HomeMy Public PortalAboutCCPD Resolution and Order No. 002-05 09-01-2005 - Joint Resolution 235-05RICHLAND HILLS CITY COUNCIL
RESOLUTION N0.235-OS
RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT
TEMPORARY BOARD OF DIRECTORS ORDER N0.002-OS
A JOINT RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS AND THE TEMPORARY BOARD OF
DIRECTORS OF THE RICHLAND HILLS CRIME CONTROL AND
PREVENTION DISTRICT CALLING FOR AN ELECTION WITH A
COMBINED BALLOT PURSUANT TO SECTION 321.409 OF THE TEXAS
TAX CODE TO DETERMINE WHETHER THE CITIZENS DESIRE TO
REDUCE THE AMOUNT OF SALES TAX REVENUE ALLOCATED TO
THE ECONOMIC DEVELOPMENT CORPORATION, CREATE A CRIME
CONTROL AND PREVENTION DISTRICT IN THE CITY, AND LEVY A
SALES AND USE TAX TO SUPPORT THE CRIME REDUCTION
PROGRAMS OF THE DISTRICT; DESIGNATING POLLING PLACES;
APPOINTING ELECTION OFFICIALS; DESIGNATING EARLY VOTING
HOURS AND PLACES; DIRECTING POSTING AND PUBLICATION
NOTICES FOR SAID ELECTION; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND MAHING
PROVISIONS FOR THE CONDUCT THEREOF AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED THERETO.
WHEREAS, Chapter 363 of the Texas Local Government Code (the "Act") authorizes a
municipality that is partially or wholly located in a county with a population of more than 5,000 to
propose the creation of a crime control and prevention district; and
WHEREAS, the City Council has previously established the Richland Hills Development
Corporation, an economic development corporation created pursuant to Article 5190.6 of the Texas
Revised Civil Statutes, which collects a sales tax equal to one-half of one percent (0.5%) as
authorized by Article 5190.6; and
WHEREAS, the City Council has determined that though the continued existence of the
Richland Hills Development Corporation provides significant benefits to the City and the City's
citizens, and that the Richland Hills Development Corporation should be continued, the City Council
has determined that the establishment of a crime control and prevention district, and the district's
collection of the sales tax in the amount of three-eighths of one cent (0.375%) as authorized by
Chapter 363, would benefit the City and the City's citizens more than continuing the one-half cent
(0.5%) sales tax currently being collected by the Richland Hills Development Corporation, and
WHEREAS, due to the limitations on sales tax under Texas law, the City cannot both legally
establish a crime control and prevention district and continue collection of the sales tax by the
Richland Hills Development Corporation at its current level of one-half percent (0.5%); and
WHEREAS, the City Council wishes to establish a crime control and prevention district and
fund such district through the establishment of a sales tax in the amount of three-eighths of one
percent (0.375%), and the reduction of the sales tax collected by the Richland Hills Development
Corporation from one-half of one percent (0.50%) to one-eighth percent (0.125%), but does not wish
to so reduce the sales tax collected by the Richland Hills Development Corporation unless a crime
control and prevention district and the sales tax to fund such district is created as described above;
and
WHEREAS, on August 2, 2005, the City Council passed a resolution to initiate the steps to
create a crime control and prevention district, to be known as the City of Richland Hills Crime
Control and Prevention District, and appointed a Temporary Board of Directors for such proposed
District; and
WHEREAS, the Temporary Board of Directors of the proposed Richland Hills Crime Control
and Prevention District, after the required public hearing(s), have approved a budget plan and a crime
control plan, and fulfilled all other requirements created by law of the Temporary Board in order to
create such a District prior to calling an election on the issue of whether such a District and a sales
tax to fund it should be created; and
WHEREAS, Texas Local Government Code Section 363.053 provides that an election shall
be held to determine whether the proposed Crime Control and Prevention District will be
permanently created and supported by a sales and use tax; and
WHEREAS, the Temporary Board of Directors of the proposed Richland Hills Crime Control
and Prevention District desires to hold an election on the question of whether the Richland Hills
Crime Control and Prevention District and a sales tax to fund it should be created; and
WHEREAS, the Richland Hills City Council desires to hold an election on the question of
whether to reduce the amount of tax revenue currently allocated to the Richland Hills Development
Corporation pursuant to the Development Corporation Act of 1979, Texas Revised Civil Statutes
Article 5190.6, from one-half of one percent (0.5%) tonne-eighth of one percent (0.125%) provided
that such election proposition can be submitted to the voters as a combined ballot with the question
of whether the Richland Hills Crime Control and Prevention District and a sales tax to fund it should
be created; and
WHEREAS, Texas Tax Code Section 321.409, as newly adopted, permits these questions to
be submitted to the voters through a combined municipal sales tax ballot proposition; and
WHEREAS, both the Richland Hills City Council and the Temporary Board of Directors of
the proposed Richland Hills Crime Control and Prevention District have determined that such issues
should be submitted through a combined ballot proposition as permitted by Texas Tax Code Section
321.409, as newly adopted;
JOINT RESOLUTION AND ORDER CALLING ELECTION Page 2
H:ACCPDUOINT RESOLUTION AND ORDER CALLING CCPD ELECTION EV.DOC
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE RICHLAND HILLS
CITY COUNCIL AND THE TEMPORARY BOARD OF DIRECTORS OF THE RICHLAND
HILLS CRIME CONTROL AND PREVENTION DISTRICT THAT:
SECTION I.
