Election Documents

JOIN OUR

Fire Department

Interested in joining a worthwhile organization and helping your community?

join our team today!

AMENDED ORDER FOR ELECTION TO BE HELD MAY 3, 2025 ON THE

PROPOSITION OF AUTHORIZING MONTGOMERY COUNTY EMERGENCY

SERVICES DISTRICT NO. 7 PURSUANT TO IMPOSE A SALES AND USE TAX AS PROVIDED UNDER TEXAS

HEALTH & SAFETY CODE \775.0751 AND \775.0752

WHEREAS, MONTGOMERY COUNTY EMERGENCY SERVICES DISTRICT NO. 7 (the "District") operates pursuant to Texas Constitution, Article Ill, 48-e, and Chapter 775, Texas Health & Safety Code; and

WHEREAS, the District is a Montgomery County District and is therefore governed by an appointed Board of Emergency Services Commissioners under Chapter 775, Texas Health & Safety Code; and

WHEREAS, *775.0345, Texas Health & Safety Code, requires that such Election be held in conformity with 41.001, of the Texas Election Code, providing for Uniform Election Dates; and

WHEREAS, 5775.0751, Texas Health & Safety Code, provides that the District may adopt a sales and use tax at an election held as provided by 5775.0752 of the Texas Health & Safety Code; and

WHEREAS, the District may impose the tax at a rate from one-eighth of one percent to two percent in increments of one-eighth of one percent; and

WHEREAS, the District may not adopt a tax if as a result of the adoption of the tax the combined rate of all sales and use taxes imposed by the District and other political subdivisions of this state having territory in the District would exceed two percent (2%) at any location in the District; and

WHEREAS, the District specifically excludes from the application of any increase in its sales and use tax rate any areas where the combined rate does currently or would as a result of the election and application of the District's entire two percent (2%) exceed a total local sales and use tax of two percent (2%); and

WHEREAS, the District Board of ESD Commissioners finds that it would be in the best interests of the District and the residents and commercial interests situated in the District to afford the eligible voters within the District the opportunity to determine whether the District should impose a local sales and use tax at a rate of two percent (2%), excluding any areas where there currently exists a two percent (2%) local sales and use tax; and

WHEREAS, Texas Health & safety code, *775.0752 and Texas Tax code, 923.403, requires that such Election be held on the next uniform election day not less than 30 days after the day on which the order calling the election was passed,

WHEREAS, the next uniform date for an election called under such circumstances is May 3, 2025,

NOW, THEREFORE, IT IS HEREBY ORDERED that an Election be held in Montgomery County Emergency Services District No. 7 on Saturday, May 3, 2025, between the hours of 7:00 a.m. and 7:00 p.m., on the following proposition:

"The adoption of an increased local sales and use tax in Montgomery County Emergency Services District No. 7 (also known as the East Montgomery County Fire Department) at a rate not to exceed two percent (2%) in any location in the district. "

IT IS FURTHER ORDERED that:

  1. The ballot for the Sales Tax Election shall provide for voting "for" or "against" the above stated proposition. A majority of the votes cast either "for" or "against" the proposition shall determine whether the proposition is adopted. A vote "for" shall mean a vote in favor of the proposition and a vote "against" shall mean a vote against the proposition.
  2. The Election shall be held within one (1) District Election Precinct and at the Polling Place designated by Order of the District Board of Emergency Services Commissioners, subject to any changes that may be made under the authority of such Order:

Montgomery County Precincts

Location

7, 12, 16, 26, 36, 41, 42, 52,

East Montgomery Fire Department

53, 54, 64, 111

Fire Station 151

19870 FM 1485 West

New Caney, Texas 77357

  1. Only persons qualified to vote within the geographic boundaries of Montgomery County Emergency Services District No. 7, shall be allowed to vote in the Montgomery County Emergency Services District No. 7 Election and each voter shall vote at the Polling Place designated by Order of Montgomery County Emergency Services District No. 7.
  2. The voting in the District's Election Precincts shall utilize the Verity Voting System (Hart version 2.7) as certified by Texas Secretary of State, August 24, 2023.
  3. Wade Julian is hereby designated as the Early Voting Clerk for this Election. Early voting shall be conducted on weekdays from April 22, 2025 (the date which represents the earliest date on which early voting may begin) through April 29, 2025 (the date which represents the last day on which early voting may be performed). The location of the main early voting is designated as follows:

9:00 a.m. — 6:00 p.m., East Montgomery Fire Department

Fire Station 151, New Caney, Texas 77357

  1. For the use of those voters in the District who are entitled by law to vote early by mail, the Early Voting Clerk above named shall receive applications for early voting ballots to be voted by mail in accordance with the Texas Election Code. For the use of those voters who are

- 2 -

entitled by law to vote an early voting ballot by mail, the District shall provide each voter with a paper ballot and instructions to make a mark on the paper ballot.

  1. Ballot applications and ballots voted by mail shall be sent to the Early Voting Clerk at East Montgomery County Fire Department Station 151, 19870 FM 1485 West, New Caney, Texas 77357. There shall be no provision for telephonic facsimile transmission of ballot applications. The ballot applications must be received by April 22, 2025, at 5:00 p.m.
  2. The following concurrent and subsequent Orders, among other Orders, may be made by the District to facilitate the Election: Order Approving and Appointing an Agent; Order Establishing and Designating Election Precincts and Polling Places; Order Appointing Presiding Election Judges; Order Appointing Early Voting Ballot Board; Order Appointing an Early Voting Clerk.
  3. In accordance with all applicable Federal and State law, there shall be provided a

Spanish translation of the ballot as well as other election materials.

  1. This Order constitutes the Election Order of MONTGOMERY COUNTY EMERGENCY SERVICES DISTRICT NO. 7 Election to conduct an election on the proposition "The adoption of a local sales and use tax in MONTGOMERY COUNTY EMERGENCY SERVICES DISTRICT NO. 7 at a rate not to exceed two percent (2%) in any location in the district." The Notice of the Election shall be prepared in accordance with the law and shall be given by publication of the Notice of Election along with the Order designating the Voting Precincts and Polling Places for the Election. Such publication shall be made one time in a daily newspaper of general circulation within the geographic boundaries of the District, said publication to be made not earlier than the 30th day nor later than the 10th day before the Election Date. Further, a copy of such Notice shall, not later than the 21st day before the Election Date, be posted on the bulletin board or other place conspicuous to the public used for posting Notices of the meetings of the District Board ofESD Commissioners and a copy shall be filed with the County Clerk of Montgomery County, Texas. After publication, the District Board of ESD Commissioners shall retain a copy of the published Notice that contains the name of the newspaper in which it was published and the date of publication.

ADOPTED at Open Meeting this the 30th day of January 2025, by a vote of to D .

MONTGOMERY COUNTY EMERGENCY SERVICES DISTRICT N

By:

Jacqu i

Secretary