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HomeMy WebLinkAboutR20-494RESOLUTION :NO. R20-494 A RESOLUTION OF THE .CITY COUNCIL OF THE CITY. OF :PLAINVIEW TEXAS ADOPTING EXECUTIVE ORDER GA-32 PURSUANT TO TEXAS GOVERNMENT CODE § 418.108; EXTENDING: THE DECLARATION OF LOCAL DISASTER TO NOVEMBER 10, 2020; PROVIDING A PENALTY FOR VIOLATION OF THE' DECLARATION OF A FINE -UP TO $1000.00 0R::$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 sand procedu resin 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 May 7, 2020, Resolution. No. R20-478. on May 20, 2020, Resolution No. R20-482 on June 9, 2020, Resolution R20-486 .on July 14, 2020, Resolution R20-490 on.August 11, 2020, Resolution R20=492 on September 8; 2020 and Resolution R20-493 on September22, 2020; and WHEREAS, on Jul,y.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 COVID-19; 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-19 poses an -imminent threat of disaster for all counties in.the State of Texas; and WHEREAS, the Governor of the State of Texas has.stated that, due -to. improved medical treatments for :COVJD-19 patients, substantial increases in testing, .abundant supplies of personal protective equipment, and Texans' adherence to safe practices like social .distancing, hand sanitizing, and use of face coverings,: the spread of COVID-19 and: the number of 'new COVD-19 cases and hospitalizations havesteadily and significantly declined since late. July; and 'WHEREAS, on October 7, 2020, the Governor of the State of Texas issued Executive Order .GA=32, superseding Executive Order GA-30,, further expanding the Resolution R20494 Page is of 3 , rim reopening of businesses, activities, nursing homes and, related facilities;. and services throughout most of Texas; and WHEREAS, due to the improving and evolving circumstances and the issuance. of Executive Order GA-32: and the desire: of the City of Plainview to continue :to safely re- open businesses in the City of Plainview due to evolving circumstances and pursuant to Texas Government Code §418.1:08, 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, andr adopt the measures outlinedherein; 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 Governor's: Executive Order GA-32 are hereby adopted by reference and are incorporated herein as though set, forth fully herein. Additionally, "the guidelines and recommendations provided by. the Governor in conjunction with "issuing Executive Order GA-32, 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 Orders GA-32 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. 1320471 on April 14, 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 1.4,, 2020, Resolution R20-490 on August 11, 2020, Resolution R20-492 on September 8, 2020 and Resolution 1320=.493 on September 22, 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 bya', fine up to $1,000.00. However, in accordance. with Executive Order OA- 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. Resolution R20494 Page 2: of 3 �616• 6. THAT this resolution and order shall go into effect immediately upon passage and continue until 11:59 p.m., Tuesday, November: 10,. 2020, unless renewed, extended, amended or cancelled by the Mayor or City Council of the City ofPlainview. 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 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-29 or GA-32, Executive Order GA-29 and 'GA-32 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-32. 10: 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 13th day of. October, 2020. ATTEST:. /&L4) &�,_ �_ - Belinda Hinojosa, City S c etary CITY OF PLAINVIEW, TEXAS ndell Dunlap, Mayor Resolution R20=494 Page 3 of 3 ��1 October ' 2020 The Honorable Ruth R. Hughs Secretary of State State Capitol Room 1 E.8: Austin, Texas 78701 Dear Secretary Hughs: GOVERNOR GREG .ABBOTT FILED IN THE OFFICE.OF THE SECRETARY OF STATE _ 3 P r"1 O'CLOCK ,PyA.Zte Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following: Executive Order No. GA-32 relating to the continued response to the COVID-19 disaster as Texas reopens. The original executive order is attached to this letter of transmittal. Res ectful,l submitted, Gr ory .Davidson e utiv Clerk to the Governor Attachment POST OFFICE BOX 12428 AUSTIN, TEXAS 78711512-463-2000 (VOICE) DIAL 7-1-1 FOR RELAY SERVICES LOR qrw �Zxrrufijar Mrbrr .BY THE GOVERNOR OF THE STATE OF TEXAS Executive Department Austin, Texas October 7, 2020 EXECUTIVE ORDER GA 32 Relating to the continued response to the COVID-19 disaster as Texas reopens. 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, I have issued executive orders and suspensions of Texas laws in response to CO.VID-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. Trump 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 -IS, GA-21, GA-23, and GA,-26 from April through early June 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 reopen Texas; and WHEREAS, as Texas reopens in the midst of COVID-19, increased spread is to be expected, and the key to controlling the spread and keeping Texas residents:safe'is for:all Texans to consistently follow good hygiene and, social -distancing practices, especially those set forth in .the minimum standard health. protocols from: the Texas Department of State Health Services (DSHS); and WHEREAS, in June 20M, Texas experienced substantial increases in COVID=19 cases and hospitalizations, necessitating targeted and temporary adjustments to the reopening plan to achieve the least restrictive means for reducing the growing spread of COVID-19 .and the resulting imminent threat to public health, and to avoid a need for