HomeMy WebLinkAboutOrd 848-2020 Extenting Covid-19 Declaration of Disaster and Public Health EmergencyCITY OF ANNA, TEXAS
ORDINANCE NO. g L/ g' -J_OfH}
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS EXTENDING
COVID-19 DECLARATION OF DISASTER AND PUBLIC HEALTH EMERGENCY;
PROVIDING A PENALTY FOR VIOLATION OF TIDS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, in December 2019 a novel coronavirus, now designated COVID-19, was detected in Wuhan
City, Hubei Province, China. Symptoms ofCOVID-19 include fever, cough, and shortness of breath.
Outcomes have ranged from mild to severe illness, and in some cases death; and
WHEREAS, on January 30, 2020, the World Health Organization Director General declared the outbreak
of COVID-19 as a Public Health Emergency of International Concern (PHEIC), advising countries to
prepare for the containment, detection, isolation and case management, contact tracing and prevention of
onward spread of the disease; and
WHEREAS, United States nationals were transported from Wuhan City, China to several secure
locations within the United States identified by the Centers for Disease Control and Prevention (CDC),
including military bases in Texas, in order to ensure the health and wellbeing of those persons; and
WHEREAS, on February 7, 2020, 91 Americans evacuated from Wuhan City, China (Cohort 1) arrived
at Texas military bases, with one person diagnosed with the virus and transported to a Texas hospital; and
WHEREAS, on February 17, 2020, the Centers for Disease Control evacuated 144 passengers from a
cruise ship docked in Japan (Cohort 2) to a Texas military base; and
WHEREAS, on February 20, 2020, 90 evacuees from Cohort 1 were released from quarantine and
returned to their homes; and
WHEREAS, persons in Cohort 2 that have not exhibited symptoms or have tested negative for the virus
were originally set to be released from quarantine at a Texas military base on March 2, 2020; and
WHEREAS, as of March 2, 2020 ten (10) persons evacuated to a Texas military hospitals have tested
positive for the virus and it is anticipated that the number of persons diagnosed with the virus Is likely to
increase, as testing for the virus continues; and
WHEREAS, on Saturday, February 29, 2020, one of the persons in Cohort 1 who had tested positive for
COVID-19 and subsequently tested negative on two tests was released from quarantine in Texas.
However, this person tested positive for the virus on a third test, with results coming in after her release.
This person visited a San Antonio mall, ate at its food court, and spent a few hours among other persons,
potentially exposing the public to the virus; and
WHEREAS, the person has been returned to quarantine at a Texas military base near San Antonio while
the CDC and local health authorities are taking steps to ensure the community is kept safe and the
exposure risk is minimized; and
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WHEREAS, the identification of "community spread" cases of COVID-19 in the United States has
occurred and the virus is no longer limited to travel to China, or contact with travelers who have visited
China; and
WHEREAS, the World Health Organization has declared the coronavirus a pandemic and urged
aggressive action from all countries to fight it; and
WHEREAS, as of March 13, 2020, United States President Donald Trump declared a national
emergency concerning the COVID-19 outbreak; and
WHEREAS, as of March 13, 2020, Governor Greg Abbott declared a state of disaster for Texas over the
coronavirus pandemic; and
WHEREAS, as of March 13, 2020, Dallas County declared a state of local emergency due to the
COVID-19 pandemic; and
WHEREAS, as of March 16, 2020, County Judge Chris Hill issued a disaster declaration for Collin
County, Texas; and
WHEREAS, as of March 18, 2020, the City has reported its first confirmed case positive case of
COVID-19 infecting a 54-year-old man; and
WHEREAS, pursuant to the Texas Disaster Act of 1975, the mayor is designated as the emergency
management director of the City of Anna, and may exercise the powers granted to the governor on an
appropriate local scale; and
WHEREAS, a declaration of local disaster and public health emergency includes the ability to reduce the
possibility of exposure to disease, control the risk, promote health, compel persons to undergo additional
health measures that prevent or control the spread of disease, including isolation, surveillance, quarantine,
or placement of persons under public health observation, including the provision of temporary housing or
emergency shelters for persons misplaced or evacuated and request assistance from the governor of state
resources; and
WHEREAS, by a Declaration of Disaster and Public Health Emergency, the Mayor may declare all rules
and regulations that may inhibit or prevent prompt response to this threat suspended for the duration of
the incident; and
WHEREAS, pursuant to the authority granted under the Texas Disaster Act of 1975, the Mayor
authorized the use of all available resources of state government and political subdivisions to assist in the
City's response to this situation; and
WHEREAS, on the 17th day of March, 2020, the Mayor determined that extraordinary and immediate
measures must be taken to respond quickly, prevent and alleviate the suffering of people exposed to and
those infected with the virus, as well as those that could potentially be infected or impacted by COVID-
19, and issued a proclamation declaring a disaster for the City of Anna;
WHEREAS, the conditions necessitating declaration of a state of disaster continue to exist, and the time
at which they may abate cannot be predicted at this time; and
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WHEREAS, §418.108(b) of the Texas Government Code provides that a local state of disaster may not
be continued for a period of excess of seven days without the consent of the governing body of the
political subdivision; and
WHEREAS, the City Council of Anna has investigated and determined that good governance of the
municipality and the protection of the public health, safety, and welfare necessitates the continuation and
renewal of the Mayor's declaration of a local state of disaster;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCD.., OF THE CITY OF ANNA:
1. Pursuant to §418.108(a)-(b) of the Texas Government Code, the local state of disaster proclaimed
for the City of Anna by the Mayor on the 17th day of March 2020 ("Declaration") shall continue
until terminated by order of the City Council.
