CCPD Resolution No. 38 RESOLUTION NO. 38
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME
CONTROL AND PREVENTION DISTRICT ORDERING A CONTINUATION
ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 2015, FOR THE
PURPOSE OF VOTING FOR OR AGAINST THE PROPOSITION OF WHETHER
THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT SHOULD BE
CONTINUED FOR FIVE YEARS AND THE CRIME CONTROL AND PREVENTION
DISTRICT SALES AND USE TAX SHOULD BE CONTINUED FOR FIVE YEARS;
DESIGNATING THE MANNER OF HOLDING SAID ELECTION; PRESCRIBING
THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION;
ESTABLISHING CERTAIN PROVISIONS RELATED THERETO; PROVIDING FOR
THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, the Board of Directors of the Baytown Crime Control and Prevention District (the
"District") finds and determines that it is necessary and advisable to call and hold an election on the
question of whether to continue the District and the associated sales and use tax; and
WHEREAS, it is hereby officially found and determined that said election will be held on a
uniform election date established by Section 41.001(a), Texas Election Code, as amended, as required by
Texas law; and
WHEREAS, the District's Board of Directors(the"Board"),pursuant to the applicable provisions
of the Texas Election Code and a separate resolution(s) of the Board, intends to contract with the
following entities, as applicable, for election services:
➢ the City of Baytown,
➢ the Baytown Fire Control,Prevention,and Emergency Services District, and
➢ Harris and Chambers Counties; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME
CONTROL AND PREVENTION DISTRICT:
Section 1: The statements contained in the preamble of this Ordinance are true and correct
and are hereby adopted as findings of fact and as a part of the operative provisions hereof.
Section 2: That a continuation election of the District, pursuant to Subchapter F of Chapter
363 of the Texas Local Government Code and pursuant to Sections 41.001 and 41.031 of the Texas
Election Code, shall be held between the hours of seven o'clock(7:00) a.m. and seven o'clock(7:00)p.m.
on the P day of November, 2015, in the City of Baytown, Texas, for the purpose of voting for or against
the proposition of whether the Baytown Crime Control and Prevention District should be continued for
five years and the crime control and prevention district sales and use tax should be continued for five
years. If less than a majority of the votes cast in the continuation election are for the continuation of the
District:
(1) the Board shall certify that fact to the Texas Secretary of State not later than the IOth day
after the date of the canvass of the returns; and
(2) the District is dissolved and ceases to operate on the earlier of.
(A) the last day of the district's fiscal year; or
(B) the 180`h day after the date that the continuation or dissolution referendum is
held.
If a majority of the votes cast in the continuation election are for the continuation of the District, the
District shall continue for another five years from the fifth anniversary date that the District began to levy
taxes for District purposes.
Section 3: That the proposition specified in Section 2 hereof shall be presented to the electors
within the District's territory in accordance with law.
Section 4: That the form of the ballot for this special election shall be substantially as follows:
OFFICIAL BALLOT
PROPOSITION NO. 1
[] FOR Whether the Baytown Crime Control and Prevention
District should be continued for five (5) years and the
[] AGAINST crime control prevention district sales and use tax should be
continued for five(5)years.
Section 5: That the election called in Section 2 hereof shall be held as a joint election with the
entities named in the recitals hereof,as appropriate,pursuant to joint election agreements.
Section 6: That the District shall use the polling places along with election officials for the
continuation election ordered in Section 2 hereof as designated by Harris and Chambers Counties.
Section 7: Direct recording electronic (DRE) equipment shall be used for voting at the
designated election precincts, and electronic counting devices and equipment shall be used for counting
the ballots at the election.
Section 8: Each qualified voter who desires to cast an early vote shall be entitled to an official
ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code.
Early voting will be conducted by the Early Voting Clerks at the places designated by Harris County and
Chambers County. Direct recording electronic (DRE) equipment shall be used for early voting by
personal appearance. Early voting by personal appearance shall commence on October 19, 2015, and end
on October 30, 2015,in accordance with the schedules adopted by Harris and Chambers Counties.
Direct recording electronic (DRE) equipment shall be used for early voting by mail in Harris County and
Opti Scan mail ballots shall be used for early voting by mail in Chambers County. Applications for
ballots to be voted by mail should be mailed to:
Stan Stanart Heather Hawthorne
Harris County Clerk Chambers County Clerk
Attn: Elections Division P.O. Box 728
P.O. Box 1148 Anahuac,Texas 77514
Houston,TX 77251-1148
2
Section 9: The Central Counting Stations to receive and tabulate voted ballots shall be at the
locations designated by Harris and Chambers Counties.
Section 10: That the continuation election shall be held in accordance with, and shall be
governed by, the election laws of the State of Texas. In the continuation election, the President and the
Secretary of the District shall do and perform each act as required to be done and performed respectively
by the County Judge and the County Clerk of the Commissioners'Court. The notice of this election shall
be given in accordance with all applicable law. Notice of the continuation election shall also be provided
to Harris County and Chambers County not later than the 60`h day before the date of the election ordered
herein.
Section 11: The Secretary is further authorized to give or cause to be given notices required for
the election, and to take such other and further action as is required to conduct the election in compliance
with the Texas Election Code.
Section 12: In all matters relating to the ordering, giving notice, and holding the elections, the
District shall comply with the applicable parts of the Texas Election Code, including particularly Chapter
272 of the Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act
of 1965,as amended.
Section 13: This resolution shall take effect immediately from and after its passage by the Board
of Directors of the Baytown Crime Control and Prevention District.
INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the
Baytown Crime Control and Prevention District on this the 91h day of June, 2015.
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RIKKI WHEELER,President
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APPROVED AS TO FORM: ti y
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NACIO RAMIREZ, SR., Gen Counsel
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