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HomeMy WebLinkAboutOrdinance No. 20-009 Continuing declaration of local disaster and adopting the Governor's emergency ordersORDINANCE NO.20-009 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,AMENDING ORDINANCE NO.20-008 BY CONTINUING THE DECLARATION OF LOCAL DISASTER; ADOPTING BY REFERENCE THE EMERGENCY ORDERS OF THE GOVERNOR AND SUBSEQUENT REVISIONS THERETO,BEGINNING WITH EXECUTIVE ORDER GA 23, ATTACHED HERETO AS EXHIBIT "A";PROVIDING A SAVINGS CLAUSE;PROVIDING A REPEALING CLAUSE;PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00)FOR EACH OFFENSE;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,beginning on December 2019,a novel coronavirus,now designated SARS- CoV-2 which causes the disease COVID-19,has spread through the world and has now been declared a global pandemic by the World Health Organization;and WHEREAS,on January 30,2020,the World Health Organization declared the outbreak of COVID-19 as a Public Health Emergency of International Concern;and WHEREAS,on March 5,2020,the World Health Organization urged proactive preparedness and activation of emergency plans to aggressively change the trajectory of this epidemic;and WHEREAS,on March 11,2020,the World Health Organization declared COVID-19 a worldwide pandemic;and WHEREAS,on March 13,2020,the Governor of Texas declared a State of Disaster for COVID-19;and WHEREAS,on March 13,2020,the President of the United States declared a National Emergency for COVID-19;and WHEREAS,on March 19,2020,Commissioner John W.Hellerstedt,M.D.declared a Public Health Disaster in the State of Texas for COVID-19;and WHEREAS,extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of University Park,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 adopted Ordinance No.20-008 continuing the Declaration of Disaster of March 23,2020 of Olin Lane Jr.,Mayor of the City of University Park,Texas,and certain control orders related thereto;and WHEREAS,since April 2,2020,Governor Abbott has issued several Executive Orders including those related to the reopening of Texas businesses and other activities;and WHEREAS,Sections 121.003 and 122.006 of the Texas Health and Safety Code authorizes the City of University Park to adopt rules to protect the health of persons in the City of University Park;and WHEREAS,the conditions necessitating the disaster declaration continue to exist and extraordinary and immediate measures must be taken to respond quickly to 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 WHEREAS,to remain consistent with the declarations of the Texas Department of State Health Services,the Executive Orders issued by Governor Abbott,and to harmonize,to the extent possible,with the provisions contained in the emergency orders and disaster declarations of Dallas County,for the health and safety of persons within the City of University Park the City Council finds that it is in the public interest to continue the State of Disaster declared on March 23,2020,by the Mayor of the City of University Park,Texas,and adopt Governor Abbott's Executive Orders;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1.That the findings and recitations set out in the preamble of this Ordinance are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes. SECTION 2.That effective immediately and continuing until termination of the Disaster Declaration,Ordinance No.20-008 is hereby amended by the adoption of the provisions of Executive Order GA 23,issued by Governor Greg Abbott on May 18,2020,a copy of which is attached hereto as Exhibit "A",and any subsequent Executive Orders issued by Governor Greg Abbott related to COVID-19.The provisions of GA 23 and any subsequent Executive Orders issued by Governor Greg Abbott related to COVID-19,are incorporated herein by reference for all purposes.That except as otherwise provided by the Governors Executive Orders,the Mayor's Declaration of Disaster of March 23,2020,as continued by Ordinance No.20-008,shall continue until terminated by action of the City Council. SECTION 3.That pursuant to Texas Government Code Section 418.108(d),the City of University Park Emergency Management Plan shall remain active through the duration of the Disaster Declaration.The City'S critical infrastructure,which includes,but is not limited to,communications, 2 emergency services,energy,transportation systems,and water and wastewater systems shall continue operating. SECTION 4.That the Orders set forth in Ordinance No.20-008 are repealed and replaced by Executive Order GA 23 issued by Governor Greg Abbott on May 18,2020,and any subsequent Executive Orders issued by Governor Greg Abbott related to COVID-19 shall apply throughout University Park unless superseded,canceled,modified,amended or terminated by the Mayor and/or the City Council,or pursuant to applicable law.For clarity,nothing in the ordinance is intended to impact the provisions related to the continuation of the local state of disaster as specified in