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HomeMy WebLinkAboutR20-500106 RESOLUTION NO. R20-500 A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF PLAINVIEW TEXAS i EXTENDING:'THE DECLARATION OF LOCAL DISASTER TO DECEMBER 8, 2020; PROVIDING A PENALTY FOR VIOLATION OF THE DECLARATION OF A FINE UP TO $:1000.06 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 NG. R20-477 on May- 7, 2020, Resolution No.. R20-478 on May 20, 2020, Resolution No. 1120-482 on June 9, 2020, Resolution R20-486 on July 14, 2020, Resolution :R20-490 on August 11, 2020, Resolution R20- 4.92 on September 8; 2020; Resolution: R20-493 on September 22, 2020; and Resolution R20- 494 on October 13, 2020; 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 riot 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 WHEREAS, the Declaration of Local Disaster extended in R20-494 is set to expire -at 11:59 p.m., Tuesday, November 10, 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 Locai-Disaster, and adopt the measures. outlined herein; NOW THEREFORE,. THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, HEREBY RESOLVES, DECLARES AND ORDERS: Resolution R20-500 Page 1 _of 3 107 1 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 R20-494 approved on October 13, 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 hereimai nd 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.rh, .,. Tuesday, December 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-1-9 virus,. and insuring compliance'for those who:do- not comply with the City's "rules sand directives. .7. THAT,to the, extent permitted by law, any local ordinance Lor 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-32, Executive Order GA-29 and GA-32 controls. and the Mayor may comport and amend this resolution and order and any subsequerit 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. Resolution R20-500 . Page -2 of 3 im Approved by the City -Council this the 1 & day of Nbvbmber, 2020. -ATTEST: Belinda Hinojosa, City �2Sr. ..)tar.y CITY OF PLAINVIEW, TEXAS Resolution R20-50.0 Page -3iof-3