25 - Extending the Mayor's Declaration of Local Disaster for an additional ninety daysItem No. 25
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Ordinance to extend COVID-19 disaster declaration to July 25, 2022
DATE: April 25, 2022
BACKGROUND: On March 19"', former Mayor Clifford issued a disaster declaration and order
related to the COVID-19 pandemic. Council extended the disaster declaration by periods of 30
days, and in July, Council extended the disaster declaration by 60 days. On January 11, 2021,
Council extended the declaration until April 23, 2021. April 12, 2021 Council extended the
declaration an additional 90 days, on July 26, 2021 Council extended the declaration an additional
ninety days, on January 10, 2022, Council extended the declaration an additional ninety days, and
most recently, Council extended the declaration an additional ninety days.
STATUS OF ISSUE: It is advisable that the city extend the declaration of disaster throughout the
duration of this pandemic because it has implications for the receipt of state and federal disaster -
related funding and reimbursements. As of this time, none of the disaster aid available to the city
including funding under the CARES Act has required a disaster declaration; however, as a belt
and suspenders approach, it is advisable to extend the declaration, and there are no negative
consequences for doing so. All previous mandates contained in the Mayor's disaster orders and
the Council's resolution and ordinances adopting same have expired, and the city is now deferring
to Governor Abbott's executive orders regarding COVID-19. I am recommending extending the
declaration for 90 days because that gets us through the spring and mid -summer and July will be
a good time to re-evaluate whether the declaration is still necessary. The declaration can always
be reconsidered and terminated should conditions change before the end of the 90 day period.
It is worth noting that the Governor's disaster declaration has been extended monthly and is still
in full force and effect.
BUDGET: No direct impact. Extending the disaster declaration may enable us to secure disaster
funding the city might not otherwise be entitled to.
RECOMMENDATION: Move to approve an ordinance extending the declaration of disaster for
COVID-19 related public health emergency for 90 days, or until July 25, 2022.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, EXTENDING THE MAYOR'S DECLARATION OF LOCAL
DISASTER FOR PUBLIC HEALTH EMERGENCY AND ORDER DATED
MARCH 19, 2020, AS EXTENDED BY RESOLUTION NO. 2020-011
AND MOST RECENTLY BY ORDINANCE NO. 2022-003 FOR AN
ADDITIONAL NINETY DAYS (90); MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, beginning in December, 2019, a novel coronavirus, now
designated SARS-CoV2 which causes the disease COVID-19, has spread
through the world and has been declared a global pandemic by the World
Health Organization; and
WHEREAS, on March 5, 2020, the World Health Organization Director
General urged aggressive preparedness and activation of emergency plans to
aggressively change the trajectory of this epidemic; and
WHEREAS, the first confirmed case in Lamar County, Texas was
announced on March 19, 2020, and WHEREAS, as of the present, there have
been thousands of confirmed cases in the county; and
WHEREAS, as of the present, there have been well over 100 deaths
related to COVID-19 in Lamar County; and
WHEREAS, the continued worldwide spread of COVID-19 presents an
imminent threat of widespread illness, which requires emergency action; and
WHEREAS, on March 19, 2020, the Hon. Steven J. Clifford, M.D, former
Mayor of the City of Paris, Texas, issued a declaration of Local Disaster for
Public Health Emergency and accompanying Order (the "Declaration" and
"Order") designed to halt the spread of COVID-19 in the city and in Lamar
County; and
WHEREAS, on the same date, Lamar County issued its own declaration
of disaster and order, and thereafter, by action of the Lamar County
Commissioners Court said declaration has been extended and is in full force and
effect; and
WHEREAS, on March 26, 2020, in Resolution No. 2020-011, City Council
extended the Declaration and Order for an additional thirty days until April 26,
2020 and adopted Lamar County Commissioner's Court Resolution No. R2020-
007 and incorporated same by reference; and
WHEREAS, since that time, the City Council has extended the
declaration of disaster by Ordinance Nos. 2020-014, 2020-017, 2020-023,
2020-030, 2020-035, 2021-001, 2021-009, 2021-023 and 2022-003; and
WHEREAS, the Governor's Declaration of Disaster remains in full force
and effect for the State of Texas; and
WHEREAS, it is advisable for the City Council to extend the declaration
of disaster an additional ninety (90) days in case such declaration is necessary
to be eligible for certain state and federal disaster aid relating to COVID-19; and
WHEREAS, therefore, the City Council finds that it is in the best interest
of the residents of the city to extend said declaration of disaster for an
additional ninety (90) days, or until July 25, 2022 at 11:59 p.m. unless
otherwise rescinded, amended, modified, or superseded;
NOW, THEREFORE, BE IT DECLARED, ORDERED, AND ORDAINED,
pursuant to the authority granted in the Texas Disaster Act of Texas
Government code Chapter 418, as follows:
SECTION 1. The findings set out in the preamble to this ordinance are
hereby in all things approved.
