18-34 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-34 AND JOINT ORDER
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AND A JOINT ORDER OF THE TEMPORARY BOARD OF DIRECTORS
OF THE TOWN OF PROSPER CRIME CONTROL AND PREVENTION
DISTRICT AND THE TEMPORARY BOARD OF DIRECTORS OF THE TOWN
OF PROSPER FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL
SERVICES DISTRICT, CANVASSING RETURNS AND DECLARING RESULTS
OF A SPECIAL ELECTION HELD ON MAY 5, 2018, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF THE PROPOSED DISTRICTS
COMPRISING THE TOWN OF PROSPER, TEXAS, A BALLOT PROPOSITION
TO CREATE EACH PROPOSED DISTRICT AND ADOPT A SALES AND USE
TAX FOR EACH PROPOSED DISTRICT AT THE RATE OF ONE-FOURTH OF
ONE PERCENT DEDICATED TO CRIME CONTROL AND PREVENTION
PROGRAMS AND TO FIRE CONTROL, PREVENTION AND EMERGENCY
MEDICAL SERVICES PROGRAMS, RESPECTIVELY, AND REPEALING THE
ADDITIONAL SALES TAX FOR PROPERTY TAX RELIEF AT THE RATE OF
ONE-HALF OF ONE PERCENT, AND A BALLOT PROPOSITION TO
DESIGNATE THAT THE TOWN COUNCIL OF THE TOWN OF PROSPER MAY
BY RESOLUTION BE APPOINTED AS THE BOARD OF DIRECTORS FOR
SAID FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL
SERVICES DISTRICT; ORDERING THAT THE TOWN OF PROSPER CRIME
CONTROL AND PREVENTION DISTRICT AND THE TOWN OF PROSPER FIRE
CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES
DISTRICT BE CREATED; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council'), issued an
order on February 13, 2018, and the Temporary Board of Directors of the Town of Prosper Crime
Control and Prevention District and the Temporary Board of Directors of the Town of Prosper Fire
Control, Prevention and Emergency Medicals Services District on January 29, 2018, jointly issued
an order directing that a special election be held on May 5, 2018, for the purpose of considering
whether (1) a crime control and prevention district sales and use tax at the rate of one-fourth of
one percent shall be imposed within the said district pursuant to Chapter 363 of the Texas Local
Government Code, for the purposes of crime reduction programs; (2) whether a fire control,
prevention, and emergency medical services district sales and use tax at the rate of one-fourth of
one percent shall be imposed within the said district pursuant to Chapter 344 of the Texas Local
Government Code, for the purposes of fire safety and emergency medical services programs; (3)
whether to repeal the additional sales tax for property tax relief at the rate of one-half of one
percent; and (4) whether the Town Council should serve as the Board of Directors of the Town of
Prosper Fire Control, Prevention, and Emergency Medical Services District; and
WHEREAS, the Collin County Elections Administrator and the Denton County Elections
Administrator that held said special election have duly made the returns of the results thereof,
and said returns have been duly delivered to this Town Council and the Temporary Board of
Directors of the Town of Prosper Crime Control and Prevention District and the Temporary Board
of Directors of the Town of Prosper Fire Control, Prevention and Emergency Medicals Services
District; and
WHEREAS, the Town Council and the Temporary Board of Directors of the Town of
Prosper Crime Control and Prevention District and the Temporary Board of Directors of the Town
of Prosper Fire Control, Prevention and Emergency Medicals Services District find and declare
that the meeting at which this Ordinance is considered is open to the public as required by law,
and that the public notice of the time, place and purpose of the meeting was given as required by
Section 551.041 of the Texas Government Code, as amended, and that this canvass of election
results is in compliance with Section 363.059 of the Texas Local Government Code, as amended,
and Section 344.059 of the Texas Local Government Code, as amended; and
WHEREAS, said special election was duly and legally held on May 5, 2018, in the Town
and in conformity with the election laws of the State of Texas, and the result of said special
election have been certified and returned by the proper judge and clerks thereof; and
WHEREAS, the Town Council and the Temporary Board of Directors of the Town of
Prosper Crime Control and Prevention District and the Temporary Board of Directors of the Town
of Prosper Fire Control, Prevention and Emergency Medicals Services District have considered
the returns of the special election held on May 5, 2018.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AND ORDERED BY THE TEMPORARY BOARD OF DIRECTORS OF THE
TOWN OF PROSPER CRIME CONTROL AND PREVENTION DISTRICT AND THE
TEMPORARY BOARD OF DIRECTORS OF THE TOWN OF PROSPER FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT, THE FOLLOWING:
SECTION 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Order as if copied in their entirety.