2. Pursuant to §418.108(c) of the Government Code, the continuation of the Declaration of a local
state of disaster and public health emergency shall be given prompt and general publicity and
shall be filed promptly with the City Secretary.
3. Pursuant to §418.108( d) of the Government Code, the Declaration of a local state of disaster and
public health emergency activates the City of Anna's emergency management plan.
4 . Pursuant to §418.020(d) of the Government Code, the Declaration authorizes the City to
commandeer or use any private property, temporarily acquire, by lease or other means, sites
required for temporary housing units or emergency shelters for evacuees, subject to compensation
requirements.
5. Pursuant to§ 122.006 of the Health and Safety Code, the Declaration authorizes the City to take
any actions necessary to promote health and suppress disease, including quarantine, examining
and regulating hospitals, regulating ingress and egress from the City, and fining those who do not
comply with the City's rules.
6. Pursuant to the statutory authority cited above, the City Council declares that ingress into and
travel through the City of Anna from any persons that have been quarantined in a facility for
treatment of COVID-19 is not permitted without the written permission of the Mayor. No
previously quarantined person shall be permitted to enter the City of Anna until further notice.
Any persons in the City confirmed to be infected with the COVID-19 virus must be treated in a
medical facility or self-quarantine in their home. The household members of any such infected
persons who have been exposed to the infected person must self-quarantine in their home.
7. Consistent with guidance from Collin County and the Centers for Disease Control and
Prevention, this declaration hereby limits the size of gatherings to not more than 10 people, and
no such gatherings shall be held in any area subject to regulation by the City of Anna until further
notice . A "gathering" refers generally to a scheduled event or common endeavor where more than
10 persons are present in a confmed space or area.
8. The Mayor may take additional appropriate and legal actions and/or delegate to City officers
authority to take appropriate and legal actions to protect the public health and safety in response
to the COVID-19 virus pandemic including but not limited to:
a. closing or restricting access to city facilities;
b. revising occupant load numbers for city public facilities;
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c. revising, suspending or deferring fees;
d. amending the personnel policies and procedures with regard to leave provisions for
quarantined/diagnosed staff, and other personnel matters;
e. rescheduling or reducing City Council and other public meetings; and
f. suspending or modifying any City-adopted rules or regulations.
9. The Governor of the State of Texas has issued executive orders including the following, which
are incorporated herein by reference as mandatory provisions:
a. Order No. 1: In accordance with the Guidelines from the President and the CDC, every
person in Texas shall avoid social gatherings in groups of more than 10 people.
b. Order No. 2: In accordance with the Guidelines from the President and the CDC, people
shall avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms or
massage parlors; provided, however, that the use of drive-thru, pickup, or delivery
options is allowed and highly encouraged throughout the limited duration of this
executive order.
c. Order No. 3: In accordance with the Guidelines from the President and the CDC, people
shall not visit nursing homes or retirement or long-term care facilities unless to provide
critical assistance.
d. Order No. 4: In accordance with the Guidelines from the President and the CDC, schools
shall temporarily close.
10. In the event that the Governor of the State of Texas, the Collin County Judge, the Collin County
Commissioners Court, or the Collin County Health Authority (collectively, "Ordering Authority")
issues or promulgates any additional proclamations, executive orders, or other orders or measures
regarding the novel coronavirus (COVID-19) or matters relating thereto (collectively "COVID-19
Orders"), those COVID-19 Orders shall be deemed to have been approved and adopted by the
City Council as if set forth verbatim herein and shall respectively take effect and be enforceable
as of the effective dates and/or times established by any such Ordering Authority and the City
may enforce such COVID-19 Orders through any and all lawful means.
11. This ordinance is passed as an emergency measure and this declaration of disaster and public
health emergency shall expire and cease as of April 14, 2020 at midnight unless extended further
by the City Council; provided, however, that if the declaration of disaster of the Governor of the
State of Texas regarding the COVID-19 outbreak expires before April, 14, 2020 at midnight then
this ordinance and declaration shall expire simultaneously with the Governor's declaration.
12 . Penalty. Any person violating any of the provisions or terms of this ordinance shall be deemed
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed the sum
of $1,000.00 or a lesser amount iflimited by state law for each offense, and each and every day
such violation shall continue be deemed to constitute a separate offense. Allegation and evidence
of a culpable mental state is not required for proof of any offense defined by this ordinance.
13. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the
provisions of this ordinance are repealed to the extent of that conflict. Cross-references in other
parts, articles or sections of the Anna Code which make reference to previous enactments
carrying the same designation as any section amended by this ordinance shall be construed as
referencing whichever currently effective provision best preserves the original intent and effect of
the cross-reference. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the same
as if such invalid or unconstitutional provision had never been a part hereof. The City declares
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ORD. NO. 2'-{g-;io;X)
that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases
be declared unconstitutional or invalid.
14. Publication. This emergency ordinance shall be in full force and effect immediately, and the City
Secretary is hereby directed to publish the caption hereof.
APPROVED AND ADOPTED BY THE CITY OF ANNA, TEXAS, this 2~th y of arch 2020.
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ATTEST:
f C..l/ \' '% Nate Pike, Mayor
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Carrie L. Land, City Secretary
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