Ordinance No.20-008. SECTION 5.That pursuant to Section 418.108(c)of the Texas Government Code,this Ordinance shall be given prompt and general publicity and shall be filed promptly with the City Secretary. SECTION 6.That should any sentence,paragraph,subdivision,clause,phrase or section of this Ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this Ordinance as a whole,or any part or provision thereof other than the part so decided to be unconstitutional,illegal or invalid. SECTION 7.That an offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the ordinances of the City,as amended,in effect when the offense was committed,and the former law is continued in effect for this purpose. SECTION 8.That all provisions of the ordinances of the City of University Park in conflict with the provisions of this Ordinance be,and the same are hereby,repealed. SECTION 9.That any person,firm or corporation violating any of the provisions or terms of this Ordinance,including the provisions of an Executive Order of the Governor adopted herein shall,upon conviction,be punished by a fine not to exceed the sum of One Thousand 3 Dollars ($1,000.00)for each offense;and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10.That this Ordinance shall take effect immediately from and after its passage, as the law and charter in such case provide. DULY PASSED by the City Council of the City of University Park,Texas,on this the 19th day of May 2020. CITY OF UNIVERSITY PARK,TEXAS ~~ TOMMY STEWART,MAYOR ATTEST: CHRISTINE GREEN,CITY SECRETARY (RLD:05-18-2020:™115691) 4 EXHIBIT "A" GOVERNOR GREG ABBOTT May 18,2020 The Honorable Ruth R.Hughs Secretary of State State Capitol Room IE.8 Austin,Texas 78701 FILED IN THE OFFICE OF THE SECRETARY OF STATE 6~~-Sec;wLJry of St;:.tc Dear Secretary Hughs: Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following: Executive Order No.GA-23 relating to the expanded opening of Texas in response to the COVID-19 disaster. The original executive order is attached to this letter of transmittal. Respectfully submitted, GSD/gsd Attachment POST OFFICE Box12428 AUSTIN,TEXAS 78711 512-463-2000 (VOICE)DIAL 7-1-1 FOR RELAY SERVICES BVTHE GOVERNOR OF THE STATE OF TEXAS Executive Department Austin,Texas May 18,2020 EXECUTIVE ORDER GA23 Relating to the expanded ope1ling of Texas ill respollse to the COVID-19 disaster. WHEREAS,I,Greg Abbott,Governor of Texas,issued a disaster proclamation on March 13,2020,certifying under Section 4180014 of the Texas Government Code that the novel coronavirus (COY ID-19)poses an imminent threat of disaster for all counties in the State of Texas;and WHEREAS,1issued proclamations renewing the disaster declaration for all counties in Texas on April 12 and May 12,2020;and WHEREAS,the Commissioner of the Texas Department of State Health Services (DSHS),Dr.John I1elJerstedt,has determined on March 19,ApI"i117,and May 15,2020, that COYlD-19 represents a public health disaster within the meaning of Chapter 81 of the Texas Health and Safety Code;and WHEREAS,I have issued executive orders and suspensions of Texas laws in response to COYID-19,aimed at protecting the health and safety of Texans and ensuring an effective response to this disaster;and WHEREAS,I issued Executive Order GA-08 on March 19,2020,mandating certain obligations for Texans in accordance with the President's Coronavirus Guidelines for America,as promulgated by President Donald J0Trump and the Centers for Disease Control and Prevention (CDC)on March 16,2020,which called upon Americans to take actions to slow the spread of COVID-19 for 15 days;and WHEREAS,I issued Executive Order GA-14 on March 31,2020,based on the President's announcement that the restrictive Guidelines should extend through April 30, 2020,in light of advice fmm Dr.Anthony Fauci and Dr.Deborah Birx,and also based on guidance by DSHS Commissioner Dr.Hellerstedt and Dr.Birx that the spread of COVID-19 can be reduced by minimizing social gatherings;and WHEREAS,Executive Order GA-14 superseded Executive Order GA-08 and expanded the SOCial-distancing restrictions and other obligations for Texans,aimed at slowing the spread of COVID-19 and protecting public health and safety;and WHEREAS,after more than two weeks of having in effect the heightened restrictions like those .oequired by Executive Order GA-14,which had saved lives,it was clear that the disease still presented a serious threat across Texas that could persist in certain areas, but also that COVID-19 had wrought havoc on many Texas businesses and workers affected by the restrictions that were necessary to protect human life;and FILED IN THE OFFICE OF THESECRETARYOFSTATE 1~20eM O'CLOCK MAY 1 8 2020 Governor Greg AbbotT May 18,2020 ExeclItive Order GA-23 Page 2 WHEREAS,on April 17,2020,I therefore issued Executive Order GA-17,creating the Governor's Strike Force to Open Texas to stuuy and make recommendations on safely and strategically restarting and revitalizing all aspects of the Lone Star State-work. school,entenainment,and