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11.16.2022 SPD PacketPage 1 of 1 ] Prosper is a place where everyone matters. 1. Call to Order/ Roll Call. 2. Approve the November 9, 2022, Special Purpose District Committee meeting minutes. 3. Review and approve ballot language. 4. Review dates to order Election. 5. Review literature material to help educate citizens and answer questions about each district. 6. Set future meeting(s) date. 7. Adjournment. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, November 11, 2022, and remained so posted at least 72 hours before said meeting was convened. ________________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time. Agenda Special Purpose District Committee Prosper Town Hall – Executive Conference Room, 250 W. First Street, Prosper, Texas Wednesday, November 16, 2022 6:00 PM Page 1 of 2 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 6:00 p.m. Committee Members Present: Mayor Pro-Tem Jeff Hodges, Chair Councilmember Marcus E. Ray, Vice-Chair Kim Shamsy Brent Kirby Stacy Cate Ian Giatti John Hamilton Staff Members Present: Ron K. Patterson, Interim Town Manager Bob Scott, Executive Director of Administrative Services Stuart Blasingame, Fire Chief Doug Kowalski, Police Chief 1. Introduction of Members. Introductions were made of the committee members and staff. 2. Discuss and review the purpose and charge of the committee. Mr. Patterson made opening remarks. He indicated that this is a dedicated tax that if expires will go way with the total sales tax being reduced from 8.25% to 7.75% unless the voters approve a renewal. He emphasized that the Town Staff under state law has a responsibility to be impartial and cannot take any advocacy positions. However, the Town can be a source for and provide information. Mr. Patterson stated that unlike property tax, sales tax is often generated from non-Prosper residents. Mr. Scott added that for the fiscal year 2022, the two districts with a combined rate of half a cent generated just over five (5) million dollars. Chair Hodges stated the charge from the Town Council was to recommend the number of years, which by law can be five (5), ten (10), fifteen (15), or twenty (20) years. The committee discussed the various terms. The consensus of the committee was to recommend moving forward with a twenty (20) year term. The committee also discussed communication methods including social media. MINUTES Special Purpose District Committee Prosper Town Hall – Development Services Conference Room, Second Floor 250 W. First Street, Prosper, Texas Wednesday, November 09, 2022 Page 2 of 2 3. Discuss and review committee calendar. The committee discussed the time frame for calling the election and the number of meetings they should have. The next meeting was set for Wednesday, November 16, 2022, in the Executive Conference Room. Adjourn. The meeting was adjourned at 7:27 p.m. These minutes approved on the 16th day of November 2022. APPROVED: Jeff Hodges, Chair _________ Bob Scott, Executive Director of Administrative Services ATTEST: Michelle Lewis Sirianni, Town Secretary TOWN OF PROSPER, TEXAS ORDER NO. 2023-______ AN ORDER OF THE BOARD OF DIRECTORS OF THE TOWN OF PROSPER CRIME CONTROL AND PREVENTION DISTRICT, ORDERING A SPECIAL ELECTION TO BE HELD ON MAY 6, 2023, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE DISTRICT COMPRISING THE TOWN OF PROSPER A REFERENDUM ON THE CONTINUATION OF THE TOWN OF PROSPER CRIME CONTROL AND PREVENTION DISTRICT FOR TWENTY (20) YEARS AND A SALES AND USE TAX AT THE RATE OF ONE- FOURTH OF ONE PERCENT DEDICATED TO CRIME CONTROL AND PREVENTION PROGRAMS; PROVIDING FOR ELECTION PROCEDURES AND OFFICERS; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH SPECIAL ELECTION; PROVIDING BALLOT PROPOSITION LANGUAGE; AUTHORIZING NECESSARY ACTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the Town of Prosper Crime Control and Prevention District (the “District”) is the governing board of a district validly created pursuant to Chapter 363 of the Texas Local Government Code; and WHEREAS, on May 5, 2018, the eligible voters of the District approved a ballot proposition to adopt the District and approve a District sales and use tax at a rate of one-fourth of one percent (1/4 of 1%) as authorized by Chapter 363 of the Texas Local Government Code and Section 321.108 of the Texas Tax Code; and WHEREAS, the District will be dissolved on September 30, 2023, unless the District holds a continuation referendum prior to the end date; and WHEREAS, pursuant to Section 363.251 and Section 363.2515 of the Texas Local Government Code, the Board of Directors of the District may order a referendum on its own motion by a majority vote of its members on the continuation of the District for a period of twenty (20) years; and WHEREAS, in accordance with Chapter 321 of the Texas Tax Code, the combined rate of all local sales and uses taxes imposed by the Town will not exceed two percent (2%); and WHEREAS, Section 41.001 of the Texas Election Code, as amended, establishes Saturday. May 6, 2023, as a uniform election date for the purposes of conducting a special election; and WHEREAS, the Town intends to contract with Collin County and Denton County for election services, administration, and equipment pursuant to Section 31.092(a) and Chapter 271 of the Texas Election Code, as amended; and WHEREAS, the Board of Directors of the District desires to hold such referendum on the continuation of the District and the District sales and use tax on the upcoming uniform election date of May 6, 2023. