HomeMy WebLinkAboutResolution - 2021-R0508 -13th Declaration of Disaster (COVID-19)Resolution No. 2021-RO508
Item No. 6.31
December 14, 2021
RESOLUTION CONFIRMING AND CONTINUING THE MAYOR'S
THIRTEENTH DECLARATION OF DISASTER
(COVID-19)
WHEREAS, the novel coronavirus (COVID-19) outbreak has been recognized as a
pandemic by the World Health Organization and is a contagious respiratory virus; and
WHEREAS, on March 13, 2020, pursuant to Section 418.014 of the Texas Government
Code, the Governor declared a state of disaster for the State of Texas; and
WHEREAS, on March 13, 2020, Lubbock County, Texas declared a state of disaster;
and
WHEREAS, on March 16, 2020, the Mayor issued the first of several Declarations of
Disaster; and
WHEREAS, the City of Lubbock has taken numerous steps to respond to COVID-19,
and has coordinated preparedness and response efforts across state and local agencies,
and worked with local partners to promote appropriate mitigation efforts; and
WHEREAS, as acknowledged in the governor's executive order GA-38 and subsequent
executive orders and proclamations, and as demonstrated locally by the residents of the
City of Lubbock and the surrounding area, COVID-19 hospitalizations and the rate of
new COVID-19 cases have steadily declined due to the millions of Texans, including
more than one hundred thousand Lubbock residents who have voluntarily been
vaccinated and many more who are otherwise immune, improved medical treatments for
COVID-19 patients, abundant supplies of testing and personal protective equipment, and
Texans' adherence to safe practices like social distancing and other mitigation strategies,
and the efforts of local businesses; and
WHEREAS, it is critical that the City of Lubbock continue to respond as necessary to,
and mitigate, the spread of COVID-19 to protect the health and welfare of the citizens of
Lubbock and the surrounding area; and
WHEREAS, continuing a state of disaster will facilitate and expedite the use and
deployment of resources to enhance preparedness and response if necessary; and
WHEREAS, while local officials may enforce the governor's executive orders as well
as local restrictions which are consistent with the executive orders, primary responsibility
for interpreting and enforcing the Governor's executive orders rests with state law
enforcement and regulatory agencies; and
WHEREAS, the City of Lubbock should continue to monitor the local spread of COVID-
19, educate and inform the public, and respond to any concentrations of infection; and
WHEREAS, the Mayor has issued a Thirteenth Declaration of Disaster, which
acknowledges that while the Governor's executive orders permits local officials to
enforce the governor's executive orders as well as local restrictions which are consistent
with the executive orders, the City of Lubbock shall defer primary responsibility for
interpreting and enforcing the Governor's executive orders to state law enforcement and
regulatory agencies; and
WHEREAS, the Mayor's Thirteenth Declaration of Disaster expires on March 31, 2022,
unless terminated sooner; and
WHEREAS, the City Council of Lubbock has determined that it is necessary to renew
and continue the state of local disaster.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND DECLARED BY THE
CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
1. That the City Council consents to the Mayor's Thirteenth Declaration of a
Local State of Disaster, a true and correct copy of which is attached to this
Resolution as Exhibit A as if copied verbatim, and hereby renews and
continues the local state of disaster for the City of Lubbock, Texas pursuant
to §418.108(b) of the Texas Government Code until March 31, 2022; and
2. As permitted by the Governor's executive orders, local officials may enforce
the governor's executive orders as well as local restrictions which are
consistent with the executive orders; however, the City of Lubbock shall defer
primary responsibility for interpreting and enforcing the Governor's
executive orders to state law enforcement and regulatory agencies; and
3. The Mayor may update the restrictions set out in the Declaration as necessary
to respond to the evolving circumstances of this outbreak during the duration
of the Disaster Declaration and any extension of the Declaration by the City
Council of the City of Lubbock; and
4. That this proclamation shall take effect immediately from and after its issuance.
SO ORDERED this the 14th day of December, 2021.
