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HomeMy WebLinkAbout2020-0402 April 2, 2020 Special Meeting Agenda Packet completeThursday, April 2, 2020 Q TROPHY CLUB MUNICIPAL UTILITY DISTRICT BOARD OF DIRECTORS SPECIAL MEETING April 2, 2020 Special Meeting Agenda Packet TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262 5:30 P.M. Svore Municipal Boardroom SPECIAL MEETING AGENDA In accordance with the Governor's emergency proclamation suspending certain provisions of the Texas Open Meetings Act effective March 16, 2020 in response to the COVID-19 virus, the meeting will be conducted as a video conference and telephone. Members of the public may participate in the meeting remotely by video conference or telephonically using the instructions below. Videoconference Instructions: Members of the public may join the meeting by videoconference through the following web link: https://zoom.us/i/470612365 Telephonic Instructions: Members of the public may join the meeting telephonically by dialing any one of the following numbers: 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 470 612 365 If you cannot get through on one of the numbers due to network congestion or if the audio quality is poor, please try the next number. When your call is answered you will hear "Welcome to Zoom, enter your Meeting ID followed by pound." Enter in the following Meeting ID below followed by the pound sign (#): Meeting ID: 470 612 365 Public Comment: Public comment will be allowed during the Citizen Communication agenda item. No in-person input will be allowed. Members of the public that desire to provide public comment may do so by videoconference, by telephone or by submission of written comments. Written public comments that are timely received will be read into record and can be emailed to Islaght@tcmud.org . Written comments must be received by 4:00 PM on the date of the meeting. To provide verbal public comment remotely (by videoconference or telephone), members of the public must register in advance by emailing mmcmahon@tcmud.org prior to 5:00 p.m. on the date of the meeting. 1 of 13 April 2, 2020 Special Meeting Agenda Packet CALL TO ORDER AND ANNOUNCE A QUORUM CITIZEN COMMENTS This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board is not permitted to take action on or discuss any comments made to the Board at this time concerning an item not listed on the agenda. The Board will hear comments on specific agenda items prior to the Board addressing those items. You may speak up to four (4) minutes or the time limit determined by the President or presiding officer. To speak during this item, you must complete the Speaker's form that includes the topic(s) of your statement. Citizen Comments should be limited to matters over which the Board has authority. REGULAR SESSION 1. Consider and take appropriate action to Adopt Order No. 2020-0402A Postponing the May 2, 2020 Director Election until the next uniform date occurring on November 3, 2020. attachment: March 18, 2020 Proclamation Election Advisory 2020-12 Order No. 2020-0402A 2. Consider and take appropriate action to suspend the disconnection of utility services for non-payment. ADJOURN THE STATE OF TEXAS § COUNTIES OF DENTON AND TARRANT § I HEREBY CERTIFY THAT BY 6:30 P.M. ON MONDAY, MARCH 30, 2020, THE AGENDA OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, BOARD OF DIRECTORS SPECIAL MEETING TO BE HELD ON THURSDAY, APRIL 2, 2020 AT 5:30 P.M., WAS POSTED TO THE DISTRICT WEBSITE. LAURIE SLAGHT, DISTRICT SECRETARY 2 of 13 March 18, 2020 The Honorable Ruth R. Hughs Secretary of State State Capitol Room 1E.8 Austin, Texas 78701 Dear Secretary Hughs: April 2, 2020 Special Meeting Agenda Packet GOVERNOR GREG ABBOTT FILED IN THE OFFICE OF THE SECRETARY OF STATE 10: °°' O'CLOCK Secretary of State Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following: A proclamation suspending Sections 41.0052(a) and (b) of the Texas Election Code and Section 49.103 of the Texas Water Code to the extent necessary to allow political subdivisions that would otherwise hold elections on May 2, 2020, to move their general and special elections for 2020 only to the next uniform election date, occurring on November 3, 2020, without otherwise adjusting the term of office, and suspending Sections 31.093 and 42.0621(c) of the Texas Election Code to the extent necessary to require all county election officers, if requested by an affected political subdivision, to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3, 2020, under the authority of this proclamation. The original of this proclamation is attached to this letter of transmittal. Res - tfully submitted, Da son lerk to the