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18-13 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-13 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD JOINTLY WITH THE PROSPER INDEPENDENT SCHOOL DISTRICT AND ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR AND THE DENTON COUNTY ELECTIONS ADMINISTRATOR ON MAY 5, 2018, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE PROSPER TOWN COUNCIL (PLACE 2 AND PLACE 6) TO FILL EXPIRING TERMS; DESIGNATING POLLING PLACES; DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; APPOINTING AN ELECTION JUDGE; AUTHORIZING EXECUTION OF JOINT ELECTION AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 A General Election is hereby ordered for the Town of Prosper, Texas ("Prosper"), to be held jointly with the Prosper Independent School District on Saturday, May 5, 2018, for the purpose of electing two (2) Town Council members to fill the expiring terms of Town Council Place 2 and Town Council Place 6 ("General Election"), said General Election shall be administered by the Collin County Elections Administrator and the Denton County Elections Administrator. SECTION 2 No person's name shall be placed upon the ballot as a candidate for council member unless such person has filed his or her sworn application as provided by Section 141.03 of the Texas Election Code, with the Town Secretary at the Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, not later than 5:00 p.m., on the 16th day of February, 2018. The Town Secretary shall note on the face of each such application the date of such filing. Such application shall include the office the candidate is seeking. SECTION 3 Qualified voters of the following election precincts shall cast ballots for the General Election at the heretofore established and designated polling places, as follows: Town Precincts 199, 178, 224, and 214 (Collin County) 1044 (Denton County) Polling Place Prosper ISD Central Administration Building 605 E. 7th Street Prosper, Texas 75078 Denton County Elections Administration 701 Kimberly Drive Denton, Texas 76208 General Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the General Election, Saturday, May 5, 2018. SECTION 4 Early voting by personal appearance for Denton County residents shall be available at the Denton County Elections Office, 701 Kimberly Drive, Denton, Texas 76208, from 8:00 a.m. to 5:00 p.m., Monday through Saturday, beginning on Monday, April 23, 2018, and continuing through Saturday, April 28, 2018, which is not a Sunday or any official state holiday, with extended voting hours being held on Monday, April 30, 2018, from 7:00 a.m. to 7:00 p.m., and Tuesday, May 1, 2018, from 7:00 a.m. to 7:00 p.m. Early voting by personal appearance for Collin County residents shall be available at the Town of Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas 75078, from 8:00 a.m. to 5:00 p.m., Monday through Saturday, beginning on Monday, April 23, 2018, and continuing through Saturday, April 28, 2018, which is not a Sunday or any official state holiday, with extended voting hours being held on Thursday, April 26, 2018, from 8:00 a.m. to 7:00 p.m., Monday, April 30, 2018, from 7:00 a.m. to 7:00 p.m., and Tuesday, May 1, 2018, from 7:00 a.m. to 7:00 p.m. Applications for a ballot by mail shall be requested from and returned to the Collin County Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd, Suite 102, McKinney, Texas 75069, election ODcollincountvtx.gov, or to the Denton County Elections Administration Office, Attn: Elections Administrator, 701 Kimberly Drive, Denton, Texas 76208, elections@dentoncounty.com. Applications for a ballot by mail must be received no later than the close of business on April 24, 2018. Town and School District voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administrator or the Denton County Elections Administrator, which may be designated after February 16, 2018. This previous sentence shall also be posted in the Notice of Election. SECTION 5 Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate packets are available in the Town Secretary's Office. The candidate filing deadlines for the General Election for Town Council Place 2 and Place 6 are as follows: General Election Filing for the Position of Town Council Place 2 and Place 6 January 17, 2018, beginning at 8:00 a.m. through February 16, 2018 ending at 5:00 p.m. Candidates must file in the Town Secretary's Office located at 121 W. Broadway Street, Prosper, Texas. SECTION 6 Voting equipment that has been duly approved by the Secretary of State pursuant to the Texas Election Code shall be used in this General Election for early voting by personal appearance, General Election Day voting, and early voting by mail. Ordinance No. 18-13, Page 2 SECTION 7 The Town Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this General Election. The General Election, including providing notice of the General Election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the Town shall be eligible to vote at the General Election. SECTION 8 The Election Officer shall arrange for the appointment, notifications, training and compensation of all election judges and alternate judges in accordance with the law. The presiding Judge shall appoint not less than two (2) nor more than nine (9) qualified elections clerks to serve and assist in the conduct of the election in accordance with the law. SECTION 9 The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the General Election, whether or not expressly authorized herein. The Town Manager is hereby authorized to execute Election Services agreements with the Collin County Election Administration, the Denton County Election Administration, and the Prosper Independent School District for the General Election on May 5, 2018. SECTION 10 This ordinance and order for a General Election shall be effective from and after the passage of this ordinance. