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CCPD Resolution No. 2RESOLUTION NO.2 A RESOLUTION OF THE TEMPORARY BOARD OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT ORDERING THE CREATION AND TAX ELECTION OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT TO BE HELD ON THE 13TH DAY OF MAY, 2006, FOR THE PURPOSE OF CREATING THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT AND LEVYING A SALES AND USE TAX; PROVIDING FOR THE ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY BALLOT BOARD FOR EARLY BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. WHEREAS, on January 26, 2006, the City Council of the City of Baytown proposed the creation of the Baytown Crime Control and Prevention District (the "District ") and prescribed the territory that would comprise the District; and WHEREAS, in accordance with the enabling legislation, the Temporary Board of Directors of the District has held a public hearing on the crime control plan and the budget plan for the District and has approved and adopted such plans; and WHEREAS, the City Council of the City of Baytown has likewise held a public hearing on the crime control plan and the budget plan for the District and has approved such plans; and WHEREAS, the Board of Directors for the District has satisfied all prerequisites to ordering the creation and tax election and now desires to order the same; NOW THEREFORE BE IT RESOLVED BY THE TEMPORARY BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT: Section 1: That the creation and tax election of the Baytown Crime Control and Prevention District, prescribed in 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 13`" day of May, 2006, in the District's territory, which is the incorporated limits of the City of Baytown, Texas (the "Territory") for the purpose of creating the Baytown Crime Control and Prevention District and levying a one - eighth of one percent (1/8 %) sales and use tax. Section 2: That the approved crime control plan is designed to enhance public safety in the City of Baytown and specifies methods for annually evaluating the effectiveness and efficiency of the crime control and crime prevention strategies identified in the plan. Those strategies to be supported by the District include additional police officers for specific targeted response to select criminal activity, for replacement of patrol shifts for short periods of time for training purposes, and for additional manpower for the existing DOT unit. The plan also provides for additional vehicles for increased patrol and response activities as well as mobile data terminals needed in the field to provide a means of better communications for officers, enhanced access to necessary information, and a safer environment. Section 3: That the approved budget plan provides the necessary resources to further the purposes of the approved crime control plan. Specifically, the budget plan allows for a one - eighth of one percent (1/8%) sales and use tax on retail items for an initial five (5) year period. The budget plan for the first two (2) years is summarized as follows: YEAR 1 REVENUES sales and use tax based upon 1/8 of one percent) Election Officials $750,000 USES (Consisting of that portion of Additional Police Officers $600000 Chambers County Voting Precinct Additional Vehicles 48 000 No. 11 within the Territory) Mobile Data Terminal Program 52,000 No. 12/533 Cost of Administration of Strategies* 0 (Consisting of that portion of Harris AVAILABLE FOR YEAR 2 Ima Rodriguez, Judge $ 50,000 YEAR 2 REVENUES sales and use tax based upon 1/8 of one percent) 533 within the Territory) S750,000 USES No. 13 William B. Travis Elementary Additional Police Officers $600,000 School Additional Vehicles 72,000 100 Robin Road Mobile Data Terminal Program 52,000 Baytown, Texas Cost of Administration of Strategies* 0 Jessie Lee Pumphrey Elementary AVAILABLE FOR YEAR 3 (Consisting of that portion of Harris $ 76,000 *Includes both administrative costs conducted by the District and private or public entities, as 0% of the total revenues is budgeted for administration of the above - referenced strategies. Section 4: That the form of the ballot for said election shall be substantially as follows: PROPOSITION NO. I [ J FOR The creation of the Baytown Crime Control and Prevention District dedicated to [ ] AGAINST crime reduction programs and the adoption of a proposed local sales and use tax at a rate of one - eighth of one percent (1/8 %). Section 5: That the Territory