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April 1, 2020 4:00 PM

City updates Local State of Disaster due to Public Health Emergency

CITY OF KRUM

RESOLUTION NO. 2020-04-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KRUM, TEXAS EXTENDING A DISASTER DECLARATION DUE TO THE COVID-19 VIRUS.

WHEREAS, the City of Krum is a Type A General Law Municipality located in Denton County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and the Constitution of the State of Texas; and

WHEREAS, on March 20, 2020, Mayor Ron Harris, acting in accordance with authority granted to him under Section 418.108(a) of the Texas Government Code, declared a local state of disaster for the City of Krum due to the COVID-19 virus (the “Disaster Declaration”); and

WHEREAS, on March 27, 2020 pursuant to Section 418.108(b) of the Texas Government Code the Krum City Council amended, modified, and extended the Disaster Declaration; and

WHEREAS, the City Council supports the extension of the Disaster Declaration signed by Mayor Ron Harris on March 20, 2020, as amended, modified, and extended by Krum Resolution No. 2020-03-03; and

WHEREAS, the City Council hereby amends, modifies, and extends the Disaster Declaration as follows:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KRUM, TEXAS:

Section 1: The Council hereby ratifies, modifies, and amends the Disaster Declaration as amended, modified, and extended by Krum Resolution No. 2020-033-03, consents to its continuation for a period of more than seven days from the date of its issuance, and amends the same to read as follows:
“Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact making it essential to slow the spread of the virus. This Declaration and Order is for supporting the public and private health care providers ability to handle the influx of new patients and safeguard public health and safety. Because of the risk of the rapid spread of the virus and the need to protect the most vulnerable members of the community this Declaration and Order requires all individuals in the City of Krum to STAY AT HOME - except for specific essential activities and work to provide essential business and government services or perform essential public infrastructure construction, including housing.

UNDER THE AUTHORITY OF TEXAS GOVERNMENT CODE SECTION 418.108, CITY OF KRUM MAYOR RON HARRIS AND THE CITY OF KRUM CITY COUNCIL ORDERS:

1. Effective as of 11:59 p.m. on April 1, 2020, and continuing until terminated by the Krum City Council:

a. All individuals currently living within City of Krum are ordered to STAY AT HOME or their current place of residence. For the purposes of this Declaration and Order, residences include hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence. All persons may leave their residences only for Essential Activities, travel to businesses outside the City of Krum, provide or perform Essential Governmental Functions, or to operate Essential Businesses, all as defined in Section 2.
b. All businesses operating within The City of Krum, except Essential Businesses as defined below in Section 2, are required to cease all activities at facilities located within The City of Krum. To the greatest extent possible, all Essential Businesses shall comply with the Social Distancing Guideline set forth by the CDC, including maintaining six-foot social distancing for both employees and the general public.
c. All public or private gatherings of any number of people occurring outside a single household or living unit are prohibited, except as otherwise provided herein. Nothing in this Declaration and Order prohibits the gathering of members of a household or living unit (an apartment or house for use by one family).
d. Restaurants and beverage bars 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.
e. All elective medical, surgical, and dental procedures are prohibited anywhere in The City of Krum. 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 canceled based on patient risk considering the emergency need for the redirection of resources to COVID-19 response.

2. Definitions:
a. For purposes of this Declaration and Order, individuals may leave their residence only to perform any of the following "Essential Activities":

i. To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members including pets and livestock (for example, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies need to work from home).

ii. To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others (for example, food, pet supply, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences.

iii. To engage in outdoor activity, provided the individuals comply with social distancing requirements of six feet, except as family units (for example, walking, biking, hiking, or running). Use of public playground equipment is prohibited.

iv. To perform work providing essential products and services at an
Essential Business or to carry out activities permitted explicitly in this Declaration and Order.

v. To care for a family member or pet in another household.

vi. To attend a religious service conducted in churches, congregations, and houses of worship.

b. For purposes of this Declaration and Order, "Essential Businesses" as identified by the National Cybersecurity and Infrastructure Agency (CISA), Memorandum of Essential Critical Infrastructure document version 1.1 and is further expanded upon:

