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Home My Public Portal AboutResolution No. 233-05 08-09-2005 • RESOLUTION NO. 233-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, PROPOSING AND THE CREATION OF A CRIME CONTROL AND PREVENTION DISTRICT WITH BOUNDARIES TO BE THE SAME AS THE CORPORATE CITY LIMITS OF THE CITY, TO BE FUNDED BY A SALES TAX OF THREE-EIGHTHS OF ONE PERCENT; CONTINGENTLY PROPOSING THE REDUCTION OF THE SALES TAX CHARGED AND COLLECTED BY THE RICHLAND HILLS DEVELOPMENT CORPORATION TO ONE-EIGHTH OF ONE PERCENT; PROPOSING AN ELECTION PROPOSITION WITH COMBINED BALLOT PROVIDING FOR SUCH MODIFICATIONS; CREATING A TEMPORARY BOARD OF DIRECTORS; APPOINTING PERSONS TO SERVE AS TEMPORARY DIRECTORS OF THE PROPOSED DISTRICT; AND PROVIDING AN EFFECTIVE DATE. 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 Act requires the city council to appoint a temporary board of director; 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 toone- half of one percent (0.5%) as authorized by Article 51990.6; 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 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 a crime control and prevention district and continue the existence of and collection of the one-half percent sales tax by the Richland Hills Development Corporation; and WHEREAS, the City Council wishes to explore the possibility of establishing a crime control and prevention district and funding such district through the establishment of a sales tax in the amount ofthree-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 AMENDED RESOLUTION APPOINTING TEMPORARY BOARD OF PROPOSED CRIME CONTROL DISTRICT Page 1 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK5A\RESOLUTION (AMENDED) APPOINTING TEMPORARY BOARD OF DIRECTORS OF DISTRICT AND PROVIDING FOR COMBINED BALLOT.WPD • tax collected by the Richland Hills Development Corporation unless a crime control and prevention district as described above is created; and WHEREAS, on August 2, 2005, the City Council passed a resolution to initiate the steps to create a crime control and prevention district, and appointing a temporary board of directors for that district; and WHEREAS, such resolution did not expressly note that the boundaries of such proposed district shall be the city limits of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The creation of a Crime Control and Prevention District to be funded by a sales tax in the amount ofthree-eighths of one percent (0.375), is hereby proposed. The boundaries of such district, if created, shall be the same as the corporate city limits of the City of Richland Hills. This proposal is subject to a confirmation election held pursuant to Section 363.053 of the Act, which election should be by an election proposition combined ballot providing for the reduction of the sales tax collected by the Richland Hills Development Corporation from one-half of one percent (0.50%) tonne-eighths of one percent (0.125%), as will be permitted by Section 321.409 effective September 1, 2005. • SECTION 2. There is hereby created and established a temporary board of directors of the proposed Crime Control and Prevention District. The board shall be officially designated as the Richland Hills Temporary Crime Control and Prevention Board ("Temporary Board"), and shall be comprised of seven persons that reside in the City. SECTION 3. The Temporary Board is established pursuant to Chapter 363.052 of the Act and the terms set forth therein are hereby adopted governing the operation and duties of the Temporary Board. SECTION 4. The Temporary Board is charged with formulating and approving a two year crime control plan and a two year budget plan in compliance with Section 363.061 of the Act. After a majority of the temporary directors of the proposed district have approved a budget plan and crime control plan, a majority of the temporary directors may order that an election authorizing the creation of the Crime Control and Prevention District be held, as provided herein. • AMENDED RESOLUTION APPOINTING TEMPORARY BOARD OF PROPOSED CRIME CONTROL DISTRICT Page 2 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK5A\RESOLUTION (AMENDED) APPOINTING TEMPORARY BOARD OF DIRECTORS OF DISTRICT AND PROVIDING FOR COMBINED BALLOT.WPD • SECTION 5. On behalf of the district, the Temporary Board may accept donations, gifts, and endowments to be held in trust for any purpose and under any direction, limitation or provision prescribed in writing by the donor that is consistent with the terms of the Act and the proper management of the district. SECTION 6. The following persons, all residents of the proposed district, are hereby appointed to serve as temporary directors of the proposed district: Name: Martha Strain Address: 3604 Labadie Richland Hills, TX 76118 Name: Kim Finagan Address: 3110 Mary Boaz Richland Hills, TX 76118 Name: Gerrit Spieker Address: 3401 Jonette Richland Hills, TX 76118 Name: Kathleen Davis Address: 2701 Willow Park • Richland Hills, TX 76118 Name: John Starnes Address: 6906 Hardisty Richland Hills, TX 76118 Name: James Parker Address: 6964 Danele Court Richland Hills, TX 76118 Name: William Kinniard Address: 3416 Faith Creek Lane Richland Hills, TX 76118 SECTION 7. The temporary board is required to conduct an organizational meeting and elect a presiding officer of the temporary board from their memberships not later than the fifteenth day after the effective date of this resolution. • AMENDED RESOLUTION APPOINTING TEMPORARY BOARD OF PROPOSED CRIME CONTROL DISTRICT Page 3 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK5A\RESOLUTION (AMENDED) APPOINTING TEMPORARY BOARD OF DIRECTORS OF DISTRICT AND PROVIDING FOR COMBINED BALLOT.WPD • SECTION 8. This resolution shall be effective immediately upon adoption. PASSED AND APPROVED this 9nd day of August, 2005. T Honorable Nelda Stroder, Mayor Attest: ~ 6'" ~ ~ • • $ ~ w ? ,gyp, ~`~W ?qTM s im utter, C' y ecretary ° t> t]7' K R;7.a ~ AP OV A TO RM LEGALITY: ~L ; ~ e ` . , IE.• ~ ~ O ,yy ''~~iit~i4ti Tim G. Sralla, City Attorney • AMENDED RESOLUTION APPOINTING TEMPORARY BOARD OF PROPOSED CRIME CONTROL DISTRICT Page 4 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\RESOLUTION (AMENDED) APPOINTING TEMPORARY BOARD OF DIRECTORS OF DISTRICT AND PROVIDING FOR COMBINED BALLOT.WPD