is hereby divided into Election Precincts and their polling places and election officials shall be for the purpose of this election as follows: PRECINCT LOCATION Election Officials No. 11 Chambers County Community (Consisting of that portion of Building -Cedar Bayou Annex 7711 Marsha Johnson, Judge Chambers County Voting Precinct Highway 146 Tracy Fuqua, Alternate Judge No. 11 within the Territory) Baytown, Texas No. 12/533 John M. Stuart Career Center (Consisting of that portion of Harris 300 Wye Drive Ima Rodriguez, Judge County Voting Precinct Nos. 12 and Baytown, Texas Leah Rodriguez, Alternate Judge 533 within the Territory) No. 13 William B. Travis Elementary G. K. Fu son, Judge (Consisting of that portion of Harris School Deborah Hutchinson, Alternate County Voting Precinct No. 13 100 Robin Road Judge within the Territo Baytown, Texas No. 28/739 Jessie Lee Pumphrey Elementary Don Teter, Judge (Consisting of that portion of Harris 4901 Fairway Drive Vivian Lavigne, Alternate Judge 2 PRECINCT LOCATION Election Officials County Voting Precinct Nos. 28 and Baytown, Texas 739 within the Territory) No. 99 Sterling Municipal Library (Consisting of that portion of Hams Mary Elizabeth Wilbanks Avenue Gil Gerlich, Judge County Voting Precinct No. 99 Baytown, Texas Carl Brandon, Alternate Judge within the Territory) No. 100 St. John's Methodist Church (Consisting of that portion of Hams 501 S. Alexander Drive Anita Meismer, Judge County Voting Precinct No. 100 Baytown, Texas Chris Meismer, Alternate Judge within the Territory) No. 102 San Jacinto Elementary (Consisting of that portion of Harris 2615 Virginia Elida Santana, Judge County Voting Precinct No. 102 Baytown, Texas Julia Garza, Alternate Judge within the Territory) No. 248 Carver Elementary Carmen Torres, Judge (Consisting of that portion of Harris 600 Pruett Yolanda Whitford, Alternate Judge County Voting Precinct No. 248 Baytown, Texas within the Territory) No. 249 DeZavala Elementary (Consisting of that portion of Harris 305 Tri-City Beach Road Malcolm Henderson, Judge County Voting Precinct No. 249 Baytown, Texas Robert Kelley, Alternate Judge within the Territory) No. 386 Gentry Junior School (Consisting of that portion of Harris 1919 Archer Road Tom Cottar, Judge County Voting Precinct No. 386 Baytown, Texas Bill Allen, Alternate Judge within the Territory) No. 414 Cedar Bayou Junior School (Consisting of that portion of Harris 2410 Cedar Bayou Pamela Lewis, Judge County Voting Precinct No. 414 Baytown, Texas Susan Pruett, Alternate Judge within the Territory) No. 456/103 Ross S. Sterling High School (Consisting of that portion of Hams 300 W. Baker Gerri Ybarra, Judge County Voting Precinct Nos. 103, Baytown, Texas Dora Romo, Alternate Judge and 456 No. 532 James Bowie Elementary (Consisting of that portion of Harris 2200 Clayton Lynda Kilgore, Judge County Voting Precinct No. 532 Baytown, Texas Annette Barber, Alternate Judge within the Territory) Section 6: In addition to the presiding judge and alternate judge for each precinct hereinabove designated, the respective presiding judge for each precinct and the Early Ballot Board as herein provided, shall be authorized to appoint a sufficient number of clerks as they may deem necessary to assist them in said election, provided, however, that the number of clerks appointed by said presiding judge for each polling place shall not be less than two, including the alternate judge also serving as a clerk. Section 7: The judges and clerks shall be compensated at the rate of THIRTEEN AND NO/ 100 DOLLARS ($13.00) per hour and TEN AND NO /100 DOLLARS ($10.00) per hour, respectively. No judge or clerk shall be paid for more than one hour of work before the polls open and no period of time subsequent to two hours after the voting is concluded by all voters offering themselves for voting during regular voting hours, whichever is later. The election judges shall also receive $25.00 for attending training and picking up 3 election supplies. The District shall be responsible for those costs as specified in the joint election agreement if the majority of the votes cast in the election favor the creation of the District. Section 8: Direct recording electronic (DRE) equipment shall be used for voting at the foregoing election precincts, and electronic counting devices and equipment shall be used for counting the ballots at the election. Section 9: 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 Office of the Assistant Secretary of the