ELECTION CALLED
The statements made in the foregoing preamble being true and correct and being adopted
hereby as findings of fact, a special election shall be held in and throughout the City of Richland
Hills, on Tuesday, November 8, 2005, such date being a uniform election date as defined in Section
41.001 of the Texas Election Code, as amended.
SECTION II.
CRIME CONTROL AND BUDGET PLAN SUMMARY
The Temporary Board of Directors of the proposed Richland Hills Crime Control and
Prevention District has approved a Crime Control District Plan which includes a crime control plan
and a budget plan. These plans are summarized as follows:
The program will consist of projects and a plan to do the following: (1) adopt a
prevention focus by the police department and the community; (2) provide a safe
environment and support for children and provide educational programs to enhance
knowledge of the legal system and public safety concerns for children; (3) promote,
preserve and deliver a feeling of security, safety, and quality service to the
community; and (4) support operations of the police department through the
acquisition of equipment, technology, and the retention and recruitment of high
quality officers. In the first year, the plan calls for adding two new police positions.
The total annual first year cost of the program is $ 154,130.00.
SECTION III.
BALLOT
The official ballots for said election shall be prepared in accordance with the Texas Election
Code so as to permit the electors to vote "FOR" or "AGAINST" the proposition, with the ballots to
contain such provisions, markings and language as required by law, and with such proposition to be
expressed substantially as follows:
PROPOSITION
'The reduction of the current one half of one percent (0.5%) sales and use tax
allocated to the Richland Hills Economic Development Corporation bythree-eighths
of one percent (0.375%) to one-eighth of one percent (0.125%), the creation of the
Richland Hills Crime Control and Prevention District dedicated to crime reduction
JOINT RESOLUTION AND ORDER CALLING ELECTION Page 3
H:ACCPDUOINT RESOLUTION AND ORDER CALLING CCPD ELECTION EV.DOC
programs and the adoption of a proposed local sales and use tax at a rate of three-
eighths of one percent (0.375%).
SECTION IV.
POLLING PLACES
The City shall be divided into election precincts, which precincts and the designated polling
places therefore shall be as follows:
County Precinct Numbers:
4042, 3628
3131
3199
3164, 3406
3176
3325
Polling Place
Landmark Baptist Church
1909 Thomas Road
Haltom City, Texas 76117
Richland Middle School
7400 Hovenkamp Avenue
Richland Hills, Texas 76118
Fort Worth Fire Station 20
1051 Woodhaven Boulevard
Fort Worth, Texas 76103
Richland Hills Community Center
3204 Diana Drive
Richland Hills, Texas 76118
Hurst Hills Elementary School
525 Billie Ruth Lane
Hurst, Texas 76053
Baker Boulevard Church of Christ
7139 Baker Boulevard
Richland Hills, Texas 76118
The precinct polling place shall be open from 7:00 a.m. unti17:00 p.m. on the date of the Election.
SECTION V.
EARLY VOTING
Gayle Hamilton, Tarrant County Elections Interim Elections Administrator, is hereby
appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early
voting. In accordance with Section 85.001 of the Texas Election Code, early voting by personal
appearance shall begin Monday, October 24, 2005, and continue through Friday, November 4, 2005.
Early voting will be conducted between the hours of 8:00 a.m. and 5 p.m., Monday, October 24,
JOINT RESOLUTION AND ORDER CALLING ELECTION Page 4
H:ACCPDUO[NT RESOLUTION AND ORDER CALLING CCPD ELECTION EV.DOC
2005 through Friday, October 28, 2005; 7 a.m. to 7 p.m., Saturday, October 29, 2005; 11 a.m. to 4
p.m., Sunday, October 30, 2005; 8 a.m. to 5 p.m. Monday, October 31, 2005 through Wednesday,
November 2, 2005; and 7 a.m. to 7 p.m., Thursday, November 3, 2005, and Friday, November 4,
2005. Early voting by personal appearance shall be at the locations established for such by Gayle
Hamilton, Tarrant County Elections Interim Elections Administrator, as permitted by law.