culture;and WHEREAS,also on April 17,2020,I issued Executive Order GA-16 to generally continue through April 30,2020,the same social-distancing restrictions and other obligations for Texans according to federal guidelines,but also to offel'a safe,strategic first step to Open Texas;and WHEREAS,I subsequently issued Executive Orders GA-18 and GA-21 on April 27 and May 5,2020,respectively,to expand the services that are reopened in Texas;and WHEREAS,as normal business operations resume.everyone must act safely,and to that end Executive Orders GA-18 and GA-21,as wdl a1>this executive order,provide that all persons should follow the health protocols recommended by DSHS,which whenever achieved will mean compliance with the minimum standards for safely reopening,but which should not be used to fault those who act in good faith but can only substantially comply with the standards in light of scarce resources and other extenuating COVID-19 CirCUITIstances;and WHEREAS,in coping with the COVD-19 disaster,and especially as services are being reopened in Texas,government officials should look for the least restrictive means of combatting the threat to public health;and WHEREAS,on May 7,2020,I issued Executive Order GA-22 to remove confinement in jail as an available penalty for non-compliance with any state or local executive order issued in response to COVID-19;and WHEREAS,Texas must continue to protect lives while restoring livelihoods,both of whieh can be achieved with the expert advice of medical professionals and business leaders;and WHEREAS,the "governor is responsible for meeting ...the dangers to the state and people presented by disasters"under Section 418.01 I of the Texas Government Code, and the legislature has given the governol'broad authority to fulfill that responsibility; and WHEREAS,undel'Section 418.012,the "governor may issue executive orders ... havfingl the force and effect of law;"and WHEREAS,under Section 418.0 16(a),the "govemor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business ...if strict compliance with the provisions ...would in any way prevent,hinder,or delay necessary action in coping with a disaster;"and WHEREAS,under Section 418.017(a),the "governor may use all available resources of stale government and of political subdivisions that are reasonably necessary to cope with a disaster;"and WHEREAS,under Section 418.0 18(c),the "governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area;"and FILED IN THE OFFICE OF THE SECRETARY OF STATE\~a0 eM O'CLOCK MAY 1 8 2020 Governor Greg Abbott May 18,2020 Executive Order GA-23 Page 3 WHEREAS,failure to comply with any executive order issued during the COVlD-19 disaster is an offense punishable under Section 418.I73 by a fine not to exceed $1,000, and may be subject to regulatury enforcement; NOW,THEREFORE,I,Greg Abbott,Governor of Texas,by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas,do hereby order the following on a statewide basis effective immediately,and continuing through June 3, 2020,subject to extension based on the status of COVlD-19 in Texas and the recommendations of the Governor's SU'ike Force to Open Texas,the White House Coronavirus Task Force,and the CDC: In accOl'dance with guidance from DSHS Commissioner Dr.Hellerstedt,and to achieve the goals established by the Prcsident to reduce the spread of COVlD-19, every pcrson in Texas shall,except where necessary to provide or obtain Covered Services,minimize social gatherings and minimize in-person contact with people who are not in the same household.People over the age of 65,however,are strongly encouraged to stay at home as much as possible;to maintain appropriate distance from any member of the household who has been out of the l"Csidence in the previous 14 days;and,if leaving the home,to implement social distancing and to practice good hygiene,environmental cleanliness,and sanitation. "Covered Services"shall consist of everything listed by the U.S.Department of Homeland Security's Cybersecurity and Infrastructure Security Agency (CISA)in its Guidance on the Essential Critical Infrastmcture Workforce,Version 3.0 or any subsequent vel'sion,plus religious services conducted in churches,congl'egations,and houses of worship.These covered services are not subject to the conditions and limitations,including occupancy or operating limits,set forth below for other covered services. "Covered Services"shall also consist of the following to the cxtent they are not already CISA services or religious services,subject to the conditions and limitations set fonh below: 1.Retail services that may be provided through pick-up,delivery by mail,or delivery to the customer's doorstep. 2.In-store,non-CISA retail services,tor retail establishments that operate at up to 25 percent of the total listed occupancy of the retail establishment. 