Ordinance No. 10,337ORDINANCE NO. 10,337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE RESULTS OF THE CREATION AND TAX
ELECTION OF THE BAYTOWN FIRE CONTROL, PREVENTION AND
EMERGENCY MEDICAL SERVICES DISTRICT HELD ON MAY 13, 2006;
ADOPTING A ONE-EIGHTH OF ONE PERCENT SALES AND USE TAX FOR
FINANCING THE OPERATION OF THE BAYTOWN FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT WITHIN
THE TERRITORY OF THE DISTRICT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, on January 26,2006, the City Council of the City of Baytown via Resolution
No. 1766 proposed the creation of the Baytown Fire Control, Prevention, and Emergency Medical
Services District (the "District") and established the city limits of the City of Baytown and as
amended, as the boundaries of the District (the "Temtory"); and
WHEREAS, after all of the prerequisites to ordering the creation and tax election were
satisfied by the City Council of the City of Baytown and the Temporary Board of the District, a
creation and tax election was ordered on March 9,2006;
WHEREAS, on May 13, 2006, a uniform election date, voters within the Temtory voted
upon the following proposition:
PROPOSITION NO. 1
The creation of the Baytown Fire Control, Prevention, and Emergency Medical Services
District dedicated to fire safety and emergency medical services and the adoption of a
proposed local sales and use tax at a rate of one-eighth of one percent (118%); and
WHEREAS, on May 22,2006, the Temporary Board of the District canvassed the results of
the creation and tax election and found the votes cast were as follows:
PROPOSITION NO. 1
The creation of the Baytown Fire Control, Prevention, and Emergency Medical Services
District dedicated to fire safety and emergency medical services and the adoption of a
proposed local sales and use tax at a rate of one-eighth of one percent (118%).
For 1,529 votes
Against 653 votes
WHEREAS, because the votes cast for the creation of the District exceeded the votes cast
against the same by 877 votes. the Temporary Board of the District issued an order declaring the
District created on May 22,2006; and
WI-IEREAS, pursuant to Section 344.055 of the Texas Local Government Code and Section
321.106 of the Texas Tax Code, the City Council of the City of Baytown is the governing body
responsible for adopting the sales and use tax in the Territory; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby finds that the
above-referenced recitals are true and correct.
Section 2: That the City Council of the City of Baytown, based upon the results of the
creation and tax election ordered by the Temporary Board of the Baytown Fire Control, Prevention
and Emergency Medical Services District, declares the District created and the one-eighth of one
percent sales and use tax in the Territory authorized in accordance with all applicable laws.
Section 3: Based upon the declarations of the Temporary Board of the Baytown Fire
Control, Prevention and Emergency Medical Services District and of the City Council in Section 2
hereinabove, the City Council of the City of Baytown hereby adopts a one-eighth of one percent
sales and use tax in the Territory for the purpose of financing the operation of the District, which tax
shall be charged in addition to any other sales and use tax authorized by law.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 2Yd day of May, 2006.
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CALVIN MUNDINGER, May
~NACIO RAMIREZ, SR., & Attorney