HomeMy WebLinkAboutResolution - 2020-R0169 - Confirming & Continuing Mayor's 9Th Declaration Of Disaster - 05/12/2020Resolution No. 2020-RO169
Item No. 7.1
May 12, 2020
RESOLUTION CONFIRMING AND CONTINUING THE MAYOR'S
NINTH 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, the Mayor has issued multiple Declarations of Disaster in response to
the COVID-19 pandemic; and
WHEREAS, as of May 11, 2020 there have been 598 confirmed cases of COVID-
19 infections, of which 234 remain active; and
WHEREAS, as of May 12, 2020, Lubbock's hospital bed capacity is more than
adequate to treat the current rate of COVID-19 cases; and
WHEREAS, the Mayor has issued a Ninth Declaration of Disaster, which adopts
and incorporates the governor's recent executive order (GA-21) regarding the
reopening of retail businesses; and
WHEREAS, the Mayor's Ninth Declaration of Disaster continues the Lubbock
Safe! Certification program to recognize businesses and their customers who
choose to adhere to the program's voluntary guidelines, demonstrating that they are
going above and beyond the required health and safety protocols, and entitling the
business to use the Lubbock Safe! designation in its advertising and marketing; 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 Ninth 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, including the adoption of
executive order GA-21 and the continuation of the Lubbock Safe! program,
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; and
2. 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 issued on this date and any extension of the
Declaration by the City Council of the City of Lubbock; and
3. That this proclamation shall take effect immediately from and after its issuance;
and
4. That the City Council shall review this local state of disaster and related
restrictions at its regularly scheduled meeting on May 26, 2020.
SO ORDERED this the 12th day of May, 2020.
FOR THE CIT LUBBOCK, TEXAS:
Daniel M. Pope, Mayor
ATTEST:
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APPROVED AS TO CONTENT:
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W. Ja tt Atkinson,
City Manager
S:\cityatt\CCDOCS\Resolution Continuing the 9th Declaration of Disaster (1.1).docx
NINTH 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, as of March 16, 2020, certain schools, universities, and other
governmental entities had begun to alter their schedules, and some venues were
beginning to temporarily close, as precautionary responses to the increasing
presence of COVID-19 in Texas; and
WHEREAS, costs incurred to prepare for and respond to COVID-19 are expected
to mount at the local level; and
WHEREAS, the City of Lubbock has already taken numerous steps to prepare for
COVID-19, such as coordinating preparedness efforts across state and local
agencies, and working with local partners to promote appropriate mitigation
efforts; and
WHEREAS, it is critical for the City of Lubbock to take additional steps to prepare
for, respond 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, declaring a state of disaster will facilitate and expedite the use and
deployment of resources to enhance preparedness and response; and
WHEREAS, in light of recommendations from the Centers for Disease Control
regarding social distancing protocols, it is necessary to issue guidance regarding
public and private gatherings in order to mitigate the spread of the disease and
preserve and protect public health; and
WHEREAS, on March 19, 2020, Governor Greg Abbott issued statewide orders;
and
WHEREAS, the Mayor has issued several Declarations of Disaster, to facilitate
enforcement of the Governor's Order; and
WHEREAS, on April 28 , 2020, the Mayor issued an Eighth Declaration of
Disaster, reopening certain non -essential retail businesses, providing guidance for
conducting essential businesses, and consolidating his prior Declarations; and
WHEREAS, the White House and CDC Guidelines for Opening Up America
Again continue to state that:
a. ALL VULNERABLE INDIVIDUALS should continue to shelter in place.
Members of households with vulnerable residents should be aware that by
returning to work or other environments where distancing is not practical,
they could carry the virus back home. Precautions should be taken to
isolate from vulnerable residents.
b. All individuals, WHEN IN PUBLIC (e.g., parks, outdoor recreation areas,
shopping areas), should maximize physical distance from others. Social
settings of more than 10 people, where appropriate distancing may not be
practical, should be avoided unless precautionary measures are observed.
