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Home My Public Portal AboutCCPD Resolution and Order No. 356-10 02-09-2010RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT RESOLUTION AND ORDER NO. 356-10 WHEREAS, the voters, by a majority of the persons voting, previously created the Richland Hills Crime Control and Prevention District, and voted to create a Crime Control and Prevention District sales tax for an additional five years; and WHEREAS, the Richland Hills Crime Control and Prevention District will expire unless reauthorized by the voters of the city; and WHEREAS, the Board of Directors of the Richland Hills Crime Control and Prevention District is authorized under Section 363.25l(b) to order a referendum on continuation of the district by majority vote; and WHEREAS, the regular city election will occur on May 8, 2010 and the holding of the Crime Control and Prevention District continuation election simultaneously with the city election will reduce the cost to taxpayers of such election; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT: SECTION 1. ORDER OF ELECTION A referendum is hereby ordered to be held on the 8th day of May, 2010, from 7:00 a.m. until 7:00 p.m. with early voting as provided herein and as provided by law, wherein the eligible voters residing within the Richland Hills Crime Control and Prevention District shall be permitted to vote for or against the following proposition: Whether the Richland Hills Crime Control and Prevention District should be continued for five years and the Crime Control and Prevention District sales tax of three-eighth cent should be continued. SECTION 2. JOINT ELECTION Such election shall be held jointly with the joint election of the mayor and city council members and the election of other political subdivisions. The Chair or the Secretary of the Board is hereby authorized to contract (the "Contract") with Tarrant County for joint election services. In the event of a conflict between this Resolution and the Contract, the Contract shall control. SECTION 3. POLLING PLACES The location of the primary polling place for this joint election is located in Richland Hills, Tarrant County, Texas and is designated as follows: Richland Hills Community Center 3204 Diana Drive Richland Hills , Texas 76118 Other polling places may be provided as provided in the Contract. The polls shall be open from 7:00 a.m. to 7:00 p.m. on Saturday, May 8, 2010, in accordance with and pursuant to the requirements of the Texas Election Code. The District shall constitute a single election precinct for said election. SECTION 4. ELECTION OFFICIALS All election officials, including the Early Voting Clerk shall be the officials appointed to such positions by Tarrant County and to the extent required by law, are hereby so appointed. The Tarrant County Election Administrator is hereby appointed to serve as the Early Voting Clerk and the Election Administrator's permanent county employees are appointed as deputy early voting clerks . The address of the Early Voting Clerk is: Steve Raborn, Tarrant County Elections Administrator, Early Voting Clerk 2700 Premier, P.O. Box 961011 Fort Worth , Texas, 76161- 0011. SECTIONS. EARLY VOTING Early voting will be held jointly with other Tarrant County public entities at the Richland Hills Community Center, 3204 Diana Drive, Richland Hills , Texas, 76118; and at the other locations established by the Tarrant County Elections Administrator. The Order of the Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. Early voting will begin on April 26, 2010 and will continue through May 4 , 2010 at the times as follows: April 26-30 Monday -Friday May 1 Saturday May2 Sunday May 3-4 Monday -Tuesday Richland Hills Crime Control and Prevention District Resolution W:\Richland Hills\Crime Control District\CCD extension2010.doc 8:00 a.m. -5:00 p.m. 7:00 a.m. -7:00 p.m. 11 :00 a.m. -4:00 p.m. 7:00 a.m. -7:00 p.m. SECTION 6. ELECTION DAY POLLING PLACE All resident qualified electors of the District shall be permitted to vote at said election and , on the day of the election , such electors shall vote at the polling place designated for the E lection Precinct in which they reside , and as designated herein , and at such other locations as designated by the Tarrant County Elections Administrator. SECTION 7. CONSTRUCTION WITH JOINT ELECTION CONTRACT This resolution shall be construed as being consistent with any action of the Tarrant County Commissioners court, the governing bodies of other Tarrant County political subdivisions , and the Tarrant County Elections Administrator providing for the conduct of a joint election with other public entities as herein contemplated . SECTIONS. GOVERNING LAW The election shall be held in accordance with the Constitution of the State of Texas , the Texas Election Code , and other applicable law. SECTION 9. SUBMISSION TO THE UNITED STATES JUSTICE DEPARTMENT The City Attorney of the City of Richland Hills is hereby authorized to prepare a submission to the United States Justice Department to seek pre-clearance for the General Election as required by law and as provided in the Legal Documents section of the Contract. SECTION 10. NECESSARY ACTIONS The Chair and the 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 and all other applicable law in carrying out and conducting the election , whether nor not expressly authorized by this Order. SECTION 11. SEVEREABLITY CLAUSE It is hereby declared to be the intention of the Board that the sections , paragraphs , sentences, clauses and phrases of this order are severable and if any phrase , clause, sentence , paragraph , or section shall be declared invalid or unconstitutional by the valid judgment or decree of an y court of competent jurisdiction, such invalidity or unconstitutionality shall not Richland Hills Crime Control and Prevention District Resolution W:\Richland Hills\Crime Control District\CCD extension2010.doc affect any of the remaining phrases , clauses , sentences, paragraphs and sections of this order, since the same would have been enacted by the Board without the incorporation in this order of an y such invalid or unconstitutional phrase , clause , sentence, paragraph or section. SECTION 12. NOTICE AND PUBLICATION This Resolution shall serve as the Order of Election (as required by Section 3.001 of the Tex as Election Code) and as the Notice of E lection (as required by Section 4 .001 of the Texas Election Code) for the Election . The Secretary is directed to provide notice of the election as required by state law. SECTION 13. EFFECTIVE DATE This order shall be effective upon its adoption. IT IS SO RESOLVED AND ORDERED BY THE BOARD OF DIRECTORS OF l~ RICHLAND HILLS CRIME CONTROL AND PREVENT~ON D STRICT ON THE .1...=. DAY OF FEBRUARY, 2010. ) _ . /U By : ~ c::/) ATTEST: Chair of the Board of Directo Richland Hills Crime Control and Prevention District OVED J\S T: FORM AND LEGALITY : .~(r;flZ Tim G. Sralla, Attorney Richland Hills Crime Control and Prevention District Resolution W:\Richland Hills\Crime Control District\CCD extension2010.doc