ORDINANCE NO. 1127
AN ORDINANCE OF THE CITY OF THOMASTON, GEORGIA, TO DECLARE A STATE OF EMERGENCY ARISING BECAUSE OF COVID-19 AND TO TAKE IMMEDIATE EMERGENCY MEASURES; AND FOR LIKE PURPOSES.
***************
WHEREAS, the President of the United States declared a National Public Health Emergency on March 13, 2020; and
WHEREAS, the Governor of the State of Georgia declared a State Public Health Emergency on March 14, 2020 and urged “local officials to do what's in the best interests of their communities to keep people safe and stop the spread of coronavirus" on March 19, 2020; and
WHEREAS, the World Health Organization has declared Coronavirus Disease 2019 (COVID 19) a world health emergency and a pandemic; and
WHEREAS, the number of confirmed cases and deaths from COVID-19 is escalating rapidly, internationally, nationally, and locally; and
WHEREAS, based upon the experience of other local governments in Georgia, a growing number of other cases are likely to occur; and
WHEREAS, on March 16, 2020, the Center for Disease Control (CDC) and the President of the United States stated that any gathering of over 10 people should be discontinued or prohibited; and
WHEREAS, on March 23, 2020, Governor Kemp announced that "certain individuals with an increased risk of complications from COVID-19 to isolate, quarantine, or shelter in place," covering those who "live in long-term care facilities, have chronic lung disease, are undergoing cancer treatment, have a positive COVID-19 test, are suspected to have COVID-19 because of their symptoms or exposure, or have been exposed to someone who has СOVID-19", and that the Department of Public Health would institute rules and regulations to implement such measures;
WHEREAS, on March 23, 2020, Governor Kemp additionally announced measures to "close all bars and nightclubs and ...ban all gatherings of ten or more people" unless they can assure spacing for at least six (6) feet apart between people at all times beginning at noon on March 24, 2020 and lasting until noon on April 6, 2020; and
WHEREAS, public health experts, including those at the CDC and the National Institutes of Health (NIH), have advised that individuals infected with COVID-19 are contagious even while experiencing minor or no symptoms and implored leaders to take immediate action to prevent further community spread of COVID-19; and
WHEREAS, preventing and slowing community spread of COVID-19 provides health systems additional time to obtain personal protective equipment necessary to protect health care workers and medical equipment necessary to treat COVID-19, and is therefore vital to the health of the nation;
WHEREAS, in the judgment of the City of Thomaston, there exist emergency circumstances located within its jurisdiction requiring extraordinary and immediate response for the protection of the health, safety, and welfare of the citizens of the community, the state, and the nation; and
WHEREAS, it is essential for the governing authority of the City to act immediately in order to minimize the spread of COVID-19 and to prevent or minimize sickness, injury, or death, to people and damage to property resulting from this public health crisis; and
WHEREAS, O.C.G.A. § 38-3-28 provides the political subdivisions of this state with the authority to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes to supplement rules and regulations promulgated by the Governor during a State of Emergency; and
WHEREAS, the United States Supreme Court has previously held that “[u]pon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members"; and
WHEREAS, the Charter of the City of Thomaston provides the governing authority of the city with the authority to take actions deemed necessary to deal with such an emergency for the protection of the safety, health, and well-being of the citizens of the City; and
NOW, THEREFORE, IT IS HEREBY DECLARED that a local state of emergency exists within the City and shall continue until the conditions requiring this declaration are abated.
THEREFORE, IT IS ORDERED AND ORDAINED BY THE AUTHORITY OF THE CITY OF THOMASTON AS FOLLOWS:
Section 1. Findings of Fact
For purposes of describing the circumstances which warrant the adoption of an emergency ordinance, the governing authority of the city hereby adopt and make the findings included in the “WHEREAS” clauses as findings of fact.
Section 2. Declaration of Public Health State of Emergency
The City Council hereby declares a public health state of emergency within the city because of the proliferation of COVID-19 in the United States and the State of Georgia, which will remain in force and effect until April 6, 2020 at 12:00 O'clock P.M. unless extended by further action of Mayor and City Council. Unless otherwise specified in this Ordinance, the provisions of this Ordinance shall remain in full force and effect for the duration of the declared emergency.
Section 3. Utility Services
Until April 6, 2020, unless extended by Mayor and City Council, the City will not disconnect any public utility service provided by the City on account of non-payment. After April 6, 2020, persons will have a period of thirty (30) days to make such payments before service may be disconnected.
Section 4. Classification of City Services
For the duration of the declared emergency, the City Manager shall be vested with the following discretion and authority, to wit:
(a) To categorize City services as either "required" or "discretionary," and to periodically review and modify such categories.
(b) To assign specific employees to required or discretionary services, and to periodically review and modify such assignments.
(c) To use his or her discretion to permit employees to telework.
(c) To temporarily suspend the provision of discretionary services and to direct employees who provide discretionary services not to report to work until such time as the service suspension is lifted or until such time as the City Manager redirects the employee to other services.
(d) To contract for and expend non-budgeted sums and services, as may in his or her discretion be required to meet the demands upon government and services of the City for the duration of the declared emergency, including therein authority to spend such sums from the reserves of the City. Any such non-budgeted expenditures shall be reported to the governing authority of the City.
(e) To maintain, to the best of the ability of the resources of the City, the provision of essential services, which shall include, but not be limited to, public safety, public works, healthcare, and building permits.
Section 5. Eating Establishments
With respect to restaurants and other eating and dining establishments regulated by the Governor's Declaration of a State of Public Health Emergency, as amended and modified, if a restaurant is licensed to sell beer and wine for on-premises consumption, such restaurant, during the effective dates of this ordinance only, shall be authorized to sell unopened bottles or cans of beer or wine for take-out consumption off-premises;
Section 6. Procurement
For any matters of less than $100,000.00, the governing authority hereby suspends the bid and competitive portions of the City's Procurement Policy or ordinances and authorize the City Manager to utilize the single-source policy and to require departments to provide a written justification for the procurement during the effective dates of this Ordinance and/or utilize any emergency procurement provisions contained. City officials shall continue to seek the best prices during the state of emergency.
Section 7
All ordinances or parts of ordinances in conflict with the provisions of this Declaration are hereby suspended during the effective dates of this Declaration (or any extension thereof) and the terms and provisions of this Declaration shall prevail.
This Ordinance after adoption by the Council and upon approval by the Mayor shall become effective immediately.
No comments:
Post a Comment