SECTION 2. The Mayor's Declaration of a local state of disaster made
pursuant to Section 418.108 (a) of the Texas Government Code, as extended by
Resolution No. 2020-011 and as extended by Ordinance Nos. 2020-014, 2020-
017, 2020-023, 2020-030, 2020-035, 2021-001, 2021-009, 2021-023 and
2022-003, is hereby extended for an additional ninety (90) days, or until July
25, 2022 at 11:59 p.m., under the terms contained herein.
SECTION 3. By this Declaration and ordinance, the City of Paris'
Emergency Management Plan remains activated and all other statutory powers
vested in the Mayor and all officers of the City of Paris to act in this local state
of disaster continue to be activated. This Declaration shall also activate all
recovery and rehabilitation aspects of applicable local and inter -jurisdictional
emergency management plans and authorizes the furnishing of all aid and
assistance as deemed necessary or desirable by those administering such
plans;
SECTION 4. By this Declaration and ordinance, the City Council
declares all rules and regulations that may inhibit or prevent prompt response
to this threat be suspended for the duration of this declaration and any
extension thereof.
SECTION S. Pursuant to the authority granted to the Paris City Mayor
under the Texas Disaster Act of Texas Government Code Chapter 418, the
Mayor shall exercise any and all necessary powers set out thereunder and the
Mayor hereby authorizes the use of all available resources of city government
and political subdivisions to assist in the City of Paris' response to this disaster.
SECTION 6. Pursuant to the authority granted under the laws of the
State of Texas, the City of Paris may take all legal actions necessary to protect
the health of persons in Lamar County, Texas.
SECTION 7. Pursuant to Section 418.108 (b) of the Texas Government
Code, the state of local disaster shall continue for an additional period of not
more than ninety (90) days, or until July 25, 2022 at 11:59 p.m., unless
continued or renewed again by the City Council.
SECTION 8. That the recommendations contained in the declaration and
extended by Resolution No. 2020-011 and Ordinance Nos. 2020-014, 2020-017,
2020-023, 2020-030, 2020-035, 2021-001, 2021-009, 2021-023, and 2022-003
shall remain in full force and effect until July 25, 2022 at 11:59 p.m. unless
otherwise rescinded, amended, or extended by City Council.
SECTION 9. In the event the conditions improve between date of
adoption and July 25, 2022 at 11:59 p.m., the City Council shall re-evaluate this
declaration at that time.
SECTION 10. Pursuant to section 418.108(c) of the Government Code,
this declaration of a local state of disaster for public health emergency shall be
given prompt and general publicity and shall be filed promptly with the City
Clerk.
SECTION 11. Pursuant to section 418.108(d) of the Government Code,
this Declaration of a local state of disaster activated the City of Paris Emergency
Management Plan, and said Emergency Management Plan remains activated by
this action by City Council.
SECTION 12. That this Declaration and ordinance shall take effect
immediately from and after its issuance.
PASSED AND ADOPTED this 25th day of April, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM
Stephanie H. Harris, City Attorney