations, emergency hospitals, and other hospitals.
SECTION 8. The City Council hereby finds and declares that this declaration authorizes the use
of all lawfully available enforcement measures. A failure to comply with the City's Emergency
Ordinance No. 2020-41 — Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35 and 38; Extending Declaration of
Disaster
Management Plan, or a rule, order or Ordinance adopted under the Plan, including this Ordinance,
is punishable as authorized in Section 418.173 of the Texas Government Code. This Ordinance
incorporates Executive Orders GA 28 and GA 29, as they exist or may be amended, and any other
Executive Orders and Proclamations regarding COVID-19 that are issued by the Governor on or
after the effective date of this Ordinance. In addition, a person who violates any provision of this
declaration, upon conviction, is punishable by a fine of not more than $1,000. A violation of any
provision of this Ordinance shall constitute a separate violation for each calendar day in which it
occurs.
SECTION 9. Pursuant to Section 418.018(c) of the Government Code, the declaration shall be
given prompt and general publicity and shall be filed promptly with the City Secretary.
SECTION 10. Pursuant to Section 418.018(d) of the Government Code, the City of Wylie
Emergency Management Plan shall remain active through the duration of this disaster declaration.
SECTION 11. The City of Wylie will activate the Emergency Operations Center and will operate
on an as needed basis throughout the duration of this Ordinance.
SECTION 12. Grocery stores, supermarkets, warehouse stores, hospitals, and medical facilities
are experiencing high levels of demand for a large number of products, requiring more deliveries
from manufacturers and distribution centers to serve their customers. A number of Texas cities
and local associations have implemented restrictions on delivery hours to stores to mitigate truck
noise and traffic. Due to the need to deliver products as quickly and efficiently as possible during
this critical time frame, this Order hereby suspends all delivery hour restrictions for transport to or
from any entity involved in the selling or distribution of food products, medicine, or medical
supplies in City of Wylie for the next 15 days.
SECTION 13. If someone in a household has tested positive for coronavirus, the household is
ordered to isolate at home. Members of the household shall not go to work, school, or any other
community function.
SECTION 14. All City employees shall remain at home if sick.
SECTION 15. All persons or groups using Parks and Recreation facilities shall follow to the
extent possible the minimum recommended health protocols issued by the Texas Department of
State Health Services that are applicable to such use or activity. These protocols are available at
https://www.dshs.texas.govicoronavirus/opentexas.aspx.
SECTION 16. The City Council strongly encourages compliance with the following
Recommendations, including social distancing, providing hand sanitizer and tissues, and
increasing cleaning of commonly and frequently touched services. This Ordinance does not
mandate sheltering in place. All critical infrastructure will remain operational, domestic travel will
remain unrestricted, and government entities and businesses will continue providing essential
Ordinance No. 2020-41 — Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35 and 38; Extending Declaration of
Disaster
services. For offices and workplaces that remain open, employees should practice good hygiene
and, where feasible, work from home in order to achieve optimum isolation from COVID-19. The
more that people reduce their public contact, the sooner COVID-19 will be contained and the
sooner this Ordinance will expire.
SECTION 17. The City of Wylie must promptly provide copies of this Ordinance by posting on
the City of Wylie website. If any subsection, sentence, clause, phrase, or word of this Ordinance
or any application of it to any person, structure, gathering, or circumstance is held to be invalid or
unconstitutional by a decision of a court of competent jurisdiction, then such decision will not
affect the validity of the remaining portions or applications of this Ordinance.
SECTION 18. All provisions of the Code of Ordinances of the City of Wylie, codified or
uncodified, in conflict with the provisions of this Ordinance are hereby temporarily superseded by
this Ordinance for the duration of this declaration. Should any section, subsection, sentence, clause
or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall
remain in full force and effect. The City Council declares that it would have passed this Ordinance,
and each section, subsection, clause or phrase thereof, regardless of whether any one or more
sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 19. Ordinance Nos. 2020-38, 2020-35, 2020-31, 2020-29, 2020-26, 2020-25 and 2020-
24 shall remain in full force and effect, save and except as amended by this or any other Ordinance.
All provisions of any Ordinance in conflict with this Ordinance are hereby repealed to the extent
they are in conflict, but such repeal shall not abate any pending prosecution for violation of the
repealed Ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the Ordinance. Any remaining portions of said
Ordinances shall remain in full force and effect.
SECTION 20. This Ordinance shall take effect immediately from and after its passage. This
Ordinance shall be effective until 11:59 p.m. on September 8, 2020, or until it is either rescinded,
superseded, or amended pursuant to applicable law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ON THIS THE 28TH DAY OF JL LY 2029
ATTEST:
Stephanie Storm, City Secretary
Ordinance No. 2020-41 — Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35 and 38; Extending Declaration of
Disaster
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STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice — Ordinance No. 2020-40; No. 2020-41; and No. 2020-42
was published in said newspaper on the following date(s), to -wit:
August 5, 2020
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 6th day of August, 2020 to certify which
witness my hand and seal of office.
Notary Public in
The State of Texas
My commission expires 08/18/2020
RECEIVED
AUG 1 0 2020
FINA�1 y!Sachse/Wylie Office • 1 10 N. Ballard • P.O. Box 369 •• Wvlie, "l X 75098.972-442-5515 • fax 972-442-4318
- ill Princeton Office • 101 S. Matin • PO. Box 512 • Farmersville,TX 75442.972-784-6397 • fax 972-782-7023
CITY OF WYLIE
Ordinance
No. 2020-40
An ordinance annex-
. ing 15.880 acres being
part of tract 1 and all 1
of tract 1.1 situated in
the Guadalupe De Los II
Santos Survey, abstract.
no. 1384, recorded in
Deed Records, Dallas
County, Texas; provid-
ing for a penalty for the
violation of this ordi-
nance; providing for
the repeal of all ordi-
nances in conflict; pro-
viding a severability.
clause; and providing
for an effective date.
ti --
Ordinance
No. 2020-41
An ordinance. of the
city council of the
City of Wylie, Texas,
' amending Ordinance
Nos. 2020-24, 2020-
25, 2020-26, 2020-29,
2020-31, 2020-35,
and 2020-38 continu-
ing and extending the
mayor's amended dec-
laration of local disas-
ter for public health
emergency due to the
novel coronavirus
(covid-19); providing
the consent of the city
council to the continu-
ation of the declara-
tion until 11:59 p.m.
on September 8, 2020.;
prescribing orders to
:help abate the public
health emergency; pro-
viding authority forthe
city council to termi-
nate the disaster dec-
laration; and providing
an enforcement clause,
severability clause and
an effective date.
Ordinance
No. 2020-42
ordinance of the
city council of the
city of Wylie,. Texas,
amending `Wyllie's
Code Of Ordinances,_
Ordinance No. 2005-
07, as amended, appen-
dix c (Wylie compre-
hensive fee schedule),
section i (water and
sewer fees), subsection
b (water rates), sub-
section c (sewage -col-
lection and treatment
rates); providing for a
penalty for the viola-
tion of this ordinance;
providing for repeal-
ing, savings and sev-
,erability clauses; pro-
, vi'ding for an effective
date of this ordinance; , and providing for the
publication' of the cap-
tion of this ordinance.
14-1t-931i