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Ordinance 2020-26ORDINANCE NO. 2020-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NOS. 2020-24 AND 2020-25 AND 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 30, 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 AND AN 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 COVTD-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 Ordinance No. 2020-26 — Amended Ordinance Nos. 2020-24 and 2020-25 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, on March 22, 2020, the City Council adopted Ordinance No. 2020-24, which continued and extended the Mayor's amended declaration of local disaster for public health emergency to help abate the public health threat resulting from the COVID-19 pandemic; and WHEREAS, on March 27, 2020, the City Council adopted Ordinance No. 2020-25, which amended Section 8 (Enforcement Clause) of Ordinance No. 2020-24; and WHEREAS, on March 31, 2020, the Governor issued Executive Order No. GA 14 relating to statewide continuity of essential services and activities during the COVID-19 disaster; 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 at least until April 30, 2020; and WHEREAS, since March 27, 2020, the City Council and City staff have continued to evaluate the community spread of COVED-19 and have reviewed updated guidance and orders from the United States President, the CDC, the Governor of the State of Texas, Collin County Judge, Dallas County, Rockwall County and others, and the City Council has concluded that it is necessary to amend Ordinance Nos. 2020-24 and 2020-25 to extend the duration of the orders and regulations set forth in such Ordinances; and WHEREAS, the City Council finds that it is in the best interest of the City of Wylie, Texas, and its citizens to amend Ordinance Nos. 2020-24 and 2020-25 as set forth below to help abate the public health threat and to promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Wylie, Texas: Ordinance No. 2020-26 — Amended Ordinance Nos. 2020-24 and 2020-25 SECTION I. 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 this Ordinance, which shall apply throughout the City of Wylie and shall be in effect from the date of this Ordinance until 11:59 p.m. on April 30, 2020, provided, however, that the declaration and such orders may be terminated before the expiration on 11:59 p.m. on April 30, 2020 by subsequent order of the City Council, and may be continued or renewed beyond 11:59 p.m. on April 30, 2020 only with the consent of the City Council of the City of Wylie. 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 fmds that a public necessity exists 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. The City Council authorizes any member of Council, staff, and decision -making boards who is sick, or unable to attend the meeting in person, 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 Ordinance No. 2020-26 — Amended Ordinance Nos. 2020-24 and 2020-25 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. 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. 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 Ordinance incorporates Executive Order GA 14, as it exists or may be amended and any successor order thereto. in addition, a person who violates any provision of this declaration, upon conviction, is punishable by a fine of not more than $1,000. 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. 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. SECTION 11. The City of Wylie will activate the Emergency Operations Center and will operate during normal business hours through the duration of this Ordinance. SECTION 12. Pursuant to Texas Govermnent Code Section 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. SECTION 13. In accordance with guidance from DSHS Commissioner Dr. Hellerstedt, and to achieve the goals established by the President to reduce the spread of COVD-19, every person in Texas shall, except where necessary to provide or obtain essential services, minimize social gatherings and minimize in -person contact with people who are not in the same household. Ordinance No. 2020-26 — Amended Ordinance Nos. 2020-24 and 2020-25 SECTION 14. "Essential services" shall consist of everything listed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0, as it exists or may be amended and any successor version thereto, plus religious services conducted in churches, congregations, and houses of worship. Other essential services may be added to this list with the approval of the Texas Division of Emergency Management (TDEM). SECTION 15. This Ordinance does not prohibit people from accessing essential services or engaging in essential daily activities, such as going to the grocery store or gas station, providing or obtaining other essential services, visiting parks, hunting or fishing, or engaging in physical activity like jogging or bicycling, so long as the necessary precautions are maintained to reduce the transmission of COVID-19 and to minimi7e in -person contact with people who are not in the same household. SECTION 16. In providing or obtaining essential services, people and businesses should follow the Guidelines from the President and the CDC by practicing good hygiene, environmental cleanliness, and sanitation, implementing social distancing, and working from home if possible. In particular, all services should be provided through remote telework from home unless they are essential services that cannot be provided through remote telework. SECTION 17. In accordance with guidance from the White House, Centers for Disease Control and Prevention ("CDC"), and Texas Department of State Health Services ("Texas DSHS"), providers of essential services must follow certain mitigation strategies to slow the spread of the virus. SECTION 18. If religious services cannot be conducted from home or through remote services, they should be conducted consistent with the Guidelines from the President and the CDC by practicing good hygiene, environmental cleanliness, and sanitation, and by implementing social distancing to prevent the spread of COVID-19. SECTION 19. In accordance with the Guidelines from the President and the CDC, people shall avoid eating or drinking at bars, restaurants, food courts or restaurant patios, or visiting gyms, massage establishments, tattoo studios, piercing studios, or cosmetology salons; provided, however, that the use of drive-thru, pickup, or delivery options for food and drinks is allowed and highly encouraged throughout the limited duration of this Ordinance. SECTION 20. In accordance with the Guidelines from the President and the CDC, people shall not visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities unless to provide critical assistance as determined through guidance from the Texas Health and Human Services Commission. Ordinance No. 2020-26 — Amended Ordinance Nos. 2020-24 and 2020-25 SECTION 21. In accordance with the Guidelines from the President and the CDC, schools shall remain temporarily closed to in -person classroom attendance and shall not recommence before May 4, 2020. SECTION 22. In accordance with Governor Abbott's Executive Order GA 09, 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. PROVIDED, however, that this prohibition shall not apply to any procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete the hospital capacity or the personal protective equipment needed to cope with the COVID-19 disaster. SECTION 23. 