ORDER #5 ISSUED ON 4/14/2020 BY THE MAYOR OF THE CITY OF KYLE

ORDER NUMBER 5 AND PROCLAMATION BY THE MAYOR OF THE CITY OF KYLE

WHEREAS, on March 17, 2020, the Mayor of the City of Kyle issued a disaster declaration declaring a local state of disaster for the City of Kyle due to COVID-19 posing an imminent threat of disaster in the City;

WHEREAS, on March 11, 2020, the World Health Organization characterized COVID-19 as a pandemic; and

WHEREAS, on March 13, 2020, the Governor of the State of Texas declared a state of disaster, the President of the United States of America declared a national emergency;

WHEREAS, the Texas Department of State Health Services determined that, as of March 19, 2020, COVID- 19 represents a public health disaster within the meaning of Chapter 81 of the Texas Health and Safety Code; and

WHEREAS, COVID-19 continues to spread and to pose an increasing, imminent threat of disaster throughout Texas; and

WHEREAS, the Centers for Disease Control and Prevention (CDC) has advised that person-to-person contact heightens the risk of COVID-19 transmission; and

WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends an “All of Community” approach focused on slowing the transmission of COVID-19; and

WHEREAS, gatherings of individuals without necessary mitigation for the spread of infection may pose a risk for the spread of infectious disease; and

WHEREAS, the CDC advises that current evidence suggests that COVID-19 may remain viable for hours to days on surfaces made from a variety of materials; and

WHEREAS, on March 31, 2020, the Governor of the State of Texas issued Executive Order No. GA-14 (“GA-14”) implementing Essential Services and Activities Protocols for the entire State of Texas; and

WHEREAS, on March 28, 2020, the Director of Cybersecurity and Infrastructure Security Agency issued a Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response which states that local governments are responsible for implementing and executing response activities, that officials should use their own judgement in issuing implementation directives and guidance, and that individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion; and  

WHEREAS, Governor Abbott was quoted in the Texas Tribune as stating that local officials "still have flexibility to impose standards that they consider to be more strict" — as long as they do not conflict with his latest executive order”; and

WHEREAS, in order to protect the life and health of local residents, it is reasonable and necessary to establish conditions for the operation of daycare facilities set forth in this Order;   

NOW THEREFORE, I, MAYOR OF THE CITY OF KYLE, TEXAS, PURSUANT TO THE AUTHORITY VESTED IN ME BY TEXAS GOVERNMENT CODE CHAPTER 418, HEREBY FIND, ORDER, AND PROCLAIM THAT:

Section 1.  The findings and recitations set out in the preamble to this Order are found to be true and correct and they are hereby adopted by the Mayor and made a part hereof for all purposes.

Section 2.  Effective as of 11:59 a.m. on April 19, 2020, and continuing until 11:59 p.m. on April 30, 2020, I hereby ORDER as follows:

Daycare facilities within the City may operate to provide childcare for persons providing Essential Services, as that term is defined in GA-14, provided that said facilities comply with the following requirements:

Childcare must be carried out in stable groups.  "Stable" means that the same children are in the same group each day.  Groups shall consist of a maximum of the following number and combination of children:

Five children, consisting of a maximum of 5 households; or
Up to 9 children, consisting of a maximum of 3 households.

Children shall not change from one group to another.

If more than one group of children is cared for at one facility, each group shall be in a separate room.

Groups shall not mix with each other.

Childcare providers shall remain solely with one group of children.

Childcare facility staff shall wear a facemask that is consistent with CDC guidelines at all times while working.  Children above the age of two are encouraged to wear a facemask as recommended by CDC guidelines where underlying circumstances or health conditions do not require otherwise.

Day care providers must sign up with the Texas Frontline Child Care Program.

Day care providers must only use the Texas Frontline Care Child Program to accept and admit children to the day care facility. 

Day care providers must follow all current COVID-19 CDC and state guidelines for childcare providers.

Section 3.  The Kyle Police Department, the Fire Marshal, and other peace officer are authorized to enforce this Order.  A violation of this Order is a misdemeanor punishable by fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days. 

Section 4.  The City will post this Order on its website and the Order shall be widely advertised to help accomplish the public health and safety objectives of the City of Kyle.  In addition, the owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and to provide a copy to any member of the public asking for a copy.

Section 5.  If any subsection, sentence, clause, phrase, or word of this 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.

Section 6.  The provisions of the Disaster Declaration, the Order by the Mayor of the City of Kyle effective on March 19, 2020 (“Order No. 1”), and Order No. 4 effective on April 3, 2020 are hereby amended to extent of any conflict with this Order.

Ordered and proclaimed this the 14th day of April, 2020, in the City of Kyle, Texas.