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HomeMy WebLinkAboutR20-501109 RESOLUTION NO. R20-501 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW TEXAS EXTENDING THE DECLARATION OF LOCAL DISASTER TO JANUARY 7, 2021; 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 § 418.108, 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. R20-470 on March 24, 2020, Resolution No. R20-471 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 R20-486 on July 14, 2020, Resolution R20-490 on August 11, 2020, Resolution R20-492 on September 8, 2020; Resolution R20-493 on September 22, 2020; Resolution R20-494 on October 13, 2020; and Resolution R20-500 on November 10, 2020; and WHEREAS, on December 6, 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 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 COVID-19; and WHEREAS, the Governor of the State of Texas has issued guidance and encourages the use of personal protective equipment, and safe practices like social distancing, hand sanitizing, and use of face coverings, to curtail the spread of COVID-19; and WHEREAS, on October 7, 2020, the Governor of the State of Texas issued Executive Order GA-32, superseding Executive Order GA-30, expanding the reopening of businesses, activities, nursing homes and related facilities, and services in areas that are not throughout most of Texas; and Resolution R20-501 Page 1 of 3 110 WHEREAS, the Declaration of Local Disaster extended in R20-500 is set to expire at 11:59 p.m., Tuesday, December 8, 2020; and WHEREAS, the City is located in Trauma Service Area B that is an area of high hospitalization where the number of COVID- 19 hospitalized patients as a percentage of total hospital capacity exceeds 15 percent; and WHEREAS, while the City of Plainview continues to safely re -open, this region is experiencing an increase in the number of COVID-19 cases 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 City Council Resolution R20-500 approved on November 10, 2020 adopting the Governor's Executive Order GA-32 are hereby extended and adopted by reference and are incorporated herein as though set forth fully herein and the Mayoral Declaration of Local Disaster initially signed and executed by the Mayor on March 19, 2020 is renewed and extended. 3. 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. 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 fine up 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, January 7, 2021, 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 Resolution R20-501 Page 2 of 3 1 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. 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 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. 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 8th day of December, 2020. CITY OF PLAINVIEW, TEXAS Charles St rues, Mayor ATTEST: Belinda Hinojosa, City Secre Resolution R20-501 Page 3 of 3