Ord 2020-017/repealing Ordinance 2020-16

Home Browse Search

6. The provisions of "Election Advisory 2020-12 for the May 2, 2020 Uniform Election Date" declaring the filing period for an election previously ordered for May 2, 2020 to have been irrevocably closed as of 5:00 p.m. on March 23, 2020 do not apply and cannot apply to a special election ordered after that date. 7. Due to the health risks posed by the COVID-19 pandemic, the existence of community spread of the virus within Hays County, and in reliance on Governor Abbott's proclamation, the Hays County Election Office provided written notice via email to Interim City Clerk Tammy K. Cook on March 25, 2020 that Hays County will not conduct any city, school, or water district election previously set within Hays County for the May 2, 2020 uniform election date. 8. At the time of adoption of this ordinance, all persons living within Hays County are subject to a "Stay Home -Work Safe" order issued by Hays County Judge Ruben Becerra on March 25, 2020 in response to community spread of COVID-19. 9. The San Marcos City Council finds that conducting a special election on May 2, 2020 - with early voting beginning on April 20, 2020 - would pose an unwarranted and unreasonable threat to the health and safety of poll workers and voters and promote the spread of COVID-19 throughout Hays County. 10. The City of San Marcos has no current capability to independently conduct a separate special election to fill the vacancy in Council Place 5 on May 2, 2020. 11. For the reasons herein stated, the San Marcos City Council deems it necessary to repeal Ordinance No. 2020-16 that previously ordered a special election to be held on May 2, 2020 to fill the vacancy in City Council Place 5 and to provide public notice that a new date for the special election, with new filing deadlines, will be set by subsequent ordinance due to the current COVID-19 pandemic. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The City Council finds that the recitals above are true and they are hereby adopted as a matter of public record. The recitals shall become a part of the legislative history pertaining to the adoption of this ordinance and shall serve to document the extraordinary circumstances existing at the time of its approval. SECTION 2. Ordinance No. 2020-16, adopted on March 17, 2020 to order a special election to fill a vacancy in City Council Place Five on May 2, 2020, is hereby repealed. SECTION 3. An ordinance ordering a special election to fill the vacancy in City Council Place 5 shall be prepared and presented for consideration by the council to set a new date for the special election and new election deadlines, including a new deadline to file an application for a place on the ballot. The proposed special election date shall reflect a careful assessment of the current COVID-19 pandemic, available personnel and equipment resources to 2