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HomeMy WebLinkAboutR-3738-3-20 RESOLUTION NO.3738-3-20 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,CONTINUING THE DECLARATION OF DISASTER ISSUED BY THE MAYOR OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON MARCH 16,2020; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 16, 2020, the Mayor of the City of Allen, Collin County, Texas, declared a state of disaster for the City of Allen because of novel coronavirus, now designated SARS-CoV2 which causes the disease COVID-19, which has spread throughout the world and has now been declared a global pandemic by the World Health Organization;and a copy of the declaration is attached hereto.Pursuant to section 418.108(b) of the Texas Government Code,the declaration shall not be continued or renewed for a period of in excess of seven days except by or with the consent of the City Council; and, WHEREAS, on March 18, 2020,the Mayor of the City of Allen,Collin County,Texas, issued an emergency order for the City of Allen requiring that certain emergency measures regarding gatherings be restricted throughout the City of Allen in accordance with guidance issued by the Centers for Disease Control and Prevention(CDC); and, WHEREAS, prior emergency orders issued by the Mayor are continued in effect unless terminated by the Mayor,or superseded by more restrictive action by Collin County,Texas or the State of Texas,or modification or termination of emergency orders of the Disaster Declaration by action of the City Council; and, WHEREAS, on March 19, 2020, the Governor of Texas issued an Executive Order for the State of Texas, effective March 20, 2020, at 11:59 p.m.,ordering every person in Texas to avoid social gatherings to ten(10) people, and to avoid eating and drinking at restaurants,bars and food courts but allowing and encouraging the use of drive-thru, pickup or delivery options, avoiding gyms or massage parlors, prohibiting visits to nursing homes, retirement or long-term care facilities except to provide critical care, and ordering the temporary closures of schools until 11:59 p.m. on April 3,2020; and, WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Allen,Texas including the quarantine of individuals, groups of individuals,and property as well as compelling individuals, groups of individuals, or property to undergo additional health measures that prevent or control the spread of disease; and, WHEREAS, the City Council finds that it is appropriate and in the interests of the public health, safety, and welfare and would further protect property, for the City Council to extend the declaration of disaster until such time as the City Council terminates such declaration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF ALLEN, COLLIN COUNTY,TEXAS,THAT: SECTION 1. The City Council hereby confirms,determines,and declares that there is a local state of disaster in Allen, Texas, the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID-19 virus,including the likelihood of cases,requiring emergency action to avert danger or damage. SECTION 2. The City Manager is directed and authorized to continue coordination with internal and external partners and to direct City staff as appropriate and necessary to address the local disaster emergency. SECTION 3. The City Council directs the City Manager to implement steps for long term continuity of government services. SECTION 4. The City Council in accordance with the authority vested in governing body of the City of Allen,Texas,by Section 418.108 of the Texas Government Code,hereby renews and continues the declaration of disaster of March 16, 2020,until terminated by the City Council. SECTION 5. This Resolution shall be given prompt and general publicity and shall be filed promptly with the city secretary. SECTION 6. This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,ON THIS THE 19T"DAY OF MARCH 2020. APP VED: Stephen Ter ell, MAYOR ATTEST: Shelley B.George,CITY SECRE Y Resolution No. 3738-3-20 (R), Page 2 CITY OF ALLEN DECLARATION OF LOCAL DISASTER L FOR PUBLIC HEALTH EMERGENCY 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 caused death;and, WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout Collin County, including the quarantine of individuals, groups of individuals and property, and additionally, including compelling individuals,groups of individuals,or property to undergo additional health measures that prevent or control the spread of disease; and, WIIEREAS,Governor Greg Abbott has declared a state of disaster for all Counties in Texas. NOW,THEREFORE,BE IT PROCLAIMED BY TIIE MAYOR OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,THAT: SECTION 1. A local state of disaster for public health emergency is hereby declared for Allen, Texas, pursuant to section 418.108(a)of the Texas Government Code. SECTION 2. Pursuant to section 418.108(b)of the Texas Government Code,the state of disaster for public health emergency shall continue for a period of not more than seven (7) days from the date of this declaration unless continued or renewed by the City of Allen City Council. Ir SECTION 3. Pursuant to section 418.108(c)of the Texas Government Code, this declaration of a local state of disaster for public health emergency shall be given prompt and general publicity and shall be filed immediately with the City Secretary. SECTION 4. Pursuant to section 418.108(d)of the Texas Government Code,this declaration of a local state of disaster for public health emergency activates the City of Allen's Emergency Management Plan. SECTION 5. PROHIBITED GATHERINGS. Public or private Community