Governor Attachment POST OFFICE Box 12428 AUSTIN, TEXAS 78711512-463-2000 (VOICE) DIAL 7-1-1 FOR RELAY SERVICES 3 of 13 April 2, 2020 Special Meeting Agenda Packet PROCLAMATION BY THE Guiur aftkESfa#t ufZextts TO ALL TO WHOM THESE PRESENTS SHALL COME: WHEREAS, Section 41.001(a)(2) of the Texas Election Code provides that a general or special election in this state shall be held on a uniform election date, and the next uniform election date is occurring on May 2, 2020; and WHEREAS, Section 49.103 of the Texas Water Code provides that certain districts governed by this provision are required to hold director elections in May of each even - numbered year; and WHEREAS, Section 41.0052 of the Texas Election Code prescribes a procedure for a political subdivision to change a general election date, but the time for making such a change has expired; and WHEREAS, Section 31.093 of the Texas Election Code requires a county elections administrator to enter into a contract to furnish election services upon request of a political subdivision; and WHEREAS, Section 42.0621(c) of the Texas Election Code does not require a political subdivision to enter into a contract with a county or hold a joint election with a county on the November uniform election date; and WHEREAS, on March 13, 2020, the Governor of Texas certified that the novel coronavirus (COVID-19) poses an imminent threat of disaster and, under the authority vested in the Governor by Section 418.014 of the Texas Government Code, declared a state of disaster for all counties in Texas; and WHEREAS, pursuant to Section 418.016 of the Texas Government Code, the Governor has the express authority to suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster. NOW, THEREFORE, I, GREG ABBOTT, Governor of Texas, under the authority vested in me by the Constitution and Laws of the State of Texas, do hereby suspend Sections 41.0052(a) and (b) of the Texas Election Code and Section 49.103 of the Texas Water Code to .the extent necessary to allow political subdivisions that would otherwise hold elections on May 2, 2020, to move their general and special elections for 2020 only to the next uniform election date, occurring on November 3, 2020, without otherwise adjusting the term of office. I further suspend Sections 31.093 and 42.0621(c) of the Texas Election Code to the extent necessary to require all county election officers, if requested by an affected political subdivision, to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3, 2020, under the authority of this proclamation. The authority ordering the election under Section 3.004 of the Texas Election Code is the authority authorized to make the decision to postpone its election in accordance with this proclamation. Current office holders will hold over to the extent authorized by Article XVI, Section 17 of the Texas Constitution. 4 of 13 FILED IN THE OFFICE OF THE SECRETARY OF STATE tO. ooa4- O'CLOCK MAR 1 8 2020 Governor Greg Abbott March 18, 2020 ATTESTED BY: 7-1 RUTH R. HUGHS Secretary of State April 2, 2020 Special Meeting Agenda Packet Proclamation Page 2 IN TESTIMONY WHEREOF, I have hereto signed my name and have officially caused the Seal of State to be affixed at my office in the City of Austin, Texas, this the 18th day of March, 2020. Governor of Texas 5 of 13 dx-Atezr- FILED IN THE OFFICE OF THE SECRETARY OF STATE ____Io 1 'n -.O'CLOCK MAR 1 8 2020 Elections Division P.O. Box 12060 Austin, Texas 78711-2060 www.sos.texas.gov April 2, 2020 Special Meeting Agenda Packet The State of Texas Ruth R. Hughs Secretary of State ELECTION ADVISORY NO. 2020-12 TO: Election Officials FROM: Keith Ingram, Director of Elections DATE: March 18, 2020 RE: Actions for May 2, 2020 Uniform Election Date Phone: 512-463-5650 Fax: 512-475-2811 Dial 7-1-1 ForRelay Services (800) 252 -VOTE (8683) The purpose of this advisory is to provide guidance to local political subdivisions regarding their options for any general or special elections that have been ordered for the May 2, 2020 uniform election date. Pursuant to Section 418.016 of the Texas Government Code, the Governor has issued a proclamation suspending certain provisions of the Texas Election Code and the Texas Water Code to allow all local political subdivisions that are utilizing the May 2, 2020 uniform election date to postpone their election to the November 3, 2020 uniform election date. Pursuant to Texas Election Code 31.003 and 31.004, our office has issued the following guidelines for entities that choose to exercise this authority and postpone their election to the November uniform election date. Effect of Postponement ofElection • Candidate Filings : By postponing their