ORDER NUMBER 1 AND PROCLAMATION BY THE MAYOR

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

WHEREAS, on March 19, 2020, the Governor issued an order limiting social gatherings to not more than ten people and ordering the closure of schools until 11:59 p.m. on April 3, 2020; and

WHEREAS, the Governor’s Order further states that the more that people reduce their public contact, the sooner COVID-19 will be contained and the sooner this executive order will expire;

NOW THEREFORE, I, MAYOR OF THE CITY OF KYLE, TEXAS, PURSUAN TO THE AUTHORITY VESTED IN ME BY TEXAS GOVERNMENT CODE CHAPTER 418, HEREBY FIND AND ORDER 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 p.m. on March 20, 2020, and continuing until 11:59 p.m. on April 3, 2020, all day care centers, child-care facilities, and family homes, as those terms are defined by Chapter 42, Texas Human Resources Code, within the City of Kyle are hereby ORDERED to be temporarily closed. 

Section 3.  The Kyle Police Department and other peace officers are hereby authorized to enforce this order.  A person who willfully disregards or conspires to willfully disregard this order is considered to have violated an order authorized by Chapter 418 of the Texas Government Code and is subject to a fine of up to $500 for each violation.

Section 4.  The City will post this Order on its website and 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.  This Order supersedes all previous orders or declaration on the matter of the operation and occupancy of day cares, day care centers, child-care facilities, and family homes that are in conflict or inconsistent with its terms, and this Order shall remain in effect and in full force until 11:59 p.m. on April 3, 2020, subject to being extended, modified, amended, rescinded, or superseded by me or by a succeeding Mayor.

Ordered this the 19th day of March, 2020, in the City of Kyle, Texas.