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18-03 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-03 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, PROPOSING THE CREATION OF THE PROSPER CRIME CONTROL AND PREVENTION DISTRICT; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 363 of the Texas Local Government Code, as amended, known as the Crime Control and Prevention District Act, authorizes the Town of Prosper, Texas, to create a crime control and prevention district, and to levy a sales and use tax for financing thereof; and WHEREAS, Section 363.053 of the Texas Local Government Code requires the proposed sales and use tax to be approved by a majority of the qualified voters of the Town voting at a sales and use tax election called and held for that purpose; and WHEREAS, Section 363.051 of the Texas Local Government Code provides that the creation of a crime control and prevention district may be proposed by a majority vote of the Town Council of the Town of Prosper, Texas; and WHEREAS, the first step in creating a Crime Control and Prevention District is the adoption of an ordinance by the Town Council proposing the District and establishing its boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The Town Council of the Town of Prosper, Texas, does hereby propose the creation of the Prosper Crime Control and Prevention District ("District"), in accordance with Chapter 363 of the Texas Local Government Code, as amended. SECTION 3 The boundaries of the proposed District shall correspond to the boundaries of the Town of Prosper, Texas. SECTION 4 The proposed District shall have all powers, authority, jurisdiction and obligations prescribed by the Crime Control and Prevention District Act, including but not limited to the power to levy a sales and use tax authorized pursuant to Section 363.055 of the Texas Local Government Code and Section 323.105 of the Texas Tax Code. SECTION 5 In accordance with Chapter 363 of the Texas Local Government Code, as amended, creation of the Prosper Crime Control and Prevention District shall occur only after approval by a majority of the qualified voters of the Town voting at a sales and use tax election ordered by the Crime Control and Prevention District's temporary board of directors. SIM If upon the fifth (5th) anniversary date of the passage of this Ordinance, the Prosper Crime Control and Prevention District has not been created, then upon said date the temporary board of directors shall be dissolved in accordance with Section 363.060 of the Texas Local Government Code. SECTION 7 This Ordinance shall take effect immediately upon passage. PASSED AND APPROVED by the Town Council of the Town of Prosper, Texas, on this the 9th day of January, 2018. Terrence S. Welch, Town Attorney APPROVED: f Ray Smith, M yor Ordinance No. 18-03, Page 2