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Ordinance 2020-24r� L, ORDINANCE NO. 2020-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CONTINUING AND EXTENDING THE MAYOR'S AMENDED DECLARATION OF LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY DUE TO THE NOVEL CORONAVIRUS (COVID-19); PROVIDING THE CONSENT OF THE CITY COUNCIL TO THE CONTINUATION OF THE DECLARATION UNTIL 11:59 P.M. ON APRIL 3, 2020 PRESCRIBING ORDERS TO HELP ABATE THE PUBLIC HEALTH EMERGENCY; PROVIDING AUTHORITY FOR THE CITY COUNCIL TO TERMINATE THE DISASTER DECLARATION; AND PROVIDING AN ENFORCEMENT CLAUSE, SEVERABILITY CLAUSE ANDAN EFFECTIVE DATE. WHEREAS, in December 2019, a novel coronavirus, now designated SARS-Co V2 which causes the disease COVID-19, was detected in Wuhan, China; and WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a worldwide pandemic; and WHEREAS, COVID-19 spreads between people who are in close contact with one another through respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS, the identification of "community spread" cases of COVID-19 in the region could potentially signal that transmission of the virus may no longer be limited to travel to outbreak areas or contact with travelers who have visited outbreak areas, and WHEREAS, the Centers for Disease Control and Prevention (CDC) has advised that person -to -person contact heightens the risk of COVID-19 transmission; and WHEREAS, the President's Coronavirus Guidelines for America, as promulgated by President Donald J. Trump and the CDC on March 16, 2020, call upon Americans to slow the spread of COVID-19 by avoiding social gatherings in groups of more than 10 people, using drive- thru, pickup, or delivery options at restaurants and bars, and avoiding visitation at nursing homes, among other steps; and WHEREAS, on March 13, 2020, Texas Governor Greg Abbott declared a statewide public health disaster; and WHEREAS, on March 16, 2020, Collin County declared a local disaster for public health emergency and issued an accompanying order; and WHEREAS, on March 16, 2020, Mayor Eric Hogue issued a declaration of local disaster for public health emergency for the City of Wylie for a period of seven (7) days; and WHEREAS, on March 19, 2020, the Governor issued Executive Order GA 08, mandating the avoidance of social gatherings in groups of more than 10 people, the avoidance of eating or drinking at bars, restaurants, and food courts, or visiting gyms or massage parlors, the avoidance of visiting nursing homes or retirement or long-term care facilities unless to provide critical assistance, and closing schools throughout the State of Texas for a period of time; and WHEREAS, on March 19, 2020, Mayor Eric Hogue issued an amended declaration of local disaster for public health emergency, expanding the original declaration; and WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of widespread illness, which requires emergency action; and WHEREAS, the conditions necessitating declaration of local state of disaster continue to exist and are anticipated to continue to exist for at least sixty (60) days; and WHEREAS, Section 418.108(b) of the Texas Government Code provides that a declaration of local disaster may not be continued for a period of more than seven days without the consent of the governing body of the political subdivision; and WHEREAS, the City Council has determined that the declaration of local disaster, as amended, should be continued to help abate the public health threat. NOW. THEREFORE, BE IT ORDAINED, by the City Council of the City of Wylie, Texas: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Pursuant to Section 418.018 of the Government Code, the declaration of local disaster is hereby continued. Pursuant to Sections 121.003 and 122.006 of the Texas Health and Safety Code, Section 418.108 of the Texas Government Code, Chapter 81 of the Texas Health and Safety Code and such other powers the City of Wylie may have under the City Charter and other laws, the City Council hereby adopts and approves the orders specified in Exhibit "A," which shall apply throughout the City of Wylie and shall be in effect until 11:59 p.m. on April 3, 2020from the date of this Ordinance, provided, however, that the declaration may be terminated before the expiration on 11:59 p.m. on April 3, 2020 by subsequent order of the City Council, and may be continued or renewed beyond 11:59 p.m. on April 3, 2020 only with the consent of the City Council of the City of Wylie. ri SECTION 3. The City Council hereby finds that while in a state of disaster, there is a public purpose in maintaining the City workforce and ensuring continuity in staffing while continuing the City's services but recognizing that certain facilities and/or operations may need to be temporarily closed or suspended and/or certain personnel may encounter disaster -related events that prevent them from working at full capacity intermittently during the public health emergency. The City Council hereby authorizes the City Manager to make any staffing and compensation - related decisions necessary to adapt to the rapidly changing environment