18-45 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 18-45
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ACTING AS THE BOARD OF DIRECTORS OF THE TOWN OF
PROSPER CRIME CONTROL AND PREVENTION DISTRICT, AUTHORIZING
THE IMPOSITION OF THE CRIME CONTROL AND PREVENTION DISTRICT
SALES AND USE TAX AT THE RATE OF ONE-FOURTH OF ONE PERCENT
ON GAS AND ELECTRICITY FOR RESIDENTIAL USE; PROVIDING FOR THE
NOTIFICATION OF THE STATE COMPTROLLER'S OFFICE; PROVIDING FOR
THE NOTIFICATION OF GAS AND ELECTRIC COMPANIES WITHIN THE
BOUNDARIES OF THE TOWN OF PROSPER CRIME CONTROL AND
PREVENTION DISTRICT; PROVIDING FOR THE PUBLICATION OF SAID
RESOLUTION; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on May 5, 2018, the eligible voters of the Town of Prosper Crime Control and
Prevention District whose boundaries are coterminous with the Town of Prosper's corporate
boundaries approved the crime control and prevention district sales and use tax, at the rate of
one-fourth of one percent, as provided by Chapter 363 of the Texas Local Government Code, and
Section 321.108 of the Texas Tax Code, as amended; and
WHEREAS, Section 363.1015 of the Texas Local Government Code authorizes the whole
membership of the Town Council of the Town of Prosper, Texas, to serve as the Board of
Directors of the Town of Prosper Crime Control and Prevention District; and
WHEREAS, the Town of Prosper, Texas, imposes a tax on the residential use of gas and
electricity, pursuant to Section 321.105 of the Texas Tax Code; and
WHEREAS, Section 321.1055 of the Texas Tax Code provides the authority for the Board
of Directors of the Town of Prosper Crime Control and Prevention District to approve by a majority
vote of the membership of the Board of Directors following a public hearing an order or resolution
authorizing the imposition of the crime control and prevention district sales tax authorized by
Section 321.108 of the Texas Tax Code on receipts from the sale, production, distribution, lease,
or rental of, and the use, storage, or other consumption within the crime control and prevention
district of gas and electricity for residential use; and
WHEREAS, consistent with Section 321.1055(b) of the Texas Tax Code, the Board of
Directors of the Town of Prosper Crime Control and Prevention District held a public hearing on
June 26, 2018, and considered public comments provided on the imposition of the crime control
and prevention district sales tax authorized by Section 321.108 of the Texas Tax Code, at the
rate of one-fourth of one -percent on receipts from the sale, production, distribution, lease, or rental
of, and the use, storage, or other consumption within the crime control and prevention district of
gas and electricity for residential use, as authorized by Section 321.1055 of the Texas Tax Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ACTING AS THE BOARD OF DIRECTORS OF THE CRIME CONTROL
AND PREVENTION DISTRICT, THAT:
SECTION 1
All of the above premises are found to be true and correct factual and legislative
determinations of the Town of Prosper Crime Control and Prevention District and are hereby
approved and are incorporated into the body of this Resolution as if copied in their entirety.
SECTION 2
Sales Tax Imposed on Gas and Electricity for Residential Use.
The crime control and prevention district sales tax, at the rate of one-fourth of one percent,
is hereby authorized and imposed on receipts from the sale, production, distribution, lease, or
rental of, and the use, storage, or other consumption within the district of gas and electricity for
residential use, as is provided by Section 321.1055 of the Texas Tax Code, as amended.
SECTION 3
The Town Secretary shall forward to the State Comptroller's office by certified mail return
receipt requested or registered mail a copy of this Resolution.
SECTION 4
The Town Secretary shall send by certified mail return receipt requested or registered mail
a copy of this Resolution, and a copy of the Town of Prosper Crime Control and Prevention
District's boundaries to each gas and electric company whose customers are subject to the tax
imposed by this Resolution.
SECTION 5
The Town Secretary shall cause this Resolution to be published in a newspaper of general
circulation within the Town of Prosper Crime Control and Prevention District.
SECTION 6
It is hereby declared to be the intention of the Town of Prosper Crime Control and
Prevention District that the phrases, clauses, sentences, paragraphs, and sections of this
Resolution are severable, and if any phrase, clause, sentence, paragraph, or section of this
Resolution shall be declared unconstitutional by any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this Resolution, since same would have been enacted by the Town of Prosper
Crime Control and Prevention District without the incorporation in this Resolution of any such
unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions
shall remain in full force and effect.
SECTION 7
This Resolution shall take effect and be in full force on October 1, 2018, and thereafter.
DULY PASSED, APPROVED AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ACTING AS THE BOARD OF DIRECTORS FOR THE TOWN
OF PROSPER CRIME CONTROL AND PREVENTION DISTRICT BY A VOTE OF SEVEN TO
ZERO ON THIS 26TH DAY OF JUNE, 2018.
Resolution No. 18-45, Page 2
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Robyn Bat e, Town ecreta
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
APPROVED:
Ray Smit , Mayor
Resolution No. 18-45, Page 3