SECTION 2
The official canvass of the returns of the Special Election on May 5, 2018, reflects that the
following number of votes were cast in favor of and in opposition to the propositions referenced
herein:
Ordinance No. 18-34 and Joint Order, Page 2
Proposition
(Summary Language*)
Total Number of
Absentee and
Early Voting Votes
Total Number of
Votes on Saturday,
May 5, 2018
Total Number
of Votes
Proposition A: The creation
of the Town of Prosper Fire
Control, Prevention, and
Emergency Medical Services
District, Town of Prosper
Crime Control and
Prevention District and the
adoption of a proposed local
sales and use tax at a rate of
one-fourth of one percent for
each district, and the
abolition of the additional
sales and use tax for
property tax relief at the rate
of one-half of one percent
FOR
532
273
805
AGAINST
263
142
405
Proposition B: Should the
voters authorize the creation
of the Town of Prosper Fire
Control, Prevention, and
Emergency Medical Services
District, whether the Town
Council by resolution may
appoint the Town Council to
serve as the Board of
Directors
FOR
521
279
800
AGAINST
251
132
383
* Verbatim proposition language is attached hereto as Exhibit A, and incorporated by reference
SECTION 3
Pursuant to the applicable provisions of the Texas Local Government Code, Texas Tax
Code and Texas Election Code, the Town Council and the Temporary Board of Directors of the
Town of Prosper Crime Control and Prevention District and the Temporary Board of Directors of
the Town of Prosper Fire Control, Prevention and Emergency Medicals Services District officially
find and determine that a majority of the votes cast at said Special Election favor (1) the creation
of the Town of Prosper Crime Control and Prevention District and the adoption of a sales and use
tax at the rate of one-fourth of one percent; (2) the creation of the Town of Prosper Fire Control,
Prevention and Emergency Medical Services District and the adoption of a sales and use tax at
Ordinance No. 18-34 and Joint Order, Page 3
the rate of one-fourth of one percent; (3) the repeal of an additional sales tax for property tax relief
at the rate of one-half of one percent; and (4) the Town Council may serve as the Board of
Directors of the Town of Prosper Fire Control, Prevention and Emergency Medical Services
District.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance and Joint Order are hereby
repealed to the extent they are in conflict, and any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 5
If any word, section, article, phrase, paragraph, sentence, clause, or portion of this
Ordinance and Joint Order or application thereto to any person or circumstance is held to be
invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the
validity of the remaining portion of this Ordinance and Joint Order; and the Town Council and
respective Temporary Board of Directors hereby declare it/they would have passed such
remaining portions of this Ordinance and Joint Order despite such invalidity which remaining
portions shall remain in full force and effect.
SECTION 6
This Ordinance and Joint Order shall take effect from and after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AND BY THE TEMPORARY BOARD OF DIRECTORS OF THE PROSPER
FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT AND
THE TEMPORARY BOARD OF DIRECTORS OF THE PROSPER CRIME CONTROL AND
PREVF.NJ"f6K4%P,T ON THIS THE 14TH DAY OF MAY, 2018.
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Nft��� ` f APPROVED:
a
y Ray Smith, Mayor
TEXAS _a■�tt
Town Secretary
Ordinance Pio. 18-34 and Joint Order, Page 4
APPROVED AS TO FORM:
't- I---,
VC, L,
Terrence S. Welch, Town Attorney
Presiding Officer, Tqffiporary Board of,
Directors, Prosper Control and
Prevention District
Presiding Officer,
Directors, Pros
Prevention, and
Services District
Ordinance No. 18-34 and Joint Order, Page 5
fy mporary Board of
r Fire Control,
Emergency Medical
EXHIBIT A
TOWN OF PROSPER PROPOSITION A
"The creation of the Town of Prosper Fire Control, Prevention, and
Emergency Medical Services District dedicated to fire safety and emergency
medical services programs and the adoption of a proposed local sales and
use tax at a rate of one-fourth of one percent, and the creation of the Town
of Prosper Crime Control and Prevention District dedicated to crime
reduction programs and the adoption of a proposed local sales and use tax
at a rate of one-fourth of one percent, and the abolition of the additional sales
and use tax for property tax relief within the Town of Prosper at the rate of
one-half of one percent."
TOWN OF PROSPER PROPOSITION B
"Should the eligible voters authorize the creation of the Town of Prosper Fire
Control, Prevention, and Emergency Medical Services District dedicated to
fire safety and emergency medical services programs, whether the Town
Council of the Town of Prosper by resolution may appoint the Town Council
of the Town of Prosper to serve as the Board of Directors of the Prosper Fire
Control, Prevention, and Emergency Medical Services District."
Ordinance No. 18-34 and Joint Order, Page 6