18-04 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-04
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, PROPOSING THE CREATION OF THE PROSPER FIRE CONTROL,
PREVENTION, EMERGENCY MEDICAL SERVICES DISTRICT; MAKING
FINDINGS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 363 of the Texas Local Government Code, as amended, known as
the Fire Control, Prevention, Emergency Medical Services District Act, authorizes the Town of
Prosper, Texas, to create a Fire Control, Prevention, Emergency Medical Services District, and
to levy a sales and use tax for financing thereof; and
WHEREAS, Section 363.053 of the Texas Local Government Code requires the proposed
sales and use tax to be approved by a majority of the qualified voters of the Town voting at a
sales and use tax election called and held for that purpose; and
WHEREAS, Section 363.051 of the Texas Local Government Code provides that the
creation of a Fire Control, Prevention, Emergency Medical Services District may be proposed by
a majority vote of the Town Council of the Town of Prosper, Texas; and
WHEREAS, the first step in creating a Fire Control, Prevention, Emergency Medical
Services District is the adoption of an ordinance by the Town Council proposing ssid District and
establishing its boundaries.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper and they are hereby approved and incorporated into the body of
this Ordinance as if copied in their entirety.
SECTION 2
The Town Council of the Town of Prosper, Texas, does hereby propose the creation of
the Prosper Fire Control, Prevention, Emergency Medical Services District, in accordance with
Chapter 363 of the Texas Local Government Code, as amended.
SECTION 3
The boundaries of the proposed District shall correspond to the boundaries of the Town
of Prosper, Texas.
SECTION 4
The proposed District shall have all powers, authority, jurisdiction and obligations
prescribed by the Fire Control, Prevention, Emergency Medical Services District Act, including
but not limited to the power to levy a sales and use tax authorized pursuant to Section 363.055 of
the Texas Local Government Code and Section 323.105 of the Texas Tax Code.
SECTION 5
In accordance with Chapter 363 of the Texas Local Government Code, as amended,
creation of the Prosper Fire Control, Prevention, Emergency Medical Services District shall occur
only after approval by a majority of the qualified voters of the Town voting at a sales and use tax
election ordered by the Fire Control, Prevention, Emergency Medical Services District's temporary
board of directors.
SECTION 6
If upon the fifth (5th) anniversary date of the passage of this Ordinance the Prosper Fire
Control, Prevention, Emergency Medical Services District has not been created, then upon said
date the temporary board of directors shall be dissolved in accordance with Section 363.060 of
the Texas Local Government Code.
SECTION 7
This Ordinance shall take effect immediately upon passage.
PASSED AND APPROVED by the
the 9th day of Ja,�I
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Town Council of the Town of Prosper, Texas, on this
Terrence S. Welch, Town Attorney
APPROVED:
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Ray SmitA, Mayor
Ordinance No. 18-04, Page 2