Avoid SOCIALIZING in groups of more than 10 people in circumstances
that do not readily allow for appropriate physical distancing (e.g.,
receptions, trade shows).
d. MINIMIZE NON -ESSENTIAL TRAVEL and adhere to CDC guidelines
regarding isolation following travel.
Additional White House and CDC guidance may be found at:
https://www.whitehouse.gov/openingamerica/
WHEREAS, on May 5, 2020, the Governor issued an Executive Order (GA-21),
relating to statewide continuity of essential services and activities during the
COVID-19 disaster, which provides, among other things, that, "[t]his executive
order shall supersede any conflicting order issued by local officials in response to
the COVID-19 disaster, but only to the extent that such a local order restricts
essential services or reopened services allowed by this executive order or allows
gatherings prohibited by this executive order, or expands the list of essential
services or the list or scope of reopened services as set forth in this executive
order;" and
WHEREAS, Executive Order (GA-21) also, "...suspend[s] Sections 418.1015(b)
and 418.108 of the Texas Government Code, Chapter 81, Subchapter E of the
Texas Health and Safety Code, and any other relevant statutes, to the extent
necessary to ensure that local officials do not impose restrictions inconsistent with
this executive order, provided that local officials may enforce this executive order
as well as local restrictions that are consistent with this executive order;" and
WHEREAS, Executive Order (GA-21) states that, "[i]n accordance with guidance
from DSHS Commissioner Dr. Hellerstedt, and to achieve the goals established
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by the President to reduce the spread of COVID-19, every person in Texas shall,
except where necessary to provide or obtain essential services or reopened
services, minimize social gatherings and minimize in -person contact with people
who are not in the same household. People over the age of 65, however, are
strongly encouraged to stay at home as much as possible; to maintain appropriate
distance from any member of the household who has been out of the residence in
the previous 14 days; and, if leaving the home, to implement social distancing and
to practice good hygiene, environmental cleanliness, and sanitation;" and
WHEREAS, this Declaration does not restrict essential services or reopened
services allowed by the executive order, or allow gatherings prohibited by the
executive order, or expand the list of essential services or the list or scope of
reopened services as set forth in the governor's executive order; and
WHEREAS, as of May 7, 2020 there have been 582 confirmed cases of COVID-
19 infections, of which only 240 remain active; and
WHEREAS, as of April 27, 2020, Lubbock's hospital bed capacity is more than
adequate to treat the current rate of COVID-19 cases; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY
OF LUBBOCK, TEXAS that:
1) 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
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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) Pursuant to §418.108(g) of the Government Code, the Mayor of the City
of Lubbock may control ingress to and egress from a disaster area within
the incorporated limits of the City of Lubbock and control the movement
of persons and the occupancy of premises in that area; and
9) Pursuant to § 122.006 of the Health & Safety Code, the City of Lubbock
may adopt rules to protect the health of persons in the municipality,
including quarantine rules to protect the residents against communicable
disease; and
10) The virus that causes COVID-19 is easily transmitted, especially in
group settings, and it is essential that the spread of the virus be slowed to
protect the ability of public and private health care providers to handle
an influx of patients and safeguard public health and safety.
ADOPTION OF GOVERNOR'S EXECUTIVE ORDER GA-18
11) The Governor's executive order GA-21 is hereby adopted by reference
and incorporated herein as if copied verbatim. To the extent that any
provision of GA-21, or any subsequent executive order, conflicts with
any provision of this Declaration, the executive order supersedes and
controls this Declaration.
STAY AT HOME IF YOU ARE SICK
12) Any person who is sick or currently experiencing common COVID-19
symptoms, including fever, cough, or shortness of breath, is hereby
ordered to STAY AT HOME until such time that:
a. He or she has had no fever for at least 72 hours without the use of
fever reducing medicine, such as Tylenol; and
b. His or her other symptoms have improved; and
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c. At least 14 days have passed since the symptoms first appeared.
If any person in a household has tested positive for COVID-19, all
persons in the household are hereby ordered to STAY AT HOME and
self -quarantine for a period of at least 14 days. Members of the household
may not travel to work, school, or anywhere else until cleared by a
medical professional.
This order does not prohibit any person from leaving his or her residence
to seek necessary medical or emergency care.
