FCPEMSD Resolution No. 73 RESOLUTION NO. 73
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE
CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT
ORDERING A CONTINUATION ELECTION TO BE HELD ON THE 3RD DAY OF
NOVEMBER, 2020, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE
PROPOSITION OF WHETHER THE BAYTOWN FIRE CONTROL, PREVENTION,
AND EMERGENCY MEDICAL SERVICES DISTRICT SHOULD BE CONTINUED
FOR FIVE (5) YEARS AND THE FIRE CONTROL, PREVENTION, AND
EMERGENCY MEDICAL SERVICES DISTRICT SALES AND USE TAX
SHOULD BE CONTINUED FOR FIVE (5) YEARS; DESIGNATING THE MANNER
OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING
THE CENTRAL COUNTING STATION; ESTABLISHING CERTAIN PROVISIONS
RELATED THERETO; PROVIDING FOR THE POSTING AND PUBLICATION OF
NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the Board of Directors of the Baytown Fire Control, Prevention, and Emergency
Medical Services District (the "District") finds and determines that it is necessary and advisable to call
and hold an election on the question of whether to continue the District and the associated sales and use
tax; and
WHEREAS, it is hereby officially found and determined that said election will be held on a
uniform election date established by Section 41.001(a), Texas Election Code, as amended, as required by
Texas law; and
WHEREAS, the District's Board of Directors (the "Board"), pursuant to the applicable provisions
of the Texas Election Code and separate resolutions of the Board, intends to contract Harris and
Chambers Counties for election services; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE
CONTROL,PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT:
Section 1: The statements contained in the preamble of this resolution are true and correct
and are hereby adopted as findings of fact and as a part of the operative provisions hereof.
Section 2: That a continuation election of the District, pursuant to Subchapter F of Chapter
363 of the Texas Local Government Code and pursuant to Sections 41.001 and 41.031 of the Texas
Election Code, shall be held between the hours of seven o'clock(7:00) a.m. and seven o'clock(7:00) p.m.
on the P day of November, 2020, in the City of Baytown, Texas, for the purpose of voting for or against
the proposition of whether the Baytown Fire Control, Prevention, and Emergency Medical Services
District should be continued for five (5) years and the fire control, prevention, and emergency
medical services district sales and use tax should be continued for five(5) years. If less than a majority
of the votes cast in the continuation election are for the continuation of the District:
(1) the Board shall certify that fact to the Texas Secretary of State not later than the tenth
(10t1i) day after the date of the canvass of the returns; and
(2) the District is dissolved and ceases to operate on the first uniform election date that
occurs after the fifth anniversary of the date of the most recent continuation referendum
If a majority of the votes cast in the continuation election are for the continuation of the District, the
District shall continue for another five (5) years from the fifth (5`') anniversary date that the District
began to levy taxes for District purposes.
Section 3: That the proposition specified in Section 2 hereof shall be presented to the electors
within the District's territory in accordance with law.
Section 4: That the form of the ballot for this special election shall be substantially as follows:
OFFICIAL BALLOT
PROPOSITION NO. 1
Whether the Baytown Fire Control, Prevention, and
[ ] FOR Emergency Medical Services District should be continued
for five (5) years and whether the fire control,
[ ] AGAINST prevention, and emergency medical services district
sales and use tax should be continued for five(5) years.
Section 5: That the election called in Section 2 hereof shall be held as a joint election with the
entities named in the recitals hereof, as appropriate, pursuant to joint election agreements.
Section 6: That the District shall use the polling places along with election officials for the
continuation election ordered in Section 2 hereof as designated by Harris and Chambers Counties.
Section 7: Direct recording electronic (DRE) equipment shall be used for voting at the
designated election precincts, and electronic counting devices and equipment shall be used for counting
the ballots at the election.
Section 8: Each qualified voter who desires to cast an early vote shall be entitled to an official
ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code.
Early voting will be conducted by the Early Voting Clerks at the places designated by Harris County and
Chambers County. Direct recording electronic (DRE) equipment shall be used for early voting by
personal appearance. Early voting by personal appearance shall commence on October 19, 2020, and end
on October 30, 2020, in accordance with the schedules adopted by Harris and Chambers Counties.
Direct recording electronic (DRE) equipment shall be used for early voting by mail in Harris County and
Opti Scan mail ballots shall be used for early voting by mail in Chambers County. Applications for
ballots to be voted by mail should be mailed to:
Chris Hollins Heather Hawthorne
Harris County Clerk Chambers County Clerk
Attn: Elections Division P.O. Box 728
P.O. Box 1148 Anahuac, TX 77514
Houston,TX 77251-1148
Section 9: The Central Counting Stations to receive and tabulate voted ballots shall be at the
locations designated by Hams and Chambers Counties.
Section 10: That the continuation election shall be held in accordance with, and shall be
governed by, the election laws of the State of Texas. In the continuation election, the President and the
Secretary of the District shall do and perform each act as required to be done and performed respectively
by the County Judge and the County Clerk of the Commissioners'Court. The notice of this election shall
be given in accordance with all applicable law. Notice of the continuation election shall also be provided
to Harris County and Chambers County not later than the 60°i day before the date of the election ordered
herein.
Section 11: The Secretary is further authorized to give or cause to be given notices required for
the election, and to take such other and further action as is required to conduct the election in compliance
with the Texas Election Code.
Section 12: In all matters relating to the ordering, giving notice, and holding of the elections, the
District shall comply with the applicable parts of the Texas Election Code, including Chapter 272 of the
Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act of 1965, as
amended.
Section 13: This resolution shall take effect immediately from and after its passage by the Board
of Directors of the Baytown Fire Control, Prevention, and Emergency Medical Services District.
INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the
Baytown Fire Control, Prevention, and Emergency Medical Services District on this the 16°i day of June,
2020.
ATT T:
BRENDA BRADLEY SMITH, President
=~ o_
LETICIABRYSCH, S r tary
APPROVED AS TO FORM:
KAREN L. HtFRNER, Interim General Counsel
R:Xaren Filcs City CnancitFire Control.Prevention and Emergency Medical services DistricuResolmion;2020June 16`CalliingContinuetionElectiun.doc
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