HomeMy WebLinkAboutR21-534274
RESOLUTION NO. R21-5.34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'PLAINVIEW
TEXAS EXTENDING THE .DECLARATION. OF LOCAL DISASTER TO
DECEMBER 9; 2021
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 1:9, 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 Apr.il'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;
Resolution R20-493 on September 22, 2020; Resolution R20-494 on October 1:3, 2020;
Resolution R20-500 on November- 10, 2020; Resolution R20-501 :on. December 8,. 2020;
Resolution R21-5.03 on January 7, 2021; Resolution R21-508 on February 4, 2021.;'
Resolution R21-509 on March 4, 2021;: Resolution R21-511 on April 8, 2021:; Resolution
R21-514 on May 6, 2021; Resolution 1121-516 on June 3, 2021; Resolution R21-518 on
June 22, 2021; Resolution R2.1-524 on July 22, 2021; :Resolution R21-526 on August 19,
2021; Resolution 21-531 on September 14, 2021; Resolution 21-533 on October 12, 2021
and
WHEREAS, on March 2, 2021, the. Governor of the State of Texas issued
Executive .Order GA=34, superseding Executive Order .GA-32, further expanding the
reopening of businesses, activities, nursing homes and related facilities, and services
throughout most of Texas; and
'WHEREAS, the Governor of the State of Texas has stated that there has been..a
steady decline in hospitalizations and the rate of new COVID-19 cases due to the millions.
of Texans who have voluntarily been vaccinated, including many within the City of
Plainview, the natural immunity of many within the community, improved medical
treatments for COVID-19 patients, abundant supplies of testing and, personal protective
equipment, and Texans'- adherence to safe practices like social distancing, hand
sanitizing, and use of face coverings; and
WHEREAS, the Trauma Service Area B; which includes Hale County, is- riot
considered an area of:high hospital izatioh and. the hospitalization rates have: consistently
been below the fifteen percent (15%) high hospitalization rate threshold Trauma Service
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Area B is still experiencing a significant number of :positive COVID-19 cases and
hospitalizations; and
WHEREAS, on July 29, 2021, the Governor of the State of Texas issued Executive
Order GA-38 further clarifying that no local governmental entity; including municipalities,
can mandate anyone to wear a face covering or obtain the COVID-19 vaccine; and
WHEREAS, h areas where the COVID-19 transmission rate is high, individuals
are encouraged to follow safe practices such as wearing face coverings over the nose
and mouth when social distancing is impossible or impractical; and.
WHEREAS, on October 28, 202.1, the Governor of the State of Texas renewed his
state-wide disaster proclamation certifying that COVI.D-19 poses, an imminent threat. of
disaster for all counties in the State of Texas; and
WHEREAS,. the Declaration of Local Disaster extended in R21-533 is set to expire
at 11:59 p.m., Saturday, November 1.3, 2021; and
WHEREAS, the City of Plainview, in an effort to continue to combat the. spread of
COVID-19 and -to continue to support the improvement of local economic conditions while
-still maintaining the ability to protect against COVID-19 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 of the Governor's Executive Order GA-34 .as
adopted by Resolution R21-524 and continued in Resolution R21-533, and Executive
Order GA=38, is hereby adopted and the Mayoral Declaration of Local Disaster initially
signed and executed by the Mayor on March 19, 2020. and extended by the City Council
by successive resolution is renewed and extended to the extent it does not directly conflict
with this resolution.
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.
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4. THAT this resolution and order shall go into effect immediately upon passage and
continue until 11:59 p.m., Thursday, December 9, 2021, unless renewed, extended,
amended or cancelled by the Mayor. or City Council of the City of Plainview.
5. 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.
6. 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 .l'imited purpose.
7. THAT to the extent this resolution conflicts with the Governor's Executive Order
GA-34 or GA-38, Executive Order GA-34 and GA-38 controls and the Mayor may comport
and amend .this resolution and order and any subsequent order to be consistent with
Executive Order GA-34 or Executive Order GA-38.
8. 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 9th day of November, 2021.
CITY OF PLAINVIEW, TEXAS
Charles Stagnes,
ATTEST:
Belinda Hinojosa, it Secretary
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