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HomeMy WebLinkAboutR20-470322 RESOLUTION NO. R20-470 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW TEXAS RENEWING, AMENDING AND EXTENDING THE MAYORAL DECLARATION OF LOCAL DISASTER ISSUED BY THE MAYOR OF THE CITY OF PLAINVIEW, TEXAS ON MARCH 19, 2020 PURSUANT TO TEXAS GOVERNMENT CODE § 418.108; PROVIDING A PENALTY FOR VIOLATION OF THE DECLARATION OF A FINE UP TO $1000.00 OR CONFINEMENT IN JAIL FOR UP TO 180 DAYS. WHEREAS, the novel coronavirus (COVID-19) has been recognized as a pandemic by the World Health Organization and is a contagious respiratory virus; and WHEREAS, the Governor of the State of Texas, Greg Abbott, issued a state-wide disaster proclamation on March 13, 2020, certifying that COVID-19 poses an imminent threat of disaster for all counties in the State of Texas; 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; and WHEREAS, COVID-19 continues to spread and pose an imminent threat of widespread or severe illness, injury, or loss of life requiring emergency action and represents a public health disaster according to the Texas Department of State Health Services; and WHEREAS, the City of Plainview has already taken numerous steps to prepare for COVID- 19, such as coordinating preparedness efforts with Hale County officials and the local health authority to promote appropriate prevention and mitigation efforts; WHEREAS, the Governor of the State of Texas, on March 19, 2020, issued Executive Order GA-08, placing restrictions on social gatherings, visitations to local food and retail establishments where individuals in large numbers gather; and WHEREAS, Executive Order GA-08 also places additional restrictions on visitations to nursing homes, retirement centers and long-term care facilities as well as temporarily closing schools; and WHEREAS, it is critical for the City of Plainview to continue to take steps to prepare for, respond to, and mitigate the spread of COVID-19 to protect the health and welfare of the citizens of Plainview and the surrounding area; and WHEREAS, the President of the United States and the United States Centers of Disease Control and Prevention (CDC), on March 16, 2020, issued COVID-19 Guidelines for America calling upon Americans to slow the spread of COVID-19 by avoiding social gatherings in groups of more than 10 people, using drive-thru, pickup, or delivery options at restaurants and bars, and avoiding visitation at nursing homes, among other steps; and Page 1 of 4 323 1 WHEREAS, declaring a state of disaster will facilitate and expedite the use and deployment of resources to enhance preparedness and response; and WHEREAS, the Mayor believes it to be in the best interest of the City of Plainview that the Mayoral Declaration of Local Disaster be extended along with additional reporting requirements of the local health agencies and authorities; and WHEREAS, pursuant to Section 418.108(b) of the Texas Government Code, a local declaration of a state of disaster for public health emergency shall continue for a period of not more than seven days from the date of the declaration unless continued or renewed by the City Council of the City of Plainview, Texas; and WHEREAS, 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 extend, renew the Declaration of Local Emergency with the changes requested by the Mayor; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, HEREBY RESOLVES AND DECLARES: 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 Mayoral Declaration of a Local Disaster, which was signed and executed by the Mayor on March 19, 2020, not in direct conflict with this Resolution, is hereby renewed and continued through April 14, 2020, in accordance with Texas Government Code § 418.108(b). 3. THAT by the authority granted to the Mayor under Texas Government Code Chapter 418 and by the general authority granted to home -rule municipalities under Texas Health and Safety Code § 122.006, the following is hereby ordered: (a) All doctors located in the City of Plainview ordering COVID-19 testing and all public, private, and commercial laboratories operating within the City of Plainview and Hale County and performing COVID-19 testing shall report to Jack McCasland, Plainview -Hale County Health Department or his designee, at (806) 293-1359, the following information: (i) report by 5:00 p.m. each day for the prior 24-hour period the number of COVID-19 tests performed; (ii) report immediately the number of positive COVID-19 tests; and, (iii) report by 5:00 p.m. each day for the prior 24-hour period the number of negative COVID-19 tests. (b) This information will be used solely for public health purposes in the County to mitigate and contain the spread of COVID-19. Page 2 of 4 324 4. THAT pursuant to §418.108(c) of the Texas Government Code, this Resolution extending the Mayoral Declaration of Local Disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 5. 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. 6. THAT the Mayor and the City Manager is authorized to use all available resources of the City of Plainview reasonably necessary to comply with this Declaration. 7. THAT pursuant to § 418.173 of the Texas Government Code, any person who knowingly or intentionally violates this Declaration commits an offense, punishable by a fine up to $1,000.00 or confinement in jail for a term that does not exceed 180 days. 8. THAT this Declaration shall take effect immediately upon final passage. ATTEST: Belinda Hinojosy Secretary APPROVED AS TO CONTENT: CITY OF PLAINVIEW, TEXAS Wendell Dunlap, Mayor Page 3 of 4 I 325 APPROVED AS TO FORM: Matt ade, City Attorney 1 1 Page 4 of 4 326 CITY OF PLAINVIEW, TEXAS MAYORAL DECLARATION OF LOCAL OF DISASTER WHEREAS, the novel coronavirus (COVID-19) has been recognized as a pandemic by the World Health Organization and is a contagious respiratory virus; and WHEREAS, the Governor of the State of Texas, Greg Abbott, issued a state-wide disaster proclamation on March 13, 2020, certifying that COVID-19 poses an imminent threat of disaster for all counties in the State of Texas; and WHEREAS, as of March 19, 2020, there are no confirmed cases of COVID-19 in Plainview, Texas; there are more than 83 