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.
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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
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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
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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.
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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
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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
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April 2, 2020 Special Meeting Agenda Packet
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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:
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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
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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
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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;
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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
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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
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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
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