HomeMy WebLinkAbout2020 0323Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: March 23, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discussion and approve actions to include adjustments on extension of disaster declaration due to the
Coronavirus (COVID-19) as authorized by Section 418.108 of the Texas Government Code.
Suggested Action:
Attachments:
Res 2020-xxx Renewing Disaster Declaration - COVID-19.docx
Actions for May 2, 2020 Uniform Election Date.pdf
Governor's Office Clears Governmental Bodies to Meet Telephonically or by Videoconference.pdf
Governor Abbott Waives Regulations Alcohol Deliveries.pdf
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CITYOFTHE COLONY,TEXAS
RESOLUTION NO.2020-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, RATIFYING, CONTINUING AND RENEWING THE
MAYORAL DECLARATION OF A LOCAL STATE OF DISASTER DUE
TOAPUBLICHEALTHEMERGENCYINRESPONSETOTHECOVID-19
VIRUS OUTBREAK, PURSUANT TO THE TEXAS DISASTER ACT OF
1975, CHAPTER 418 OF THE TEXAS GOVERNMENT CODE; AND
PROVIDINGAN EFFECTIVE DATE.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated COVID-
19, has spread through the world and has now been declared a global pandemic by the World
Health Organization; and
WHEREAS,symptoms of COVID-19 include fever, coughing and shortness of breath,
and in some cases, the virus has been fatal; and
WHEREAS,the COVID-19 virus may be spread between people in close contact with
one another through respiratory droplets produced by an infected person; and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human
Services declared a public health emergency in response to COVID-19; and
WHEREAS,on March 13, 2020, the President of the United States declared the COVID-
19 outbreak a national health emergency beginning on March 1, 2020; and
WHEREAS, on March 13, 2020, the Governor of the State of Texas declared a state of
disaster for all counties in Texas in response to the COVID-19 outbreak; and
WHEREAS, on March 13, 2020, Denton County Judge Andy Eads declared a state of
disaster for Denton County, Texas in response to the COVID-19 outbreak; and
WHEREAS,on March 17, 2020, the Denton County Commissioners Court, issued Court
Order Number 20-0201, declaring a disaster and in part recommended the postponement or
cancellation of all gatherings over 50 people; and
WHEREAS, the Texas Disaster Act of 1975 (the “Disaster Act”) authorizes the presiding
officer of a political subdivision to declare a local state of disaster for up to seven (7) days; and
WHEREAS,on March 17, 2020, the Mayor of the City of The Colony declared a local
state of disaster for the City of The Colony, Texas, commencing immediately (the “Mayoral
Disaster Declaration”); and
WHEREAS,the Disaster Act authorizes the governing body of the City of The Colony,
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Texas, to continue or renew a declared local state of emergency for a period of more than seven
(7) days; and
WHEREAS,prudence dictates that extraordinary measures must continue to be taken to
contain COVID-19 and prevent its spread throughout the City of The Colony, Texas, including the
quarantine of individuals, groups of individuals and occupied structures and, additionally,
including compelling individuals, groups of individuals, or occupied structures to undergo
additional health measures that prevent or control the spread of the virus; and
WHEREAS, the City Council of the City of The Colony, Texas, finds that it is in the best
interest of the City of The Colony to ratify, continue and renew the Mayoral Disaster Declaration
in response to the COVID-19 virus outbreak pursuant to the Disaster Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. On March 17, 2020, the Mayor of the City of The Colony, Texas, declared
a local state of disaster due to a public health emergency in response to the COVID-19 outbreak
for the City of The Colony, Texas, effective immediately (the “Mayoral Disaster Declaration”),
pursuant to section 418.108(a) of the Texas Government Code.
SECTION 2. Pursuant to section 418.108(a) of the Texas Government Code, the Mayoral
Disaster Declaration was declared for a period not to exceed seven (7) days from the effective date
of the declaration.
SECTION 3. Pursuant to section 418.108(c) of the Texas Government Code, the Mayoral
Disaster Declaration was given prompt and general publicity and filed promptly with the City
Secretary of the City of The Colony, Texas.
SECTION 4. Pursuant to section 418.108(a) of the Texas Government Code, the Mayoral
Disaster Declaration may be continued or renewed for a period of more than seven (7) days from
the effective date by the City Council of the City of The Colony, Texas.
SECTION 5. Pursuant to section 418.108(d) of the Texas Government Code, the Mayoral
Disaster Declaration activated the City of The Colony Emergency Management Plan, ordinance
No. 2015-2121, and as amended by Ordinance No. 2018-2323, and authorizes the furnishing of
aid and assistance under the declaration.
SECTION 6.The City Council of the City of The Colony, Texas, hereby continues and
renews the Mayoral Disaster Declaration authorizing the City to take any actions necessary to
promote health and suppress the virus, including, but not limited to, 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, and insuring compliance for those who
do not comply with the City’s rules, pursuant to section 122.006 of the Texas Health and Safety
Code.
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SECTION 7. The City Council of the City of The Colony, Texas, hereby continues and
renews the Mayoral Disaster Declaration and recommends limiting the size of all gatherings to not
more than ten (10)people and recommends the postponement or cancellation of all such gatherings
until further notice. A “gathering” refers generally to a scheduled event or common endeavor
where ten (10) people or more are present in a confined space, room, or area. This section shall
not apply to restaurants or retail establishments.
SECTION 8.The City Council of the City of The Colony, Texas, hereby continues and
renews the Mayoral Disaster Declaration authorizing the use of all lawfully available enforcement
tools to effectuate the purposes of the Mayoral Disaster Declaration.
SECTION 9. This declaration shall immediately take effect upon adoption and remain in
effect until May 6, 2020, whereupon such date it shall be assessed and considered for further
amendment, renewal, extension or repeal by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 23
rd DAY OF MARCH, 2020.
____________________________________
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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