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HomeMy WebLinkAboutR20-490RESOLUTION :NO. R20-490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW TEXAS RENEWING RESOLUTION R20-486 PURSUANT TO TEXAS GOVERNMENT CODE § 418.108; EXTENDING' THE DECLARATION OF LOCAL DISASTER TO SEPTEMBER 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 § 418.108, 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 and Resolution R20-486 on July 14, 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 COVID-19; and WHEREAS, on July 10, 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 City Council of the City of Plainview, in response to the increased numbers of individuals testing positive for COVID-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 §418.108,_ the City Council 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. R20-486 on July 14, 2020 to help -further contain COVID-19 and prevent its spread throughout the City of Plainview; and Resolution R20-490 Page 1 of 3 67 WHEREAS, the Declaration of Local Disaster extended in Resolution .No R20-486 is set to -expire at 11:59 :p.m:, Tuesday; August 11, 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' ifs citizens, in order to protect and preserve the public: health, safety and welfare, to continue :the extension of the a 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 R20-486 as: approved on July 14, 2020;. are hereby adopted by reference and are incorporated herein as though set forth fully herein. 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. THATthis resolution and order shall go into effect immediately upon passage and:-, continue until 11:59 p.m., Tuesday, September .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 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. Resolution R20490 Page 2 of 3 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 necessaryto 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-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 6th day of August, 2020. CITY OF PLAINVIEW, TEXAS Wendell Dunlap, Mayor ATTEST: Belinda Hinojosa, Cit cretary 11 Resolution R20=490 Page 3 of 3