created by the public health emergency to meet the objectives stated herein and authorizes the expenditure of City funds to accommodate the same. Any expenditure of funds beyond that approved in the FY 19-20 budget must come to the City Council for ratification at a City Council meeting, though the expenditure may be made prior to City Council ratification due to the public health emergency. SECTION 4. The City Council hereby finds that for the duration of this disaster declaration, immediate procurement directly related to the disaster may be necessary to preserve and protect public health and safety. Accordingly, the City Council hereby authorizes the City Manager to purchase goods or services as necessary for ratification by the City Council at a later date as long as the procurement is in compliance with state law requirements. SECTION 5. The City Council hereby finds that a public necessity exists to authorize the City Council during the duration of this disaster to determine whether it is difficult for a quorum of the members of decision -making boards of the City to meet in person based on public health and safety concerns related to the pandemic. If such a determination is made, decision -making boards will be authorized to conduct their public meetings via telephone conference pursuant to Texas Government Code Section 551.125(b) and/or the Order of the Governor of the State of Texas temporarily suspending certain provisions of the Texas Open Meetings Act, guidance received from the Texas Attorney General's Office and/or other law or order. SECTION 6. The City Council hereby authorizes the City Manager to temporarily waive any City Code regulations that are difficult or impossible to comply with during the term of this declaration of disaster as long as it is not inconsistent with state law. SECTION 7. The City Council hereby finds and declares that this declaration authorizes the City to take any actions necessary to promote health and suppress disease, including quarantine, and fining those who do not comply with the City's rules, pursuant to Section 122.006 of the Texas Health and Safety Code. SECTION 8. The City Council hereby finds and declares that this declaration authorizes the use of all lawfully available enforcement measures. A failure to comply with the City's Emergency Management Plan, or a rule, order or ordinance adopted under the Plan, including this Ordinance, is punishable as authorized in Section 418.173 of the Texas Government Code. This local disaster declaration expressly incorporates Executive Order GA-08. In addition, a person who violates any provision of this declaration, upon conviction, is punishable by a fine of not more than $1,000 or 180 days in jail. A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. SECTION 9. Pursuant to Section 418.018(c) of the Government Code, the declaration shall be given prompt and general publicity and shall be filed promptly with the City Secretary. SECTION 10. All provisions of the Code of Ordinances of the City of Wylie, codified or uncodified, in conflict with the provisions of this Ordinance are hereby temporarily superseded by this Ordinance for the duration of this declaration. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 11. This Ordinance shall take effect immediately from and after its passage. This Declaration shall be effective until 11:59 p.m. on April 3, 2020, or until it is rescinded, either superseded, or amended pursuant to applicable law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ON THIS THE 22ND DAY OF MARCH 2020. Eric Hogue, Mafro ATT ST: Tina Link, Deputy i ecretary EXHIBIT "A" COVID-19 EMERGENCY PUBLIC HEALTH DECLARATION ORDERS FOR THE CITY OF WYLIE The following orders shall apply throughout the City of Wylie: 1. Pursuant to Texas Government Code §418.108(d), the City of Wylie Emergency Management Plan shall remain active through the duration of this disaster declaration. 2. Pursuant to Texas Government Code §418.020(d), the City of Wylie is authorized to: (1) temporarily or permanently acquire by lease, purchase, or other means sites required for installation of temporary housing units or emergency shelters for disaster victims; and (2) enter into arrangements necessary to prepare or equip the sites to use the housing units or shelters, including arrangements for the purchase of temporary housing units or shelters and the payment of transportation charges. 3. Pursuant to Section 122.006 of the Texas Health and Safety Code, the City of Wylie is authorized to adopt rules to protect the health of persons in the City of Wylie, including quarantine rules to protect its residents against communicable disease and provide for the establishment of quarantine stations, emergency hospitals, and other hospitals. 4. All public, private, and commercial labs within the City of Wylie are encouraged to report the number of COVID-19 tests conducted on a daily basis to the City of Wylie. 5. In accordance with the Guidelines from the President, the Governor and the CDC, every person in Wylie shall avoid social gatherings in groups of more than 10 people. 