FOR THE CITY OF LUBBOCK, TEXAS:
,�� 6 n
STEV ASS N AYOR PRO TEM
ATTEST:
QC&X, r-
Rebe ca Garza,
City Secretary
APPROVED AS TO CONTENT:
W. Jarrett tkinson,
City Manager
SAcityatt\�CDOCS\Resolution Continuing the 13th Declaration of Disaster (FINAL).docx
THIRTEENTH DECLARATION OF DISASTER
(COVID-19)
WHEREAS, the novel coronavirus (COVID-19) outbreak has been recognized as
a pandemic by the World Health Organization and is a contagious respiratory
virus; and
WHEREAS, on March 13, 2020, pursuant to Section 418.014 of the Texas
Government Code, the Governor declared a state of disaster for the State of Texas;
and
WHEREAS, on March 13, 2020, Lubbock County, Texas declared a state of
disaster; and
WHEREAS, on March 16, 2020, the Mayor issued the first of several Declarations
of Disaster; and
WHEREAS, the City of Lubbock has taken numerous steps to respond to COVID-
19, and has coordinated preparedness and response efforts across state and local
agencies, and worked with local partners to promote appropriate mitigation efforts;
and
WHEREAS, as acknowledged in the governor's executive order GA-38 and
subsequent executive orders and proclamations, and as demonstrated locally by
the residents of the City of Lubbock and the surrounding area, COVID-19
hospitalizations and the rate of new COVID-19 cases have steadily declined due
to the millions of Texans, including more than one hundred thousand Lubbock
residents who have voluntarily been vaccinated and many more who are otherwise
immune, improved medical treatments for COVID-19 patients, abundant supplies
of testing and personal protective equipment, and Texans' adherence to safe
practices like social distancing and other mitigation strategies, and the efforts of
local businesses; and
WHEREAS, it is critical that the City of Lubbock continue to respond as necessary
to, and mitigate, the spread of COVID-19 to protect the health and welfare of the
citizens of Lubbock and the surrounding area; and
WHEREAS, continuing a state of disaster will facilitate and expedite the use and
deployment of resources to enhance preparedness and response if necessary; and
WHEREAS, while local officials may enforce the governor's executive orders as
well as local restrictions which are consistent with the executive orders, primary
responsibility for interpreting and enforcing the Governor's executive orders rests
with state law enforcement and regulatory agencies; and
WHEREAS, the City of Lubbock should continue to monitor the local spread of
COVID-19, educate and inform the public, and respond to any concentrations of
infection; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY
OF LUBBOCK, TEXAS that:
1) Although the scope of the disaster continues to diminish, COVID-19
continues to pose an imminent threat of disaster to the City of Lubbock;
and
2) Pursuant to §418.108(a) of the Government Code, a local state of disaster
is hereby declared for the City of Lubbock, Texas; and
3) Pursuant to §418.108(b) of the Government Code, the state of disaster
shall continue for a period of not more than seven days from the date of
this declaration unless continued or renewed by the City Council of
Lubbock; and
4) Pursuant to §418.108(c) of the Government Code, this declaration shall
be given prompt and general publicity and shall be filed promptly with
the City Secretary; and
5) Pursuant to §418.108(d) of the Government Code, this declaration of a
local state of disaster activates the city's emergency management plan.
The furnishing of aid and assistance under the declaration is hereby
authorized. The appropriate preparedness and response aspects of the
plan are activated and take effect immediately after this local state of
disaster is declared; and
6) The use of all available resources of the City of Lubbock that are
reasonably necessary to cope with this disaster are hereby authorized;
and
7) 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 limited purpose;
and
8) The Mayor may update any restrictions set out in this order as necessary
to respond to the evolving circumstances of this outbreak during the
duration of the Disaster Declaration issued on March 16, 2020 and any
extension of the Declaration by the City Council of the City of Lubbock.
2
9) As permitted by the Governor's executive orders, local officials may
enforce the governor's executive orders as well as local restrictions
which are consistent with the executive orders; however, the City of
Lubbock shall defer primary responsibility for interpreting and enforcing
the Governor's executive orders to state law enforcement and regulatory
agencies; and
10) Consistent with the governor's executive order GA-38 and subsequent
executive orders and proclamations, no civil or criminal penalty will be
imposed for failure to wear a face covering; and
11) Consistent with the governor's executive order GA-39, the City of
Lubbock shall not adopt or enforce any order, ordinance, policy,
regulation, rule, or similar measure that requires an individual to provide,
as a condition of receiving any service or entering any place,
documentation regarding the individual's vaccination status for any
COVID-19 vaccine. This paragraph does not apply to any documentation
requirements necessary for the administration of a COVID- 19 vaccine;
and
12) Consistent with the governor's executive order GA-40, the City of
Lubbock shall not compel receipt of a COVID-19 vaccine by any
individual, including an employee or a consumer, who objects to such
vaccination for any reason of personal conscience, based on a religious
belief, or for medical reasons, including prior recovery from COVID-19;
and
13) That should any paragraph, sentence, clause, phrase or word of this
Declaration be declared to be in conflict with an executive order of the
Governor, or be declared to be unconstitutional or invalid for any reason,
the remainder of this Declaration shall not be affected thereby; and
14) That this Declaration shall take effect upon signing, shall supersede and
supplant all prior Declarations, and, unless terminated sooner, shall
continue through March 31, 2022, subject to the consent and approval of
the City Council, and any extension thereafter based on the status of
COVID-19 in Texas and the recommendations of the Office of the
Governor and the Guidelines from the President and the CDC.
SO DECLARED and ORDERED on December 14, 2021 at 5:15 P.M.
FOR THE CITY OF LUBBOCK, TEXAS:
ATTEST: STEVE M ENGALE, OR PRO TEM
W
Re ecca Garza,
City Secretary
APPROVED A TO CO ENT:
W. Jarrsfit Atkinson,
City Manager
APPROVED AS'
John r ce,�
Assi t it
tt�
SAc' att DOCS OVIL
i
i
Disaster Declaration (FINAL).docx