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE TOWN OF PROSPER CRIME CONTROL AND PREVENTION DISTRICT THAT: Order No. 2023-___, Page 2 SECTION 1 A Special Election in the District, comprising the Town of Prosper, Texas, as prescribed by Chapter 363 of the Texas Local Government Code and Chapter 321 of the Texas Tax Code, shall be held between the hours of 7:00 a.m. and 7:00 p.m. on Saturday, May 6, 2023, for the purpose of considering the continuation of the District and its sales and use tax at the rate of one- fourth of one percent dedicated to crime reduction and other programs authorized by Chapter 363 of the Texas Local Government Code. SECTION 2 Qualified voters of the following election precincts shall cast ballots for the Special Election at the heretofore established and designated Election Day polling places, as follows: Town Precincts Polling Place 29, 178, 199, 214, 224, 239 Prosper Town Hall Community Room (Collin County) 250 W. First Street Prosper, TX 75078 1016, 1017, 9102 Prosper Fire Station 2 Training Room (Denton County) 1140 S. Teel Parkway Prosper, TX 75078 Special Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the Special Election, Saturday, May 6, 2023. SECTION 3 Early voting by personal appearance for Denton County residents shall be available at the Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas, 75078 from Monday, _______________, 2023, through Saturday, _______________, 2023, from 8:00 a.m. – 5:00 p.m.; Sunday, ______________, 2023, from 11:00 a.m. – 5:00 p.m.; and Monday, ______________, 2023, through Tuesday, ______________, from 7:00 a.m. -7:00 p.m. Early voting by personal appearance for Collin County residents shall be available at the Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078, from Monday, ______________, 2023, through Friday, ______________, 2023, from 8:00 a.m. – 5:00 p.m.; Saturday, ______________, 2023, from 7:00 a.m. – 7:00 p.m.; and Monday, ______________, 2023, through Tuesday, ______________, 2023, from 7:00 a.m. - 7:00 p.m. Qualified 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. This previous sentence shall also be posted in the Notice of Election. SECTION 4 The Town Manager and Town Secretary are authorized to execute a contract for an Election with the Denton County Election Department and the Collin County Election Department for all election appointments, early voting by mail, the designated voting location(s) and hours of operation, payments for election officials, and necessary election arrangements. Order No. 2023-___, Page 3 SECTION 5 The Town Secretary shall have the authority to approve any minor modifications as may be necessary in the best interests of the Town and within the regulations of the Texas Election Code. The early voting mail clerk for Collin County is: Bruce Sherbet, Early Voting Clerk, Collin County Elections Department, 2010 Redbud Blvd, Suite 102, McKinney, Texas 75069 (election@collincountytx.gov), and the Early Voting Clerk for Denton County is Frank Phillips, Early Voting Clerk, Denton County Elections, PO Box 1720, Denton, Texas 76202 (elections@dentoncountx.gov). SECTION 6 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 Special Election. The Special Election, including providing notice of the Special 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 Special Election. SECTION 7 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 Special Election, whether or not expressly authorized herein. SECTION 8 The official ballot for the special election shall conform to the Texas Election Code, as amended, so as to permit the electors to vote “For” or “Against” the proposition. Said ballot shall have printed therein such provisions, markings, and language as may be required by law, and with the proposition being set forth on said ballot using the following form and language: PROPOSITION A FOR __________ AGAINST __________ “Whether the Town of Prosper Crime Control and Prevention District should be continued for 20 years and the crime control and prevention district sales tax should be continued for 20 years." SECTION 9 The provisions of this Order are severable, so that the invalidity of one or more provisions shall not affect the validity of those valid portions. Order No. 2023-___, Page 4 SECTION 10 This Order for a Special Election shall be effective from and after the passage of this Order. DULY PASSED AND APPROVED BY THE DIRECTORS OF THE PROSPER CRIME CONTROL AND PREVENTION DISTRICT ON THE ___ DAY OF FEBRUARY, 2023. APPROVED: ______________________________ David F. Bristol, Mayor ATTEST: __________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney TOWN OF PROSPER, TEXAS ORDER NO. 2023-______ AN ORDER OF THE 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 6, 2023, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE DISTRICT COMPRISING THE TOWN OF PROSPER A REFERENDUM ON THE CONTINUATION OF THE TOWN OF PROSPER FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT FOR TWENTY (20) YEARS AND A SALES AND USE TAX AT THE RATE OF ONE- FOURTH OF ONE PERCENT DEDICATED TO FIRE SAFETY AND EMERGENCY MEDICAL SERVICES PROGRAMS; PROVIDING FOR ELECTION PROCEDURES AND OFFICERS; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH SPECIAL ELECTION; PROVIDING BALLOT PROPOSITION LANGUAGE; AUTHORIZING NECESSARY ACTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the Town of Prosper Fire Control, Prevention and Emergency Medical Services District (the “District”) is the governing board of a district validly created pursuant to Chapter 3443 of the Texas Local Government Code; and WHEREAS, on May 5, 2018, the eligible voters of the District approved a ballot proposition to adopt the District and approve a District sales and use tax at a rate of one-fourth of one percent (1/4 of 1%) as authorized by Chapter 344 of the Texas Local Government Code and Section 321.108 of the Texas Tax Code; and WHEREAS, the District will be dissolved on September 30, 2023, unless the District holds a continuation referendum prior