6. Public or private Recreational Gatherings and Community Gatherings are prohibited anywhere in the City of Wylie. 7. Restaurants with or without drive-in or drive -through services and microbreweries, micro - distilleries, or wineries may only provide take out, delivery, or drive -through services as allowed by law, 8. Bars, lounges, taverns, private clubs, arcades, bowling alleys, theaters, gyms, fitness centers, gymnastics or martial arts studios, massage parlors, nail salons, hair salons, barber shops, beauty salons, hair removal services, spas, tattoo and piercing parlors, and all other non -medical, personal care services that cannot be provided while maintaining appropriate social distance shall close. 9. All elective medical, surgical, and dental procedures are prohibited anywhere in the City of Wylie. Hospitals, ambulatory surgery centers, dental offices, and other medical facilities are directed to identify procedures that are deemed "elective" by assessing which procedures can be postponed or cancelled based on patient risk considering the emergency need for redirection of resources to COVID-19 response. 10. Nursing homes, retirement, and long-term care facilities are instructed by this Order to prohibit non -essential visitors from accessing their facilities unless to provide critical assistance or for end - of -life visitation. 11. In addition, the Office of the Mayor and the Collin County and Dallas County Departments of Health and Human Services ("Health Authority") strongly urge high -risk individuals to cancel, reschedule, and not attend all gatherings until further notice. These attached Recommendations are based on the social distancing practices attached to this Order as well as the "Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission" issued by the United States Centers for Disease Control and Prevention ("CDC"). The Office of the Mayor and the Health Authority urge people to not attend non -essential gatherings during the duration of this in Order to help slow down the spread of the COVID-19 virus. 12. Definitions: a. For purposes of this Order, 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 fifty (50) or more persons at the same time in a single room or other single confined or enclosed space, such as an auditorium, theatre, stadium (indoor or outdoor), arena or event center, meeting hall, conference center, large cafeteria, or any other confined indoor or confined outdoor space. An outdoor "Community Gathering" under this Order 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 they are within six feet of one another for extended periods. For clarity, community gatherings include, but are not limited to, weddings, religious services, funerals, and other gatherings. a. For the purposes of the Order, a "Recreational Gathering" is any indoor or outdoor event or convening that is primarily social or recreational in nature, subject to the exceptions and clarifications below, that brings together or is likely to bring together ten (10) or more persons at the same time in a single room or other single confined or enclosed space. For clarity, social gatherings include, but are not limited to, parties, backyard barbecues, social events, sporting events, and other gatherings. Private facilities, such as county clubs, may still operate their outdoor facilities, such as golf or tennis courts, but must limit indoor activities, such as their card rooms and similar amenities to 10 people or less. To the extent individuals are using shared outdoor spaces, such as public parks or trails, they must maintain at least six feet of space from any other person at all times. b. This Order does not prohibit gatherings of people in multiple, separate enclosed spaces in a single building such as school classrooms, residential buildings, or hotels, so long as 50 people are not present in any single space at the same time. This Order also does not prohibit the use of enclosed spaces where 50 or more people may be present at different times during the day, so long as 50 or more people are not present in the space at the same time. For example, residential buildings may continue to operate their common facilities, such as laundry facilities, so long as 50 or more people are not present at the same time. For any gathering covered by this subsection, the Office of Mayor and the Health Authority strongly encourage compliance with the attached Recommendations, including social distancing, providing hand sanitizer and tissues, and increasing cleaning of commonly and frequently touched services. c. This Order does not apply to the following critical facilities, so long as visitors are generally not within six feet of one another for extended periods: i. government buildings providing essential services; ii. schools or institutes of higher learning; iii. banks, financial institutions, and credit unions; iv. office buildings, so long as employers take all steps reasonably possible to implement social distancing protocols; v. grocery stores and pharmacies; and vi. hospitals and medical offices and facilities, including cafes and restaurants located within these facilities. For purposes of this Order, "grocery stores" includes warehouse stores, big -box stores, bodegas, gas stations, and farmers' markets that sell food products and household staples. In the settings described, the Office of Mayor and the Health Authority strongly encourage compliance with the attached Recommendations, including social distancing, providing hand sanitizer and tissues, and increasing cleaning of commonly and frequently touched services. 