APPROVING AND EXTENDING DECLARATION OF LOCAL DISASTER –
MAYORAL ORDER NO. 3
WHEREAS, a novel coronavirus (COVID-19) has been recognized globally as a
contagious respiratory virus; and
WHEREAS, COVID-19 continues to spread and to pose an increasing, imminent threat
of disaster throughout City of Brownfield and beyond; and
WHEREAS, on March 18, 2020, pursuant to the authority provided him by Texas
Government Code § 418.108, the Mayor of the City of Brownfield issued a Declaration of Local
State of Disaster, placing certain restrictions and procedures in place in order to protect and
preserve the public health, safety and welfare and consistent with the national and state
declarations of emergency; and
WHEREAS, on April 12, 2020, the Governor of the State of Texas renewed his statewide
disaster proclamation for an additional thirty (30) days, certifying that COVID-19 poses an
imminent threat of disaster for all counties in the State of Texas; and
WHEREAS, on April 16, 2020, at the Brownfield City Council Regular Meeting, the City
Council approved and extended the Mayoral Declaration of a Local Disaster, which was signed
and executed by the Mayor on March 18, 2020, along with the Mayoral Order No. 1 issued on
April 1, 2020, as clarified, pursuant to Texas Government Code §418.108(b) until 11:59 p.m. on
May 7, 2020; and
WHEREAS, on April 27, 2020, the Governor of the State of Texas issued Executive
Order GA-18, effective until 11:59 p.m. on May 15th, superseding Executive Order GA-16,
expanding the reopening of services as part of the Governor’s safe, strategic plan to Open Texas
in response to the COVID-19 disaster allowing for the re-opening of businesses throughout Texas
under certain terms and conditions while still emphasizing certain precautionary measures like
social distancing, limiting social gatherings and strongly encouraging people over the age of 65
to stay at home as much as possible; and
WHEREAS, on April 30, in accordance with the authority granted the Mayor by the City
Council, and due to the issuance of Executive Order GA-18, the Mayor issued Mayoral Order No.
2 re-opening of businesses in Brownfield under certain terms and conditions while still
emphasizing certain precautionary measures like social distancing, limiting social gatherings and
strongly encouraging people over the age of 65 to stay at home as much as possible; and
WHEREAS, on May 5, 2020, the Governor of the State of Texas issued Executive Order
GA-21, effective until 11:59 p.m. on May 19th, superseding Executive Order GA-18,
incorporating the terms of Executive Order GA-18, expanding the reopening of certain businesses
and services and clarifying terms used and conditions used in portions of Executive Order GA-
18; and
WHEREAS, the United States President Donald J. Trump and the Centers for Disease
Control and Prevention (CDC) have issued guidelines for Opening Up America Again providing
guidance on safely opening up American business and society that continues to emphasize
minimizing travel, maximizing social distancing and avoiding socializing in groups of more than
ten (10) people; and
WHEREAS, pursuant to Texas Government Code §418.108 and in accordance with the
authority granted the Mayor by the City Council, and due to the issuance of Executive Order GA-
21, on May 6, 2020, the Mayor issued Mayoral Order No. 3 further re-opening of businesses in
Brownfield under certain terms and conditions while still emphasizing certain precautionary
measures like social distancing, limiting social gatherings and strongly encouraging people over
the age of 65 to stay at home as much as possible;
WHEREAS, pursuant to Texas Government Code §418.108, the City Council believes it
to be in the best interest of the City and its citizens, in order to protect and preserve the public
health, safety and welfare, to affirm Mayoral Order No. 3 and continue the extension of the
Declaration of Local Disaster;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BROWNFIELD, TEXAS,
HEREBY RESOLVES AND DECLARES:
- THAT the recitals outlined above are found to be true and correct and are incorporated
herein as if set forth fully herein. - THAT all terms and conditions of the Mayoral Declaration of a Local Disaster, which was
signed and executed by the Mayor on March 18, 2020, along with the Mayoral Order No. 3 issued
on May 6, 2020 is hereby renewed in accordance with Texas Government Code §418.108(b). - THAT pursuant to §418.108(c) of the Texas Government Code, this Resolution approving
Mayoral Order No. 3 and continuing the extension of the Mayoral Declaration of Local Disaster
shall be given prompt and general publicity and shall be filed promptly with the City Secretary of the City of Brownfield. - THAT pursuant to § 418.173 of the Texas Government Code, any person who knowingly
or intentionally violates this Order commits an offense, punishable by a fine up to $1,000.00 or
confinement in jail for a term that does not exceed 180 days - THAT this Resolution shall go into effect immediately upon approval and continue until
11:59 p.m., Thursday, May 21, 2020, unless renewed, extended, amended or cancelled by the
Mayor or City Council of the City of Brownfield. - THAT that this resolution and order authorizes the Mayor, pursuant to applicable
provisions of Texas Government Code Chapter 418 and Texas Health and Safety Code § 122.006, on behalf of the City of Brownfield, to take any actions necessary to promote health and suppress the virus, including the quarantine of persons and occupied structures, examining and regulating hospitals, regulating ingress and egress from the City, regulating ingress and egress to occupied structures, establishment of quarantine stations, emergency hospitals, and other hospitals, enforcing applicable orders issued by the Terry County Judge, the Governor of the State of Texas or the Texas Department of State Health Services related to suppressing the COVID-19 virus, and insuring compliance for those who do not comply with the City’s rules and directives. - THAT to the extent permitted by law, any local ordinance or administrative rule
prescribing the procedures for conduct of City business or any local ordinance or administrative rule that would in any way prevent, hinder, or delay necessary action in coping with this disaster, including any local ordinance or administrative rule regarding contracting or procurement which would impede the City’s emergency response necessary to cope with this declared disaster, are hereby suspended, but only for the duration of this declared local disaster and only for that limited purpose. - THAT to the extent this Order conflicts with the Governor’s Executive Order GA-21
regarding the regulation of essential business and services, Executive Order GA-21 controls and the Mayor may comport and amend this Order and any subsequent order to be consistent with Executive Order GA-21. - THAT the Mayor is authorized to use all available resources of the City of Brownfield
reasonably necessary to comply with this resolution.
Passed and Approved by the City Council this day of May, 2020.
Geronimo M. Gonzales, Mayor
ATTEST:
