HomeMy WebLinkAboutR20-48217
RESOLUTION NO. R20-482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF- PLAINVIEW
TEXAS ADOPTING GOVERNOR'S EXECUTIVE ORDER GA-26 — PHASE
III RE -OPENING: OF BUSINESS AND- PUBLIC ACTIVITIES PURSUANT
TO TEXAS GOVERNMENT CODE § 418.108; EXTENDING, THE
DECLARATION OF LOCAL DISASTER TO JULY 14, 2020; PROVIDING
A PENALTY FOR VIOLATION OF THE DECLARATION OF A FINE UP -TO
$.1.000.00.
WHEREAS, a novel coronavirus. (.COVID-19) has been recognized globally as- a
contagious respiratory virus; and
WHEREAS, COVID-19 continues to spread and to pose an increasing, imminent
threat..of disaster throughout City of Plainview and beyond;: and
WHEREAS,. on March 19, 2020, pursuant to the authority:provided him by Texas:
Government Code § 418.1:08, the Mayor:of,the City of Plainview issued a Declaration of
Local Disaster, placing certain restrictions and procedures 'in place in order to protect and
preserve the public health, safety and welfare and consistent with the national and state
declarations of emergency that was renewed and extended by the City Council through
Resolution No. R20-4.70 on March 24, 2020, Resolution No. R20-471 on April ,1:4, 2020,
Resolution No. R20-477 on May7, 2020 and Resolution No. R20-478.on May 20,.2020;-
and
WHEREAS,. on May 12, 2020, the Governor of the State of Texas renewed, his
state-wide disaster proclamation: for an additional thirty (30) days, certifying that COVID-
19 poses: an imminent. threat of disaster for all counties in the State of Texas; and
WHEREAS,. on May 18,.2020, the Governor of'the State of Texas issued Executive
Order GA-23, effective until 11:59 p.m. on June 3r8, superseding Executive Order GA-21,
expanding the reopening of businesses and services throughout most of Texas; and
WHEREAS, the City Council of the City of Plainview, in response to the issuance
of Executive Order GA-23 and the continued spread of COVID=l9, found it necessary to
continue the. extension of the Declaration of Local. Disaster, and adopt certain measures
extending the .re -opening retail 'businesses under certain terms and .conditions, approved
via Resolution No. 20.478 on May 20, 2020 to.help further: contain COVID-49 and prevent
its spread 'throughout the City of Plainview;, and
WHEREAS, the Declaration of Local Disaster extended in Resolution No. R20-478
is set. to expire at 11:59 p.m. on June 9, 2020; and
WHEREAS, that due to the :issuance of Executive Order GA726 and pursuant, to
Texas Government Code.6418.108, the City Council believes it to be in the best interest.
of the City and. itscitizens, in order to protect and preserve the public health, safety and
Resolution R20-482 Page 1 of 3
it*]
welfare, that additional measures must to taken to further contain COVID-19 and prevent
its spread throughout the City of Plainview and continue: the extension of the Declaration
of Local Disaster, .and adopt ther measures outlined herein;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS,
HEREBY RESOLVES, DECLARES AND ORDERS:
1. THAT the recitals outlined above are found to be true and correct rand are
incorporated as if fully set forth herein.
2. THAT all terms and conditions of the Governor's Executive Order GA726 is hereby
adopted by reference .and is incorporated herein as though set forth .fully herein.
Additionally, the guidelines and recommendations. provided by the Governor: in
conjunction with..issuing Executive Order GA-26, are also adopted, to the extent it does
not conflict with this Resolution, and all businesses, religious institutions and citizens are
encouraged to review and follow said guidelines. A copy of Executive Order GA-26 is
attached hereto and incorporated herein as though set forth fully herein.
3. THAT all other terms and conditions .of the Mayoral: Declaration of Local Disaster
initially signed and executed by the Mayor on March 19; 2020 and renewed and extended
by the,City Council through Resolution No. R20-470 on March 24, 2020, Resolution No.
R20471 on April 14, 2020, :Resolution:No. R20-477 on May 7, 2020 and Resolution No.
R20-478 on :May 20, 2020, remains in full force and effect and is continued to the extent
it does not directly conflict with this Resolution.
4. THAT .pursuant to §418.108(c) of the Texas Government Code, this resolution
shall be given prompt and general publicity and shall be filed. promptly with the City
Secretary of the City of Plainview.
5. THAT pursuant to § 418.173 of the Texas Government Code, any person who
knowingly or intentionally violates this resolution and order commits an offense,
punishable by a fine up to $1,000.00.
