18-46 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 18-46
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ACTING AS THE BOARD OF DIRECTORS OF THE TOWN OF
PROSPER FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL
SERVICES DISTRICT, AUTHORIZING THE IMPOSITION OF THE FIRE
CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES
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 FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES 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 Fire Control,
Prevention, and Emergency Medical Services District whose boundaries are coterminous with the
Town of Prosper's corporate boundaries approved the fire control, prevention, and emergency
medical services district sales and use tax, at the rate of one-fourth of one percent, as provided
by Chapter 344 of the Texas Local Government Code, and Section 321.106 of the Texas Tax
Code, as amended; and
WHEREAS, on May 5, 2018, the eligible voters of the Town of Prosper Fire Control,
Prevention, and Emergency Medical Services District also approved a ballot proposition
authorizing the whole Town Council of the Town of Prosper, Texas, to serve as the Board of
Directors of the Town of Prosper Fire Control, Prevention, and Emergency Medical Services
District consistent with Section 344.101(e) of the Texas Local Government Code; 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 Fire Control, Prevention, and Emergency Medical Services
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 fire control, prevention, and
emergency medical services district sales tax authorized by Section 321.106 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 fire control, prevention, and emergency medical services 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 Fire Control, Prevention, and Emergency Medical Services
District held a public hearing on June 26, 2018, and considered public comments provided on the
imposition of the fire control, prevention, and emergency medical services district sales tax
authorized by Section 321.106 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 fire control, prevention, and emergency medical services 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 TOWN OF PROSPER
FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES 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 Fire Control, Prevention, and Emergency Medical Services
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 fire control, prevention, and emergency medical services 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 Fire Control, Prevention, and
Emergency Medical Services 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 Fire Control, Prevention, and Emergency Medical Services
District.
SECTION 6
It is hereby declared to be the intention of the Town of Prosper Fire Control, Prevention,
and Emergency Medical Services 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 Fire Control, Prevention, and Emergency Medical Services District without the
incorporation in this Resolution of any such unconstitutional phrase, clause, sentence, paragraph,
Resolution No. 18-46, Page 2
or section, and said remaining portions shall remain in full force and effect.
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 FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES
DISTRICT BY A VOT�4PWRAJF4 1TO ZERO ON THIS 26TH DAY OF JUNE, 2018.
O PRO r�i
�+►'` d,•° °"..•°cS,p ,t��. APPROVED:
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4•op. � Ray Smi h, Mayor
ATTEST:,, aa°amea.a•••w `�•
TEXAS,'
n Bat#'e, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 18-46, Page 3