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN MP l f)V;4TON COUNTIES, TEXAS, ON THIS THE 13TH DAY OF FEBRUARY, 201�� 0 C p Q 41° APPROVED: J n a 4ft n . ° t n d0 Ray Smith Mayor ATTEST: ° 1 , Tow n APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 18-13, Page 3 TOWN OF PROSPER, TEXAS JOINT ELECTION ORDER A JOINT ELECTION ORDER OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THE TEMPORARY BOARD OF DIRECTORS OF THE TOWN OF PROSPER CRIME CONTROL AND PREVENTION DISTRICT AND THE TEMPORARY BOARD OF DIRECTORS OF THE TOWN OF PROSPER FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT, ORDERING A SPECIAL ELECTION TO BE HELD ON MAY 5, 2018, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE PROPOSED DISTRICTS COMPRISING THE TOWN OF PROSPER, TEXAS, A BALLOT PROPOSITION TO ADOPT A SALES AND USE TAX FOR EACH PROPOSED DISTRICT AT THE RATE OF ONE-FOURTH OF ONE PERCENT DEDICATED TO CRIME CONTROL AND PREVENTION PROGRAMS AND TO FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES PROGRAMS, RESPECTIVELY, AND REPEALING THE ADDITIONAL SALES TAX FOR PROPERTY TAX RELIEF AT THE RATE OF ONE-HALF OF ONE PERCENT; SUBMITTING TO THE QUALIFIED VOTERS OF THE PROPOSED FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT COMPRISING THE TOWN OF PROSPER, TEXAS, A BALLOT PROPOSITION TO DESIGNATE THAT THE TOWN COUNCIL OF THE TOWN OF PROSPER MAY BY RESOLUTION BE APPOINTED AS THE BOARD OF DIRECTORS FOR SAID DISTRICT; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PROVIDING A SUMMARY OF THE PROPOSED BUDGET PLAN AND FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES PLAN; PROVIDING A SUMMARY OF THE PROPOSED BUDGET PLAN AND CRIME CONTROL PLAN; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code, as amended, establishes May 5, 2018, as a "uniform election date" for the purposes of conducting a special election; and WHEREAS, the Town of Prosper, Texas, currently imposes a local sales and use tax at a combined rate of 8.25 percent; and WHEREAS, Chapter 363 of the Texas Local Government Code authorizes the adoption of the crime control and prevention district sales and use tax for the purposes of crime control and prevention programs; and WHEREAS, Section 321.108 of the Texas Tax Code authorizes the adoption of a municipal sales and use tax for a municipal crime control and prevention district; and WHEREAS, Chapter 344 of the Texas Local Government Code authorizes the adoption of the fire control, prevention, and emergency medical services district sales and use tax for the purposes of fire safety and emergency medical services programs; and WHEREAS, Section 321.106 of the Texas Tax Code authorizes the adoption of a municipal sales and use tax for a municipal fire control, prevention and emergency medical services district; and WHEREAS, the Temporary Board of Directors of the proposed Town of Prosper Crime Control and Prevention District has determined that the proposed district shall conduct an election to ascertain whether a crime control and prevention district sales and use tax at the rate of one- fourth of one percent shall be imposed within the said district pursuant to Chapter 363 of the Texas Local Government Code, for the purposes of crime reduction programs; and WHEREAS, the Temporary Board of Directors of the proposed Town of Prosper Fire Control, Prevention, and Emergency Medical Services District has determined that the proposed district shall conduct an election to ascertain whether a fire control, prevention, and emergency medical services district sales and use tax at the rate of one-fourth of one percent shall be imposed within the said district pursuant to Chapter 344 of the Texas Local Government Code, for the purposes of fire safety and emergency medical services programs; and WHEREAS, the Town Council of the Town of Prosper has determined that an election should be called simultaneously relative to the repeal of the additional sales tax for property tax relief at the rate of one-half of one percent; and WHEREAS, Section 344.101(e) of the Texas Local Government Code authorizes the Town Council of the Town of Prosper, Texas, to serve as the Board of Directors of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District and further, "may appoint the governing body's membership as the board of directors of the district, if the appointment is approved by the voters in a creation election or