6. THAT this resolution and order shall go into effect immediately upon passage and
continue until 11:59 p.m., Tuesday, July 14,, 2020, unless renewed, extended', amended
or cancelled by. the Mayor or City Council of the City of Plainview.
7. THAT that this :resolution and order authorizes the Mayor, pursuant to applicable
provisions: of Texas Government Code Chapter 418 and Texas Health and Safety Code
§ 122.006, on behalf of the City of Plainview, to take any actions necessary to promote
health. and, suppress the virus, including the quarantine .of persons .and occupied
structures, examining. and regulating hospitals, regulating ingress and egress from the
City, regulating ingress and egress to occupied structures, establishment of -quarantine
stations, emergency hospitals, and other hospitals, enforcing applicable orders issued by
the Hale County Judge,. the Governor of the State of Texas or the Texas: Department of
Resolution R207482 Page 2:of-3
EXHIBIT. TO RESOLUTION R20-482
1
1
June 3,.2020
The Honorable Ruth R, Hughs
Secretary of State
State Capitol Room-1E.8
Austin, Texas 78701
Dear Secretary Hughs:
GOVERNOR GREG A-B-BOTT
FILED IN THE OFFICE -OF THE
SECRETARY OF STATE
4 O'CLOGi<
) l^ I
Secretary of State
Pursuant to his powers as Govemor of the State of Texas, Greg Abbott has issued the following:
Executive Order No. GA-26 relating to the expanded opening of Texas in
response to the COVID-19 disaster.
The original executive order is attached to -this letter of transmittal:
Attachment
submitted;
to the Governor
POST OFFICE Box 12428 AUSTIN, TExAs 78711512-463-2000'(VOICE) DIAL 7-1-1 FOR RELAY SERVICES
Exhibit to Resolution R20-482
Page 4
��xrrufijar (Orba
BY THE
:GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
June 3,-2020
EXECUTIVE ORDER
GA 26
Relating to the expanded opening of Texas in response to the COVID-19 disaster.
WHEREAS, I, Greg Abbott,: Governor of Texas, issued a disaster proclamation on March
13, 2020, certifying under Section 418.014 of the Texas Government Code that the novel
coronavirus (COVID-19) poses an imminent threat of disaster for all counties in the
State of Texas; and
WHEREAS, in each subsequent month effective through today, I have renewed the:
disaster declaration for all Texas counties; and
WHEREAS, the Commissioner of the Texas Department of State Health:Services
(DSHS), Dr. John Hellerstedt, has.determined that COVID-19 represents a:public health
disaster within the meaning of Chapter 81 of the Texas Health and Safety Code; and
WHEREAS, I have issued executive orders and suspensions of Texas laws in response to
COVID-19, aimed at protecting -the health and safety of Texans and ensuring an
effective response to this disaster; and
WHEREAS.,, I issued Executive Order GA-08 on March 19, 2020, mandating certain
social -distancing restrictions for Texans in accordance with guidelines promulgated by
President Donald J. Truinp and the Centers for Disease Control and Prevention (CDC);
and
WHEREAS, I issued Executive Order GA-14 on March 31, 2020, expanding the social-
-distancing restrictions for Texans based on guidance from health experts and the
President; and
WHEREAS,.I subsequently issued Executive Orders GA-16, GA-18, GA-21, and GA-23
over the course of April and May.2020, aiming to achieve the least restrictive means.of
combatting the threat to public health by continuing certain social -distancing restrictions,
while implementing a safe, strategic plan to Open Texas; and
WHEREAS, as normal business operations resume, everyone must act safely, and to that
end; this executive order and prior executive orders provide that all persons should
follow the health protocols -recommended by DSHS, which whenever achievedmill
mean compliance with the minimum standards for safely reopening, but which should
not be used to fault those who act in good faith but can only substantially comply with
the standards in light of:scarce resources and other extenuating COVID-19
circumstances; and
WHEREAS,. the "governor is responsible: for meeting ... the dangers to the state and
people presented by disasters" under Section 418.011 of the.Tezas Government Code,
FILED k THE OFFICE OF THE
SECRETARY OF STATE
I M O'CLOCK
Exhibit to Resolution R2b-482 Page 5 JUN :0 3 2020
Governor Greg -Abbott Executive Order GA-26
June 3, 2020 Page'2
and the legislature has given the governor broad authority to fulfill that responsibility;
and
WHEREAS, failure. to comply with any executive order issued.during.the COVID-19
disaster is an offense punishable under Section 418.173 by a fine not to exceed $1,000,
and maybe subject to regulatory enforcement;
NOW; THEREFORE, 1, Greg- Abbott, Governor of Texas, by virtue of the power and
authority vested in me by the Constitution and laws of the State of Texas, and in
accordance with. guidance from DSHS Commissioner Dr. Hellerstedt and other medical
advisors; -the Governor's Strike Force to Open Texas, the White House, and the CDC; do
hereby order the following on a statewide basis effective immediately:
Every business establishment in Texas shall operate at no more than 50 percent of
the total listed occupancy of the establishment; provided; however, that:
1. There is no occupancy limit for the following:
a. any services listed by the U.S. Department of Homeland Security's
Cybersecurity and Infrastructure Security Agency (CISA)'in its
Guidance on the Essential Critical Infrastructure Workforce, Version
3.1 or any subsequent version;
b; religious services conducted in churches, congregations, and houses of
worship;
c. local government operations, including:county and municipal
governmental: operations relating to licensing (including marriage
licenses), permitting, recordation, and document=f ling services, as
determined by the local government;
d. child-care services;
e. youth camps; including but not limited to those defined as such under
Chapter 141 of the Texas Health and Safety Code, and including all
summer camps and other daytime. and overnight: camps for youths; and
f. recreational sports programs for youths and adults;
2. Except as provided below by paragraph number 5, this 50 percent occupancy
limit does not apply to.outdoor areas, events, or establishments, except that the.
