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Home My WebLink AboutRES 98-75 RESOLUTION NO. y WHEREAS, a petition was received by the City of Beaumont requesting that the City of Beaumont give written consent for the conversion of the "Hardin County Rural Fire Protection District No. 1" into the "Hardin County Emergency Services District No. 4", in accordance with the requirements of Section 775.014 of the Health and Safety Code of the State of Texas; and WHEREAS, the City of Beaumont desires to provide written consent for the conversion and formation of such districts; and WHEREAS, the date of this resolution is less than sixty (60) days after the date on which the City of Beaumont received the request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT it hereby consents to the conversion and formation of the "Hardin County Emergency Services District No. 4 as described in Exhibit "A" attached hereto and made part hereof for all purpose; and BE IT FURTHER RESOLVED that this resolution shall serve as the written consent of the City of Beaumont to the conversion and formation of such "Hardin county Emergency Services District No. 4". PASSED BY THE CITY COUNCIL of the City of Beaumont this the G day of A,�_ 1998. - Mayor - 10 March 24, 1998 Consider approving a resolution giving written consent for the conversion of the Hardin County Rural Fire Protection District No. 1 into the "Hardin County Emergency Services District No. 4" The Lumberton Volunteer Fire Department would like to convert the existing Hardin County Rural Fire Prevention District No. 1 into an "Emergency Services District." As a result, increased financing would be available for Lumberton's fire and rescue operations. Areas within the current and proposed districts are in the extra-territorial jurisdiction of the City of Beaumont, and creating the new district requires approval by the Council. If the Council does not approve the request by resolution, a petition meeting certain requirements can be submitted to the City. The City Attorney has written a memorandum relating to the conversion process and how it might effect the City of Beaumont. The Fire Chief has reviewed the information and feels comfortable about the creation of the new district. Additional information is attached for your review. 4 Lumberton Volunteer Tire Department March 9, 1998 Beaumont City Council c/o Ray Riley—City Manager P.O.Box 3827 Beaumont,Texas 77704 Honorable Mayor and City Council Members, The Lumberton Volunteer Fire Department and it's membership are currently working to convert the existing Hardin County Rural Fire Prevention District No. 1 into an "Emergency Services District". Many positive opportunities will be realized if we are successful in this effort. One of which,will be the increased financing for our current fire and rescue operations. However, the largest benefit will be noted by the new and improved services and skills we have planned for those finances. Our Fire District was the first to be approved by property owning voters in Hardin County, back in August of 1977,some twenty-one(21) years ago. Since then,the Fire District has been operating on the maximum allowable Rural Fire District tax permissible by law. During that time, the cost of insurance, operations, firefighting apparatus and equipment, and required training has increased dramatically. Our volunteer members already delicately balance their time between their families, jobs, hobbies, and civic or club activities in addition to the countless hours spent training, traveling, maintaining equipment and records, and performing fund raising activities for the fire department. We have no other avenue to pursue, other than this district conversion, to raise additional funds for the needed improvements we have planned. In order to proceed with this effort, we are required to get the approval of the Council, by way of a written resolution, to convert the current district. This is because areas within the current and proposed districts are in the extra territorial jurisdiction(ETJ)of the Beaumont City municipality. I have provided for your review, a copy of the resolution that the City of Kountze signed for the