continuation referendum under this chapter." NOW, THEREFORE, BE IT ORDERED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THE TEMPORARY BOARD OF DIRECTORS OF THE TOWN OF PROSPER CRIME CONTROL AND PREVENTION DISTRICT AND THE TEMPORARY BOARD OF DIRECTORS OF THE TOWN OF PROSPER FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT, THE FOLLOWING: SECTION 1 All of the above premises are found to be true and correct and are incorporated into the body of this Order as if copied in their entirety. SECTION 2 That a Special Election in the proposed district of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District, comprising the Town of Prosper, Texas, as prescribed by Chapter 344 of the Texas Local Government, and Chapter 321 of the Texas Tax Code, and that a Special Election in the proposed district of the Town of Prosper Crime Control and Prevention District, comprising the Town of Prosper, Texas, as prescribed by Chapter 363 of the Texas Local Government, and Chapter 321 of the Texas Tax Code, and that a Special Election in the Town of Prosper, Texas, relative to the repeal of the additional sales tax for property tax relief at the rate of one-half of one percent, shall be held between the hours of seven o'clock a.m. (7:00 a.m.) and seven o'clock p.m. (7:00 p.m.) on May 5, 2018. Joint Election Order —Page 2 SECTION 3 The purpose of the Special Election in the proposed district of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District, comprising of the Town of Prosper, Texas, is to consider two ballot propositions to adopt a Fire Control, Prevention, and Emergency Medical Services sales and use tax, at the rate of one-fourth of one percent dedicated to fire safety and emergency medical services programs, and whether the Town Council of the Town of Prosper may serve as the Board of Directors of the Fire Control, Prevention, and Emergency Medical Services District. The purpose of the Special Election in the proposed district of the Town of Prosper Crime Control and Prevention District, comprising of the Town of Prosper, Texas, is to consider a ballot proposition to adopt a Crime Control and Prevention sales and use tax, at the rate of one-fourth of one percent dedicated to crime reduction programs. Pursuant to Section 321.409(a), Texas Tax Code, the Town Council of the Town of Prosper, Texas, determines that the Special Election shall also include language repealing the additional sales tax for property tax relief at the rate of one-half of one percent, as approved by the Town Council of the Town of Prosper, Texas, and the ballot language shall reflect same. SECTION 4 Voting on the date of the Election, and early voting therefor, shall be by the use of a lawfully approved voting system. The preparation of the voting equipment to be used in connection with such voting system and the official ballots for the Election shall conform to the Texas Election Code, as amended, so as to permit the electors to vote "For" or "Against" the Propositions. Said ballots shall have printed therein such provisions, markings, and language as may be required by law, and the Propositions shall be set forth on said ballots in substantially the following form and language: TOWN OF PROSPER SPECIAL ELECTION Town of Prosper Fire Control, Prevention, and Emergency Medical Services District and Town of Prosper Crime Control and Prevention District May 5, 2018 OFFICIAL BALLOT TOWN OF PROSPER PROPOSITION A FOR AGAINST "The creation of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District dedicated to fire safety and emergency medical services programs and the adoption of a proposed local sales and use tax at a rate of one-fourth of one percent, and the creation of the Town of Prosper 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, and the abolition of the additional sales and use tax for property tax relief within the Town of Prosper at the rate of one-half of one percent." Joint Election Order —Page 3 TOWN OF PROSPER PROPOSITION B FOR AGAINST "Should the eligible voters authorize the creation of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District dedicated to fire safety and emergency medical services programs, whether the Town Council of the Town of Prosper by resolution may appoint the Town Council of the Town of Prosper to serve as the Board of Directors of the Prosper Fire Control, Prevention, and Emergency Medical Services District." SECTION 5 All election precincts, early voting polling sites and Election Day polling sites shall be determined by the Elections Administrator pursuant to the Election Services Agreement. SECTION 6 All election officials, including the Early Voting Clerk, shall be the officials appointed to such positions by Collin County and Denton County and to the extent required by law, are hereby so appointed. SECTION 7 Early voting by personal appearance will be held jointly with other Collin County and Denton County public entities at Collin County's and Denton County's respective main early voting site, beginning on such dates as authorized by the Texas Election Code. SFCTInN R The Collin County Election Administrator and the Denton