3.Dine-in I'estaurant services,for restaurants that operate at up to 25 percent of the total listed occupancy of the restaurant,effective until 12:0 I a.m.on Friday,May 22,2020,when this provision is superseded by the provision set forth below for expanded dine-in restaurant services;provided,however,that a.this applies only to restaurants that have less than 51 percent of their gross receipts from the sale of alcoholic beverages;and b.any components uf the restaurants that have interactive functions or exhibits, including child play areas,interactive games,and video arcades,must remain closed. 4.Movie theaters that operate at up to 25 percent of the total listed occupancy of any individual theater for any screening;provided,however,that components of the movie theaters that have video arcades or interactive games must remain closed. 5.Shopping malls that operate at up to 25 percent of the total listed occupancy of the shopping mall;provided,however,that within shopping malis,the food-coun dining areas,play areas,video arcades,and interactive displays and settings mllst FILED IN THE OFFICE OF THE SECRETARY OF STATE ,:~ofM O'CLOCK MAY 1 8 2020 Governor Greg Abbott May 18,2020 Executive Order GA-23 Page 4 remain closed. 6.Museums and libral"ies that operate at up to 25 percent of the total listed occupancy;provided,however,that a.local public museums and local public libraries may so operate only if permitted by the local govel·nment;and b.any components of museums or libraries that have interactive functions or exhibits,including child play areas,must remain closed. 7.Golf course operations. 8.Local government operations,including county and municipal governmental opemtions relating to licensing (including marriage licenses),permitting, recordation,and document-filing services,as determined by the local government. 9.Wedding venues and the services required to conduct weddings;provided, however,that for weddings held indoors other than at a church,congregation,or house of worship,the facility may operate at up to 25 percent of the total listed occupancy of the facility. 10.Wedding reception services,for facilities that operate at up to 25 percent of the total listed occupancy of the facility. I 1.Cosmetology salons,hair salons,barber shops,nail salons/shops,and other establishments where licensed cosmetologists or barbers practice their trade; provided,however,that all such salons,shops,and establishments must ensure at least six feet of social distancing between operating work stations. 12.Tanning salons;provided,however,that all such salons n1ust ensure at least six feet of social distancing between operating work stations. 13.Swimming pools,as determined by each pool owner;provided,howevel·,that a.indoor swimming pools may operate at up to 25 percent of the total listed occupancy of the pool facility;and b.outdoor swimming pools may operate at up to 25 percent of normal operating limits as determined by the pool owner. 14.Non-CISA services provided by office workers in offices that operate at up to the greater of (i)ten individuals,or (ii)25 percent of the total office workforce; provided,however,that the individuals maintain appropriate social distancing. 15.Non-ClSA manufacturing services,for facilities that operate at up to 25 percent of the total listed occupancy of the facility. 16.Gyms and exercise facilities and classes that operate at up to 25 percent of the total listed occupancy of the gym or exel·cise facility;provided,however,that locker rooms and shower facilities must remain closed,but restrooms may open. 17.Starting immediately for all Texas counties except Deaf Smith,El Paso,Moore, Potter,and Randall counties: a.Massage establishments and other facilities where licensed massage therapists or other persons licensed or otherwise authorized to practice under Chapter 455 of the Texas Occupations Code practice their trade;provided,however, that all such facilities must ensure at least six feel of social distancing between operating work stations. b.Personal-care and beauty services that have not already been reopened,such as tattoo studios,piel·cing studios,hair removal services,and hair loss treatment and growth services;provided,however,that (i)all such facilities must ensure at least six feet of social distancing between operating work stations;and (ii) to the extent such services are licensed or otherwise regulated by Texas law, such services may operate only as permitted by Texas law. c.Child-care services other than youth camps as described below;provided, however,that to the extent such services arc licensed or otherwise regulated by Texas law,such services may operate only as permitted by Texas law. 18.Starting at 12:0 I a.m.on Friday,May 22,2020,for all Texas counties except Deaf FILED IN THE OFFICE OF THESECRETARYOFSTATE 1:10PM O'CLOCK MAY 1 8 2020 Governor Greg Abbott May 18,2020 Executive Order GA-23 Page 5 Smith,El Paso,Moore,Potter,and Randall counties: a.Dine-in restaurant services,for restaurants that operate at up to 50 percent of the total listed occupancy of the restaurant;provided,however that (i)this applies only to restaurants that