AGENDA PREVENTION DISTRICT & CITY COUNCIL Monday, November 18, 2024 6:30 p.m. Joint Special Meeting  TEMPORARY BOARD OF DIRECTORS OF THE FORNEY CRIME CONTROL AND  City Hall Annex/Council Chambers, 101 E. Main Street, Forney, Texas 75126  I.CALLT TO ORDER  1. Meeting called to order byt the City Council  2. Meeting called to order byt the Temporary Board of Directors of the Forney Crime Control and II. INVOCATION AND PLEDGE OF ALLEGIANCE - COUNCIL MEMBER JAMES  Prevention District TRAYLOR  III. DISCUSSION/ACTION ITEMS  1. City Council: Discuss and consider action on an Ordinance canvassing the returns of the Special Election held on November 5, 2024 allowing qualified voters to consider the creation of the Forney Crime Control and Prevention District dediçated to crime reduction programs, the adoption ofa proposed sales and use tax at a rate of 1/4 of 1%, and to maintain the same overall sales tax rate int the City, the reduction oft the sales and use tax currently levied for the Forney Economic Development Corporation from a rate of 1/2 of 1% to 1/4 of 1%; and providing  an effective date. (Staff recommends approval of the item.)  Documents:  Item Summary Canvassing Special Election of November 5, 2024.pdf Ordinance 24-48 - Canvassing Special Election of November 5, 2024.pdf  2. Temporary Board of Directors of thel Forney Crime Control and Prevention District: Discuss and consider approval of al Resolution accepting Ordinance No. 24-48 adopted by the City Council of the City of Forney canvassing the results of the November 5, 2024 Special Election, declaring the creation oft the City of Forney Crime Control and Prevention District.  Documents:  Item Summary Acceptance of City Council Ordinance 24-48 Canvassing Special FCCPD24-002 Resolution/ Accepting Election Canvass Ordinance No. 24-48.pdf  Election of November 5, 2024.pdf  IV. ADJOURNMENT  1. Meeting Adjournment by the City Council  2. Meeting adjournment by the Temporary Board of Directors of the Forney Crime Control and Ina addition to any executive session already listed above, the City Council and Temporary Board of Directors Forney Crime Control and Prevention District of the City of Forney reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed on this agenda, as authorized by the Texas Government Code for the following purposes:  Prevention District    Section 551.071 = Consultation with Attorney Section 551.072 - Deliberations regarding Real Property Section 551.073 - Deliberation regarding Prospective Gift Section 551.074 - Personnel Matters Section 551.076 - Deliberations regarding Security Devices  Section 551.087 - Deliberations regarding Economic Development Negotiations  This agenda has been reviewed and approved by the City's and District's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of the Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed int the closed session portion of ther meeting considering available opinions ofa court of record and opinions of the Texas Attorney General known tot the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is This facility is wheeichair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 972-552-6460 for further information. Braille is not available. 1, Megan Killingsworth, Executive Assistant for the City of Forney, Texas, do hereby certify this Agenda was posted on the! bulletin board at City Hall Annex, in a place readily accessible to the general public at all times, on the 14th day of November 2024, in advance of the 72-hour posting deadline, as applicable,  conducted by all participants in reliance on this opinion.  andi in accordance with Chapter 551 of the Texas Government Code.  (K    FORNEY TEKAS  City Council  Agenda Item Summary Report  Meeting Date: November 18, 2024 Submitted by: Rosa Rios, City Secretary  Consent  Discussion Only  Public Hearing  Action Item X  Item Title: Discuss and consider action on an Ordinance canvassing the returns oft the Special Election held on November 5, 2024 allowing qualified voters to consider the creation oft the Forney Crime Control and Prevention District dedicated to crime reduction programs, the adoption of a proposed sales and use tax at a rate of 1/4 of1 1%, and to maintain the same overall sales tax rate in the City, the reduction oft the sales and use tax currently levied for the Forney Economic Development Corporation from a rate of 1/2 of 1%t to 1/4 of 1%; and providing an effective date. (Staff recommends approval of the item.)  