following 60tdoor areas or outdooF venues shall operate at no more than 50
percent .of the:normal operating limits as determined by.the owner:
a. professional, collegiate, or similar sporting events;
b. swimming-pobls;
c, water parks;
d. museums and libraries;.
e. zoos, aquariums,,. natural caverns, and similar facilities; and
f. rodeos and equestrian events;
3. This 50 percent occupancy limit does not apply to -the following
establishments that operate with at least. six feet of social distancing between
work stations:
a. cosmetology salons, hair salons, barbershops, nail salons/shops, and
other establishments where licensed cosmetologists or barbers practice
their trade;
b; massage establishments and other facilities where licensed massage
therapists or other persons licensed or otherwise authorized to practice
under Chapter 455 of the Texas Occupations:Code practice their trade;:
and
C. other personal -care and beauty services such as tanning salons, tattoo
studios, piercing studios, hair removal services, and hair loss treatment
FILED.IN THE OFFICE OF THE
SE g�TARY OF STATE
�{'h 1 O'CLOCK
Exhibit to Resolution R20-482 Page 6 JUN 0. 3 2020
Governor Greg.Abbott
June 3, 2020
.Executive Order GA-26
Page 3
and growth services;
4: Amusement parks and carnivals shall operate at no more than 50 percent of
the normal operating: limits as determined by the owner, except that in
counties with more than 1,O00.cumulative cases of COVED-19; amusement
parks may not begin operating until 12:61 a.m. on June 19, 2020;,
5. For any outdoor gathering estimated to be in excess of 500 people; other than
those set forth above in paragraph numbers .1, 2, or 4, the county judge o'r
mayor, as appropriate; in consultation with the local public health authority,
may -impose additional restrictions;
6. For dine -in services by restaurants that have less than 51 percent of their gross
receipts from the sale of alcoholic beverages, the occupancy limit shall
increase at 12:0I:a.m. on June 12, 2020, to, permit such restaurants to: operate
at up:to 75-percent of the total: listed occupancy of the restaurant;
7. For indoor bars and similar indoor establishments that are not restaurants as
.defined above and that hold a permit from the Texas:Alcoholic Beverage
Commission, only those customers who are. seated may be served;
8. For any business establishment that is subject to a 50 percent "total listed
occupancy" limit or "normal operating limit," and that is in a county that has
.filed with DSHS, and is incompliance with, the requisite attestation form
promulgated by DSHS regarding minimal cases of COVID-19, the business
establishment may operate at up to 75.perceni of the -total listed occupancy or
normal operating limit of the establishrnent starting 12:0.1 a.m. on June 12,
2020;
9. For purposes of this executive order, facilities with retractable roofs are
considered indoor facilities, whether the roof is opened or closed; and
16. Staff members are not included in determining operating levels, except for
manufacturing services and office:workers.
Except as provided in this executive order or in the minimum standard health
protocols recommended by DSHS, found at www.dshs.texas.gov/coronavirus,
people should: not be.in groups larger than ten and should maintain six. feet of social
distancing from those not in their group: People over the age of -65 are strongly
encouraged to stay at home as much as possible; to maintain appropriatedistance
from any member of the household who has lbe6n out of the residence in the
previous 14 days; and, if leaving the home; to implement social distancing and to
practice good hygiene, environmental cleanliness, and sanitation.