VOLUNTARY LUBBOCK SAFE! PROGRAM
13) The voluntary Lubbock Safe! Guidelines (available for review on the City
of Lubbock website at: https:Hci.lubbock.tx.us/lubbocksafe) are in addition
to the mandatory regulations required by the Governor's Executive Order
(GA-21 and any subsequent executive order) and are not required.
Businesses and their customers who choose to adhere to these voluntary
guidelines demonstrate that they are going above and beyond the required
health and safety protocols, and entitle a business to use the Lubbock Safe!
designation in its advertising and marketing; and
14) The Mayor, or his designee, may amend the Lubbock Safe! Guidelines,
and may issue clarifying or interpretive guidance, to respond to the
evolving circumstances of this outbreak, to respond to subsequent
executive orders, and to aid businesses and their customers in adhering
to the intent of this voluntary program.
ADDITIONAL REQUIREMENTS
15) The Mayor may update the 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;
16) Subject to the guidance set forth in the Governor's executive order GA-
21, and any subsequent executive order, the Lubbock Health Department
may require additional occupancy, sanitation, signage, and social
distancing practices for any business which remains open; and
17) For ANY workplace that remains open, management of the business
should facilitate and encourage practicing social distancing and good
hygiene and, where feasible, require employees to work from home in
order to achieve optimum isolation from COVID-19.
ENFORCEMENT
18) Pursuant to GA-21, local officials may enforce the governor's executive
order as well as local restrictions which are consistent with the executive
order; and
19) Pursuant to Lubbock City Ordinance 1.04.007, the duties and powers of
the chief of police, the chief of the fire department and the fire marshal
are hereby amended such that if the owner or person responsible for the
condition of a building or structure or premises, whether a resident or
nonresident of the city, fails to comply with the order of the chief of
police, the chief of the fire department and the fire marshal, to limit social
gatherings in compliance with this Declaration in or on the building or
structure or on the lot, tract or parcel of land or premises where such
health hazard exists, as directed by the chief of police, the chief of the
fire department and the fire marshal, the chief of police, the chief of the
fire department and the fire marshal may abate the use of nonresidential
buildings or structures, and to that end the chief of police, the chief of the
fire department and the fire marshal shall have authority to close said
nonresidential building or structure and to prevent its use or occupancy
until the order of the chief of police, the chief of the fire department and
the fire marshal has been complied with; and
20) Pursuant to Lubbock City Ordinance 1.04.010, it shall be unlawful for
any person willfully to obstruct, hinder or delay any member of the civil
defense organization in the enforcement of any rule or regulation issued
pursuant to this article or to do any act forbidden by any rule or regulation
issued pursuant to an emergency declaration; and
21) Pursuant to §418.173, failure to comply with an emergency management
plan or with a rule, order, or ordinance adopted under the plan is an
offense, punishable by a fine not to exceed $1,000; and
22) Peace officers, the Lubbock Police Department, the Lubbock Code
Enforcement Department, the Lubbock Environmental Health
Department, the Lubbock Health Department, and the Lubbock Fire
Marshall's Office, are hereby authorized to enforce this order; and
23) That should any paragraph, sentence, clause, phrase or word of this
Declaration be declared to be in conflict with the Governor's executive
order GA-21, or any subsequent executive order, or be declared to be
unconstitutional or invalid for any reason, the remainder of this
Declaration shall not be affected thereby; and
24) That this Declaration shall take effect at 12:01 a.m. on May 8, 2020, shall
supersede and supplant all prior Declarations, and shall continue through
May 13, 2020, subject to extension thereafter based on the status of
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COVID-19 in Texas and the recommendations of the Office of the
Governor and the Guidelines from the President and the CDC.
SO DECLARED and ORDERED on May 8 , 2020 at _ 1:00 P.M.
ATTEST:
CQZX--e-� A---"
Re ecca Garza,
City cretary
APPROVED AS TO CONTENT:
W. Jarr tt Atkinson,
City Manager
FOR THE CITY OF WBl$OCK. TEXAS:
DANIEL M. POPE, Mayor
-2020 (1.2) - Adopting GA-21.docx
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