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FCPEMSD Resolution No. 17 RESOLUTION NO. 17 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT CANVASSING THE RETURNS OF T14E CONTINUATION ELECTION HELD WITHIN THE DISTRICT'S BOUNDARIES 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 (5) YEARS AND WHETHER THE FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT SALES AND USE TAX SI40ULD BE CONTINUED FOR FIVE (5) `PEARS; FINDING THAT NOTICE OF THE CONTINUATION ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, on January 25, 2011, the Board of Directors (the "Board") of the Baytown Fire Control, Prevention, and Emergency Medical Services District (the "District") ordered a continuation election to be held within the District's boundaries between the hours of seven o'clock a.m. and seven o'clock p.m. on May 14, 2011, for the purposes of determining whether to continue the District and the associated sales and use tax (the "Election"); and WHEREAS, on May 14, 2011, the Election was held under and pursuant to the provisions of the resolution calling the election as well as the provisions of state law; and WHEREAS, on May 20, 2011, the early voting ballot board met to verify and count provisional ballots pursuant to Chapter 65 of the Texas Election Code; and WHEREAS, pursuant to Chapter 67 of the Texas Election Code, the Board at a meeting held on the 23rd day of May, 2011, proceeded, as required by law, to canvass the returns of the Election; and WHEREAS, the Election having been duly and regularly had and held according to law, and the returns thereof having been duly made and the Election Judges having certified the results of the Election, as hereinafter set out, and the Board having duly and regularly canvassed the returns of the Election and finding that the total votes cast at the Election were as follows, to-wit: Proposition BaytownWhether the r Prevention, p. � 1 1control prevention- andernergency inedical servicesdistrict1'. use tax should be continued for five(5)years? Total Percentage For 1377 86.99% Against 206 13.01% Total 1583 95.65% (the "Election Returns"); and WHEREAS,the Board finds the Election. Returns set out above to be accurate and correct and no election protest or contest have been filed with the Board or instituted in connection with the Election Returns; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION,AND EMERGENCY MEDICAL SERVICES DISTRICT: Section 1: That the Board of Directors of the Baytown Fire Control, Prevention, and Emergency Medical Services District hereby finds that the above-referenced recitals are true and correct. Section 2: That the Board of Directors of the Baytown Fire Control, Prevention, and Emergency Medical Services District further finds that the notice of the Election was duly and properly given as required by law and as provided in the resolution calling the Election and that the Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of said Election and in all things according to law. Section 3: That a majority of the votes cast at the Election were in favor of the following proposition: PROPOSITION NO. 1 Whether the Baytown Fire Control, Prevention, and Emergency Medical Services District should be continued for five (5) years and whether the fire control, prevention, and emergency medical services district sales and use tax should be continued for five(5)years and accordingly, the Baytown Fire Control, Prevention, and Emergency Medical Services District and the associated 1/8 of I% sales and use tax is continued for five years. Section 4: 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 this the 23rd day of May, 2011. -` RENDA BRADLEY SMIT President ATT T t ti LETICI � , 9 Yary ''�rlrrl llltl���'' APPROVED AS TO FORM: AGNACIO RAMIREZ, S eneral Counsel RAkarenTileslCity CouncilTire Control,Presention and Emergency Medical services UistricMesolntionsU011Way 23'Cant ass ingConIinuationElect ion.doc 2