to the end date; and WHEREAS, pursuant to Section 344.251 of the Texas Local Government Code, the Board of Directors of the District may order a referendum on its own motion by a majority vote of its members on the continuation of the District for a period of twenty (20) years; and WHEREAS, in accordance with Chapter 321 of the Texas Tax Code, the combined rate of all local sales and uses taxes imposed by the Town will not exceed two percent (2%); and WHEREAS, Section 41.001 of the Texas Election Code, as amended, establishes Saturday. May 6, 2023, as a uniform election date for the purposes of conducting a special election; and WHEREAS, the Town intends to contract with Collin County and Denton County for election services, administration, and equipment pursuant to Section 31.092(a) and Chapter 271 of the Texas Election Code, as amended; and WHEREAS, the Board of Directors of the District desires to hold such referendum on the continuation of the District and the District sales and use tax on the upcoming uniform election date of May 6, 2023. Order No. 2023-___, Page 2 NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF THE TOWN OF PROSPER FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT THAT: SECTION 1 A Special Election in the District, comprising the Town of Prosper, Texas, as prescribed by Chapter 344 of the Texas Local Government Code and Chapter 321 of the Texas Tax Code, shall be held between the hours of 7:00 a.m. and 7:00 p.m. on Saturday, May 6, 2023, for the purpose of considering the continuation of the District and its sales and use tax at the rate of one- fourth of one percent dedicated to fire safety and emergency medical services programs authorized by Chapter 344 of the Texas Local Government Code. SECTION 2 Qualified voters of the following election precincts shall cast ballots for the Special Election at the heretofore established and designated Election Day polling places, as follows: Town Precincts Polling Place 29, 178, 199, 214, 224, 239 Prosper Town Hall Community Room (Collin County) 250 W. First Street Prosper, TX 75078 1016, 1017, 9102 Prosper Fire Station 2 Training Room (Denton County) 1140 S. Teel Parkway Prosper, TX 75078 Special Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the Special Election, Saturday, May 6, 2023. SECTION 3 Early voting by personal appearance for Denton County residents shall be available at the Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas, 75078 from Monday, _______________, 2023, through Saturday, _______________, 2023, from 8:00 a.m. – 5:00 p.m.; Sunday, ______________, 2023, from 11:00 a.m. – 5:00 p.m.; and Monday, ______________, 2023, through Tuesday, ______________, from 7:00 a.m. -7:00 p.m. Early voting by personal appearance for Collin County residents shall be available at the Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078, from Monday, ______________, 2023, through Friday, ______________, 2023, from 8:00 a.m. – 5:00 p.m.; Saturday, ______________, 2023, from 7:00 a.m. – 7:00 p.m.; and Monday, ______________, 2023, through Tuesday, ______________, 2023, from 7:00 a.m. - 7:00 p.m. Qualified 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. This previous sentence shall also be posted in the Notice of Election. Order No. 2023-___, Page 3 SECTION 4 The Town Manager and Town Secretary are authorized to execute a contract for an Election with the Denton County Election Department and the Collin County Election Department for all election appointments, early voting by mail, the designated voting location(s) and hours of operation, payments for election officials, and necessary election arrangements. SECTION 5 The Town Secretary shall have the authority to approve any minor modifications as may be necessary in the best interests of the Town and within the regulations of the Texas Election Code. The early voting mail clerk for Collin County is: Bruce Sherbet, Early Voting Clerk, Collin County Elections Department, 2010 Redbud Blvd, Suite 102, McKinney, Texas 75069 (election@collincountytx.gov), and the Early Voting Clerk for Denton County is Frank Phillips, Early Voting Clerk, Denton County Elections, PO Box 1720, Denton, Texas 76202 (elections@dentoncountx.gov). SECTION 6 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 Special Election. The Special Election, including providing notice of the Special 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 Special Election. SECTION 7 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 Special Election, whether or not expressly authorized herein. SECTION 8 The official ballot for the special election shall conform to the Texas Election Code, as amended, so as to permit the electors to vote “For” or “Against” the proposition. Said ballot shall have printed therein such provisions, markings, and language as may be required by law, and with the proposition being set forth on said ballot using the following form and language: PROPOSITION B FOR __________ AGAINST __________ “Whether the Town of Prosper Fire Control, Prevention and Emergency Medical Services District should be continued for 20 years and the fire control, prevention and emergency medical services district sales tax should be continued for 20 years." Order No. 2023-___, Page 4 SECTION 9 The provisions of this Order are severable, so that the invalidity of one or more provisions shall not affect the validity of those valid portions. SECTION 10 This Order for a Special Election shall be effective from and after the passage of this Order. DULY PASSED AND APPROVED BY THE DIRECTORS OF THE PROSPER CRIME CONTROL AND PREVENTION DISTRICT ON THE ___ DAY OF FEBRUARY, 2023. APPROVED: ______________________________ David F. Bristol, Mayor ATTEST: __________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney