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Order of Election for CCPD_2-20-2013ORDER OF ELECTION FOR THE CREATION OF THE TROPHY CLUB TEXAS CRIME CONTROL AND PREVENTION DISTRICT AN ORDER OF THE TEMPORARY BOARD OF DIRECTORS OF THE PROPOSED TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT TO CALL A SPECIAL ELECTION ON A MEASURE TO BE HELD ON MAY 11, 2013 PURSUANT TO CHAPTER 363 OF THE TEXAS LOCAL GOVERNMENT CODE; PLACING A PROPOSITION BEFORE THE VOTERS TO CREATE A CRIME CONTROL AND PREVENTION DISTRICT WITHIN THE TOWN OF TROPHY CLUB, TEXAS, DENTON AND TARRANT COUNTIES; DESIGNATING THE LOCATION OF A POLLING PLACE WITHIN THE TOWN; PROVIDING HOURS DURING WHICH POLLS WILL BE OPEN; PROVIDING A SUMMARY OF THE APPROVED BUDGET PLAN AND CRIME CONTROL PLAN FOR THE PROPOSED DISTRICT; AND PROVIDING THE PROPOSED RATE OF THE SALES AND USE TAX FOR THE DISTRICT; ESTABLISHING A DATE FOR CANVASSING RETURNS; REQUESTING THAT THE TOWN TAKE ALL NECESSARY ACTIONS TO PLACE THE PROPOSITION FOR THE CREATION OF THE DISTRICT ON THE MAY, 2013 BALLOT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the second Saturday of May as a Uniform Election Date for the purposes of conducting a General or Special Election; and WHEREAS, the Town Council took action on November 14, 2012 to propose the creation of a Crime Control and Prevention District within the boundaries of the Town of Trophy Club, Texas; and WHEREAS, on December 10, 2012, pursuant to Resolution No. 2012-34, the Town Council created a Temporary Board of Directors for the proposed Trophy Club Crime Control and Prevention District (hereinafter "District') and appointed seven (7) members to serve as the Temporary Directors for the District; and WHEREAS, the Temporary Directors of the proposed Trophy Club Crime Control and Prevention District have approved a proposed two-year budget plan and a proposed two-year crime control plan; and WHEREAS, Section 363.054 of the Texas Local Government Code authorizes the Temporary Directors of a proposed crime control and prevent district to order a creation election for a district after a majority of the Temporary Directors have approved a budget plan and a crime control plan; and WHEREAS, Section 363.059 of the Texas Local Government Code provides that if a majority of the votes cast at an election favor the creation of a District, the Temporary Directors shall meet and canvas the returns of the election and subsequently issue an order declaring the District created; and WHEREAS, the Temporary Directors of the proposed District is the authority empowered to call an election for the creation of the Trophy Club Crime Control and Prevention District pursuant Texas Local Government Code, Chapter 363, and after adoption of this Order, the Temporary Directors request that the Trophy Club Town Council include the Creation Proposition set forth below in the Town's ordinance calling the May, 2013 election and on the ballot for the May, 2013 election. WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County for the purpose of having Denton County provide election services for both the Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Election Code under the jurisdiction of the Denton County Elections Administration (the "Elections Administrator") pursuant to an Election Services Contract (the "Contract") by and among Denton County Elections Administration ("DCEA"), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein by reference; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of the main early voting polling place; and, NOW, THEREFORE, BE IT ORERED BY THE TEMPORARY DIRECTORS OF THE CRIME CONTROL AND PREVENTION DISTRICT: Section 1. Pursuant to the authority of Chapter 3 of the Title 1 of the Texas Election Code and the authority of Chapter 363 of the Texas Local Government Code, the Temporary Directors of the Crime Control and Prevention District desire to and hereby order and call a Special Election on a measure to be held on May 11, 2013. Section 2. The proposition to appear on the ballot shall be and read as follows: The creation of the Trophy Club, Texas Crime Control and Prevention District dedicated to crime reduction programs and the adoption of a proposed local sales and use tax at a rate of one-fourth of one percent. For ( ) Against( ) Page 2 of 7 Section 3. The Crime Control Plan includes the following strategies: • Enhance the efficiency and effectiveness of the Trophy Club Police Department through development of a needs assessment and engage engineering experts to plan and implement a new police facility (Plan Year 1). Utilize funding in CCPD budget to offset overall construction costs of the facility (Plan Year 2). • Enhance the crime fighting capabilities of the Trophy Club Police Department through the acquisition of equipment and technology to include the addition of TASER equipment, a fifth patrol unit and emergency equipment for that patrol unit, an Automatic External Defibrilator (AED) for each patrol unit and the police building, testing of standardized weapons for officers, Opti-con equipment, and a review of available Automatic License Plate Recognition (ALPR) Systems, technology to resolve software compatibility issues between P.D. and Court, rapid response equipment and training, and an awning to protect vehicles and equipment from heat damage (Plan Year 1). TASER use and an analysis of the TASER program would continue during Plan Year Two, a sixth patrol unit and emergency equipment for that patrol unit, including an AED and Opti-con, would be added, purchase standardized weapons and provide training, and begin phase -in purchase of ALPR System (Plan Year 2). • Increase the capabilities of the Trophy Club Police Department through increased staffing in specific areas, including the addition of a School Resource Officer if justified and with NISD participation. The Budget Plan is based on a tax rate of one fourth of one cent of sales tax which will yield an estimated $160,000 in revenue. Revenue will be used to fund the strategies and initiatives of the adopted crime control plan. Section 4. The Temporary Directors request that the Trophy Club Town Council include the Creation Proposition set forth below in the Town's ordinance calling the May, 2013 election and on the ballot for the May, 2013 election. Section 6. All resident, qualified voters of the Town shall be eligible to vote at the Election. Section 6. The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County are set forth in Exhibit "A", a copy of which is attached hereto and incorporated herein. Exhibit "A" shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant County residents upon announcement by the Denton County Elections Administrator. Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit "A" may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County. Page 3 of 7 In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may only vote on the proposition for the creation of the Trophy Club Crime Control and Prevention District at the Svore Municipal Building Boardroom, 100 Municipal Drive, Trophy Club, Texas. The Elections Administrator is hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. On Election Day, the polling place for Tarrant County Trophy Club voters to vote on the creation of the Trophy Club Crime Control and Prevention District shall be at the Svore Municipal Building Boardroom, 100 Municipal Drive, Trophy Club, Texas. On Election Day, Denton County Trophy Club voters shall be at the Svore Municipal Building Boardroom, 100 Municipal Drive, Trophy Club, Texas. Section 7. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the location designated on Exhibit "A" hereto. The main early voting polling place is hereby designated to be Joseph A. Carroll County Administration Building, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "A" hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Temporary Board, as is necessary for the proper conduct of the Election. Section 8. Compensation for election judges and alternate judges for their service in the Election shall be determined by the Elections Administrator. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the May 11, 2013 election at Denton County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 11, 2013 election, the Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of Page 4 of 7 the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. Section 9. The election materials enumerated in the Texas Election Code ("Code") shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish- speaking voters. Section 10. The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 11. Notice of the Election shall be given by posting a notice containing a substantial copy of this Order in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and other Boards and Commissions and by publication of a substantial copy of this Election Order in a newspaper of general circulation published within the Town of Trophy Club as the area proposed for the District, one (1) time per week for two (2) consecutive weeks with the first publication appearing at least thirty-six (36) days prior to the date set for the Election. Section 12. Pursuant to Section 363.059 of the Texas Election Code, the Temporary Board of the proposed District will canvass the election not earlier than May 13, 2013 and not later than May 24, 2013. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for Town Council meetings in accordance with the Chapter 551 of the Local Government Code. Section 13. The Town Secretary of the Town, in consultation with the Town Attorney, is hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. Section 14. It is hereby declared to be the intent of the Temporary Board of Directors of the proposed Trophy Club Crime Control and Prevention District that the phrases, clauses, sentences, paragraphs, and sections of this Order are severable, and if any phrase, clause, sentence, paragraph, or section of this Order shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Order, since the same would have been enacted by the Temporary Board of Directors without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. Page 5 of 7 Section 15. The Town Secretary of the Town of Trophy Club is hereby directed to enter this Order containing a description of the proposed measure in the official records of the Town Council pursuant to Section 3.008 of the Texas Election Code. Section 16. This Order shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 20`h day of February, 2013. iiy6� Chair, Dena Boudreau Temporary Board of Directors of Proposed Crime Control and Prevention District ATTEST: Shannon D Club, Texas * )"/N bl � &119Y 119$y�4 APPROVED AS TO FORM: -�-('Wr"�'9 Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Page 6 of 7 EXHIBIT A In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County per the Joint Election Agreement and Contract for Election Services with Denton County. Trophy Club Tarrant County voters who are voting on the creation of the Trophy Club Crime Control and Prevention District may only vote at at the Svore Municipal Building Boardroom, 100 Municipal Drive, Trophy Club, Texas. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. NOTICE FOR EARLY VOTING Denton County Main Early Voting Location 701 Kimberly Drive, Suite A101, Denton, Texas 76208 Town of Trophy Club Early Voting Location Svore Municipal Building Boardroom 100 Municipal Drive Monday, April 29 Tuesday, April 30 Wednesday, May 1 Thursday, May 2 Friday, May 3 Saturday, May 4 Monday, May 6 Tuesday, May 7 8:00 a.m. — 5:00 p.m. 8:00 a.m. — 5:00 p.m. 8:00 a.m. — 5:00 p.m. 8:00 a.m. — 5:00 p.m. 8:00 a.m. — 5:00 p.m. 8:00 a.m. — 5:00 p.m. 7:00 a.m. — 7:00 p.m. 7:00 a.m. — 7:00 p.m.