more extreme measures; and WHEREAS, I therefore issued Executive: Orders: GA-28 and GA-29 in late June and early FILENN THE OFFICE OF THE SECRETARY OF STATE 2-den'-O'CLOCK OCT 0 7 2020 E:&'1 Governor Greg Abbott. October 7, 2020 Executive Order GA-32 Page 2 July 2020, respectively, and amended Executive Order GA-28 by proclamation on July 2, 2020; and WHEREAS,.due to improved medical treatments for COVID-19 patients, substantial increases in testing, abundant supplies of personal protective equipment, and Texans' adherence to safe practices like social distancing, hand sanitizing, and use of face. coverings, the spread of:COVID=19 and the number of new COVID-19 cases and Hospitalizations have. steadily and significantly declined since late July; and WHEREAS, I therefore issued Executive Orders GA-30 and GA-3-1 on September 17, 2020, allowing additional reopening and non -essential medical surgeries and procedures in Texas, except in some areas with high hospitalizations as defined in those orders; and WHEREAS; as Texas continues to reopen, everyone must act safely, and to that end, this executive order and prior executive orders provide that all persons should follow 'the health protocols from DSHS, which whenever achieved will mean compliance with the minimum standards for safely reopening, but which should hot- 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, in the Texas Disaster Act of 1975, the legislature charged the governor with the responsibility "for. meeting ... the dangers to the state and people presented by disasters" under Section 418.011 of the Texas Government Code; and.ekpressly granted the .governor broad authority to fulfill that responsibility; and WHEREAS; under Section 418.012, the "governor may issue executive orders ... hav[ing] the force and effect of law;' and 'WHEREAS, failure to comply With any executive order issued during the COVID-19 disaster is an offense punishable under Sect ion-418.173-by a fine not to exceed $1,000, and may be: subject toxegulatory enforcement; :NOW, THEREFORE, I, '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 the Commissioner of the Texas Department of State Health Services; Dr. John Hellerstedt; other medical advisors, the White House, and the CDC, :do hereby order the.following on a statewide basis effective at 12:01 am ..on October 14, 2020: Every business establishment in Texas "shall operate at no more'than 75.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 4.0 or any subsequent version; b. religious services, including those 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 -filing services, as determined by -the local government; FILED IN THE OFFICE OF THE SECRETARY OF STATE 3 eM O'CLOCK OCT 0 7 2020 Governor Greg Abbott. October 7, 2020 Executive Order GA-32 Page 3 d. child-care services; e: youth campsi 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; f. recreational sports programs for youths and adults; g, any public or private schools, and any public or private institutions of higher education, not already covered above; h, drive-in concerts, movies,, or similar events, under guidelines that facilitate appropriate social distancing, that generally require spectators to remain in their vehicles, and that minimize in -person contact betweenpeople who are not in the same household or vehicle; and is the following establishments that operate with at least six feet of social distancing between work stations:. cosmetology salons, hair salons, barber shops, nail salons/shops, and other establishments where licensed cosmetologists or barbers practice their trade; 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'other personal -care and beauty services such as tanning salons, tattoo studios, piercing.studios, hair removal services, and hair loss treatment and growth services. In areas with.high hospitalizations as defined below, any business establishment that otherwise would have a 75 percent occupancy or operating limit may operate at up to only 50 percent. This paragraph does not apply, however, to business establishments located:in a county that has filed with DSHS, and is in compliance with, the requisite attestation form promulgated'by DSHS regarding minimal cases of COVID-1.9: "Areas with high hospitalizations" means any Trauma Service Area that has had seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of total hospital. capacity exceeds 15 percent, until such time as the Trauma Service Area has seven consecutive days in which the number of COVID-19 hospitalized patients as a percentage of total hospital capacity is 15 .percent or less. A current list of areas with high hospitalizations will be maintained at www:dshs.texas.aov/ga3031. Except as provided below by paragraph No. 5, there is no occupancy: limit for outdoor areas, events, and establishments; with the exception of the following outdoor areas, events, or establishments that may operate at no more than 75.or 50 percent, as applicable, of the normal operating limits, as determined by the owner:. a. amusement parks; b. water parks; c. swimming pools; d. museums and libraries; and e. zoos, aquariums, natural caverns, and similar facilities.. 4. All indoor and outdoor professional; collegiate, and similar sporting events, including rodeos and equestrian events, shall remain limited to 50 percent of the normal operating limits as determined by the owner. 