03-27-2020 (City Council) Agenda Packet Emergency Special Called Wylie City Council
NOTICE OF MEETING
Emergency Special Called Meeting Agenda
March 27, 2020 — 12:00 p.m.
Wylie Municipal Complex
Council Chambers
300 Country Club Road, Building #100
Wylie, Texas 75098
Eric Hogue Mayor
David R. Duke Place 1
Matthew Porter Place 2
Jeff Forrester Mayor Pro Tern
Candy Arrington Place 4
Timothy T.Wallis, DVM Place 5
David Dahl Place 6
Chris Hoisted City Manager
Richard Abernathy City Attorney
Stephanie Storm City Secretary
EMERGENCY NOTICE
The Wylie City Council will hold an Emergency Special Called Council Meeting at 12:00 p.m., in the
Council Chambers at the Wylie City Hall, located at 300 Country Club Road, Wylie, Texas on Friday,
March 27, 2020. This meeting is open to the public and subject to the open meeting laws of the State of
Texas.
Members of the public are permitted to attend the meeting in person at that location or members of the
public also may communicate with the City Council by submitting their comments online at
wylietexas.gov/boards and completing the Citizen Comment Form.
Pursuant to Section 551.045 of the Texas Government Code and Due to the Urgent Public Necessity and
Imminent Threat to Public Health and Safety from Covid-19,Immediate Action is Required by the City of
Wylie City Council.
CALL TO ORDER
Announce the presence of a Quorum
INVOCATION & PLEDGE OF ALLEGIANCE
March 27,2020 Wylie City Council Emergency Special Called Meeting Agenda Page 2 of 3
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes.
In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, Ordinance No. 2020-25, amending Ordinance No. 2020-24, which
continued and extended the Mayor's Amended Declaration of Local Disaster for Public Health
Emergency due to the novel Coronavirus (COVID-19); Modifying Section 8 (Enforcement
Clause). (S. Storm, City Secretary)
REGULAR AGENDA
1. Consider, and act upon, Resolution No. 2020-19(R) Postponing to the November 3, 2020
Uniform Election Date the General and Special Elections Scheduled to be held on May 2,2020,
for the purpose of electing persons to the Offices of Mayor and Councilmembers for Places 5
And 6 and the remaining term for Place 2 in response to the Covid-19 Pandemic and Public
Health Emergency; Designating Polling Places; Authorizing Execution Of Joint Election
Contract for the November 3, 2020 Election; and take all other appropriate action. (C. Holsted,
City Manager and S. Storm, City Secretary)
Executive Summary
On March 18,2020,the Governor of the State of Texas issued a proclamation suspending certain provisions of
the Texas Election Code and the Texas Water Code to allow all local political subdivisions such as the City of
Wylie that would otherwise hold elections on May 2, 2020, to move their general and special elections to the
November 3,2020,uniform election date without otherwise adjusting the terms of office.
EXECUTIVE SESSION
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited
to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087—Discussing certain economic development matters.
§551.073—Discussing prospective gift or donation to the City.
§551.076 -Discussing deployment of security personnel or devices or security audit.
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
March 27,2020 Wylie City Council Emergency Special Called Meeting Agenda Page 3 of 3
READING OF THE ORDINANCE
ADJOURNMENT
CERTIFICATION
I certify that this Emergency Special Called Notice of Meeting was posted on March 27, 2020 at 9:00 a.m. as
required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news
media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov.
Stephanie Storm,City Secretary Date Notice Removed
Wylie CityCouncil
Y
AGENDA REPORT
Meeting Date: March 27, 2020 Item Number: A
Department: City Secretary (City Secretary's Use Only)
Prepared By: City Secretary Account Code:
Date Prepared: March 26, 2020 Exhibits: Ordinance
Subject
Consider, and act upon, Ordinance No. 2020-25, amending Ordinance No. 2020-24, which continued and extended the
Mayor's Amended Declaration of Local Disaster for Public Health Emergency due to the novel Coronavirus(COVID-19);
Modifying Section 8 (Enforcement Clause).
Recommendation
Motion to approve, Ordinance No. 2020-25, amending Ordinance No. 2020-24, which continued and extended the
Mayor's Amended Declaration of Local Disaster for Public Health Emergency due to the novel Coronavirus(COVID-19);
Modifying Section 8 (Enforcement Clause).
Discussion
On March 22, 2020, the City Council adopted Ordinance No. 2020-24, which continued and extended the Mayor's
Amended Declaration of Local Disaster for Public Health Emergency to help abate the public health threat resulting from
the novel Coronavirus (COVID-19)pandemic; the City Council has determined that it is in the best interest of the City of
Wylie, Texas, and its citizens to amend Section 8 (Enforcement Clause) of Ordinance No. 2020-24 as set forth in this
ordinance to promote the public health, safety and welfare.