In providing or obtaining services, every person (including individuals, businesses,
and other legal .entities) should use. good=faith efforts and available resources to
follow the minimum standard health protocols recommended by DSHS. Nothing in
this executive order or the DSHS minimum standards precludes requiring a
customer to follow additional hygiene measures when obtaining services.
Individuals are encouraged to wear appropriate face coverings, .but.no jurisdiction
can impose a civil or criminal penalty for failure to wear a face covering,
People: shall not visit nursing. homes, state supported living centers, assisted living
facilities, or ]on --term care facilities unless as determined through guidance from
the Texas. Health. and Human Services -Commission (HHSC)::Nursing homes, state
supported :living centers, assisted living facilities, and long-term care facilities
should follow infection control, policies and practices set forth by HHSC, including.
minimizing the movement of staff between :facilities whenever possible:
Notwithstanding anything heiein to the contrary, the governor may by. proclamation
add to the:list of establishments or venues that people shall avoid visiting.
FILED IN:THE OFFICE OF THE
SECRETARY OF STATE
O'CLOCK
JUN 0 3 2620
1
I.
Exhibit to Resolution R20-482 Page 7
Governor Greg Abbott
June 3, 2020
.Executive Order GA-26
Page-4
For the remainder. of the 2019-2020 school year, public schools may resume
operations for the summer as provided by, and under the minimum standard health.
protocols found in, guid1.ance issued by the Texas Education Agency (TEA). Private
schools and .institutions of higher.:education. are encouraged to establish similar
standards. Notwithstanding anything herein to the contrary, 'schools may conduct
graduation ceremonies consistent with the minimum standard health :protocols
found in guidance issued by TEA.
This executive order shall supersede any conflicting order issued by local officials
in response io the COVID-19 disaster, but only to the extent that. such a local order
restricts services allowed' by this executive order, allows gatherings prohibited by
this executive order, or expands the list or scope=of services as set forth in this
executive order. Pursuant to Section 418.016(a) of the Texas Government Code, I
hereby suspend Sections 418.1015(b) and 418.108 of the Texas Government Code,
Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other
relevant statutes, to the:extent necessary to ensure.that local officials do not impose
restrictions in response to the COVID-19 disaster that are inconsistent with this
executive order, provided that local officials may enforce this :executive order as
well. as local restrictions that are. consistent with.this executive order:
All existing state executive orders relating to COVID-19 are amended to 'eliminate
confinement in jail as an available penalty for violating the executive orders. To the
extent any order issued by local officials in response to the COVID-19 disaster
would allow confinement in jail :as an available penalty for violating a COVID49-
related order, that order allowing confinement in jail is superseded, and I hereby
suspend all relevant laws to the extent necessary to ensure that local officials do not
confine people in jail for violating any executive order or local order issued in
response to the COVID49 disaster. ,
This executive order supersedes Executive Order GA-23, but does not supersede
Executive Orders GA-10, GA-13, GA:17, GA-19, GA-20, GA-24, or. GA-25. This
executive order shall regain in effect and in full force unless it is modified, amended;
rescinded, or superseded by the governor. This executive order may also be:amended by
Given under my hand this -the 3rd
day of June, 2020.
GREG ABBOTT
Governor
AJTH R. HUGHS
Secretary of State
FILED IN THE OFFICE OF THE
_SECTARY OF OCCK
!UN 0 3 2020
Exhibit to Resolution R26-482 Page 8
19
State Health Services related to suppressing the COVID-19 virus,, and insuring
compliance for those Who do not comply with the City's rules and directives.
8. THAT to .the extent permitted by law, any local ordinance �or_ administrative rule
prescribing the procedures for conduct: of City business or any local: ordinance or
administrative rule that would in, any Way prevent, hinder, or delay necessary action in
coping with this disaster, including any local ordinance or administrative rule regarding
contracting or procurement which would: impede the City's emergency response
necessary to cope with this declared disaster, are hereby suspended, but .only for the
duration of this declared local disaster and only'for.'that limited purpose.
9. 'THAT to the extent this resolution. conflicts With the Governor's Executive Order
GA-26 regarding -the regulation of. essential business and services, Executive Order GA-
26 controls and. the Mayor may comport and amend this resolution -and any subsequent
order to be consistent with Executive Order GA-26.
10. THAT the Mayor is authorizedto use all available resources of the City of Plainview
reasonably necessary to comply with this resolution.
Approved by the City Council this the 9t" day of June, 2020.
CITY OF PLAINVIEW, TEXAS
Wendell -Dunlap, Mayor
ATTEST:
Belinda Hinojosa, City Secr 99Y.
Resolution R20-482
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