election date, the political subdivision is preserving all candidate filings and ballot order actions that have already been taken. The postponement does not have the effect of reopening candidate filings. o Deadlines related to Candidate Filings, De clarations of Ine ligibility, Withdrawals or Death: The deadlines that apply to the November 3, 2020 election would apply to all candidates who are currently on the ballot for the May 2, 2020 election. • Ballot By Mail Requests: All applications for a ballot by mail (ABBMs) that were filed for the May 2, 2020 election that are marked annual would apply for the November 3, 2020 election. All single use ABBMs that were submitted for reasons of age or disability would still be valid for the November 3, 2020 election. If a single use ABBM was submitted and indicated the reason for voting by mail was due to absence from the county, this ABBM would not be valid as the applicable election date has changed. However, we would recommend that the political subdivision send a letter to these voters along with a new ABBM in case the circumstances 6 of 13 April 2, 2020 Special Meeting Agenda Packet ADV 2020-12 Page 2 surrounding their absence from the county are still valid or the voter is otherwise eligible to vote by mail. • Ballots by Mail: If a political subdivision has already sent out mail ballots, those mail ballots that are returned would still be valid for the November 3, 2020 postponed election date. • Election Records: All records, including candidate filings, applications to vote by mail, ballot proofs, and printed ballots shall be retained and preserved. o Printed B allots : If your ballots have already been printed up, you may be able to reuse them for November. However, if you must change your ballot to reflect any corrections or changes that occur between now and November, you would treat the original ballots as you would in a traditional ballot correction and those ballots should be destroyed in accordance with Section 52.0064 of the Texas Election Code. • Re quire me nt to use County Ele ction Precincts in November 2020: Per Section 42.002 of the Texas Election Code, county election precincts are required for all elections occurring in November 2020. You will need to work with your county election officer to determine whether you need to make any modifications to your ballot in light of this requirement. • Requirement for County Election Officer to contract with Local Political Subdivisions: All county election officers are required to contract with local political subdivisions that postponed their May 2, 2020 election and that request a contract for election services or a joint election agreement with their county election officer pursuant to the Governor's suspension of certain Texas Election Code provisions. • Office Hours: The relevant dates for maintaining office hours for election purposes will be based on the November uniform election date rather than the May election date. Under Section 31.122 of the Texas Election Code, those office hours will need to be maintained for at least three hours each day, during regular office hours, on regular business days between September 14, 2020 and December 13, 2020. However, these entities should post contact information for individuals to contact their office about election -related issues during the timeframe that those offices may be closed over the coming months. • Holdovers in Public Office : Under Art. XVI, Sec. 17 of the Texas Constitution, the individuals who currently hold public offices that are scheduled to be on the ballot on the May uniform election date will continue to exercise the duties of those offices until the new officers take their oaths of office, following the November uniform election date. • Campaign Finance Filings: Please contact the Texas Ethics Commission for further guidance on how these modified timelines will affect any campaign finance reporting requirements. Their office can be reached at (512) 463-5800. • Candidates on the ballot in both May and November: For candidates that may be running for two offices (one normally occurring in May and one normally occurring in November), these candidates will not be removed from the ballot as they are separate elections that are normally not occurring on the same date. Required Action by Governing Body to Move Election Date In order to utilize this move, the governing body of the political subdivisions holding the elections must order the postponement of their election to the November 3, 2020 uniform election date. The order for this official action should contain the following items: 7 of 13 April 2, 2020 Special Meeting Agenda Packet ADV 2020-12 Page 3 1. A reference to the proclamation that authorizes the entity to postpone their election date, and the fact that the political subdivision is exercising this authority. 