have less than 51 percent of their gross receipts from the sale of alcoholic beverages;and (ii)any components of the restaurants that have interactive functions or exhibits,including child play areas,interactive games,and video arcades,must remain closed. b.Bars and similar establishments that are not restaurants as defined above,that hold a permit from the Texas Alcoholic Beverage Commission,and that are not otherwise expressly prohibited in this executive order,for such establishments that operate at up to 25 percent of the total listed occupancy of the establishment;provided,howevel·,that any components of the establishments that have interactive functions or exhibits,including child play areas,interactive games,and video arcades,must remain closed. c.Aquariums,natural caverns,and similar facilities (excluding zoos)that operate at up to 25 percent of the total listed occupancy or,for outdoor areas, at up to 25 percent of the normal operating limits as determined by the facility owner;provided,however,that (i)local public facilities may so operate only if permitted by the local government;and (ii)any components of the facilities that have interactive functions or exhibits,including child play areas,must remain closed. d.Bowling alleys,bingo halls,simulcast racing to the extent authorized by state law,and skating rinks that operate at up to 25 percent of the total listed occupancy of the establishment;provided,however,that (i)bowling alleys must ensure at least six feet of social distancing between operating lanes;and Oi)components of the establishments that have video arcades must remain closed. e.Rodeos and equestrian events that opel·ate at up to 25 percent of the total listed occupancy or,for outdoor areas,at up to 25 percent of the normal operating limits as determined by the facility owner;provided,however,that this authorizes only the rodeo or equestrian event and not larger gatherings.such as county fairs,in which such an event may be held. f.Drive-in concerts,under guidelines that facilitate appropriate social distancing,that generally require spectators to remain in their vehicles,and that l11iniluize in-person contact between people who are not in the same household or vehicle. g.Amateur sporting events (i)at which there is no access to the general public allowed;and (ii)for which all participants have tested negative for COVID-19 prior to the event,are quarantined for the duration of the event,are temperature-checked and monitored for symptoms daily,and are tested again for COVID-19 at the end of the event. 19.Starting at 12:01 a.m.on Friday,May 29,2020,for Deaf Smith,EI Paso,Moore, Potter,and Randall counties: a.All services that were restored for other Texas counties on Monday,May 18 and Friday,May 22,2020,in numbers 17 and 18 above. 20.Starting at 12:01 a.m.on Friday,May 29,2020,for all Texas counties: a.Outdoor areas of zoos that operate at up to 25 percent of the normal operating limits as determined by the zoo owner;provided,however,that (i)indoor areas of zoos,other than reStrooms,must remain closed;(ii)any components of the zoos that have interactive functions or exhibits,including child play areas,must remain closed;and (iii)local puhlic zoos may so operate only if permitted by the local government. 21.Starting at 12:01 a.m.on Sunday,May 31,2020,fOl·all Texas counties: FILED IN THE OFFICE OF THE SECRETARY OF STATE \'.'),Q PM O'CLOCK MAY 1 8 2020 Governor Greg Abbott May 18,2020 Executive Order GA-23 Page 6 a.Professional basketball,baseball,softball,golf,tennis,football,and car racing events,with no spectators physically present on the pl·emises of the venue,as approved on a league-by-league basis by DSHS,in consultation with the Office of the Governor and any recommendations by the advisory Strike Force to Open Texas,based on whether the league has submitted a plan that applies to all events and that meets the minimum health and safety standards; provided,however,that each league must submit,along with a request for approval in the manner prescribed by DSHS,a plan that incorporates applicable minimum standard health protocols re(.;ommended by DSHS,as applicable,and such additional measures as are needed to ensure a safe plan fOl·conducting the event. b.Youth camps,including but not limited to those defined as such under Chapter 141 of the Texas Health and Safety Code.and including all summer camps and other daytime and overnight camps for youths. c.Youth sports programs;provided,however,that practices may begin,but games and similar competitions may nut begin until June 15,2020. 22.For Texas counties that have filed with DSHS,and are in compliance with,the requiSite attestation form promulgated by DSHS regarding five or fewer cases of COVID-19,those services,establishments,and facilities listed above with 25 percent occupancy or operating limits may,as otherwise defined and limited above,operate at up to 50 percent. 