County Election Administrator are hereby appointed to serve as the Early Voting Clerks in their respective counties, and the Elections Administrators' permanent county employees are appointed as deputy early voting clerks. Applications for ballots by mail shall be mailed to said Elections Administrators, in accordance with the Texas Election Code. SECTION 9 The Town Secretary is hereby authorized and directed to file, publish and/or post, in the time and manner prescribed by law, all notices required to be so filed, published and/or posted in connection with the conduct of this election. SECTION 10 The election shall be conducted pursuant to the elections laws of the State of Texas. Joint Election Order —Page 4 SECTION 11 Pursuant to Section 344.054(b)(5) of the Texas Local Government, summaries of the proposed Budget Plan and Fire Control, Prevention, and Emergency Medical Services Plan are as follows: BUDGET PLAN The Budget Plan for Fiscal Year 2018-2019 reflects sales tax collections of $1,150,956 and for Fiscal Year 2019-2020 sales tax collections of $1,216,667. STRATEGY To enhance staffing levels for the Prosper Fire Department, which will include funding twelve and half (12.5) existing Firefighter/Paramedic positions, including salary and benefits, plus remainder to be used for personnel costs, for Fiscal Year 2018-19, and funding thirteen (13) existing Firefighter/Paramedic positions, including salary and benefits, plus remainder to be used for personnel costs, for Fiscal Year 2019-20. SECTION 12 Pursuant to Section 363.054(b)(5) of the Texas Local Government, summaries of the proposed Budget Plan and Crime Control Plan are as follows: BUDGET PLAN The Budget Plan for Fiscal Year 2018-2019 reflects sales tax collections of $1,150,956 and for Fiscal Year 2019-2020 sales tax collections of $1,216,667. STRATEGY To enhance staffing levels for the Prosper Police Department, which will include funding twelve and half (12.5) existing police officer positions (step 3), including salary and benefits, plus remainder for additional personnel costs for Fiscal Year 2018-19, and the continuation of salary and benefits for the twelve and half (12.5) existing police officer positions (step 4), including salary and benefits, plus remainder for additional personnel costs, for Fiscal Year 2019-20. SECTION 13 All registered, qualified voters within the proposed district of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services District and Town of Prosper Crime Control and Prevention District shall be permitted to vote at the election. In addition, the election materials enumerated in the Texas Election Code, as amended, shall be printed in English and Spanish for use at the polling places and for early voting for the Election. SECTION 14 The Presiding Judge of the special election shall be paid in accordance with the Denton County Joint Election Agreement and Collin County Joint Election Agreement. Joint Election Order —Page 5 SECTION 15 The Presiding Officer is hereby directed to give notice of the election by: (a) Consistent with Section 344.056 and Section 363.056 of the Texas Local Government Code, publishing a substantial copy of this Joint Election Order in a newspaper with general circulation in the proposed district once a week for two (2) consecutive weeks. The first publication notice must appear by March 30, 2018; (b) Filing with each District, a copy of the notice of the election; (c) Posting a copy of the notice on the bulletin board used for posting notices of the meetings of each proposed district's Board of Directors at least twenty-one (21) days before the election, by April 13, 2018; and (d) Delivering notice of the election to the Collin County Election Administrator and the Denton County Election Administrator. SECTION 16 That the elections shall be held in accordance with the Constitution of the State of Texas, the Texas Local Government Code, the Texas Election Code, and the Texas Tax Code. SECTION 17 If any word, section, article, phrase, paragraph, sentence, clause, or portion of this Order or application thereto to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Order; and the Town Council and respective Temporary Board of Directors hereby declare it/they would have passed such remaining portions of this Order despite such invalidity which remaining portions shall remain in full force and effect. SECTION 18 This Order shall take effect from and after its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THE 13TH DAY OF FEBRUARY, 2018, AND BY THE TEMPORARY BOARD OF DIRECTORS OF THE PROSPER FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT AND THE TEMPORARY BOARD OF DIRECTORS OF THE PROSPER CRIME CONTROL AND PREVENTION DISTRICT ON THIS THE 29TH DAY OF JANUARY, 2018. APPROVED: Ray Smitp, Mayor Joint Election Order —Page 6 APPROVED AS TO FORM: jC--4\12� - Terrence S. Welch, Town Attorney re� ! � a � Presiding Officer, Temporary Board of Directors, Prosper Control and Prevention District Presiding Officer, Temporary Board of Directors, Prosper Fire Control, Prevention, and Emergency Medical Services District Joint Election Order —Page 7