2. Confirmation that the candidate filings for the election will remain valid for the election held on the November date and that the filing period will not be re -opened for the November election date. 3. Confirmation that all ABBMs for voters that are voting by mail due to being over the age of 65 or due to disability will still be valid for the postponed election, and that ABBMs for voters who submitted ABBMs based on expected absence from the county would not be valid for the postponed election. 4. The major relevant dates for the November election, including the voter registration deadline (October 5, 2020), the deadline to submit an ABBM (October 23, 2020), and the dates for early voting (October 19, 2020 — October 30, 2020). Ne cessary Re visions to Orde r of Ele ction In addition, the entity will need to meet by August 17, 2020 to make any necessary revisions to the entity's original order of election. Those revisions may include: 1. The change to the date of the election; 2. Any change in location of the main early voting location; 3. Any changes to early voting dates and hours, including weekend early voting; 4. Any changes to the identity of the early voting clerk and their contact information; or 5. Any changes to branch early voting locations. If you are holding a bond election, you may need to make additional revisions to your order of election for that bond election. If this is the case, we recommend reaching out to your bond counsel for additional guidance. Se curing Election Records All election records should be stored and secured during the postponement period. This may require your entity to use preservation methods that are similar to the methods you would use during the preservation period after the election has occurred. This includes: • Storing returned ballots by mail in locked, sealed ballot boxes. • Securely storing any unused ballots. • Securely retaining any relevant election records, including candidate applications and ABBMs. Voting System Equipment If you are leasing voting system equipment from the county or directly from the vendor, then you may need to contact your vendor or your county regarding any necessary modifications to those lease agreements or to modify your procedures and timelines for receiving that equipment. Open Meeting Requirements 8 of 13 April 2, 2020 Special Meeting Agenda Packet ADV 2020-12 Page 4 The Governor has suspended and modified certain open meeting requirements pursuant to his disaster declaration. These changes include allowing the entity to establish procedures for telephonic or videoconferenced meetings of governmental bodies that are accessible to the public. These procedures must include a process for members of the public to participate and address the governmental body in those meetings, notice to the public on the means of participating remotely, and access to the public for recordings of those meetings. For more information, please review the applicable documentation from the Governor's Office or contact the Office of the Attorney General. Update Official Websites and Notify Media Any entities that are exercising this authority to postpone their election date must post notice on the entity's website and should alert any local media organizations regarding this change to their election date. The entity must also provide notice to their county election officer regarding this change, as the county is required to post the entity's notice of election on the county's website no later than the 60th day before the date of the election under Election Code 4.008. If that election date will be changing due to the entity's decision to postpone the election then the entity must provide a revised notice to the county for posting on the county's website. If you have any questions regarding this advisory, please contact the Elections Division at 1-800-252- 2216. KI:CA:CP 9 of 13 April 2, 2020 Special Meeting Agenda Packet TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ORDER NO. 2020-0402A ORDER POSTPONING MAY 2, 2020 DIRECTOR ELECTION THE STATE OF TEXAS § COUNTIES OF TARRANT AND DENTON § WHEREAS, Trophy Club Municipal Utility District No. 1 (the "District") is a duly created and existing municipal utility district created and operating under Chapters 49 and 54 of the Texas Water Code, as amended; WHEREAS, on January 20, 2020, the Board of Directors of the District adopted an Order calling an election of directors in accordance with the Section 49.103 of the Texas Water Code and