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Home My Public Portal AboutResolution No. 235-05 09-01-2005 • RICHLAND HILLS CITY COUNCIL RESOLUTION N0.235-OS RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT TEMPORARY BOARD OF DIRECTORS ORDER NO.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 MAKING 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 Tem or Board of Directors of the ro osed Richland Hills Crime Control p ~'y p p 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%) to one-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:\CCPDUOINT 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 progams 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: Polling Place 4042, 3628 Landmark Baptist Church 1909 Thomas Road Haltom City, Texas 76117 3131 Richland Middle School 7400 Hovenkamp Avenue Richland Hills, Texas 76118 3199 Fort Worth Fire Station 20 1051 Woodhaven Boulevard Fort Worth, Texas 76103 • 3164, 3406 Richland Hills Community Center 3204 Diana Drive Richland Hills, Texas 76118 3176 Hurst Hills Elementary School 525 Billie Ruth Lane Hurst, Texas 76053 3325 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:ACCPDVOINT 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 bylaw. 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 may be 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 beheld 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:ACCPDVOINT RESOLUTION AND ORDER CALLING CCPD ELECT[ON 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 judgment 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:ACCPDVOINT 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 ls` day of September 2005. ~ L e ` ' ~ t ` _ The onorable Nelda Stroder, Mayor " ' City of Richland Hills 1 ~ ~ ~ a Ca.e } y, ~ Y ~ j. ATTEST: ~ • .`v r` s. i ~ j a~a~~ii ~.~~~f ~ t ° l/ a i Sutter, City Secretary APPROVE Tim G. Sralla, City Attorney • JOINT RESOLUTION AND ORDER CALLING ELECTION Page 7 H:ACCPDVOINT 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 Ri 1 nd Hills Crime Control and Prevention District on the 1 sI day of September 2005. ~ J Starnes, Chair of the Temporary Board of irectors of the City of Richland Hills Crime Control and Prevention District ATTEST: Sutter, TRMC Secretary of Temporary Board of Directors City of Richland Hills Crime Control and Prevention District • • JOINT RESOLUTION AND ORDER CALLING ELECTION page g H:\CCPDUOINT RESOLUTION AND ORDER CALLING CCPD ELECTION EV.DOC