Early voting by personal appearance shall be by electronic voting machines or other voting
machines or equipment provided by agreement with Tarrant County Elections Administrator. Early
voting by mail shall be as provided by the Code.
Application for ballot by mail maybe sent beginning September 9, 2005, but received no
later than November 1, 2005, and mailed to:
Gayle Hamilton
Early Voting Clerk
100 Weatherford
P.O. Box 961011
Fort Worth, Texas 76161-0011
SECTION VI.
ELECTION JUDGE AND ALTERNATE ELECTION JUDGE
Because this proposition will be submitted as part of a county-wide general election, the
election judge, alternate election judge, and ballot board will be appointed by the Tarrant County
Elections Administrator, as permitted bylaw. The presiding judge shall appoint election clerks as
may be necessary for the proper conduct of the election. The election judge, or the alternate election
judge in the absence of the election judge, and the election clerks shall constitute the early voting
ballot board. The election judge, and alternate election judge, and election clerks shall be qualified
voters of the City.
SECTION VII.
GOVERNING LAW
The election shall be held in accordance with the Constitution of the State of Texas and
the Texas Election Code, and all resident qualified voters of the City shall be eligible to vote at
the election.
SECTION VIII.
NOTICE
Notice of the election shall be given as required by the Texas Election Code.
JOINT RESOLUTION AND ORDER CALLING ELECTION Page 5
H:ACCPDUOINT RESOLUTION AND ORDER CALLING CCPD ELECTION EV.DOC
SECTION IX
NOTIFICATIONS
Upon adoption of this Order, the City Secretary is directed to immediately give notice of the
election to the Texas Comptroller of Public Accounts, by delivering to her a copy of this Order.
SECTION X
SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT
The City Secretary of the City of Richland Hills, Texas, or the City Attorney, is authorized to
make such submissions as are necessary to the United States Justice Department to seek pre-
clearance as required by law.
SECTION XI
NECESSARY ACTIONS
The Mayor and the City Secretary, in consultation with the City Attorney, are authorized and
directed to take all actions necessary to comply with the provisions of the Texas Election Code, the
Texas Tax Code, the City Charter, and the City Code in carrying out and conducting the election,
whether or not expressly authorized by this Order.
SECTION XII
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this order are severable, and if any phrase, clause, sentence,
paragraph, or section of this order shall be declared invalid or unconstitutional by the valid j udgment
or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation in this order of any
such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION XIII
EFFECTIVE DATE
This Order shall be effective upon its adoption.
JOINT RESOLUTION AND ORDER CALLING ELECTION Page 6
H:ACCPDVO[NT RESOLUTION AND ORDER CALLING CCPD ELECTION EV.DOC
Adopted and Resolved by the City Council of the City of Richland Hills at a joint meeting of
the Richland Hills City Council and the Temporary Board of Directors of the City of Richland Hills
Crime Control and Prevention District on the 1 S` day of September 2005.
~e~~a~t-~J-i
• . I, ~e
.~• st
~~~4~~~ ~rs'~
T o
~~~ ~ . ~ ~
;~• ~~ ".~
.~
ATTEST: •, # ' '' ~,
i ~ rfl'~'ea;.ev~®
The norable Nelda Stroder, Mayor
City of Richland Hills
Kim~Sutter, City Secretary
APPROVE
Tim G. Sralla, City Attorney
JOINT RESOLUTION AND ORDER CALLING ELECTION Page 7
H:\CCPDUOINT RESOLUTION AND ORDER CALLING CCPD ELECTION EV.DOC
Adopted and Ordered by the Temporary Board of Directors of the City of Richland Hills
Crime Control and Prevention District at a joint meeting of the Richland Hills City Council and
the Temporary Board of Directors of the City of Richl Hills Crime Control and Prevention
District on the 1 sc d~y,q f ~erptember 2005.
~ . ~`~~
h ~'•.. Jo Starnes, Chair of the Temporary Board of
• ~•
. ~~
~, _° ~"4 ~ '• ~ : Di ectors of the City of Richland Hills
~~" ~ ~ =~ ~'" ~ ~ ~ = Crime Control and Prevention District
ATTEST: "•, ..,,•.
I ,s~~/' /} •~ ~ O• r`~
ti. V PYi 881181
Kira Sutter, TRMC
Secretary of Temporary Board of Directors
City of Richland Hills Crime Control and Prevention District
JOINT RESOLUTION AND ORDER CALLING ELECTION Page 8
H:ACCPDUO[NT RESOLUTION AND ORDER CALLING CCPD ELECTION EV.DOC