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CC Resolution No. 1767 10 RESOLUTION NO. 1767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROPOSING THE CREATION OF THE BAYTOWN FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT; DESCRIBING THE TERRITORY TO BE INCLUDED IN SUCH DISTRICT; DESIGNATING A NAME FOR SUCH DISTRICT, APPOINTING THE TEMPORARY BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Fire Control, Prevention and Emergency Medical Services District Act (the "Act") authorizes the City of Baytown, being a municipality in a county with a population of more than 5,000, to create a fire control, prevention and emergency medical services district in all or part of its jurisdiction; and WHEREAS, a fire control, prevention and emergency medical services district proposed under the Act may finance all the costs of a fire control, prevention and emergency medical services program, including the costs for personnel, administration, expansion, and capital expenditures; and WHEREAS, the fire control, prevention and emergency medical services program may include, but not be limited to, fire apparatus, equipment and facilities, as well as enhanced emergency communications programs, equipment, and certain personnel costs; and WHEREAS, the City Council of the City of Baytown desires to do all things necessary to initiate the creation of the Baytown Fire Control, Prevention and Emergency Medical Services District, which district ultimately will have to be authorized by a majority of the qualified voters of the City of Baytown pursuant to the Act; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City of Baytown hereby proposes the creation of the Baytown Fire Control, Prevention and Emergency Medical Services District pursuant to the provisions of the Act. Section 2: The territory to be included in such district shall include all incorporated areas within the city limits of the City of Baytown, as the limits now exist or may hereinafter be amended. Section 3: The district proposed by this resolution shall bear a name which is hereby designated to be the "Baytown Fire Control, Prevention and Emergency Medical Services District," hereinafter referred to as the "District." Section 4: It is the intention of the City Council to include within the boundaries of the District all of the area described in section 2 of this resolution, and should this resolution for any reason be ineffective as to any part of such area, such ineffectiveness of this resolution as to any such part or parts shall not affect the effectiveness of this resolution as to all of the remaining area described. Section 5: The City Manager and the City Clerk, for and on behalf of the City Council are hereby authorized to do all things necessary to effectuate the purposes of this resolution and to assist in the organization of the District pursuant to the Act. II Section 6: All resolutions or ordinances or parts of resolutions or ordinances inconsistent with the terms of this resolution are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this resolution shall be cumulative of other resolutions and ordinances regulating and governing the subject matter covered by this resolution. Section 7: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this resolution or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this resolution or their application to other persons or sets of circumstances and to this end all provisions of this resolution are declared to be severable. Section 8: That the City Council hereby appoints the members of the City Council to serve as the temporary board of directors of the proposed Baytown Fire Control, Prevention and Emergency Medical Services District for purposes of preparing a two-year budget plan and a two- year Fire Control, Prevention and Emergency Medical Services plan and calling an election to approve creation of the Baytown Fire Control, Prevention and Emergency Medical Services District. The members of the temporary board shall serve terms concurrent with the member's term as a member of the City Council. Section 9: This resolution 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 261h day of January, 2006. CALVIN MUNDINGER, Mayor AT LORR*COODY, Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., City At orney R:\Karen\Files\City Council\Resolutions\2006Wanuaty 26\FireHMSDistrictResolution2006.rtf 2