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ORDINANCE NO. 2020-19 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS REQUIRING A LANDLORD TO PROVIDE A <br />NOTICE OF PROPOSED EVICTION PRIOR TO ISSUING AN ACTUAL <br />NOTICE TO VACATE AND PROVIDE TENANTS A NINETY DAY <br />PERIOD TO CURE ANY DELINQUENCY AS A RESULT OF THE <br />COVID-19 PANDEMIC; CREATING AN OFFENSE AND PENALTY; <br />AND DECLARING AN EMERGENCY. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />RECITALS: <br />1. On March 15, 2020, the City of San Marcos issued a Declaration of Local <br />Disaster that allows the City to take measures to reduce the possibility of exposure to <br />COVID-19 and promote the health and safety of San Marcos residents. <br />2. On March 25, 2020, Hays County Judge Ruben Becerra issued an Order <br />mandating that all individuals currently living in Hays County remain at home unless <br />performing essential functions in order to prepare for, respond to, and mitigate the spread <br />of COVID-19 to protect the health and welfare of Hays County citizens. <br />3. On March 19, 2020, the Texas Supreme Court issued the Fourth Emergency <br />Order Regarding the COVID-19 State of Disaster requiring that certain legal procedures <br />relating to actions for eviction to recover possession of residential properties be <br />suspended in light of the COVID-19 pandemic. <br />4. The COVID-19 virus is extremely contagious and spreads through person-to- <br />person contact, especially in group settings. <br />5. In order to comply with the Hays County Stay at Home Order, the Texas Supreme <br />Court Order, and federal guidance from the Centers for Disease Control and other <br />agencies and to avoid person-to-person contact, individuals may be unable to work, <br />which will impact a tenant's ability to pay rent, fees, or other charges associated with the <br />tenant's lease. <br />6. If a tenant is unable to timely pay rent, fees, or other charges because of COVID- <br />19 and loses housing because of untimely payments, such a result is likely to increase the <br />person-to-person contact that spreads COVID-19 in a community. <br />7. If a landlord provides a proposed notice of eviction, a tenant will have an <br />opportunity to cure overdue rent, fees, or other charges associated with the tenant's lease <br />