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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 2 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, 3 2 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. 4 3 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 5 6 7 8 9 10 11 12 13 14 15 16