HomeMy WebLinkAboutResolution Crime Control and Prevention District (CCPD) CCPD-2020-01RESOLUTION NO. CCPD 2020-01
A RESOLUTION DECLARING THE ELECTION ORDERED FOR
MAY 2, 2020, FOR THE CONTINUATION OF THE CRIME
CONTROL AND PREVENTION DISTRICT NOT BE HELD;
PROVIDING FOR THE POSTING OF COPIES OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 363.301 of the Texas Local Government Code, the Fort Worth
Crime Control and Prevention District will dissolve on September 30, 2020, unless the District
holds a continuation referendum and a majority of the votes cast in the referendum are in favor
of the District's continuation; and
WHEREAS, on November 12, 2019, the Board of Directors ordered an election on the issue to
be held on May 2, 2020 (Resolution CCPD-2019-01); and
WHEREAS, Section 418.016 of the Texas Government Code authorizes the governor to
suspend certain provisions of law if strict compliance would in any way prevent, hinder, or delay
necessary action in coping with a disaster; and
WHEREAS, on March 13, 2020, the Governor of Texas certified that the novel coronavirus
(COVID- 19) poses an imminent threat of disaster and declared a state of disaster for all counties
in Texas in accordance with state law and subsequently issued executive orders mandating
certain obligations recommended in guidelines issued at the federal level; and
WHEREAS, on March 13, 2020, the Mayor of Fort Worth issued a Declaration of Public Health
Emergency in and for the City of Fort Worth, Texas, which declaration has been amended and
extended by the Fort Worth City Council in accordance with state law; and
WHEREAS, in light of the current public health emergency and in accordance with Section
418.016 of the Texas Government Code and Section 41.001 of the Texas Election Code, on April
2, 2020, the Office of the Governor issued a proclamation that authorizes a special election on
the continuation of the District to be called and held on July 14, 2020, a non -uniform date that
coincides with a previously scheduled special election for a primary runoff; and
WHEREAS, by separate action the Board will consider a resolution to call an election on July
14 on the issue of continuation of the District in accordance with the Governor's order, rendering
the May 2 election moot; and
WHEREAS, to protect against the public health risks associated with holding the May 2, 2020
election, the Board wishes to cancel such election in favor of one to be called for July 14, 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
FORT WORTH CRIME CONTROL AND PREVENTION DISTRICT THAT:
Resolution Cancelling May 2 CCPD Election Page 1 of 2
SECTION 1.
The election that the Board previously ordered to be held on May 2, 2020 is hereby cancelled
in accordance with Section 2.082 of the Texas Elections Code and with Section 418.016 of the Texas
Government Code and the proclamations and order of the Governor issued thereunder.
SECTION 2.
Notice of this resolution and its passage shall be given in accordance with the requirements
of the Texas Elections Code, including any mandated physical or electronic posting.
SECTION 3.
This resolution shall take effect and be in full force and effect from and after the date of its
passage, and it is so ordained.
PASSED AND ADOPTED this 7t' day of April 2020, at special called meeting of the Board
of Directors of the Fort Worth Crime Control and Prevention District.
4�61-sy Price, President
Fort Worth Crim 9 of and Prevention District
ATTEST:
Mary J. Kayse , y cre yBoard Secretary
APP-RQVED AS TO FORM AND LEGALITY:
Attorney to the
Resolution Cancelling May 2 CCPD Election Page 2 of 2
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April 2, 2020
GOVERNOR GREG ABBOTT
FILED 8H THE OFFICE OF THE
SECRETARY OF STATE
O'CLOCK
The Honorable Ruth R. Hughs VO7
Secretary of State
State Capitol Room 1E.8 4Austin, Texas 78701 Secretan} of E`ot
Dear Secretary Hughs:
Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following:
A proclamation allowing the Fort Worth Crime Control and Prevention District
to order a special election on July 14, 2020, as an emergency election.