13. Our community's critical infrastructure, which includes communications, emergency services, energy, transportation systems, and water and wastewater systems, are instructed by this order to continue operating and encouraged to implement screening precautions to protect employees. 14. Grocery stores, supermarkets, warehouse stores, hospitals, and medical facilities are experiencing high levels of demand for a large number of products, requiring more deliveries from manufacturers and distribution centers to serve their customers. A number of Texas cities and local associations have implemented restrictions on delivery hours to stores to mitigate truck noise and traffic. Due to the need to deliver products as quickly and efficiently as possible during this critical timeframe, this Order hereby suspends all delivery hour restrictions for transport to or from any entity involved in the selling or distribution of food products, medicine, or medical supplies in City of Wylie for the next 60 days. 1. Due to increased demand for bath or toilet tissue resulting from stock up buying and individuals who purchase for resale, a mandatory limit on toilet paper sales is instituted until the supply chain meets the demand or two weeks, whichever comes first. All sales of bath or toilet tissue occurring in City of Wylie are limited to the greater of: (a) twelve (12) rolls per purchase or (b) one (1) package per purchase. 15. Due to the public health emergency, the Office of Mayor hereby advises the Dallas, Rockwall, and Collin County Justices of the Peace to suspend eviction hearings and writs of possession for at least the next 60 days to prevent renters from being displaced. 16. If someone in a household has tested positive for coronavirus, the household is ordered to isolate at home. Members of the household cannot go to work, school, or any other community function. 17. Public and private schools and institutions of higher education are instructed by this Order to provide a safety plan to City of Wylie Emergency Management 72 hours before students return to a classroom setting. 18. Additionally, the Office of Mayor and the Health Authority instructs all employees to remain at home if sick. Employees of private businesses and nonprofits with six or more employees in the City of Wylie can use their paid sick leave when they are sick or to care for sick family members. 19. The City of Wylie must promptly provide copies of this Order by posting on the City of Wylie website. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Order. 20. The City of Wylie will activate the Emergency Operations Center and will operate during normal business hours. 21. All Parks and Recreation facilities are closed. Parks and trails shall remain open. 22. The Smith Public Library is closed. 23. All City Board and Commission meetings, with the exception of Wylie City Council, Planning and Zoning and any other meeting required by law, will be postponed for the duration of this disaster declaration. 24. All youth sports leagues will be suspended. 25. All citizens are encouraged to watch City Council meetings online and submit comments of public interest, and on agenda items, by going to wylietexas.gov/boards and completing the Citizen Comment form. 26. The Office of the Mayor and the Health Authority strongly encourage compliance with the following Recommendations, including social distancing, providing hand sanitizer and tissues, and increasing cleaning of commonly and frequently touched services. This Order does not prohibit people from visiting a variety of places, including grocery stores, gas stations, parks, and banks, so long as the necessary precautions are maintained to reduce the transmission of COVID-19. This Order does not mandate sheltering in place. All critical infrastructure will remain operational, domestic travel will remain unrestricted, and government entities and businesses will continue providing essential services. For offices and workplaces that remain open, employees should practice good hygiene and, where feasible, work from home in order to achieve optimum isolation from COVID-19. The more that people reduce their public contact, the sooner COVID-19 will be contained and the sooner this Order will expire. City of Wylie Social Distancing Recommendations 1) Vulnerable Populations: Limit Outings • Vulnerable populations include people who are: o 60 years old and older. o People with certain health conditions such as heart disease, lung disease, diabetes, kidney disease and weakened immune systems. • For vulnerable populations, don't go to gatherings unless it is essential. If you can telecommute, you should. Avoid people