23.Such additional services as may be enumerated by future executive orders or proclamations by the governor. For the Covered Services listed above with limit·based on "t.otal listed occupancy," the total listed occupancy limits refer to the maximum occupant load set by local or state law,but for purposes of this executive order,staff members are not included in determining operating levels except for non-CIS A manufacturing service providers and non-CISA services provided by office workers.The "total listed occupancy" limits do nOl apply to outdoor areas,events,facilities,or establishments. Additionally,valet services are prohibited except for vehicles with placards or plates for disabled parking. Notwithstanding anything herein to the contrary,the governor may by proclamation identify any county or counties in which Covered Services other than CISA services and religious services arc thereafter prohibited,in the governor's sole discretion, based on the governor's determination in consultation with medical professionals that only CISA services and religious services should be permitted in the county, including based on factors such as an increase in the transmission of COVID-19 or in the amount of COVID-19-related hospitalizations or fatalities. In providing or obtaining Covered Services,all persons (including individuals, businesses and other organizations,and any other legal entity)should use good-faith efforts and avai lable resources to follow the minimum standard health protocols recommended by DSHS,found at www.dshs.texas.gov/coronavirus.All persons should also follow,to the extent not inconsistent with the DSHS rninimum standards, the Guidelines from the President and the CDC,as well as other CDC recommendations.Individuals are encouraged to wear appropriate face coverings,but no jurisdiction can impose a civil or criminal penally for failure to wear a face covering.Nothing in this eXt!cutive OJ·deror the DSHS minimum standards precludes requiring a customer wishing to obtain services to follow additional hygiene measures. FILED IN THE OFFICE OF THE SECRETARY OF STATEP?op••....•O'CLOCK MAY 1 8 2020 Governor Greg Abbott May 18,2020 Executive Order GA-23 Page 7 Religious services should be conducted in accordance with the joint guidance issued and updated by the attorney general and governor.Nothing in this executive order, the DSIIS minimum standards,or the joint guidance issued and updated by the attorney general and governor precludes l:hurches.congregations,and houses of worship from using school campuses for their religious services or other allowed services. Except as specifically allowed above,people shall avoid visiting interactive amusement venues such as video arcades,amusement parks,or water parks,unless these enumerated establishments or venues are specifically added as a Covered Service by proclamation or futuI·e excl:utive order of the governor.Notwithstanding anything herein (0 the contrary.the governor may by proclamation add to this list of establishments or venues that people shall avoid viSiting.To the extent any of the establishments or venues that people shall avoid visiting also offer Covered Services permitted above,such as restaurant services,these estahlishments or venues can offer only the Covered Services and may not offer any other services. This executive order does not prohibit people from accessing Covered Services or engaging in safe daily activities,such as going to the grocery store or gas station; providing or obtaining other Covered Services;visiting swimming pools,parks, beaches,rivers,01·lakes;hunting or fishing;attending youth club meetings or events; or engaging in physical activity like jogging,bicycling,or other outdoor sports.so long as the necessary precautions are maintained to reduce the transmission of COVID-19 and to minimize in-person contact with people who are not in the same household. In accordance with the Guidelines from the President and the CDC.people shall not visit nursing homes,stale supported living centel·S,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 (HHSC).Nursing homes,state supported living centers,assisted living facilities.and long-tel·m care facilities should follow infection control policies and practices set forth by the HHSC. including minimizing the movement of staff between facilities whenever possible. In accordance with the Guidelines fl·om the President and the CDC,schools shall remain temporarily closed to in-person classroom attendance by students for the 2019-2020 school year,except for the following: I.Public education students (accompanied by an adull if needed)may.as allowed by the school consistent with the minimum standard health protocols found in guidance issued by the Texas Education Agency (TEA),visit his or her school campus (a)for limited non-insu·uctional administrative tasks such as cleaning out lockers,collecting personal belongings,and returning school items like band instruments and books;or (b)for graduating seniors,to complete post-secondary requirements that cannot be accomplished absent access to the school facility and its l·esources,excluding any activity or assessment which can be done virtually. 