EXTENSION OF DECLARATION OF DISASTER
AND ORDER OF THE MAYOR OF
THE CITY OF FORNEY, TEXAS

WHEREAS, pursuant to Section 418.108(a) of the Texas Government Code Section, Mayor Mary
Penn of the City of Fomey issued a Declaration of State of Disaster and Public Health Emergency
(?Declaration?) on March 20, 2020, due to a novel coronavirus now designated SARS-COV2 which causes
the disease and,

WHEREAS, pursuant to Section 418.108(b) of the Texas Government Code, the Declaration shall
not be continued or renewed for a period of more than seven days without the consent of the City Council
for the City of Fomey (?City Council?); and

WHEREAS, the conditions necessitating the Declaration continue to exist; and

WHEREAS, the on-going evaluation of circumstances related to the virus and the updated
recommendations of the Centers for Disease Control and Prevention and the Texas Department
of State Health Services warrant additional action by the City Council; and

WHEREAS, on March 16, 2020, President Trump acknowledged the gravity of the 
pandemic, releasing strict new guidelines to limit people?s interactions, including that Americans should
avoid groups of more than 10 people.

NOW, TIIEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF
FORNEY, TEXAS, THAT:

1. That the State of Disaster and Public Health Emergency proclaimed for the City of Fomey, Texas
by Mayor Penn on March 20, 2020 shall continue until terminated by order of the City Council.

2. The following regulations are hereby ordered under the authority of the Mayor of the City of
Fomey, Texas pursuant to Section 418.108 of the Texas Government Code:

A. Effective as of 1 1:59 pm. on March 25, 2020, and continuing until 1 :59 pm. on April 8, 2020:

(1) All individuals currently living within the City of Fomey, Texas are ordered to shelter at
their place of residence. For the purposes of this Order, residences include hotels, motels,
shared rentals, and similar facilities. To the extent individuals are using shared or outdoor
spaces, they must at all times as reasonably as possible maintain social distancing of at
least six feet from any other person when they are outside their residence. All persons may
leave their residences only for Essential Activities, or to provide or perform Essential
Governmental Functions, or to operate Essential Businesses, all as defined in Section B, or
to operate business activities that are outside the City of Fomey and that are not subject to
restrictions speci?cally imposed under a declaration of local disaster and public health
emergency.

(2) All businesses operating within the City of Fomey, except Essential Businesses as defined
in below in Section B, are required to cease all activities at facilities located within the
City. For clarity, businesses may continue operations consisting exclusively of employees
or contractors performing activities at their own residences working from home). To

Disaster Declaration Extension and Mayor?s Order City of Fomey, Texas Page 

the greatest extent possible, all Essential Businesses shall comply with the Social
Distancing Guidelines recommended by the CDC, including maintaining six-foot social
distancing for both employees and the general public.

(3) All public or private gatherings of any number of people occurring outside a single
household or living unit are prohibited, except as otherwise provided herein. Nothing in
this Order prohibits the gathering of members of a household or living unit.

(4) Restaurants with or without drive-in or drive-through services and microbreweries, micro-
distilleries, or wineries may only provide take out, delivery, or drive-through services as
allowed by law.

(5) Religious and worship services may only be provided by video and teleconference.
Religious institutions must limit in-person staff to ten (10) people or less when preparing
for or conducting video or teleconference services, and all individuals must follow the
Social Distancing Guidelines from the CDC including the six-foot social distancing.

(6) All elective medical, surgical, and dental procedures are prohibited anywhere in the City
of Fomey. Hospitals, ambulatory surgery centers, dental of?ces, and other medical
facilities are directed to identify procedures that are deemed ?elective? by assessing which
procedures can be postponed or cancelled based on patient risk considering the emergency
need for redirection of resources to COVID-19 response.

B. De?nitions:

(1) For purposes of this Order, individuals may leave their residence only to perform any of
the following ?Essential Activities?:

i. To engage in activities or perform tasks essential to their health and safety, or to the
health and safety of their family or household members (for example, obtaining
medical supplies or medication, visiting a health care professional, or obtaining
supplies needed to work from home).

ii. To obtain necessary services or supplies for themselves and their family or household
members, or to deliver those services or supplies to others (for example, food, pet
supply, and any other household consumer products, and products necessary to
maintain the safety, sanitation, and essential operation of residences.

To engage in outdoor activity, provided the individuals comply with social distancing
requirements of six feet (for example, walking, biking, hiking, or running).

iv. To perform work providing essential products and services at an Essential Business or
to otherwise carry out activities speci?cally permitted in this Order.

v. To care for a family member or pet in another household.
(2) For purposes of this Order, ?Essential Businesses? shall be those businesses in the below

listed areas. Any additional businesses or related determinations shall be made by the City
Manager in consultation with the Emergency Management Team for the City.

