HomeMy WebLinkAboutOrd. 2011-3350 - canvass 5-4-11 election creating La Porte Fire Control, Prevention, and Emergency Medical Services District 5
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: May 23, 2011 Budget
Requested By: Mayor Louis Rigby Source of Funds: N/A
Department: City Council Account Number: N/A
Report: Resolution: Ordinance: X Amount Budgeted: N/A
Amount Requested: N/A
Exhibits: Ordinance
Budgeted Item: YES NO
Exhibits: Election Reports
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
This ordinance canvasses the results of the May 14, 2011, special election for the creation and
tax election of the La Porte Fire Control, Prevention and Emergency Medical Services District.
Acti 'red by Council:
Ad rs ance canvassing the results of the May 14, 2011, special election for the creation and tax
e tion of s - a Porte Fire • •ntrol, Prevention and Emergency Medical Services District.
1 i rov1 fo i C un ' ' . enda
ASTE 3,-/4 /„
Ron Bottoms, 't - anager Date
ORDINANCE NO. 2011- 3 3 5 0
AN ORDINANCE DECLARING THE RESULTS OF THE CREATION AND TAX ELECTION
OF THE LA PORTE FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES
DISTRICT HELD IN THE CITY OF LA PORTE ON MAY 14, 2011; ADOPTING A
ONE - FOURTH OF ONE PERCENT SALES AND USE TAX FOR FINANCING THE OPERATION
OF THE LA PORTE FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL
SERVICES DISTRICT WITHIN THE TERRITORY OF THE DISTRICT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, on December 13, 2010, the City Council of the City of
La Porte via Ordinance No. 2010 -10, proposed the creation of the La
Porte Fire Control, Prevention, and Emergency Medical Services
District (the "District ") and established the city limits of the City
of La Porte as the boundaries of the District (the "Territory "); and
WHEREAS, after all of the prerequisites to ordering the creation
and tax election were satisfied by the City Council of the City of La
Porte and the Temporary Board of the District, a creation and tax
election was ordered on February 15, 2011; and
WHEREAS, on May 14, 2011, a uniform election date, voters within
the Territory voted upon the following proposition:
PROPOSITION NO. 1
The creation of the La Porte Fire Control, Prevention, and Emergency
Medical Services District dedicated to fire safety and emergency
medical services and the adoption of a proposed local sales and
use tax at a rate of one - fourth of one percent (0.25 %); and
WHEREAS, on May 23, 2011, the Temporary Board of the District
canvassed the results of the creation and tax election and found the
votes cast were as follows:
PROPOSITION NO. 1
The creation of the La Porte Fire Control, Prevention, and Emergency
Medical Services District dedicated to fire safety and emergency
medical services and the adoption of a proposed local sales and
use tax at a rate of one - fourth of one percent (0.25 %).
For 928 votes
Against 570 votes; and
WHEREAS, because the votes cast for the creation of the District
exceed the votes cast against the same by 358 votes, the Temporary Board
of the District issued an order declaring the District created on May
23, 2011; and
WHEREAS, pursuant to Section 344.055 of the Texas Local
Government Code and Section 321.106 of the Texas Tax Code, the City
Council of the City of La Porte is the governing body responsible for
adopting the sales and use tax in the Territory;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE:
Section 1. That the City Council of the City of La Porte finds
that the above referenced recitals are true and correct.
Section 2. That the City Council of the City of La Porte, based
upon the results of the creation and tax election ordered by the
Temporary Board of the La Porte Fire Control, Prevention, and Emergency
Medical Services District, declares the District created and the
one - fourth of one percent sales and use tax in the Territory authorized
in accordance with all applicable laws.
Section 3. Based upon the declarations of the Temporary Board
of the La Porte Fire Control, Prevention, and Emergency Medical
Services District and of the City Council in Section 2 hereinabove,
the City Council of the City of La Porte hereby adopts a one - fourth
of one percent sales and use tax in the Territory for the purpose of
financing the operation of the District, which tax shall be charged
in addition to any other sales and use tax authorized by law.
Section 4. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the
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Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 5. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 23rd day of May, 2011.
CITY • i ORTE
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BY: Ambi1Y A
iou s R. Ri!. , Mayor
AT ST:
l rLa- 4/ i r' ri
Patrice Fogare
City Secretary
APPROVED:
/ r
K ox W. Askins
City Attorney
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