confirmed cases of COVID-19 located in multiple Texas counties including three (3) confirmed cases in adjoining Lubbock County; and WHEREAS, COVID-19 continues to spread and pose an imminent threat of widespread or severe illness, injury, or loss of life requiring emergency action and represents a public health disaster according to the Texas Department of State Health Services; and WHEREAS, the City of Plainview has already taken numerous steps to prepare for COVID- 19, such as coordinating preparedness efforts with Hale County officials and the local health authority to promote appropriate prevention and mitigation efforts; WHEREAS, the Governor of the State of Texas, on March 19, 2020, issued Executive Order GA-08, placing restrictions on social gatherings, visitations to local food and retail establishments where individuals in large numbers gather; and WHEREAS, Executive Order GA-08 also places additional restrictions on visitations to nursing homes, retirement centers and long-term care facilities as well as temporarily closing schools; and WHEREAS, it is critical for the City of Plainview to take additional steps to prepare for. respond to, and mitigate the spread of COVID-19 to protect the health and welfare of the citizens of Plainview and the surrounding area; and WHEREAS, the President of the United States and the United States Centers of Disease Control and Prevention (CDC), on March 16, 2020, issued COVID-19 Guidelines for America calling upon Americans to slow the spread of COVID-19 by avoiding social gatherings in groups of more than 10 people, using drive-thru, pickup, or delivery options at restaurants and bars, and avoiding visitation at nursing homes, among other steps; and WHEREAS, declaring a state of disaster will facilitate and expedite the use and deployment of resources to enhance preparedness and response; and WHEREAS, pursuant to Texas Government Code §418.108 authorizes the Mayor, as the presiding officer of the City Council of the City of Plainview, to issue a declaration of local disaster in order to protect and preserve the public health, safety and welfare; NOW, THEREFORE, BE IT DECLARED BY THE MAYOR OF THE CITY OF PLAINVIEW, TEXAS: 327 I . THAT a local state of disaster for public health emergency is hereby declared for the City of Plainview, Texas pursuant to Texas Government Code § 418.108(a). 2. THAT there is hereby placed a limit on the size of all social gatherings to no more than ten (10) people and mandates the cancellation of all such social gatherings with more than ten (10) people. 3. THAT the use of the public eating and drinking areas and facilities at restaurants, bars retail eating establishments and food courts and visiting gyms or massage parlors is prohibited; provided, however, that the use of drive-thru, pickup or delivery services of restaurants, retail eating establishments and food courts food courts is permitted and highly encouraged during the term of this Declaration. 4. THAT the limitation on the size of social gatherings applies to any event that brings together, or is likely to bring together, ten (10) or more persons at the same time in a single room or other single confined or enclosed space, such as, and without limitation, any auditorium, theatre, stadium (indoor or outdoor), arena or event center, meeting hall, Plainview Civic Center, conference center, cafeteria, or any other confined indoor or outdoor space; provided, however, it does not apply to the following: (a) public or private schools; (b) licensed day care facilities (c) weddings and funerals; (d) museums (so long as visitors are generally not within arm's length of one another for extended periods); (e) spaces where 10 or more persons may be in transit or waiting for transit, such as bus stops; (f) office space, hotels, or residential buildings; (g) grocery stores, shopping malls, outdoor markets, or other retail establishments where large numbers of people are present but where it is unusual for them to be within arm's length of one another for extended periods; (h) hospitals, medical facilities, and shelters; and (i) jails and detention centers. 5. THAT the limitation on the size of social gatherings does not apply to places of worship but all such places of worship are highly encouraged to voluntarily comply with the limitations provided in this Declaration. 6. THAT pursuant to § 418.108(b) of the Texas Government Code this Declaration of Local Disaster shall continue for a period of not more than seven (7) days from the date of this declaration, unless continued or renewed by the City Council of the City of Plainview, Texas. 7. THAT pursuant to §418.108(d) of the Texas Government Code, this Declaration of Local Disaster activates the emergency management plan for the City of Plainview. 328 8. THAT pursuant to §418.108(c) of the Texas Government Code, this Declaration of Local Disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 9. THAT this Declaration authorizes the City to take any actions necessary to promote health and suppress the COVID-19 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, and insuring compliance of such actions, pursuant to Texas Health and Safety Code § 122.006. 10. THAT the City and the City Manager is authorized to use all available resources of the City of Plainview reasonably necessary to comply with this Declaration. 11. THAT for all gatherings, it is strongly recommended that citizens adhere to the Social Distancing Protocols established by the United States Centers for Disease Control and Prevention (CDC). 12. THAT pursuant to § 418.173 of the Texas Government Code, any person who knowingly or intentionally violates this Declaration commits an offense, punishable by a fine up to $1,000.00 or confinement in jail for a term that does not exceed 180 days. 13. THAT this Declaration shall take effect at 11:59 p.m. on March 19, 2020 and continue until renewed, extended, amended or cancelled on its own terms or by the City Council of the City of Plainview. SO ORDERED this the 19th day of March, 2020. A TTE Belinda Hinojosa, City Se r ary CITY OF PLAINVIEW, TEXAS Wendell Dunlap, Mayor -- L 329 1 1 APPROVED AS TO CONTENT: APPROVED AS TO FORM: Mattew L. Wade, City Attorney