i. Essential Healthcare Operations. Healthcare operations, including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, mental health providers, substance abuse service providers, blood banks, medical research, laboratory services, or any related and/or ancillary healthcare services. Home-based and residential-based care for seniors, adults, or children are also considered healthcare operations. Healthcare operations also include veterinary care and all health and welfare services provided to animals. This exemption shall be viewed broadly to avoid any impacts on the delivery of healthcare. Healthcare operations do not include fitness and exercise gyms and similar facilities. Healthcare operations do not include elective medical, surgical, and dental procedures as established in accordance with Subsection 1(f) of this Declaration and Order.
ii. Essential Government Functions. All services provided by local governments needed to ensure the continuing operation of the government agencies to provide for the health, safety and welfare of the public. Further, nothing in this Declaration and Order shall prohibit any individual from performing or accessing "Essential Government Functions." All Essential Government Functions shall be performed in compliance with social distancing requirements of six feet, to the extent possible. State or Federal government agencies shall follow State or Federal guidance to the extent possible.
iii. Education. The Superintendent, Headmaster, or CEO of a school district, charter school, or private school shall designate school personnel who are essential to the operation and support of distance-learning for students, preparation and distribution of meals to students, and maintenance/cleaning of facilities during the time of this Declaration and Order.
iv. Essential Critical Infrastructure. Work necessary to the operations and maintenance of the critical infrastructure sectors as identified by the National Cybersecurity and Infrastructure Agency (CISA), Memorandum of Essential Critical Infrastructure (attached herein), including public works construction, residential and commercial construction, airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, Internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), banks, financial institutions, pawn shops, safety and security related services , retail firearm sales , defense and national security-related operations, essential manufacturing operations provided that they carry out those services or that work in compliance with social distancing requirements of six-feet, to the extent possible. Essential Businesses providing essential infrastructure should implement screening precautions to protect employees, and all activity shall be performed in compliance with Social Distancing Guidelines as set forth by the CDC.
v. Essential Retail. Foodservice and household providers including; grocery stores, warehouse stores, big-box stores, liquor stores, gas stations and convenience stores, and farmers markets. Food gathering including; farming, hunting, fishing, and livestock to the extent allowed by law. Businesses that ship or deliver groceries, food, goods or services directly to residences. Restaurants and other facilities that prepare and serve food, but only for delivery, carry out, or drive thru. Schools and other entities that typically provide free services to students or members of the public on a pick-up and take-away basis only. The restriction of delivery or carry out does not apply to cafes and restaurants located within hospitals and medical facilities. Laundromats, dry cleaners, and laundry service providers. Gas stations, auto-supply, auto and bicycle repair shops, construction supply stores, and hardware stores. Businesses supplying products people require to work from home.
vi. Providers of Basic Necessities to Economically Disadvantaged Populations. Businesses, including non-profit organizations, that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals.
vii. Essential Services Necessary to Maintain Essential Operations of Residences or Other Essential Businesses. Trash and recycling collection, processing and disposal, mail and shipping services, building cleaning, maintenance and security, warehouse/distribution and fulfillment, storage for essential businesses, funeral homes, crematoriums and cemeteries. Plumbers, electricians, landscape services, moving services, exterminators, and other service providers who provide services that are necessary to maintain the safety, sanitation, and essential operations of residences and Essential Businesses. Professional services, such as legal services, accounting services, property management, and real-estate services, RV sales and services for housing, when required to assist in compliance with legally mandated activities. Businesses that supply other Essential Businesses with support or supplies needed to operate.
viii. News Media. Newspapers, television, radio, and other media services.
ix. Childcare Services. Childcare facilities providing services that enable employees exempted in this Declaration and Order to work as permitted.
x. Religious Services. Religious services conducted in churches, congregations, and houses of worship.
xi. Other. Other services as approved by the Texas Division of Emergency Management.

1. Any manufacturer who retools their business for the purpose of manufacturing and producing ventilators and other medical equipment may qualify for an "Essential Business" exemption under this Declaration and Order.
2. 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. Many 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
3. efficiently as possible during this critical timeframe, this Declaration and 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 and equipment in The City of Krum for the next 60 days.
4. Retail suppliers shall use commonsense rationing of household products and groceries that are in limited supply.
5. If someone in a household has tested positive for COVID-19, the household is ordered to isolate at home. Members of the household cannot go to work, school, or any other community function until cleared by a medical professional.
6. Nursing homes, retirement, and long-term care facilities are instructed by this Declaration and Order to prohibit non-essential visitors from accessing their facilities unless to provide critical assistance or for end-of-life visitation.
7. Public and private schools and institutions of higher education are instructed by this Declaration and Order to review and update their Emergency Management Plans at least 72 hours before students return to a classroom setting.
8. Texas Commissioned Peace Officers are hereby authorized to enforce this Declaration and Order. A violation of this Declaration and Order may be punishable through criminal or civil enforcement. A violation of this Declaration and Order is a misdemeanor punishable by a fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days. A violation of this Declaration and Order may be enforced by the filing of a probable cause affidavit alleging the criminal violation with the appropriate court or by issuing a citation to the person violating, that contains written notice of the time and place the person must appear before a magistrate of this state, the name and address of the person charged, and the offense charged.
9. The City of Krum must promptly provide copies of this Declaration and Order by posting on www.ci.krum.tx.us . In addition, the owner, manager, or operator of any facility that is likely to be impacted by this Declaration and Order is strongly encouraged to post a copy of this Declaration and Order on site and to provide a copy to any member of the public asking for a copy. If any subsection, sentence, clause, phrase, or word of this Declaration and 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 Declaration and Order.
10. To the extent of a conflict between this Declaration and Order and any Executive Order issued by the Governor of Texas, the Executive Order(s) issued by the Governor of Texas shall control.

PASSED, APPROVED, AND ORDERED by the City Council of the City of Krum, Texas this 1st day of April, 2020.

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