2.Beginning June I,2020,public school districts may offer,and public education students may accordingly visit school campuses for,in-person classroom instructional activities and lem·ning options,such as summer school programs, special education evaluations,specialized assessments,and individualized tutoring,under the minimum standard health protocols found in guidance issued by the TEA. 3.Public education teachers and staff are encouraged to continue to work remotely FILED IN THE OFfiCE OF THE SECRETARY OF STATE I~~0 fM O'CLOCK MAY 1 8 2020 Governor Greg Abbott May 18,2020 Executive Order GA-23 Page 8 from home if possible,but may return to schools to conduct remote video instruction,to perform administrative duties,and,beginning June 1,2020,to provide in-person classroom instructional activities and learning options as permitted and offered by school districts,under the minimum standard health protocols found in guidance issued by the TEA. 4.Private schools and institutions of higher education may reopen campuses and are encouraged to establish similar standards to allow students,teachers,and staff to return to schools for the limited purposes set forth above. 5.Notwithstanding anything herein to the contrary,schools may conduct graduation ceremonies consistent with the minimum standard health protocols found in guidance issued by the TEA. This executive order,as it pertains to cosmetology salons,hair salons,barber shops, nail salons/shops,and other establishments where licensed cosmetologists or barbers practice their trade,is retroactive to April 2,2020,to the extent necessary to supersede and nullify the existence of any prior or existing state or local executive order,the violation of which could form the basis for confinement in jail.To the extent any order issued by local officials in response to COVID-19 would allow confinement in jail of a person inconsistent with this executive order or any prior state executive order,that order is supeI-seded retroactive to April 2,2020. All existing state executive orders relating to COVID-19 are amended to eliminate confinement in jail as an available penalty for any violation of the executive orders. No jurisdiction can confine a person in jail as a penalty for violating any executive order,or any order issued by local officials,in response to the COVID-19 disaster. To the extent any order issued by local officials in response to the COVID-19 disaster would allow confinement in jail,that order is superseded,and I hereby suspend all relevant laws to the extent necessary to ensure that local officials do not confine people in jail for violating any order issued in response to the COVD-19 disaster. This amendment and suspension operates retroactively to April 2,2020,and supersedes any contrary local or state order. This executive order shall supersede any conflicting ordeI·issued by local officials in response to the COVID-19 disaster,but only to the extent that such a local order restricts Covered Services allowed by this executive order,allows gatherings prohibited by this executive order,or expands the list or scope of Covered Services as set forth in this executive order.I hereby suspend Sections 418.10 15(b)and 418.108 of the Texas Government Code,Chapter 81,Subchapter E of the Texas Health and Safety Code,and any other relevant statutes,to the extent necessary to ensure that local officials do not impose restrictions in response to the COVID-19 disaster that are inconsistent with this executive order,provided that local officials may enforce this executive order as well as local restrictions that ace consistent with this executive order. This executive order supersedes Executive Orders GA-21 and GA-22.but does not supersede Executive Orders GA-IO,GA-13,GA-17,GA-19,or GA-20.This executive order shall remain in effect and in full force until I 1:59 p.m.on June 3,2020,unless it is modified,amended,rescinded,or superseded by the governor. FILED IN THE OFFICE OF THE SECRETARY OF STATE I:3PfM O'CLOCK MAY 1 8 2020 Governor Greg Abbott May 18,2020 itUTHR:tiUGHS Secretary of State Executive Order GA-23 Page 9 Given under my hand this the 18th day of May,2020. GREG ABBOTT Governor FILED IN THE OFFICE OF THE SECRETARY OF STATEI:30fM O'CLOCK MAY 1 8 2020 ORDINANCE NO.}-.O-009 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,AMENDING ORDINANCE NO.20-008 BY CONTINUING THE DECLARATION OF LOCAL DISASTER; ADOPTING BY REFERENCE THE EMERGENCY ORDERS OF THE GOVERNOR AND SUBSEQUENT REVISIONS THERETO,BEGINNING WITH EXECUTIVE ORDER GA 23, ATTACHED HERETO AS EXHIBIT "A";PROVIDING A SAVINGS CLAUSE;PROVIDING A REPEALING CLAUSE;PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00)FOR EACH OFFENSE;AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park,Texas,on this the 19th day of May 2020. CITY OF UNIVERSITY PARK,TEXAS TOMMY STEWART,MAYOR ATTEST: CHRISTINE GREEN,CITY SECRETARY