Page 1 of 1
ORDINANCE NO. 2020-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING ORDINANCE NO. 2020-24, WHICH CONTINUED
AND EXTENDED THE MAYOR'S AMENDED DECLARATION OF
LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY DUE TO THE
NOVEL CORONAVIRUS (COVID-19); MODIFYING SECTION 8
(ENFORCEMENT CLAUSE); AND PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS,on March 22,2020,the City Council adopted Ordinance No. 2020-24,which
continued and extended the Mayor's Amended Declaration of Local Disaster for Public Health
Emergency to help abate the public health threat resulting from the novel coronavirus (COVID-
19)pandemic;
WHEREAS, the City Council has determined that it is in the best interest of the City of
Wylie, Texas, and its citizens to amend Section 8 (Enforcement Clause) of Ordinance No. 2020-
24 as set forth below to promote the public health, safety and welfare.
NOW. THEREFORE, BE IT ORDAINED, by the City Council of the City of Wylie,
Texas:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. Section 8 (Enforcement Clause) of Ordinance No. 2020-24 is hereby
amended as follows i:
"The City Council hereby finds and declares that this declaration authorizes the use
of all lawfully available enforcement measures. A failure to comply with the City's
Emergency Management Plan,or a rule, order or ordinance adopted under the Plan,
including this Ordinance, is punishable as authorized in Section 418.173 of the
Texas Government Code. This local disaster declaration expressly incorporates
Executive Order GA-08. In addition, a person who violates any provision of this
declaration, upon conviction, is punishable by a fine of not more than $1,000, or
180 days in jail. A violation of any provision of this Ordinance shall constitute a
separate violation for each calendar day in which it occurs."
SECTION 3. Should any section, subsection, sentence, clause or phrase of this Ordinance
be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly
Deletions are evidenced by strikethrough.
Ordinance No. 2020-25 -Amending Ordinance No. 2020-24, Section 8
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
The City Council declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences,
clauses or phrases is declared unconstitutional and/or invalid.
SECTION 4. This Ordinance shall take effect immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ON THIS THE 27th DAY OF MARCH 2020.
Eric Hogue, Mayor
ATTEST:
Stephanie Storm, City Secretary
Ordinance No. 2020-25 -Amending Ordinance No. 2020-24, Section 8
Wylie CityCouncil
ciTY
Y
AGENDA REPORT
Meeting Date: March 27, 2020 Item Number: 1
Department: City Manager (City Secretary's Use Only)
Prepared By: City Secretary Account Code:
Date Prepared: March 26, 2020 Exhibits: Resolution
Subject
Consider, and act upon, Resolution No. 2020-19(R) Postponing to the November 3, 2020 Uniform Election Date the
General and Special Elections Scheduled to be held on May 2, 2020, for the purpose of electing persons to the Offices of
Mayor and Councilmembers for Places 5 And 6 and the remaining term for Place 2 in response to the Covid-19 Pandemic
and Public Health Emergency; Designating Polling Places; Authorizing Execution Of Joint Election Contract for the
November 3, 2020 Election; and take all other appropriate action.
Recommendation
Motion to approve Resolution No. 2020-19(R) Postponing to the November 3, 2020 Uniform Election Date the General
and Special Elections Scheduled to be held on May 2, 2020, for the purpose of electing persons to the Offices of Mayor
and Councilmembers for Places 5 And 6 and the remaining term for Place 2 in response to the Covid-19 Pandemic and
Public Health Emergency; Designating Polling Places; Authorizing Execution Of Joint Election Contract for the
November 3, 2020 Election; and take all other appropriate action.
Discussion
On March 18, 2020, the Governor of the State of Texas issued a proclamation suspending certain provisions of the Texas
Election Code and the Texas Water Code to allow all local political subdivisions such as the City of Wylie that would
otherwise hold elections on May 2, 2020, to move their general and special elections to the November 3, 2020, uniform
election date without otherwise adjusting the terms of office.
Pursuant to the Governor's proclamation authorizing the City of Wylie to postpone the May 2, 2020 election date,the City
Council does by this Resolution exercise its authority to move to November 3, 2020, the General and Special Elections
previously ordered for May 2, 2020, for the purpose of electing persons to the offices of Mayor and Councilmembers for
Places 5 and 6 and the remaining term for Place 2.
Included is an alternative Resolution if it's Council desire to move the General Election to November and hold the Special
Election in May.
