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Home My WebLink About20-852RESOLUTION NO. 20-852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON FINDING THAT A PUBLIC EMERGENCY EXISTS AND SETTING FORTH ITS SUPPORT FOR DETERMINING T FLAT THE EMERGENCY WARRANTS A SPECIAL ELECTION; FOR PETITIONING THE GOVERNOR FOR A SPECIAL ELECTION DATE; AUTHORIZING THE MAYOR AND CITY MANAGER TO FORWARD THE RESOLUTION TO THE GOVERNOR OF THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated COVID- 19, spread through the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, on March 13, 2020, the Governor Greg Abbott (the “Governor”) declared a statewide public health emergency; and WHEREAS, the Commissioner of the Texas Department of State Health Services, Dr. John Hellerstedt, has determined that COVID-19 represents a public health disaster within the meaning of Chapter 81 of the Texas Health and Safety Code; and WHEREAS, on March 13, 2020, Mayor Chris Watts (the “Mayor”) issued a declaration of local disaster for public health emergency related to the COVID-19 pandemic; and WHEREAS, on March 17, 2020, the City Council through Ordinance No. 20-721 extended the state of emergency; 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 provision, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster; and WHEREAS, pursuant to Texas Attorney General Opinion No. KP-0191, Section 418.016 of the Texas Government Code provides legislative authorization for the Governor to temporarily suspend provisions prescribing deadlines and timing requirements for calling a special election; and WHEREAS, on March 18, 2020, the Governor issued a proclamation suspending Sections 41.0052(a) and 41.0052(b) of the Texas Election Code and allowing political subdivisions to move their general election and special elections set on May 2, 2020 to the next uniform election date, November 3, 2020, without otherwise adjusting the terms of office; and WHEREAS, on March 19, 2020, the Governor issued Executive Order No. GA-08 relating to COVID-19 preparedness and mitigation; and WHEREAS, on March 20, 2020, the City Council adopted Ordinance No. 20-741 postponing an ordered general election for the purpose of electing council members for Places 5 and 6 and electing a Mayor to Place 7 from Saturday, May 2, 2020 to Tuesday, November 3, and2020 WHEREAS, on March 20, 2020, the City Council adopted Ordinance No. 20-742 postponing an ordered special election for the purpose of electing council members to fill the unexpired terms, ending in May 2021 for Districts 1 and 2 from Saturday, May 2, 2020 to Tuesday, November 3, 2020; and WHEREAS, in City Ordinance No. 20-741 and No. 20-742 the City Council authorized the City Manager to petition the Governor with other Texas municipalities, requesting an election date prior to November 3, 2020; and WHEREAS, on March 20, 2020, the City Council amended the declaration of local disaster for public health emergency and extended such declaration until April 30, 2020; and WHEREAS, on March 31, 2020 the Governor issued Executive Order No. GA-14 relating to statewide continuity of essential services and activities during the COVID-19 disaster; and extended Executive Order No. GA-08 until April 30, 2020; and WHEREAS, upon study and deliberation the City Council determined that while postponing the election was necessary to protect public health and safety, holding the election on the uniform election date in November is not in the best interest of the citizens of the City of Denton; and WHEREAS, five (5) candidates have filed for District 2 creating a very high likelihood of the necessity for a runoff because no candidate would receive the required majority vote; and WHERAS, the pertinent part of Section 3.04(b) of the Charter of the City of Denton provides that “If no candidate receives a majority, or if there is a tie for any one place, the council shall order a runoff election which shall be held not earlier than the twentieth or later than the thirtieth day after the date the final canvass of the regular election is completed or as otherwise required by the Election Code and all other applicable laws,” which means the runoff election would fall sometime between Thanksgiving and Christmas 2020; and WHEREAS, in a highly partisan presidential election year national candidates and issues will dominate advertising and media coverage; and WHEREAS, the City Council has determined that robust debate and thoughtful consideration of local issues are best carried out in an environment that is not dominated by partisan party politics; and WHEREAS, historically the expense of political advertising is inflated during a presidential election cycle; and WHEREAS, local candidates are forced to raise additional money for advertising while competing with national candidates for a finite amount of funds; and WHEREAS, the City Council has determined that candidates should have the opportunity to advocate and be a visible presence in a local campaign regardless of funding levels; and WHEREAS, National Institute of Allergy and Infectious Diseases Director Anthony Fauci predicts a resurgence of COVID- 19 infections in the autumn of this year; and WHEREAS, holding a local election on a date between May 2, 2020 and November 3, 2020 will allow the City to protect the health and safety of its citizens and also promote good local governance; and WHEREAS, the City Council has determined that these objectives will best be met by ordering a special election for the purpose of electing council members to Places 5 and 6, Districts 1 and 2, and a Mayor to Place 7; and WHEREAS, this Resolution shall serve as a petition to the Governor requesting that pursuant to his authority under Section 418.016 of the Texas Government Code and Section 41.0011 of the Texas Election Code he determine that an emergency exists and that said emergency warrants that an election be held on a nonuniform election date earlier than the general election date of November 3, 2020; and WHEREAS, the City Council respectfully requests that such election be held on one of the following dates: September 19, 2020 or September 26, 2020; and WHEREAS, the City Council deems it in the public interest to authorize the Mayor to execute and the City Manager to transmit to the Governor’s office a copy of this Resolution and take all reasonable and necessary actions to advocate for the emergency declaration and change of election date to a nonuniform election date prior to the general election date of November 3, 2020; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are true and correct and are hereby incorporated into the body of this Resolution by reference. SECTION 2. The Mayor and City Manager and their designees are hereby directed to forward this Resolution to the Governor; and SECTION 3. This Resolution shall serve as a petition requesting that the Governor, pursuant to his authority under Section 418.016 of the Texas Government Code and Section 41.0011 of the Texas Election Code, to (1) determine that an emergency exists and that said emergency warrants that a special election be held on a nonuniform election date earlier than the general election date of November 3, 2020; and (2) find that the nature of the emergency is the continuing public health danger presented by the COVID-19 virus as set forth in the above- referenced state and local orders; and (3) order a special election for those public offices that would have otherwise been held on May 2, 2020 for one of the following dates: September 19, 2020 or September 26, 2020. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. a>andThe motion to approve this relolution was made by g the re{olution was passed and approvedseconded by by the following vote Aye 1// IX ,/ ./ ,// / I Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED lay ofthis the &A b taR ATTEST CITY SECRETARYROSA RIOS9 B IiI(r : L\\\\1111111 APPROVED AS TO LEGAL FORM AARON L, CITY ATTORNEY