Amended Resolution of State of Emergency

At tonight's Muskogee City Council meeting, the council voted to amend a previous resolution (passed on Thursday, March 19, 2020) that declared a State of Emergency in the City of Muskogee due to the COVID-19 pandemic. Tonight's amendments included mandatory closings and restrictions to specific types of businesses as recommended by CDC guidlines to prevent the spread of the coronavirus COVID-19. 

See the resolution below and note the highlighted areas for the complete list of affected businesses. 


AMENDED RESOLUTION NO. 2801

AN EMERGENCY RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE OKLAHOMA EMERGENCY MANAGEMENT ACT OF 2003 FOR THE CORPORATE LIMITS OF THE CITY OF MUSKOGEE RELATING TO THE COVID-19 PANDEMIC; AMENDING PROVISIONS OF THE EMERGENCY OPERATIONS PLAN, AS PER THE ATTACHED; ACTIVATING THE EMERGENCY OPERATION PLAN; ESTABLISHING PROHIBITIONS ON PUBLIC EVENT FACILITIES OWNED AND OPERATED BY THE CITY OF MUSKOGEE; MANDATING CLOSURE OR RESTRICTED OPERATIONS OF CERTAIN BUSINESSES; ADOPTING GUIDELINES ESTABLISHED BY THE OKLAHOMA DEPARTMENT OF HEALTH, THE CENTERS FOR DISEASE CONTROL AND PREVENTION, AND THE WORLD HEALTH ORGANIZATION; AUTHORIZING ENTRY INTO PUBLIC AND PRIVATE PROPERTY TO ABATE EMINENT THREATS TO LIFE, SAFETY AND WELFARE OF CITIZENS; GRANTING ADDITIONAL AUTHORITY TO THE CITY MANAGER; SUSPENDING ALL PURCHASING PROCEDURES OF THE CITY, WHERE NECESSARY UNTIL APRIL 27, 2020 FOR PURCHASES REASONABLY RELATED TO DEALING WITH TO SUBJECT OF THE DECLARED EMERGENCY.


WHEREAS, the novel coronavirus, COVID-19 was first detected in Wuhan City, Hubei Province, China in December 2019, and the Centers for Disease Control (CDC) considers this virus to be a significant public health threat that has and continues to spread globally; and

WHEREAS, on January 30th, 2020, the World Health Organization (WHO) declared COVID-19 to be a public health emergency of International concern; and

WHEREAS, on January 31st, 2020, the United States Secretary of Health and Human Services declared a public health emergency due to COVID-19; and

WHEREAS, on March 11th, 2020, the World Health Organization (WHO) declared COVID-19 to be a pandemic; and

WHEREAS, on March 13th, 2020, the President of the United States of America declared a National Emergency due to COVID-19; and

WHEREAS, on March 15th, 2020, the Governor of the State of Oklahoma declared an emergency due to the threat of the COVID-19 to the people of the State and the public’s peace, health and safety; and

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WHEREAS, it is the duty of the City Council of the City of Muskogee to insure the health, safety and welfare of the citizens of the City of Muskogee; and

WHEREAS, COVID-19 will have serious and immediate economic consequences for the City of Muskogee (“City”); and

WHEREAS, the widespread nature of COVID-19 constitutes a threat to the life, health, safety and welfare of the City of Muskogee, and its residents, and create an emergency situation within the meaning of Title 63, Section 683.1. et seq., Oklahoma Emergency Management Act of 2003;

WHEREAS, the City finds it necessary to order closure or restriction of certain businesses under 11 O.S. §22-120 in order to stop the spread of COVID-19 within the City.



NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF MUSKOGEE, that a local emergency is hereby declared for the City of Muskogee due to COVID-19 and its impact on Citizens;

IT IS FURTHER RESOLVED that Amendments to the Emergency Operations Plan of the City of Muskogee (“Plan”), including provisions for the continuity of government, as attached hereto as Exhibit A shall be adopted, and the Plan shall immediately be activated, and all provisions contained therein which require an emergency declaration before effect are hereby satisfied;

IT IS FURTHER RESOLVED that the City Manager of the City of Muskogee is hereby empowered and directed to establish reasonable prohibitions on public gatherings at all City owned and operated facilities, and all prior acts regarding the same are hereby ratified;

IT IS FURTHER RESOLVED that all of the City’s Purchasing Procedures are hereby suspended for a period until April 27th, 2020, where said purchases reasonably related ensuring and promoting the health, safety and welfare of the Citizens;

IT IS FURTHER RESOLVED that stabilization funds are hereby authorized and approved to be used for purchases and overtime personnel expenses related to this declared emergency;

IT FURTHER RESOLVED that the City Manager is authorized to amend Council Policy 3-3-2, General Leave Policy, to the extent necessary to implement the Families First Coronavirus Response Act signed by President Trump on March 18;

[REMAINDER OF PAGE INTENTIONALLY BLANK]


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IT IS FURTHER RESOLVED that, effective 7:30 p.m. (CST) March 24, 2020 until further act of the City Council of the City of Muskogee, the following businesses are hereby ordered closed or operations restricted as further defined below:

a. Restaurants, food courts, cafes, and other places of public accommodation offering food and beverage shall be closed for dine-in customers and for onpremises consumption. Curbside, drive-thru, takeout and delivery services are permitted, as are, institutional and in-house food cafeterias that serve residents, employees, or clients of businesses, child care facilities, hospitals and long-term care facilities. b. Bars, taverns, brew pubs, breweries, tasting rooms, clubs and all other areas of public accommodation offering alcoholic beverages for on-premises consumption shall be closed; however, establishments within this category which also have food service may operate for curbside pickup or delivery in accordance with the rules of the ABLE Commission. c. Gymnasiums, fitness centers, recreation centers, indoor sports facilities shall be closed; d. Theaters, cinemas, indoor and outdoor performances venues and museums shall be closed; e. Bingo halls, bowling alleys, skating rinks, and other similar recreational or entertainment facilities shall be closed;

IT IS FURTHER RESOLVED that businesses not referenced above are hereby encouraged compliance with all guidelines and recommendations promulgated by the State of Oklahoma, the Centers for Disease Control, and the World Health Organization and will adopt and enforce all lawful directives and orders as may be implemented by the State related to stopping the spread of COVID-19;

IT IS FURTHER RESOLVED that the City, its agents, employees, contractors and assigns have been and are hereby empowered to enter onto private and public property, and to abate any and all existing and imminent threats to the life, safety, health and welfare of the city or its residents, including mandatory evacuation, isolation, or quarantine of persons or areas and enforcement of the same;

IT IS FURTHER RESOLVED that under 63 O.S. §683.14, the City, its agents, employees, contractors and assigns will suffer neither liability nor be responsible for any damages caused to private or public property during the abatement of existing and imminent threats to the safety, health and welfare of the City or its Citizens.

IT IS FURTHER RESOLVED that the city, having been affected by COVID-19 is hereby declared an emergency area, entitled to all aid, relief and assistance that may be lawfully made available;

IT IS FURTHER RESOLVED that this Resolution shall remain in effect until further action or order by the City Council of the City of Muskogee.

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ADOPTED, PASSED AND APPROVED by the Council of the City of Muskogee to be effective immediately this 23rd day of March, 2020.



______________________________ JANEY BOYDSTON, Mayor

ATTEST:


______________________________ TAMMY L. TRACY, City Clerk


APPROVED as to form and legality this 23rd day of March, 2020.



______________________________ ROY D. TUCKER, City Attorney