who are sick. 2) Workplace and Businesses: Minimize Exposure • Suspend nonessential employee travel. • Minimize the number of employees working within six feet of one another, including minimizing or canceling large in -person meetings and conferences. • Urge employees to stay home when they are sick and maximize flexibility in sick leave benefits. • Do not require a doctor's note for employees who are sick. • Consider use of telecommuting options. • Some people need to be at work to provide essential services of great benefit to the community. They can take steps in their workplace to minimize risk. 3) Cancel Non -essential Events • Cancel non -essential events. • Do not attend any events or gatherings if sick. • For events that aren't cancelled, we recommend: o Having hand washing capabilities, hand sanitizers and tissues available. o Frequently cleaning high touch surface areas like counter tops and hand rails. o Finding ways to create physical space to minimize close contact as much as possible. 4) Schools: Safety First • Do not have your child attend school if sick. • If you have a child with chronic health conditions, consult the child's doctor about school attendance. • Schools should equip all classrooms with hand sanitizers and tissues. • Recommend rescheduling or cancelling events that are not essential. • Explore remote teaching and online options to continue learning. • Schools should develop a plan for citywide school closures, and families should prepare for potential closures. 5) Transit: Cleaning and Protection • Increase cleaning of vehicles and high touch surface areas. • Provide hand washing/hand sanitizers and tissues in stations and on vehicles. 6) Health Care Settings: Avoid as possible, protect the vulnerable • Long-term care facilities should have a COVID-19 plan in accordance with CDC or state guidelines. • Long-term care facilities should restrict all visitation except for certain compassionate care situations, such as end of life situations. • The general public should avoid going to medical settings such as hospitals, nursing homes and long-term care facilities, even if you are not ill. • If you are ill, call your health care provider ahead of time, and you may be able to be served by phone. • Do not visit emergency rooms unless it is essential. • Follow guidance and directions of all facilities. 7) Everyone: Do your part The best way for all City of Wylie residents to reduce their risk of getting sick, as with seasonal colds or the flu, still applies to prevent COVID-19: • Wash hands with soap and water for at least 20 seconds. • Cough or sneeze into your elbow or a tissue. Throw the tissue in the trash. • Stay home if you are sick. • Avoid touching your face. • Try alternatives to shaking hands, like an elbow bump or wave. • If you have recently returned from a country, state or region with ongoing COVID-19 infections, monitor your health and follow the instructions of public health officials and CDC guidance. • There is no recommendation to wear masks at this time to prevent yourself from getting sick. You can also prepare for the possible disruption caused by an outbreak. Preparedness actions include: • Prepare to work from home if that is possible for your job, and your employer. • Make sure you have a supply of all essential medications for your family. • Prepare a child care plan if you or a caregiver are sick. • Make arrangements about how your family will manage a school closure. • Plan for how you can care for a sick family member without getting sick yourself. • Take care of each other and check in by phone with friends, family and neighbors that are vulnerable to serious illness or death if they get COVID-19. • Keep common spaces clean to help maintain a healthy environment for you and others. Frequently touched surfaces should be cleaned regularly with disinfecting sprays, wipes or common household cleaning products. 1'11c 111rn] 1111 I Mil", t11111: ?l.m tr;r • [ rir,, . 1, ;i 11. ralr; •., i pit Ve; 1' r, media STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice — Ordinance No. 2020-24 was published in said newspaper on the following date(s), to -wit: March 25, 2020. Chad Engbrock, Publisher Subscribed and sworn before me on this, the 26th day of March, 2020 to certify which witness my hand and seal of office. ,1:414�/i/, SONIA A. DUGGAN zI`•�•1 e� Notary Public, State of Texas �•..V / Comm. Expires 08-18-2020 'Vit.81X�N‘'� Notary ID 130783749 r y1Pit 1,,>r. 'Ho,' t tc Notary Public n •� a The State of Texas My commission expires 08/18/2020 IMTATCE; NO. 2020-24 An Ordinance of he City Council of the City of Wylie, Texas, continuing and ' ex- tending the Mayor's amended Declaration of Local Disaster for Public Health Emer- ency due to the novel' Coronavirus (CO_ VID-19); providing the consent of the City Council to the continu- ation of the Declara- tion until 11:59 p.m. on April 3, 2020 pre- scribing Orders to help abate' the Public Health Emergency; providing authority for the City Council to terminate' the Disaster Declara- tion; and providing an enforcement clause, severability clause and an effective date.