5. For any outdoor gathering in excess of 10 people, including rafting, tubing, and related services, other than those set forth• above in paragraph -Nos. -1, 3, or 4, the gathering is prohibited unless the mayor of the city in which the gathering is held,, or the county judge in the case of a gathering in. an.uriincorporated area, approves of the gathering, and such approval can be made subject to certain conditions or restrictions not inconsistent with:this executive order. FILED IN THE OFr;Ci= :,F 7 i`: SECRETARY OF STATE 3PM O'CLOCK OCT 01 2020 91 Governor Greg Abbott, October 7, 2020 Executive Order GA-32 Page 4 Restaurants that have less than 51 percent of their gross receipts from the sale of alcoholic beverages, arid whose customers eat or drink only while seated, may offer dine=in services. Bars or similar establishments that hold a permit from the Texas Alcoholic Beverage Commission (TABC), and are not restaurants as defined above in paragraph No. 6, may offer on -premises services only as described by this paragraph. A bar or similar establishment may offer on -premises services at up to 50 percent of the total listed occupancy of the establishment if: a. the bar or:similar establishment is not in an area with high hospitalizations as defined above., and the county judge of the county in which the bar or similar establishment is located files the requisite form with TABC; or b. the bar or similar establishment is.in an area with high hospitalizations as defined above, but is located in a county that has filed with DSHS, and is in compliance with, the requisite attestation form promulgated by DSHS regarding minimal cases of COVID-19,.and the county judge of the county in which the bar or similar establishment is located also files the requisite form with TABC. Patrons at bars or similar establishments operating under this paragraph may eat or drink only while seated, except that in an establishment that holds a permit from TABC as a brewer, distiller/rectifier, or winery, customers may sample beverages while standing so long as they are in a group of six people or fewer and there is at least six feet of social distancing or engineering controls, .such as partitions, between groups. Where applicable, this 50 percent occupancy limit applies only indoors; the limit does riot apply to outdoor areas, events., or establishments,. a lthotigh.social distancing and other protocols must be followed. People shall not visit bars or similar establishments that. are located in counties not included in parts (a) or (b) above. A current list of all counties reopening under this paragraph.will be maintained on.TABC's. website. The use by bars or similar establishments of drive-thru, pickup, or delivery options for food and drinks remains allowed to the extent authorized by TABC. 8. For purposes of this executive order, facilities with retractable roofs are considered indoor facilities; whether the roof is opened or closed. 9. Staff members are not included in determining operating levels, except for manufacturing services and office workers. 10. Except m provided in this executive order or in the minimum: standard health protocols recommended by DSHS, found at www.dshs.texas.gov/coronavirus, people shall not be in groups larger than 10 and shall maintain six feet'of social distancing from those riot in their group. 11. People:over the age of 65 are strongly encouraged to stay at home as much as possible; to maintain appropriate distance from any membef of.the household who has been out of the residence in the previous i4 days; And, if leaving the home; to implement social distancing and to practice good hygiene, environmental cleanliness, and sanitation. 12. 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. 13. Nothing in this executive order or the DSHS minimum standards precludes requiring a customer to follow additional hygiene measures when obtaining FILED IN THE OFFICE OF THE SECRETARY OF STATE --- 2Pk+2 O'CLOCK OCT 0 7 2620 92 Governor Greg Abbott Executive Order GA-32 October 7, 2020 Page 5 services. 14. People may visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities 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. 15. Public schools may operate as provided by, and under the minimum standard health protocols found in, guidance 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, the governor may by proclamation add to, the.list of establishments or venues that people shall not visit. This executive order shall supersede any conflicting order issued by local officials -in response to -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 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 mayenforce this executive order as well as local restrictions that are consistent with this executive order. .All existing state executive ordersrelating to COVID49 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 COVID-1.9-related order; :that order allowing confinement in.jail is superseded, And hereby suspend all relevant laws to the extent necessary to ensure that local officials do not confine people in jail for violating any:execuiive order or local -order issued in response to the COVID-19 disaster. This executive order supersedes Executive Order GA-30, but does not supersede Executive Orders GA-10, GA=13,.GA- 17, GA-24, GA-25, GA-29, or GA-31. This executive order shall remain in effea and, in full force unless it:is modified, amended, rescinded, or superseded by the governor. This executive order:may also be amended by .proclamation of the governor. Given under my'hand this the 7th day of October, 2020. GREG BOTT Governor. FILED IN THE OFFICE OF THE SECR�TARY OF STATE 3 O'CLOCK OCT 0 7 2020 93 Governor Greg Abbott October 7, 2020 ATTEST BY: � UTH R RUGHS Secretary of State 1 1 Executive Order GA-32 Page 6 FILED IN THE OFFICE OF THE SECRETARY OF STATE 'AeA► O'CLOCK OCT 0 7 2020. wo