Disaster Declaration Extension and Mayor?s Order City of Fomey, Texas Page 2

i. Essential Healthcare Operations. Healthcare operations, including hospitals, clinics,
dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare
facilities, healthcare suppliers, mental health providers, substance abuse service
providers, blood banks, medical research, laboratory services, or any related and/or
ancillary healthcare services. Home-based and residential-based care for seniors,
adults, or children are also considered healthcare operations. Healthcare operations
also includes veterinary care and all health and welfare services provided to animals.
This exemption shall be viewed broadly to avoid any impacts to the delivery of
healthcare. Healthcare operations do not include ?tness and exercise and similar
facilities. Healthcare operations do not include elective medical, surgical, and dental
procedures as established in accordance with Subsection of this Order.

ii. Essential Government Functions. All services provided by local governments
needed to ensure the continuing operation of the government agencies to provide for
the health, safety and welfare of the public. Further, nothing in this order shall prohibit
any individual from performing or accessing ?Essential Government Functions.? This
notwithstanding, certain government facilities may be closed to the public, except by
appointment only. All Essential Government Functions shall be performed in
compliance with social distancing requirements of six feet, to the extent possible.

Essential Critical Infrastructure. Work necessary to the operations and maintenance
of the 16 critical infrastructure sectors as identi?ed by the National Cybersecurity and
Infrastructure Agency (CISA) including public works construction, residential and
commercial construction, airport operations, water, sewer, gas, electrical, oil re?ning,
roads and highways, public transportation, solid waste collection and removal,
intemet, and telecommunications systems (including the provision of essential global,
national, and local infrastructure for computing services, business infrastructure,
communications, and web-based services), ?nancial institutions, defense and national
security-related operations, essential manufacturing operations provided that they
carry out those services or that work in compliance with social distancing requirements
of six feet, to the extent possible. Essential Businesses providing essential
infrastructure should implement screening precautions to protect employees and all
activity shall be performed in compliance with social distancing guidelines from the
CDC.

iv. Essential Retail. Food service providers, including grocery stores, warehouse stores,
big-box stores, bodegas, gas stations and convenience stores, farmers? markets that sell
food products and household staples. Food cultivation, including farming, ?shing, and
livestock. Businesses that ship or deliver groceries, food, goods or services directly to
residences. Restaurants and other facilities that prepare and serve food, but only for
delivery or carry out. Schools and other entities that typically provide free services to
students or members of the public on a pick-up and take-away basis only. The
restriction of delivery or carry out does not apply to cafes and restaurants located
within hospital and medical facilities. Laundromats, dry cleaners, and laundry service
providers. Gas stations, auto-supply, auto and bicycle repair, hardware stores, and
related facilities. Businesses that supply products needed for people to work from
home.

Disaster Declaration Extension and Mayor's Order City of Fomey, Texas Page 3

v. Providers of Basic Necessities to Economically Disadvantaged Populations.
Businesses that provide food, shelter, and social services, and other necessities of life
for economically disadvantaged or otherwise needy individuals.

vi. Essential Services Necessary to Maintain Essential Operations of Residences or
Other Essential Businesses. Trash and recycling collection, processing and disposal,
mail and shipping services, building cleaning, maintenance and security,
warehousefdistribution and ful?llment, storage for essential businesses, funeral homes,
crematoriums and cemeteries. Plumbers, electricians, exterminators, and other service
providers who provide services that are necessary to maintaining the safety, sanitation,
and essential operations of residences and Essential Businesses. Professional services,
such as legal or accounting services, when necessary to assist in compliance with
legally mandated activities. Businesses that supply other essential businesses with
support or supplies needed to operate.

vii. News Media. Newspapers, television, radio, and other media services.

Childcare Services. Childcare facilities providing services that enable employees
exempted in this Order to work as permitted.

C. Any manufacturer who retools so that a substantial part of their business is for the purpose of
manufacturing and producing ventilators may apply for an ?essential business" exemption
under this Order.

D. If someone in a household has tested positive for coronavirus, the household is ordered to
isolate at home. Members of the household cannot go to work, school, or any other community
function.

E. Nursing homes, retirement, and long-term care facilities are instructed by this order to prohibit
non-essential visitors from accessing their facilities unless to provide critical assistance or for
end-of-life visitation.

F. This Order shall be effective until 11:59 pm. on April 8, 2020, or until it is either rescinded,
superseded, or amended pursuant to applicable law.

G. The City ofFomey must provide copies of this Order by posting on the City of Forney
website. 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. 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 of the remaining portions or applications of this Order.

DECLARED and ORDERED this 23rd day of March, 2020.

 

Mayor, City of mey

Disaster Declaration Extension and Mayor?s Order City of Fomey, Texas Page I 4