FCPEMSD Resolution No. 14 RESOLUTION NO. 14
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 14TH DAY OF
MAY, 2011, 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 YEARS AND WHETHER THE FIRE CONTROL, PREVENTION, AND
EMERGENCY MEDICAL SERVICES DISTRICT SALES AND USE TAX SHOULD
BE CONTINUED FOR FIVE 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.
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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 a separate resolution(s) of the Board, intends to contract with the
following entities, as applicable, for election services:
➢ the City of Baytown, ➢ Goose Creek Consolidated Independent
➢ the Baytown Crime Control and School District,and
Prevention District, ➢ Harris County;
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
344 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 14`h day of May, 2011, 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 years and the fire control, prevention, and emergency medical services
district sales and use tax should be continued for five 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 10th day
after the date of the canvass of the returns; and
(2) the District is dissolved and ceases to operate.
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 years from the fifth 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, prevention,
[] AGAINST 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 the City of Baytown.
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 Clerk at the places—both as designated by the
City of Baytown. Paper ballots and/or Opti Scan mail ballots shall be used for early voting by mail and
direct recording electronic(DRE)equipment shall be used for early voting by personal appearance. Early
voting by personal appearance shall commence on May 2, 2011, and end on May 10, 2011, in accordance
with the schedules adopted by the City of Baytown. Applications for ballots to be voted by mail should
be mailed to the Early Voting Clerk.
Section 9: The Central Counting Stations to receive and tabulate voted ballots shall be at the
locations designated by the City of Baytown.
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
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be given in accordance with all applicable law. Notice of the continuation election shall also be provided
to the City of Baytown not later than the 60°i day before the date of the election ordered herein.
Section-I I: 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: ]it all matters relating to the ordering,giving notice,and holding the elections,the
District shall comply with the applicable parts of the Texas Election Code, including particularly Chapter
272 cif the Texas Election Code pertaining to bilingual requirements, and [he 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.
1NTRODUCBD,.READ and PASSED by the afnrrnative vote of tie Board of Directors of the
Baytown Fire Control, Prevention,.and Emergency Medical Services District on this.the 25ih day of
January, 2011,
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APPROVED AS 70 FORM:
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