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 time frame, 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 30 days. SECTION 24. 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 April 30, 2020. 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. SECTION 25. 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. SECTION 26. All employees shall remain at home if sick. SECTION 27. All Parks facilities and Recreation facilities are closed. Parks and trails shall remain open. SECTION 28. The Smith Public Library is closed. SECTION 29. 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. Ordinance No. 2020-26 — Amended Ordinance Nos. 2020-24 and 2020-25 SECTION 30. All youth sports leagues will be suspended. SECTION 31. Childcare facilities providing services or community service providers offering childcare services that enable employees exempted in this Order may operate under the following mandatory conditions: i. Childcare must be carried out in stable groups of 10 or fewer. ii. Children shall not change from one group to another. iii. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other. iv. Childcare providers shall remain solely with one group of children. SECTION 32. The City Council strongly encourages compliance with the following Recommendations, including social distancing, providing hand sanitizer and tissues, and increasing cleaning of commonly and frequently touched services. This Ordinance 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 Ordinance will expire. SECTION 33. The City of Wylie must promptly provide copies of this Ordinance by posting on the City of Wylie website. If any subsection, sentence, clause, phrase, or word of this Ordinance 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 Ordinance. SECTION 34. 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 35. Ordinance Nos. 2020-24 and 2020-25 shall remain in full force and effect, save and except as amended by this or any other Ordinance All provisions of any Ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, Ordinance No. 2020-26 — Amended Ordinance Nos. 2020-24 and 2020-25 nor shall the repeal prevent a prosecution from being commenced for any violation if occ prior to the repeal of the Ordinance. Any remaining portions of said Ordinances shall remain in full force and effect. • SECTION 36. This Ordinance shall e effect if • ediately from and after its passage. This Ordinance shall be effective until 11:59 p.m. on April 30, 2020, or ail it is either rescinded, superseded, or ended purs : it to applicable law. D Y PASSED TE S. ON T ATTEST: . e Stephanie Storm, City Secretary PRO D BY T 2ND DAY OF CI CO C 2020. Eric Hogue, May r OFT CI OF Ordinance No. 2020-26 — 11 ended Ordinance Nos. 2020-24 and 2020-25 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, Businesses and Construction: 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. • For purposes of this Ordinance, "grocery stores" includes warehouse stores, big -box stores, bodegas, gas stations, and farmers' markets that sell food products and household staples. o "Grocery stores" must attempt to limit their occupancy loading to one (1) person per 1,000 square feet. • Construction for public works, residential, commercial, and schools. Protecting construction workers from the spread of COVID-19 is extremely important for their safety and for public health, all construction sites should follow the COVID-19 Safety Recommendations issued by the Construction Industry Safety Coalition, including, but not limited to, the following: o All workers and contractors (hereafter referred to as "workers") must take their temperature at their residence. If a worker has a temperature above 99.6 degrees Fahrenheit, then they are prohibited from going to work and must remain at their residence; o To the greatest extent possible, implement a system whereby supervisors must check the temperature of all workers and contractors with a forehead thermometer before the worker begins work. If a worker or contractor has a temperature above 99.6 degrees Fahrenheit, then they are to be sent home immediately; o To the greatest extent possible, limit crossover of subcontractors; o Gatherings during meals or breaks are prohibited; o Workers must keep a 6-foot distance between people at all times, unless the work being performed requires multiple individuals for the safety of the workers; Ordinance No. 2020-26 — Amended Ordinance Nos. 2020-24 and 2020-25 o Workers must not use a common water cooler. Employers shall provide individual water bottles or instruct workers to bring their own; o Employers must allow non -essential personnel to work from home when possible; o Employers must provide soap and water and hand sanitizer in the workplace, including all restrooms. Ensure that adequate supplies are maintained; o Employers must provide one (1) working flushing toilet for every fifteen (15) workers on site or one (1) outdoor portable toilet for every 10 workers on site; o There shall be no adverse action taken against an employee who has been quarantined, or advised to self -quarantine, due to possible exposure to coronavirus; and o Employers must designate a COVID-19 safety monitor on each site who has the authority to enforce these rules; A general contractor and non -compliant subcontractor can be removed from the essential business list. 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. Ordinance No. 2020-26 — Amended Ordinance Nos. 2020-24 and 2020-25 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. Ordinance No. 2020-26 Amended Ordinance Nos. 2020-24 and 2020-25 The Farmer.sville Times • ;tiMurphy Monitor • The Princeton Herald Nc STATE OF TEXAS COUNTY OF COLLIN • THE WYLIE NEWS 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. 2020-26 was published in said newspaper on the following date(s), to -wit: April 8, 2020. Chad Engbrock. Publisher Subscribed and sworn before me on this, the 9th day of April, 2020 to certify which witness my hand and seal of office. WPUki SONIA A. DUGGAN _2; _Notary Public, State of Texas zN • Comm. Expires 08-18-2020 4,,t„oNotary ID 130783749 4/afl Notary Public i : or The State of Texas My commission expires 08/18/2020 Murphr,'SachseiAV'rlic 011ice • I It) N Halloo • 1'U 1?o, :nr>. t� li, I'•t I-'arn ersv'illcr'Princeton Office • 101 S, Main • 1' ( Kos ;12 • 1 1 ' 42 • CITY OF W 'LIE Ordinance, No. 2020-26 An ordinance of the city council of the city ; of Wylie, Texas, amending Ordinance Nos. 2020-24 and 2020-25 and continu- ing and extending the mayor's amended dec- laration of local disas- ter for public health emergency due to the novel coronavirus (covid-19); providing the consent of the city council to the continu- ation of the declara- tion until 11:59 p.m. on April 30, 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.