The original of this proclamation is attached to this letter of transmittal.
y submitted,
S. avi
ve Clprk to the Governor
Attachment
POST OFFICE BOX 12428 AUSTIN, TEXAS 78711512-463-2000 (VOICE) DIAL 7-1-1 FOR RELAY SERVICES
BY THE
watyrrnur of f4ESfttfE of Ems
TO ALL TO WHOM THESE PRESENTS SHALL COME:
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, the Commissioner of the Texas Department of State Health Services
has determined that, as of March 19, 2020, COVID-19 represents a public health
disaster within the meaning of Chapter 81 of the Texas Health and Safety Code;
and
WHEREAS, also on March 19, 2020 and March 31, 2020, the Governor issued
executive orders in accordance with the President's Coronavirus Guidelines for
America, as promulgated by President Donald J. Trump and the Centers for
Disease Control and Prevention, and mandated certain obligations for Texans
that are recommended by federal guidelines and aimed at slowing the spread of
COVID-19; and
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, on March 18, 2020, the Governor suspended 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; and
WHEREAS, on March 20, 2020, the Governor issued a proclamation postponing
the runoff primary election date to July 14, 2020, and early voting by personal
appearance for the runoff primary election begins on July 6, 2020, in accordance
with Section 85.001(b) of the Texas Election Code; and
WHEREAS, Section 41.007(d) of the Texas Election Code provides that no other
election may be held on the date of a primary election; and
WHEREAS, Section 41.008 of the Texas Election Code provides that an election
held on a date not permitted is void; and
WHEREAS, Section 85.001(a) of the Texas Election Code provides that the
period for early voting by personal appearance begins on the 17th day before
election day and continues through the fourth day before election day; and
WHEREAS, Section 363.251(a) of the Texas Local Government Code authorizes
that a crime control and prevention district created by a political subdivision may
hold a referendum on the question of whether to continue the district on the next
uniform election date authorized by Section 41.001(a) of the Texas Election
Code; and
FILED IN THE OFFICE OF THE
SECWARY OF STATE
+tM O'CLOCK
APR 0 2 2020
Governor Greg Abbott
April 2, 2020
Proclamation
Page 2
WHEREAS, the Fort Worth Crime Control and Prevention District has ordered a
special election on the question of whether to continue the district, and such
election was scheduled for May 2, 2020; and
WHEREAS, Section 41.0011 of the Texas Election Code provides that a special
election may be held as an emergency election before the appropriate uniform
election date if a political subdivision asks the Governor for permission to do so
and the Governor determines that an emergency exists; and
WHEREAS, the Fort Worth Crime Control and Prevention District desires to
order a special election as an emergency election on the question of whether to
continue the district pursuant to Section 41.0011 of the Texas Election Code and
has asked the Governor for permission to hold such election prior to November
3, 2020; and
WHEREAS, an emergency exists under Section 41.0011 of the Texas Election
Code due to the circumstances presented by the COVID-19 disaster and because
the Fort Worth Crime Control and Prevention District is not able to wait until
November 3, 2020, to hold a special election on the question of whether to
continue the district; 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 41.007(d) and 41.008 of the Texas Election Code to the extent necessary
to allow the Fort Worth Crime Control and Prevention District to order its special
election, to occur on July 14, 2020, as an emergency election on the question of
whether to continue the district pursuant to Section 41.0011(b) of the Texas
Election Code. I further suspend Section 85.001(a) of the Texas Election Code to
the extent necessary to allow early voting by personal appearance for the special
election to begin not earlier than Monday, July 6, 2020, and to run concurrently
with the early voting period for the runoff primary election.
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.
Early voting by personal appearance shall begin on Monday, July 6, 2020, in
accordance with Section 85.001(d) of the Texas Election Code so that it runs
concurrently with the early voting period for the runoff primary election.
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
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
O'CLOCK
APR 0 2 2020
Governor Greg Abbott
April 2, 2020
ATTESTED BY:
RUTH R. HUGHS
Secretary of State
Proclamation
Page 3
Austin, Texas, this the 2nd day of
April, 2020.
ZA�� A04t�
GREG ABBOTT
Governor of Texas
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
;O'CLOCK
APR 0 2 2020