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RESOLUTION NO. R20-492,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PL-AINVIEW
TEXAS RENEWING RESOLUTION R20-490 PURSUANT TO TEXAS
GOVERNMENT CODE § 418.1:08; EXTENDING: THE DECLARATION OF
LOCAL DISASTER TO OCTOBER 8, 2020; PROVIDING A PENALTY FOR
VIOLATION OF THE DECLARATION OF A FINE UP TO $1000.00 OR
$250 FOR FAILING TO WEAR A MASK WHEN REQUIRED AFTER FIRST
RECEIVING A WARNING.
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 restriction s.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. R20-470 on- March 24, 2020, Resolution No. R20-471 on April 1:4, 2020,
Resolution No.. R20-477 on May 7,2020, Resolution: No. R20-478- on May 20, 2020,
Resolution No..R20-482 on June 9, 2020, Resolution 20-486 on July 14, 2020, and
Resolution 20-490 on August 11, 2020; and
WHEREAS, :on June 26, 2020, the Governor of the State of Texas issued
Executive. Order GA-28, .superseding Executive Order GA-26,. expanding the -'reopening
of businesses and services throughout most of Texas; and
WHEREAS, on July 2, 2020, the Governor of the State of Texas'issued Executive
Order :GA=29 and amended Executive: Order GA-28, that, among other things, required
the wearing of face masks under certain circumstances and further -limiting the size of
groups who are -not part of the immediate household in order to further contain the spread
of COVID49; and
WHEREAS,.:on September 7, 2020, the Governor of the State of Texas renewed
his :state-wide disaster, proclamation for. an 'additional ;thirty .(30) days,_ certifying that
COVID-1:9 poses an imminent threat of disaster for all counties in the State of Texas; and
WHEREAS, the City Council of the City of Plainview, in response to the increased
numbers of: individualstesting positive for CO.VID-19 and due to evolving: circumstances
and the issuance.of Executive Order GA-28, as amended, and Executive Order GA-29
and pursuant to Texas Government Code §41 & 108, the City Council found. it necessary
to continue the extension of the Declaration of Local Disaster, and-- adopt certain
measures extending the retail businesses under certain terms and conditions,
Resolution R20-492
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approved via Resolution 20-490 on August,11, 2020 to help further contain COVID=19
and ;prevent its spread throughout the City of Plainview; .and
WHEREAS, the Declaration of Local Disaster extended in Resolution 20-490 on
August '11,. 2020 is set to expire at 11:59 p:m:,. Tuesday, September 8, 2020; :and
WHEREAS,- the State of Texas and Hale County continue to have increased
numbers of: individuals testing positive for COVID-19 and due to evolving circumstances
and pursuant to Texas Government Code §418.108, the City Council believes.it to be in
the best interest of the City and its citizens, in order :to protect and preserve the public
health; safety and welfare; to continue the extension of the Declaration of Local Disaster,
and' adopt the 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 and are.
incorporated as if fully, set forth herein.
2. THAT all terms and conditions of the City of, Plainview Resolution 20-490 :as
approved on August 11, 2020, are hereby adopted by reference and are incorporated'
herein, as though set forth fully herein.
3. THAT pursuant to §418.1.08(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.
4. 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 fineup to $1,000.00. However, in accordance with Executive Order GA=
29, after first receiving a verbal or written warning for a first-time violator for. failing to wear
a face covering in violation of Executive. Order GA-29, any person failing to wear a face
covering in violation: of Executive Order GA-29 commits an offense punishable by::a fine
up to $250 per Violation.
5._ THAT this resolution and order shall go into effect immediately upon passage and
continue until. 11:59 p.m., Thursday, October 8, 2020, unless renewed, extended,
amended or cancelled by the Mayor or: City Council of the City of Plainview. _
6: 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
Resolution R20-492 Page 2,of-3
the Hale County Judge, the Governor of the State of Texas or the Texas Department of'
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.
7. 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.
8. THAT to the extent thisresolution conflicts with the Governor's. Executive Order
GA-29 or GA-28, as amended, Executive Order GA-29 and GA-28 controls and the Mayor
may comport and amend this resolution and order and any subsequent order to be
consistent with Executive Order GA-29 and GA-28.
9. THAT the Mayor is authorized to use all available resources of the City of
Plainview reasonably necessary to comply with this resolution.
Approved by the City Council this the 8th day of September, 2020.
CITY OF PLAINVIEW, TEXAS
Wendell Dunlap, Mayor
ATTEST:
Belinda Hinojosa, City Se tary
Resolution 13207492
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