Page 1 of 1
RESOLUTION NO. 2020-19(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, POSTPONING TO THE NOVEMBER 3, 2020 UNIFORM
ELECTION DATE THE GENERAL AND SPECIAL ELECTIONS
SCHEDULED TO BE HELD ON MAY 2, 2020, FOR THE PURPOSE OF
ELECTING PERSONS TO THE OFFICES OF MAYOR AND
COUNCILMEMBERS FOR PLACES 5 AND 6 AND THE REMAINING
TERM FOR PLACE 2 IN RESPONSE TO THE COVID-19 PANDEMIC
AND PUBLIC HEALTH EMERGENCY; RESERVING THE RIGHT AND
AUTHORITY TO RESCHEDULE THE GENERAL AND/OR SPECIAL
ELECTIONS TO SUCH OTHER DATE AS MAY BE ALLOWED BY LAW
AND APPROVED BY SUBSEQUENT ORDINANCE; AUTHORIZING
EXECUTION OF JOINT ELECTION CONTRACTS FOR THE
NOVEMBER 3, 2020 ELECTION; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in accordance with the general laws and Constitution of the State of Texas
and the Charter of the City of Wylie, Texas, and pursuant to Resolution No. 2020-06(R) and
Resolution No. 2020-10(R), General and Special Elections were ordered to be held on May 2,
2020, for the purpose of electing persons to the offices of Mayor and Councilmembers for Places
5 and 6 and the remaining term for Place 2; and
WHEREAS,on March 18,2020,the Governor of the State of Texas issued a proclamation
suspending certain provisions of the Texas Election Code and the Texas Water Code to allow all
local political subdivisions such as the City of Wylie that would otherwise hold elections on May
2, 2020, to move their general and special elections to the November 3, 2020, uniform election
date without otherwise adjusting the terms of office; and
WHEREAS, pursuant to the Governor's proclamation authorizing the City of Wylie to
postpone the May 2, 2020 election date, the City Council does by this Resolution exercise its
authority to move to November 3, 2020, the General and Special Elections previously ordered for
May 2, 2020, for the purpose of electing persons to the offices of Mayor and Councilmembers for
Places 5 and 6 and the remaining term for Place 2.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: That the City of Wylie General and Special Elections previously ordered
for May 2, 2020, are hereby moved to November 3, 2020.
Resolution No. 2020-19(R)-Moving the May 2,2020 General and Special Election to the November 3,2020
Uniform Election Date
SECTION 2: That the candidate filings for the General and Special Elections shall remain
valid for the elections to be held on November 3, 2020, and that the filing period for candidates
will not be re-opened.
SECTION 3: That all annual applications 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
November 3, 2020, elections; and that ABBMs for voters who submitted ABBMs based on
expected absence from the county shall not be valid for the postponed November 3,2020 elections.
SECTION 4: That the voter registration deadline for the November 3, 2020, election is
October 5, 2020, the deadline to submit an ABBM is October 23, 2020, and the dates for early
voting are October 19, 2020, through October 30, 2020.
SECTION 5. That the City Manager is authorized to negotiate and execute an amendment
to each existing election contract with Collin,Dallas, and Rockwall Counties, as necessary,for the
purposes of conducting the postponed elections on November 3, 2020, or such other date as may
be allowed by law and approved by subsequent resolution or ordinance.
SECTION 6. That the City Council hereby reserves the right and authority to reschedule
the General and/or Special Elections which are scheduled hereunder for November 3, 2020, to
such other date as may be allowed by law and approved by subsequent resolution or ordinance.
SECTION 7. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this Resolution be adjudged or held to be void or unconstitutional, the same shall not
affect the validity of the remaining portions of said Resolution, which shall remain in full force
and effect.
SECTION 8. That this Resolution shall take effect immediately from and after its passage
as the law and charter in such cases provide.
[The remainder of this page intentionally left blank.]
Resolution No. 2020-19(R)-Moving the May 2,2020 General and Special Election to the November 3,2020
Uniform Election Date
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ON THIS THE 27th DAY OF MARCH 2020.
