2020-18 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-18
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING A LOCAL STATE OF DISASTER DUE TO A PUBLIC
HEALTH EMERGENCY; MAKING FINDINGS RELATED THERETO;
PROVIDING AN EFFECTIVE DATE; PROVIDING AN EXPIRATION DATE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, beginning in or about December 2019, a novel coronavirus, now designated
COVID-19, has spread through the world and has now been declared a global pandemic by the
World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath
and, in some cases, the virus has caused death; and
WHEREAS, the Town of Prosper is taking extraordinary measures to prevent the spread
of this potentially devastating disease in our community; and
WHEREAS, the Town of Prosper has established emergency protective measures,
mitigation procedures, and emergency response plans for this type of health emergency; and
WHEREAS, on or about March 13, 2020, Texas Governor Greg Abbott declared a state
of disaster in all Texas counties, and thereafter both Collin County Judge Chris Hill and Denton
County Judge Andy Eads have declared a local state of disaster due to a public health emergency;
and
WHEREAS, on or about Monday, March 16, 2020, Mayor Ray Smith issued a Declaration
of Local State of Disaster Due to Public Health Emergency; and
WHEREAS, on or about Thursday, March 19, 2020, Texas Governor Greg Abbott issued
Executive Order GA 08 providing further guidance in addressing COVID-19 preparedness and
mitigation; and
WHEREAS, on or about Monday, March 23, 2020, Mayor Ray Smith extended and
continued the March 16 Declaration for another seven (7) day period; however, such Extension
of Declaration provided that "in the event the Town Council of the Town of Prosper shall declare
a local state of disaster, this Extension of Declaration shall expire on its own terms upon the
effective date of any Declaration of the Town Council of the Town of Prosper"; and
WHEREAS, upon approval of this Ordinance, the Declaration and Extension of
Declaration expire on their own terms.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
Ordinance No. 2020-18, Page 1
SECTION 2
A local state of disaster due to public health emergency is hereby declared for the Town
of Prosper, Texas, pursuant to Section 418.108(a) of the Texas Government Code.
SECTION 3
Pursuant to Section 418.108(b) of the Texas Government Code, the state of disaster due
to public health emergency shall continue from the date of adoption of this Ordinance to 11:59
p.m. on Wednesday, May 27, 2020, unless action is taken by the Town Council of the Town of
Prosper, Texas, to repeal, extend or otherwise amend this Ordinance.
SECTION 4
Pursuant to Section 418.108(c) of the Texas Government Code, this Ordinance declaring
a local state of disaster due to public health emergency shall be given prompt and general publicity
and shall be filed promptly with the Town Secretary's Office.
SECTION 5
Pursuant to Section 418.108(d) of the Government Code, this Ordinance declaring a local
state of disaster has resulted in the following:
• The Town's Emergency Operations Center has been partially activated, and
conditions are being constantly monitored by emergency personnel.
• All Town -sponsored programs, activities and classes are suspended through
March 27, 2020.
• The Prosper Public Library and the 407 Rec Center are closed through March 27,
2020.
d Prosper Municipal Court is delaying all Court proceedings until April 4, 2020.
• All closures and cancellations will be reassessed and modified as conditions
change.
■ Town Council and Board/Commission meetings are cancelled until further notice.
All other Town offices will remain open during normal operating hours.
SECTION 6
Closures and cancellations referenced in this Ordinance may be extended, modified or
revoked until the threat posed by COVID-19 has passed, as determined by the Town Manager in
consultation with the Mayor.
Ordinance No. 2020-18, Page 2
SECTION 7
The Town Manager is granted the authority to direct non -emergency Town personnel to
work from home or to otherwise telecommute, as may be required, to mitigate community spread
of COVID-19.
SECTION 8
This Ordinance hereby authorizes the Town 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 Town, regulating
ingress and egress to occupied structures, and insuring compliance for those who do not comply
with the Town's rules, pursuant to Section 122.006 of the Texas Health and Safety Code.
SECTION 9
This Ordinance hereby incorporates by reference the provisions of any Executive Order
or similar directive issued by the President of the United States, the Governor of the State of
Texas, or the County Judge(s) of Collin County or Denton County.
SECTION 10
This Ordinance hereby authorizes the use of all lawfully available enforcement tools.
SECTION 11
Pursuant to Section 418.108(b) of the Texas Government Code, the state of disaster due
to public health emergency shall continue from the date of adoption of this Ordinance to 11:59
p.m. on Wednesday, May 27, 2020, at which time it shall expire without further action by the Town
Council, unless action is taken by the Town Council of the Town of Prosper, Texas, prior to the
expiration date to repeal, extend or otherwise amend this Ordinance.
SECTION 12
This Ordinance shall become effective from and after its passage and publication.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPfRo TBXAP, ON THIS 24TH DAY OF MARCH, 2020.
_ o
Ray Smith, Mayor
ATTEST:
Melissa Lee,
Secretary
Ordinance No. 2020-18, Page 3
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2020-18, Page 4