File #: ORD-033-2020    Version: 1 Name:
Type: Ordinance Status: Second Reading
File created: 3/19/2020 In control: City Council - Special
On agenda: 3/23/2020 Final action: 3/23/2020
Title: ORDINANCE TO DECLARE A STATE OF EMERGENCY IN GAHANNA, OHIO, DUE TO THE COVID-19 PANDEMIC AND TO EMPOWER THE MAYOR WITH EXTRAORDINARY POWERS DURING THE STATE OF EMERGENCY; AND TO DECLARE AN EMERGENCY.

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ORDINANCE TO DECLARE A STATE OF EMERGENCY IN GAHANNA, OHIO, DUE TO THE COVID-19 PANDEMIC AND TO EMPOWER THE MAYOR WITH EXTRAORDINARY POWERS DURING THE STATE OF EMERGENCY; AND TO DECLARE AN EMERGENCY.

 

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WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death and can easily spread from person to person; and 

 

WHEREAS, Governor Mike DeWine has issued Executive Order 2020-01D, declaring a  State of Emergency in the State of Ohio as a necessary state-wide preventive and proactive  measure to slow the spread of COVID-19; and 

 

WHEREAS, the Director of the Ohio Department of Health has issued state-wide Orders limiting or prohibiting gatherings and the closure of certain venues and businesses; and 

 

WHEREAS, the spread of COVID-19 within Gahanna would threaten to strain City resources and threaten the health, safety, and welfare of the citizens of Gahanna; and 

 

WHEREAS, additional measures are deemed necessary, above and beyond those instituted by the State and Federal government, in order to help slow the outbreak of COVID-19 in our community and to expedite actions deemed necessary to protect our residents. 

 

WHEREAS, it is imperative to move forward with this legislation all for the preservation of the public peace, property, health, safety and welfare;

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, COUNTY OF FRANKLIN, STATE OF OHIO:

Section 1. The Mayor is granted emergency powers to suspend the enforcement of such provisions of the Codified Ordinances, as she deems necessary, including provisions of the housing, building, zoning, health and other codes and rules and regulations adopted thereunder, for a period not to exceed six (6) months, or less, if terminated earlier by motion, resolution or ordinance of Council.

 

The exercise of the powers granted hereby may be exercised upon a separate proclamation by the Mayor, forwarded immediately to the City Council. Thereupon, the Mayor may, by his/her executive order directed to the appropriate city officials, suspend appropriate provisions of the Codified Ordinances, as well as rules and regulations which may have been adopted pursuant thereto, in order to continue, or provide necessary city services.

 

Section 2.  That a State of Emergency is hereby declared for the City to protect the welfare of the City’s residents, visitors, and businesses from the dangerous effects of COVID-19. 

 

Section 3.  That, during this declared Emergency, the Mayor is hereby authorized to purchase such products, hire such persons and services, and enter such short term contracts as the Mayor deems necessary and appropriate to prevent or mitigate the effects of this Emergency on the community. 

 

Section 4. That, during this declared Emergency, the contracting and purchasing provisions and requirements of Chapter 135 of the Codified Ordinance are temporarily suspended. 

 

Section 5. That, during this declared Emergency, the Mayor is hereby authorized to expend such city funds as deemed necessary and appropriate for the effective operation of the City and its personnel and to implement such temporary personnel actions as are necessary. 

 

Section 6. That, during this declared Emergency, the Mayor is hereby authorized to expend such funds as she deems necessary and appropriate to prevent or mitigate the effects of this Emergency in Gahanna.

 

Section 7. That the Mayor is hereby authorized and directed to issue such administrative Executive Orders as are appropriate to give effect to this Ordinance, including the tolling of specific city deadlines. 

 

Section 8. That whenever during this declared Emergency the Mayor takes an action, based on the authority provided in this Ordinance, which action exceeds the authority otherwise provided to the Mayor in the Ohio Revised Code or the Codified Ordinances, the Mayor shall report such action to City Council within as soon as possible, and no later than forty-eight hours after taking such action. 

 

Section 9. That whenever during this declared Emergency the Mayor takes an action, based on the authority provided in this Ordinance, which exceeds the authority otherwise provided to the Mayor in the Ohio Revised Code or the Codified Ordinances, such action shall not be subject to or conditioned upon ratification by City Council, but may be rescinded by a subsequent ordinance adopted by Council. 

 

Section 10. That this State of Emergency shall continue until such Emergency no longer exists as determined by the Ohio Department of Health or City Council. 

 

 

Section 11. That this Ordinance is declared to be an emergency measure necessary for  the immediate preservation of the public peace, health, or safety, such necessity arising from the  rapid spread of the COVID-19 virus in Central Ohio, and therefore, this Ordinance shall take  effect and be in force  immediately upon signature by the Mayor.