District in the City Council Chamber of the City Hall of the City of Baytown, located at 2401 Market Street. Should the District enter into a joint election agreement with the City of Baytown and should the Goose Creek Consolidated Independent School District ( "School District ") hold an election on May 13, 2006, branch early voting will be conducted at the School District's Administration Building. The Assistant Secretary is hereby appointed the early voting clerk. Paper ballots shall be used for early voting by mail and direct recording electronic (DRE) equipment shall be used for early voting by personal appearance. Early voting by personal appearance shall commence on May 1, 2006, at seven o'clock (7:00) a.m., and end at seven o'clock (7:00) p.m. on May 9, 2006. Early voting by personal appearance shall be conducted during the regular business hours of the Assistant Secretary's Office each weekday from eight o'clock (8:00) a.m. until five o'clock (5:00) p.m., except on May 1, 2006, and May 9, 2006. On such days, the Assistant Secretary's regular business hours are hereby designated as seven o'clock (7 :00) a.m. to seven o'clock (7:00 p.m.). Section 10: That this election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In this creation and tax election, the Chairman of the Temporary Board of Directors of the Baytown Crime Control and Prevention District and the Assistant 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 proclamation of this election shall be issued and posted on the bulletin board used for posting notices of meetings not later than the twenty-first (21st) day before the date of said election. Section 11: The Board Conference Room of the Administration Building of the Goose Creek Consolidated Independent School District, located at 4544 Interstate 10 East, is hereby established as the Central Counting Station to receive and tabulate voted ballots. However, should the Goose Creek Consolidated School District not hold an election on the 13'x' day of May, 2006, or should the City and the District not enter into a joint election agreement, the Council Chambers and Hullum Conference Room of the City Hall of the City of Baytown, located at 2401 Market Street, shall be the Central Counting Station to receive and tabulate voted ballots. Section 12: The following persons are hereby authorized and approved as persons employed and designated to handle the ballots, operate the tabulating equipment, count the ballots, and be present in the Central Counting Station: 1. Central Counting Station Presiding Judge: Betty Troutman 2. Central Counting Station Manager: Assistant Secretary Lorri Coody 3. Tabulation Supervisor: Assistant Secretary Lorri Coody 4. Clerks: To be named by the Presiding Judge 5. Programmer: Representative from Hams County Clerk's Office 4 Section 13: There is hereby created an Early Voting Ballot Board which shall process early voting results. Betty Troutman is hereby appointed Presiding Judge of the Early Voting Ballot Board, and she shall appoint such other members as provided in Section 87.002(b) of the Texas Election Code. Section 14: A committee is hereby established of the following persons to hold three computer accuracy tests in accordance with Section 127.093 of the Texas Election Code: 1. Central Counting Station Presiding Judge: Betty Troutman 2. Central Counting Station Manager: Assistant Secretary Lorri Coody 3. Tabulation Supervisor: Assistant Secretary Lorri Coody 4. Programmer: Representative from Harris County Clerk's Office Section 15: The Chairman of the Temporary Board of Directors of the District is hereby directed to give notice of said elections by publishing a substantial copy of the election order in a newspaper with general circulation in the proposed District once a week for two consecutive weeks. The first publication must appear before the 35th day before the date set for the election. Section 16: 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 17: This resolution shall take effect immediately from and after its passage by the Temporary Board of Directors of the Baytown Crime Control and Prevention District. INTRODUCED, READ and PASSED by the affirmative vote of the Temporary Board of Directors of the Baytown Crime Control and Prevention District on this the 9`h day of March, 2006 CALVIN MUNDINGER, Chai Secretary APPROVED AS TO eMNACfO RAMIREZ, General Counsel RAKaren\Files \City Council\Crime Control & Prevention District\ 2006\ CallingCCPDCreationTaxE lection.doc