the Texas Election Code; WHEREAS, on March 18, 2020, in response to the COVID-19 virus, Governor Abbott issued a proclamation (the "Proclamation") suspending Sections 41.0052(a) and (b) of the Texas Elections Code and Section 49.103 of the Texas Water Code to the extent necessary to allow political subdivisions that would otherwise hold elections on May 2, 2020, to move their general and special elections for 2020 only to the next uniform election date, occurring on November 3, 2020, without otherwise adjusting the term of office, and suspending Sections 31.093 and 42.0621(c) of the Texas Election Code to the extent necessary to require all county election officers, if requested by an affected political subdivision who postponed their election to November 3, 2020, under the authority of the proclamation; WHEREAS, on March 18, 2020, in response to the Proclamation and pursuant to Texas Election Code 31.003 and 31.004, the Texas Secretary of State issued Election Advisory No. 2020-12 providing guidelines to local political subdivisions that choose to exercise the authority granted by the Proclamation and postpone their election to the November uniform election date (the "Election Advisory"); WHEREAS, pursuant to the authority granted under the Proclamation and in accordance with the Election Advisory, and recommendation of the Governor of the State of Texas, the Board of Directors of the District desires to postpone the May 2, 2020 election of directors until the next uniform election date, occurring on November 3, 2020; NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: 1. The facts and recitations found in the preamble of this Order are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. 2. The Board of Directors of the District hereby orders the postponement of the May 2, 2020 director election to the November 3, 2020 uniform election date. 3. In accordance with the Election Advisory, the Board of Directors hereby finds, orders and declares as follows: a. The Board of Directors is postponing the May 2, 2020 election pursuant to the Proclamation, and is hereby exercising the authority granted under the Proclamation; 10 of 13 April 2, 2020 Special Meeting Agenda Packet b. All candidate filings for the May 2, 2020 election will remain valid for the election held on the November date, and the filing period will not be re -opened for the November election date; c. All applications for a ballot by mail (ABBMs) for voters that are voting by mail due to being over the age of 65 or due to disability will still be valid for the postponed election, and ABBMs for voters who submitted ABBMs based on expected absence from the county will not be valid for the postponed election; and d. The major relevant dates for the November election are set forth on Exhibit "A" attached to this Order; 4. The Board of Directors shall meet by August 17, 2020 to make any necessary revisions to the original order of election, which revisions may include, but are not limited to, the following: a. The change to the date of the election; b. Any change in location of the main early voting location; c. Any changes to the early voting dates and hours, including weekend early voting; d. Any changes to the identity of the early voting clear and their contact information; and e. Any change to branch early voting locations. 5. The Board of Directors hereby orders that any election records in the District's possession be properly stored and secured during the postponement period in accordance with the Election Advisory; 6. In accordance with the Election Advisory, the relevant dates for maintaining office hours for election purposes will be based on the November uniform election date; 7. County election precincts shall be applicable to the November election; and 8. The November 3, 2020 election shall otherwise be conducted in accordance with the Election Advisory and any further advisories or directives issued by the Governor of the State of Texas, the Texas Secretary of State, or other governmental authority with relevant jurisdiction 11 of 13 PASSED AND APPROVED this the day of April, 2020. ATTEST: Steve Flynn, Secretary Board of Directors April 2, 2020 Special Meeting Agenda Packet Gregory Wilson, President Board of Directors 12 of 13 April 2, 2020 Special Meeting Agenda Packet Exhibit "A" Summary of Major Relevant Dates for November 3, 2020 Election November 3, 2020 - Uniform Election Date Action Date Last Day to Register to Vote October 5, 2020 First Day of Early Voting October 19, 2020 Last Day to Apply for Ballot by Mail October 23, 2020 (Received, not Postmarked) Last Day of Early Voting October 30, 2020 Election Day November 3, 2020 13 of 13