Eric Hogue, Mayor
ATTEST:
Stephanie Storm, City Secretary
Resolution No. 2020-19(R)-Moving the May 2,2020 General and Special Election to the November 3,2020
Uniform Election Date
RESOLUTION NO. 2020-19(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, POSTPONING TO THE NOVEMBER 3, 2020 UNIFORM
ELECTION DATE THE GENERAL ELECTION SCHEDULED TO BE
HELD ON MAY 2, 2020, FOR THE PURPOSE OF ELECTING PERSONS
TO THE OFFICES OF MAYOR AND COUNCILMEMBERS F l ' PLACES
5 AND 6 IN RESPONSE TO THE COVID-19 PANDEMIC � 1 PUBLIC
HEALTH EMERGENCY; RESERVING THE RIGHT A 1
TO RESCHEDULE THE GENERAL ELECTION TO SUC .I T DATE
AS MAY BE ALLOWED BY LAW AND APPROV BY a :S a E
ORDINANCE; AUTHORIZING EXECUTION T LEC
CONTRACTS FOR THE NOVEMBER 3, 20,1 . L
THAT THE SPECIAL ELECTION TO HE ANC N THE
OFFICE OF COUNCILMEMBER FOR PLA �` O ''! .RED TO BE
HELD ON MAY 2,2020 PURSUANT ' � SOLD NO. 020-10(R),IS
UNAFFECTED BY THIS RE LU " ® ,�° ITH AT ELECTION
CONTINUING AS SCHEDULED ; ` N, ,t °1 1 IN ACCORDANCE
WITH THE TEXAS CO U ; `OVIDING A REPEALING
CLAUSE; PROVIDING £ SE AUSE; AND PROVIDING
FOR AN EFFECTIV I • , e\ �
WHEREAS, in . danc-°, • geneene's laws and Constitution of the State of Texas
and the Charter of their Wy"e, o s, ari a rsuant to Resolution No. 2020-06(R), a General
vi
Election was order q o be M44 May A4120, for the purpose of electing persons to the offices
of Mayor and C cis -mbers° i..,Pla 5 and 6; and
W AS,on M , ! 18,2120,the Governor of the State of Texas issued a proclamation
suspe .�'ng ce provisions the Texas Election Code and the Texas Water Code to allow all
local p ' ®. sub. tm: ions ch as the City of Wylie that would otherwise hold elections on May
2, 2020,v `Imo eir m °ions to the November 3, 2020,uniform election date without otherwise
adjustingt=<., s`I ,,office; and
g
WHEN��AS, pursuant to the Governor's proclamation authorizing the City of Wylie to
postpone the May 2, 2020 election date, the City Council does by this Resolution exercise its
authority to move to November 3, 2020,the General Election previously ordered for May 2, 2020,
for the purpose of electing persons to the offices of Mayor and Councilmembers for Places 5 and
6; and
WHEREAS, the Special Election to fill the vacancy in the office of Councilmember for
Place 2, ordered to be held on May 2, 2020 pursuant to Resolution No. 2020-10(R), is unaffected
Resolution No. 2020-19(R)-Moving the May 2,2020 General Election to the November 3,2020 Uniform Election
Date
by this Resolution, and that election will continue as scheduled on May 2, 2020, in accordance
with the Texas Constitution.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: That the City of Wylie General Election previously ordered for May 2,
2020, is hereby moved to November 3, 2020.
SECTION 2: That the candidate filings for the General Electio s rem •n valid for the
election to be held on November 3, 2020, and that the filing period for n will not be re-
opened.
SECTION 3: That all annual applications ballot ;. (A s or voiers that are
voting by mail due to being over the age of 65 or d disabilitywild e valid for the
November 3, 2020, election; and that ABBMs for ste Nrho su ` fitted ABBMs based on
expected absence from the county shall not be va • or the pos •i. ed Noe ber 3, 2020 election.
SECTION 4: That the voter regist E iron deadlinethe s ember 3, 2020, election is
October 5, 2020, the deadline to submit an CSC M i' e ' 3 , 2020, and the dates for early
voting are October 19, 2020, through ® .,. ,y30;y,_'
SECTION 5. That the C. , .ge .uths 's to negotiate and execute an amendment
to each existing election contractt . h w lin,Mom s, and Rockwall Counties, as necessary,for the
purposes of conducting postponi.s ' ec‘,41,on ovember 3, 2020, or such other date as may
be allowed by law aapprovedsu•4; uentresolution or ordinance.
SECTI S 6.1 at the C n cil hereby reserves the right and authority to reschedule
the General lection wh is sch hereunder for November 3, 2020, to such other date as
may be alloy � y law and roved by subsequent resolution or ordinance.
IO *should any word, sentence, paragraph, subdivision, clause, phrase or
section • his lu - se adjudged or held to be void or unconstitutional, the same shall not
affect they , , =e remaining portions of said Resolution, which shall remain in full force
and effect. .y
SECTION 8. That this Resolution shall take effect immediately from and after its passage
as the law and charter in such cases provide.
[The remainder of this page intentionally left blank.]
Resolution No. 2020-19(R)-Moving the May 2,2020 General Election to the November 3,2020 Uniform Election
Date
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ON THIS THE 27th DAY OF MARCH 2020.
Eric Hogue, Mayor
ATTEST: ti
Stephanie Storm, City Secretary 1'
, y
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Resolution No. 2020-19(R)-Moving the May 2,2020 General Election to the November 3,2020 Uniform Election
Date