HomeMy WebLinkAboutResolution - 2020-R0437 - Continuing and Confirming the Mayor's Declaration of DisasterResolution No. 2020-RO437
Item No. 8.1
December 15, 2020
RESOLUTION CONFIRMING AND CONTINUING THE MAYOR'S
ELEVENTH 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, it is critical for the City of Lubbock 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 and continuing a state of disaster will facilitate and expedite the
use and deployment of resources to enhance preparedness and response; 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, as businesses begin to reopen, it is appropriate for the City of Lubbock to
focus its efforts on education and voluntary measures to respond to mitigate the spread
of the disease and preserve and protect public health; and
WHEREAS, the City of Lubbock should continue to monitor the local spread of
COVID-19 and respond to any concentrations of infection; and
WHEREAS, the Mayor has issued an Eleventh 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 Eleventh 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;
WHEREAS, the Mayor's Eleventh Declaration of Disaster expires on December 31,
2020; 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 Eleventh 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 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 until June 30, 2021; 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 15th day of December, 2020.
FOR THE CITY OF LUBBOCK, TEXAS:
Daniel M. Pope, Mayor
ATTEST:
0
Re ec a Garza,
City Secretary
APPROVED AS TO CONTENT:
W. Jarr6tt Atkinson, f
City Manager
APPRO
John
Assi:
S: •cityatt',CITYAMOHN\Emergency Planning and Operations\Corona Virus COVID19 2020\Resolution Continuing
the IIth Declaration of Disaster (I.l).docx
ELEVENTH DECLARATION OF DISASTER
(COVID- t 9)
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 'lexas
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
WI IERFAS, on March 16, 2020, the Mayor issued the first of several Declarations
of Disaster; and
W1IEREAS, 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
WIIE'REAS, it is critical for the City of Lubbock 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 and continuing a state of disaster will facilitate and
expedite the use and deployment of resources to enhance preparedness and
response; and
WI IERFAS, on April 27, 2020, the Governor announced Phase I of the plan to
reopen Texas, accompanied by Texans Helping Texcins: The Governor's Reporl to
Open Texas, a detailed report, available on the Governor's Strike Force to Open
Texas websitc, intended to help Texans understand Phase I by outlining the new
protocols, guidance, and recommendations; and
WI IEREAS, on May 18, 2020, the Governor announced Phase II of the ongoing
plan to open additional businesses and activities in Texas, expanding upon the
businesses and activities included in the first phase of the plan to Open Texas while
minimizing the spread of COVID-19. All newly opened businesses and services
are subject to the recommended minimum standard health protocols outlined by
DSI IS; 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, as businesses begin to reopen, it is appropriate for the City of
Lubbock to focus its efforts on education and voluntary measures to respond to
mitigate the spread of the disease and preserve and protect public health; and
WHEREAS, the City of Lubbock should continue to monitor the local spread of
COVID-19 and respond to any concentrations of infection; and
WI IEREAS, the City of Lubbock has seen an increase in the number of persons
testing positive for the COVID-19 virus; and
WIIEREAS, the governor's executive order GA-28 provides that no civil or
criminal penalty may be imposed on individuals for failure to wear a face covering;
and
NOW, TIIER1:FORE, BE IT PROCLAIMED BY THE MAYOR OF -1'14E CITY
OF LUBBOCK, TEXAS that:
I) COVID-19 continues to pose an imminent threat of disaster to the City
of Lubbock; and
2) Pursuant to §418.108(a) ofthe 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
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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 & Salbty 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 sai'eguard public health and safety.
VOLUNTARY LUBBOCKSAFE! PROGRAM
11) The voluntary Lubbock Safe! Guidelines (available for review on the City
of Lubbock website at: https://ci.lubbock.tx.us/lubbocksate) 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
12) The Mayor, or his designee, may amend the Lubbock Safi,! 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.
ADDI'I'IONAL REQUIREMENTS
13) 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
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extension of the Declaration by the City Council of the City of Lubbock;
and
14) Subject to the guidance set forth in the Governor's executive orders, the
Lubbock IIealth Department may require additional occupancy,
sanitation, signage, and social distancing practices for any business
which remains open; and
15) 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; and
16) All commercial entities in the City of Lubbock providing goods or
services directly to the public must develop and implement a health and
safety policy ("Health and Safety Policy"). The Health and Safety Policy
must require, at a minimum, that all employees wear face coverings when
in an area or performing an activity which will necessarily involve close
contact or proximity to co-workers or the public where six feet of
separation is not feasible.
While a commercial entity may develop and implement its own Health
and Safety Policy, adoption and implementation of the Lubbock Scrje!
guidelines, applicable to the type of commercial entity involved, and with
the required face covering provisions for employees, will satisfy the
requirement that the commercial entity develop and implement a Health
and Safety Policy.
The I lealth and Safety Policy required to be developed and implemented
by this Disaster Declaration may also include the implementation of
other mitigating measures designed to control and reduce the
transmission of COVID-19 such as temperature checks or health
screenings. Commercial entities must post the Health and Safety Policy
required by this Disaster Declaration in a conspicuous location sufficient
to provide notice to employees and visitors of all health and safety
requirements.
Consistent with the governor's executive order GA-28, no civil or
criminal penalty will be imposed for failure to wear a face covering; and
17) For any outdoor gathering estimated to be in excess of 100 people, other
than those set forth in paragraph numbers 1, 2, or 4 of Governor Abbott's
executive order GA-28, adopted June 26, 2020, the gathering is
prohibited unless approved by the Mayor. Such approval can be made
subject to certain conditions or restrictions not inconsistent with the
governor's executive orders.
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18) Other than the exceptions specifically provided in the executive orders
of Governor Greg Abbott, individuals at outdoor events where social
distancing is not feasible and where it is estimated that 100 people or
more are present, are required to wear lace coverings.
19) Individuals visiting City facilities or events at City facilities are required
to wear face coverings. This provision applies equally to City employees
and volunteers as well as to visitors to City facilities and events.
20) The requirement of a face covering applies only when in an area or
performing an activity which will necessarily involve close contact or
proximity to other people where at least six fleet of separation is not
feasible, but does not apply if covering the nose and mouth poses a
significant mental or physical health risk to the individual or when
wearing a face covering is impractical due to the immediate
circumstances.
21) Face coverings may include homemade masks, scarfs, bandanas, or a
handkerchief. Face coverings must be worn to simultaneously cover the
nose and mouth.
ENFORCEMENT
22) 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
23) 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
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24) 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
25) 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 line not to exceed $1,000; however, this
provision does not apply to any requirement to wear face coverings; and
26) 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
27) 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
28) That this Declaration shall take effect at 12:01 a.m. on June 29, 2020,
shall supersede and supplant all prior Declarations. The provisions set
forth in paragraphs 16, 18, and 19 shall continue through July 28, 2020,
with all other provisions continuing through December 31, 2020, subject
to the consent and approval of the City Council, and any extension
thereafter based on the status of COV1D-19 in Texas and the
recommendations of the Office of the Governor and the Guidelines from
the President and the CDC.
* S
SO DECI.ARED and ORDERED on June 26, 2020 atf-3 4 P.M.
FOR' HE CIT OF .UBBOCK, TEXAS:
DANIEL M. POPE, ayor
ATTEST:
Reb cca Garza,
City Smiretary
APPROVED AS TO CONTENT:
W. Ja ett Atkinson,
City Manager
G
APPROV
John
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