Gatherings (as defined in Section 6 below)are prohibited anywhere in Allen, Texas. SECTION 6. DEFINITIONS. a. For purposes of these regulations, a "Community Gathering" is any indoor or outdoor event or convening, subject to the exceptions and clarifications below, that brings together or is likely to bring together two hundred and fifty(250)or more persons at the same time in a single room or other single confined or enclosed space,such as an auditorium,theater,stadium(indoor or outdoor),arena or event center, meeting hall, conference center, large cafeteria, or any other confined indoor or confined outdoor space. b. An outdoor"Community Gathering" under these regulations is limited to events in confined outdoor spaces, which means an outdoor space that: (i) is enclosed by a fence, physical barrier, or other structure;and, (ii) where people are present and are within arm's length of one another for extended periods. c. These regulations do not prohibit gatherings of people in multiple,separate enclosed spaces in a single building such as a multiplex movie theater, school or office tower, so long as two hundred and fifty (250)people arc not present in any single space at the same time.These regulations also do not prohibit the use of enclosed spaces where two hundred and fifty(250)or more people may be present at different times during the day,so long as two hundred and fifty(250)or more people are not present in the space at the same time. d. For purposes of clarity, a "Community Gathering" does not include the following so long as visitors are generally not within arm's length of one another for extended periods: (i) office spaces or residential buildings; (ii) grocery stores,shopping malls,or other retail establishments where large numbers of people are present,but it is unusual for them to be within arm's length of one another for extended periods; and, (iii) hospitals and medical facilities. SECTION 7. POSTING OF THESE REGULATIONS. The owner, manager, or operator of any facility that is likely to be impacted by these regulations shall post a copy of these regulations onsitc and visible to users of the facility and provide a copy to any user of the facility asking for a copy. SECTION 8. SEVERABILITY. If any subsection,sentence,clause,phrase,or word of these regulations or any application of them to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by decision of a court of competent jurisdiction,then such decision will not affect the validity of the remaining portions or applications of these regulations. SECTION 9. EFFECTIVE IMMEDIATELY. These regulations shall be effective immediately and continue until they are either rescinded,superseded,or amended or until they expire pursuant to applicable law. SECTION 10. SUSPENSION AND MODIFICATION OF ORDINANCES. IL, a. Any ordinances or regulations that would prevent temporary sheltering and housing by the City, State of Texas,or the Federal Government in response to the declared disaster are suspended or modified as necessary to make these regulations effective. b. Any ordinances or regulations that conflict with these regulations arc suspended or modified as necessary to make these regulations effective. c. Suspension or modification of the ordinances and regulations shall remain in effect until these regulations are terminated or until the public health emergency is terminated, whichever is sooner. SECTION 11. PENALTIES. a. These regulations shall have the effect of ordinances when duly filed with the City Secretary. b. A person who violates any provision of these regulations, upon conviction, is punishable by a fine of not less than Fifty Dollars ($50)and not more than Two Thousand Dollars ($2,000) for each offense. DECLARED this 16'1'day of March 2020. 1 E (7,47.2 Stcphe Terrell,Mayor City of Allen,Texas CITY OF ALLEN DECLARATION OF LOCAL DISASTER Page 2 FOR PUBLIC HEALTH EMERGENCY CITY OF ALLEN EMERGENCY ORDER 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 casts, the virus has caused death; and, WHEREAS,prudence dictates that extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Allen, 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, Governor Abbott and Collin County have declared a local disaster due to public health emergency;and, WHEREAS, by proclamation issued March 16, 2020, the Mayor declared a state of disaster for public health emergency and, WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Executive Order of the Governor Relating to Emergency Management; now, therefore, the following regulations shall take effect immediately upon issuance,and shall remain in effect until the state of disaster is terminated: 1. This emergency order hereby orders that a restaurant with or without drive-in or drive through services; drive-in restaurant; drive-through restaurant; or microbrewery, micro-distillery, or winery may only provide take out,delivery, or drive-in or drive-through services as allowed by law. 2. This emergency order hereby orders the closure of a bar, lounge,or tavern; theater; gym; and private club. 3. It is recommended that gatherings be restricted throughout the City of Allen in accordance with guidance issued by the Centers for Disease Control and Prevention(CDC). 4. This emergency order goes into effect at 11:00 p.m.on Thursday,March 19,2020. 5. A person who violates any provision of these regulations, upon conviction, is punishable by a fine of not less than Fifty Dollars($50)and not more than Two Thousand Dollars($2,000)for each offense. 6. This order is effective through April 1, 2020. APPROVED AND ADOPTED,this 18'11 day of March 2020. &nTerrclZ ?MAYOR