ATTACHMENTS agenda posting.] Item Summary:  Item Summary - Canvassing Special Election of November 5, 2024  Ordinance 24-48- Canvassing Special Election of November 5, 2024 [Exhibits not available at time of  Adoption of this Ordinance will formally canvass the election returns of the November 5, 2024 Special Election heldi fort the purpose allowing qualified voters to consider the creation ofthe Forney Crime Control and Prevention District dedicated to crime reduction programs, the adoption of a proposed sales and use tax at a rate of 1/4 of 1%, and to maintain the same overall sales tax rate in the City, the reduction of the sales and use tax currently levied for the Forney Economic Development Corporation from a rate of 1/2 While Monday, November 18, 2024, is the last day for the Early Voting Ballot Board to convene and qualify/count provisional ballots timely and properly received after election day, Kaufman County has confirmed thei final Unofficial Results will be available in time for the City to canvass the results. The Unofficial Results, not available as of the date of posting the agenda for this Special Meeting will be attached as Exhibit A to the Ordinance once available from Kaufman County Elections. The unofficial As this is aj joint meeting with the Temporary Board of the Forney Crime Control and Prevention District (Temporary Board), acceptance of Ordinance 24-48 is scheduled for approval by the Temporary Board  of 1% to 1/4 of1 1%.  results preliminarily show the proposition was approved.  immediately following its adoption.    CITY OF FORNEY, TEXAS ORDINANCE NO. 24-48  AN ORDINANCE OF THE CITY OF FORNEY, TEXAS, CANVASSING THE RETURNS OF THE SPECIAL ELECTION HELD NOVEMBER 5, 2024 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF FORNEY THE PROPOSITION CREATING THE FORNEY CRIME CONTROL AND PREVENTION DISTRICT DEDICATED TO CRIME REDUCTION PROGRAMS, THE ADOPTION OF A PROPOSED SALES AND USE TAX ATARATE OF 1/4 OF 1%, ANDTOI MAINTAIN THE SAME OVERALL SALES TAX RATE IN THE CITY, THE REDUCTION OF THE SALES AND USE TAX CURRENTLY! LEVIED FOR THE FORNEY ECONOMIC DEVELOPMENT CORPORATION FROM A RATE OF 1/2 OF 1% TO1/4 OF 1% DECLARING RESULTS OF THAT ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN WHEREAS, pursuant to Ordinance No. 24-35 of the City of Forney, Texas, adopted on August 6, 2024, a Special Election was ordered for November 5, 2024, for a vote of the qualified voters of the City of Forney to consider the creation of the Forney Crime Control and Prevention District dedicated to crime reduction programs, the adoption of a proposed sales and use tax at a rate of 1/4 of 1%, and to maintain the same overall sales tax rate in the City, the reduction of the sales and use tax currently levied for the WHEREAS, notice of Election was given pursuant to and in accordance with applicable law, and the Election was duly and lawfully conducted and held on November 5, 2024, and the returns oft the Election have been delivered in accordance with lawi tot the City Council as the canvassing authority for the Election;  EFFECTIVE DATE.  Forney Economic Development Corporation from a rate of 1/2of1 1% to 1/4 of1%; and  and  WHEREAS, aquorumofthe City Council met on Monday, November 18, 2024, and duly canvassed NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORNEY, Section1. The above recitals are hereby found to be true and correct legislative determinations and are hereby incorporated into the body of this Ordinance as iffully set forth herein. Section2. The City Council of the City of Forney, Texas, officially finds and determines an election was duly ordered to be heldi in the City ofForney, Texas on the 5th day ofl November, 2024, for the purpose of presenting a proposition before the voters for the creation of the Forney Crime Control and Prevention District dedicated to crime reduction programs, the adoption of a proposed sales and use tax ata rate of 1/4 of 1%, and to maintain the same overall sales tax rate in the City, the reduction of the sales and use tax currently levied for the Forney Economic Development Corporation from ai rate of 1/2 of 1%1 to 1/4 of 1%; that proper notice of said election was duly given; that proper election officers were duly appointed prior to said election; that said election has been made and delivered; and that the City Council Section3. The City Council officially finds and determines that only qualified resident voters of the City were allowed to vote at said election, and that the canvass ofi the votes casti in said election and returns thereof, which are attached hereto as Exhibit A, were made in accordance with law.  the election returns of the Special Election mentioned herein, hereby attached as Exhibit A.  TEXAS, THAT:  has duly canvassed said returns all in accordance with law.  Page1of2    Section 4. Pursuant tot the applicable provisions of the Texas Local Government Code, Texas Election Code, and the City of Forney, Texas Home Rule Charter, the City Council officially finds, determines and declares the results of said Special Election to be that Proposition A was approved by a majority of the voters casting ballots in the election as shown in the election returns attached hereto as  ExhibitA.  