HomeMy WebLinkAboutOrdinance No. 2020-21 ORDINANCE NO. 2020-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD,TEXAS,POSTPONING THE SPECIAL
ELECTION SCHEDULED TO BE HELD ON SATURDAY,
MAY 02, 2020, FOR THE PURPOSE OF REAUTHORIZING
THE LOCAL SALES AND USE TAX AT THE RATE OF
THREE-EIGHTHS (3/8) OF ONE PERCENT (1%) TO
CONTINUE PROVIDING REVENUE FOR MAINTENANCE
AND REPAIR OF MUNICIPAL STREETS, TO A LATER
DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH.
* * * * * * * * * * * *
WHEREAS,on or about March 13,2020,the Governor of the State 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 in every county in the State of Texas; and
WHEREAS,on or about March 18,2020,the Governor issued a Proclamation suspending
certain sections of the Texas Election Code, among others, to allow political subdivisions of the
State that would otherwise hold elections on May 02, 2020, to postpone elections to the next
uniform election date,November 03, 2020; and
WHEREAS, on or about February 03, 2020, the City adopted Ordinance No. 2020-06
which ordered a General Election for Saturday, May 02, 2020, for the purpose of electing two
officials of the City,to wit: City Council Position 2 and City Council Position 5;of which General
Election was subsequently cancelled at a March 02, 2020, City Council meeting by adoption of
Ordinance No.2020-15,due to the candidates being certified as unopposed and were declared duly
elected to the respective offices; and
WHEREAS, on or about February 03, 2020, the City adopted Ordinance No. 2020-07
which ordered a Special Election for Saturday, May 02, 2020, for the purpose of submitting a
proposition pertaining to the reauthorization of the local sales and use tax at the rate of three-
eighths (3/8) of one percent (1%) to continue providing revenue for maintenance and repair of
municipal streets; and
WHEREAS, it is pursuant to the authority of the Governor's March 13, 2020, disaster
declaration and the March 18, 2020,proclamation that this Ordinance is adopted; i.e.,to postpone
the City of Friendswood Special Election from Saturday, May 02, 2020, to Tuesday, November
03, 2020, or a date in Summer, 2020, if authorized by the Governor; and
WHEREAS, a request has been made to the Governor to allow the postponement of the
May 02, 2020, election to another date prior to November 03, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD,TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are hereby
found to be true and correct.
Section 2. Pursuant to Election Advisory No. 2020-12, issued by the Texas
Secretary of State's Office on or about March 18, 2020, the City Council is exercising its
authority to postpone the May 2, 2020 election date and makes the following findings, and
incorporates them by reference into this Ordinance: (1) all candidate filings for the May 02,
2020, General Election were valid, and pursuant to Ordinance No. 2020-15,the candidates for
City Council Position 2 and City Council Position 5 have been duly certified as unopposed and
declared duly elected to the respective offices;.; (2) the proposition language for the Special
Election to reauthorize the local sales and use tax at the rate of three-eighths(3/8)of one percent
(1%) to continue providing revenue for maintenance and repair of municipal streets shall
remain valid; (3) all applications for a ballot by mail for voters who are voting by mail due to
Ord No.2020-21 2
being over the age of 65 or due to disability will remain valid for the postponed election;
however, all applications for a ballot by mail based upon a voter's expected absence from the
county will not be valid for the postponed election; and (4) the major relevant dates for the
November 03, 2020, election are as follows: deadline for registration to vote in the November
03, 2020, election is October 05, 2020; the deadline to submit an application for a ballot by
mail is October 23, 2020; and early voting is October 19. 2020, through October 30, 2020.
Section 3. The Special Election scheduled for Saturday,May 02,2020,for the purpose
of submitting a proposition pertaining to the reauthorization of the local sales and use tax at the
rate of three-eighths(3/8)of one percent(1%)to continue providing revenue for maintenance and
repair of municipal streets is hereby postponed until Tuesday,November 03,2020,pursuant to the
authority referenced in the Preamble to this Ordinance, or a date in Summer, 2020, if authorized
by the Governor, and it is hereby so ordered.
Section 4. In the event any clause,phrase,provision,sentence,or part of this ordinance
or the application of same to any person or circumstance shall for any reason be adjudged invalid
or held unconstitutional by a court of competent jurisdiction,it shall not affect,impair,or invalidate
this ordinance as a whole or any part or provision hereof other than the part declared to be invalid
or unconstitutional;and the City Council of the City of Friendswood,Texas,declares that it would
have passed each and every part of the same notwithstanding the omission of any such part thus
declared to be invalid or unconstitutional, whether there by one or more parts.
Section 5. All ordinances or parts of ordinances inconsistent or in conflict herewith
are,to the extent of such inconsistency or conflict, hereby repealed.
Section 6. In the event the Governor authorizes the postponement of the May 02, 2020,
election to another date prior to November 03,2020,the City Council reserves the right to amend this
order and ordinance to authorize an alternative date for the election.
Section 7. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour,place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,considered and formally acted upon.
Ord No.2020-21 3
The City Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
PASSED AND APPROVED on first and final reading this 6th day of April, 2020.
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City Secretary : N•. •
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Ord No. 2020-21 4