Section 5. This ordinance declares the proposition adopted and said proposition shall take Section 8. Itis hereby declared tol bet the intention of the City Council thati the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree ofany court of competent jurisdiction, such unconstitutionality shall not affect any oft the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without incorporation of this ordinance of such. unconstitutional. phrase, clause, Section 9. This ordinance shall be cumulative of all provisions of State and Federal law and other ordinances of the City of Forney, Texas, whether codified or un-codified, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting Section 10. All rights and remedies of the City of Forney, Texas, are expressly saved as to any and all violations of the provisions of this ordinance or any other ordinance that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by  effect upon the passage of this ordinance.  sentence, paragraph or section.  provisions of such ordinances are hereby repealed to the extent of such conflict.  this ordinance but may be prosecuted until final disposition by the courts.  Section11. That this Ordinance will take effect immediately from and after its adoption as PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FORNEY, TEXAS, this  provided by law.  18th day of November, 2024.  Jason Roberson, Mayor  ATTEST:  Rosa Rios, City Secretary APPROVED ASTO FORM: Jon Thatcher, City Attorney  Page 2of2    FORNEY TEKNS  Temporary Board of Directors Crime Prevention District Agenda Item Summary Report  Meeting Date: November 18, 2024 Submitted by: Rosa Rios, City Secretary  Consent  Discussion Only  Public Hearing  Action Item X  Item Title: Discuss and consider approval of a Resolution accepting Ordinance No. 24-48 adopted by the City Council of the City of Forney canvassing the results of the November 5, 2024 Special Election,  declaring the creation of the City of Forney Crime Control and Prevention District.  ATTACHMENTS 5,2 2024  Item Summary Acceptance of City Council Ordinance 24-48 Canvassing Special Election of November  FCCPD24-002 Resolution Accepting Election Canvass Ordinance No. 24-48  Item Summary:  Adoption of this Resolution will formally approve Ordinance No. 24-48 approved by the City Council at this joint meeting canvassing the election returns of the November 5, 2024 Special Election held for the purpose allowing qualified voters to consider the creation of the Forney Crime Control and Prevention District dedicated to crime reduction programs, the adoption of a proposed sales and use tax at a rate of 1/4 of 1%, and to maintain the same overall sales tax rate in the City, the reduction oft the sales and use tax currently levied for the Forney Economic Development Corporation from a rate of 1/2 of1% to 1/4of The Unofficial Results for City Council Ordinance No. 24-48, not available as of the date of posting the agenda for this Special Joint Meeting, will be attached as Exhibit Ai to the Ordinance once available from Kaufman County Elections. The unofficial results preliminarily show the proposition was approved.  1%.    FORNEY CRIME CONTROL AND PREVENTION DISTRICT  CITY OF FORNEY, TEXAS RESOLUTION FCCPD 24-002  A RESOLUTION OF THE TEMPORARY BOARD OF THE FORNEY CRIME CONTROL AND PREVENTION DISTRICT ACCEPTING ORDINANCE NO. 24- 48 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORNEY CANVASSING THE RESULTS OF THE NOVEMBER 5, 2024, ELECTION, DECLARING THE CREATION OF THE CITY OF FORNEY CRIME CONTROL WHEREAS, pursuant to Section 363.059 of the Texas Local Government Code, the Temporary Board of the Forney Crime Control and Prevention District ("Temporary Board"). must canvass the returns of the election held on November 5, 2024, wherein the creation of the City of Forney Crime Control and Prevention District was proposed to the voters of the City of Forney; WHEREAS, on November 18, 2024, the City Council of the City of Forney ("City Council") adopted Ordinance No. 24-48, canvassing the results oft the November 5, 2024, election. NOW, THEREFORE, BE IT RESOLVED BY THE TEMPORARY BOARD OF DIRECTORS OF THE FORNEY CRIME CONTROL AND PREVENTION DISTRICT OF THE SECTION1, Ordinance No. 24-48 of the City Council of the City of Forney canvassing the results of the November 5, 2024, election is hereby accepted by the Temporary Board of SECTION2. The Temporary Board hereby declares the creation of the City of Forney Crime Control and Prevention District pursuant in accordance with Section 363.059 Texas Local SECTION.3. This Resolution shall take effect immediately from and after its passage. PRESENTED AND PASSED by the Temporary Board of Directors of the Forney Crime Control and Prevention District of the City of Forney, Texas, this the 18th day of November 2024.  AND PREVENTION DISTRICT.  and  CITY OF FORNEY, TEXAS:  Directors oft the City of Forney Crime Control and Prevention District.  Government Code.  Greg Helm, Chairman  ATTEST:  Rosa Rios, City Secretary APPROVED ASTOFORM: Jon Thatcher, City Attorney