Kountze Volunteer Fire Department. If this effort meets with your agreement,we would greatly appreciate your assistance with the resolution for your area. Please feel free to call upon me or other members of the department if you have any questions at all. Thank you for your time in this matter. Sincerely, z Dennis M. Gifford Lumberton Fire Department P.O. Box 8005 • Lumberton, Texas 77711 • (409)755-34-0-0— Hardin County Rural Fire Prevention District No. 1 Budget 1996 1997 1998 HCRFPD#1 Tax levy at a 90% collection rate = $91,967.21 $94,973.29 $98,371.29 Building Note $13,712.92 $13,712.92 Insurance $28,000.00 $31,450.37 GSU $3,500.00 $3,200.00 SWB $300.00 $400.00 Entex $500.00 $400.00 LMUD $300.00 $300.00 HCAD $2,000.00 $2,000.00 Garbage $300.00 $360.00 CPA $2,300.00 $4,000.00 Communications $6,000.00 $5,000.00 Truck Repairs $3,000.00 $2,500.00 Building Maint. $4,000.00 $3,500.00 Office Supplies $800.00 $600.00 Schools/Education $3,204.29 $4,500.00 SETRPC Dues $50.00 $50.00 Contingency $3,000.00 $2,000.00 Capitol Outlay $21,000.00 $21,000.00 Total $91,967.21 Total $94,973.29 Total $98,371.29 Page 1 Hardin County Rural Fire Prevention District or Emergency Services District Current Property Valuation $0.03 $0.04 $0.05 $0.06 $0.07 $0.08 $0.09 $0.10 $20,000 $6.00 $8.00 $10.00 $12.00 $14.00 $16.00 $18.00 $20.00 $40,000 $12.00 $16.00 $20.00 $24.00 $28.00 $32.00 $36.00 $40.00 $60,000 $18.00 $24.00 $30.00 $36.00 $42.00 $48.00 $54.00 $60.00 $80,000 $24.00 $32.00 $40.00 $48.00 $56.00 $64.00 $72.00 $80.00 $100,000 $30.00 $40.00 $50.00 $60.00 $70.00 $80.00 $90.00 $100.00 $120,000 $36.00 $48.00 $60.00 $72.00 $84.00 $96.00 $108.00. $120.00 $140,000 $42.00 $56.00 $70.00 $84.00 $98.00 $112.00 $126.00 $140.00 $160,000 $48.00 $64.00 $80.00 $96.00 $112.00 $128.00 $144.00 $160.00 $180,000 $54.00 $72.00 $90.00 $108.00 $126.00 $144.00 $162.00 $180.00 $200,000 $60.00 $80.00 $100.00 $120.00 $140.00 $160.00 $180.00 $200.00 $220,000 $66.00 $88.00 $110.00 $132.00 $154.00 $176.00 $198.00 $220.00 $240,000 $72.00 $96.00 $120.00 $144.00 $168.00 $192.00 $216.00 $240.00 $260,000 $78.00 $104.00 $130.00 $156.00 $182.00 $208.00 $234.00 $260.00 $280,000--j84.00 $112.00 $140.00 $168.00 $196.00 $224.00 $252.00 $280.00 $300,000 $90.00 $120.00 $150.00 $180.00 $210.00 $240.00 $270.00 $300.00 Page 1 AP' I i i EMERGENCY SERVICES DISTRICTS § 775.072 Ch. m § 715.056. Conversion of Rural Fire Prevention District (a) Qualified voters who own taxable real property in a rural fire preven- don district may present a petition in the manner provided by thisIchapter for creation of a district to convert the rural fire prevention district to an i emergency services district. (b) If a rural fire prevention district is converted to an emergency services district, the district assumes all obligations and outstanding indebtedness of the rural fire prevention district. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ; I Revisor's Mote The revised law retains the requirement that a person signing a petition own j taxable real property in the district for the reason stated in the revisor's note under Section 775.011. Historical and Statutory [Motes I Prior Laws: 1 Acts 1987, 70th Leg., ch 673. Vernon's Ann.Civ.St. art 2351a-8, § 33. i [Sections 775.057 to 775.070 reserved for expansion] =f 1' SUBCHAPTER E. FINANCES AND BONDS t § 775.071. Limitation on Indebtedness ;1;g Except as provided by Section 775.051, Section 775.072, and Sections M 775.077-775.081, a district may not contract for an amount of indebtedness in any one year that is in excess of the funds then on hand or that may be paid from current revenues for the year. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical and Statutor} !Motes i Prior Laws: 1 ' Acts 1987, 70th Leg., ch. 673. Vernon's Ann.Civ.St. art. 235la-8, § 19. i Library References Municipal Corporations 9-858 et seq. . WESTL.AW Topic No, 268, U.S. Municipal Corporations § 1833. § 775.072. Depositories (a) The board shall designate one or more banks to serve as depositories »i for district funds. 319 to. mom SAFETY DISTRICTS IN COUNTIES OF 125,000 OR LESS §776.014 Title 9 Ch. 776 (6) an agreement signed by at least two petitioners that obligates them to ,.civ.SL art. 2351a-9, § 2(a), pay not more than;150 of the costs incident to the formation of the district, including the costs of publishing notices,election costs, and other necessary and incidental expenses. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Revisoes Note Section 3(b)(5)of the source law requires the petition to contain the mauling sated in More Than One address of each petitioner "residing in the county wherein the county judge presides." Section 3(c)of the source law requires two petitioners who"reside In the county wherein the county judge Presides" to agree to pay the costs vated in more than one incident to the formation of the district. The revised law omits the reference e of each county in which to residency in the county in which the county judge presides as unnecessary must be signed by at least because Section 776.012(a)of the revised law authorizes only those persons to rty that is located in the sign the petition. osed district. If there are ition must be signed by a Historical and Statutory Notes Prior Laws; Vernon's Ann.CivSL art. 2351a 9, §§ 2(b), Acts 1987, 70th Leg., ch. 837, § 3. (c); 3(b), (c), ion must be" § 776.014. Creation of District That Includes Municipal Territory (a) When creation of a district that contains territory within 'a municipali- ty's limits or extraterritorial jurisdiction is proposed, a written request to include that territory in the district must be presented to the municipality's ;on signing a petition own r , governing body. Except as provided by Subsection(c), that territory may not. stated in the revisor's note be included in the district unless the municipality's governing body in writing approves the request for inclusion not later than the 60th day after the date on >tes which the request is received. Ann.CivSt art. 2351a-9, § 3(?), (b) If the municipality's governing body does not approve the request for inclusion within the period prescribed by Subsection (a), a majority of the qualified voters and the owners of at least 50 percent of the territory that is in the municipality's limits or extraterritorial jurisdiction and that Is to be included in the district may petition the governing body to make emergency contain: services available to their territory. The petition must be submitted to the ited and is to operate under governing body not later than the 90th day after the date on which the -ition, as proposed by SJ•L municipality receives the request. °ssion, 1987, and adopted by (c) The refusal or failure of the municipality's governing body to act on the 37; petition requesting emergency services within six months after the date on which the petition is received constitutes consent for the territory that is the subject of the petition to by included in the proposed district. y metes and bounds or oth er (d) If the proposed district will include territory desi •-� ry gnated by a municipal- 'tY as an industrial district under Section 42.044, Local Government Code, a in the proposed distri ct 'equest for inclusion of that territory must.be presented to the municipality's ct; governing body in the same manner provided by this section for territory and ""thin the limits or extraterritorial jurisdiction of a municipality. 335 776.014 SAFETY VI�R6ICTS IN COUNTIES t § Title 9 x x(e) Not later than the 21st d. (e) If the municipality's governing body consents to the inclusion in the held, the sheriff shall post one proposed district of territory within the municipality's limits or extraterritori• sheer shall also have the noti al jurisdiction,or in an industrial district, the territory maybe included in the lion in the proposed district or district in the same manner as other territory under this chapter. publication must occur not la (f) A governing body's consent under this section expires six months after the hearing will be held. the date on which the consent is given. ' (f) The return of each offic Acts 1989,71st Leg.,ch. 678, § 1, eff.Sept. 1, 1989. Amended by Acts 1989,71st Leg., (1) be endorsed or attacl 1st C.S., ch. 32, § 1, eff. Sept. 1, 1989. (2) show the execution o Revisor's Note _ _ (3) specify each date on (1) Subsection(d)of the source law refers to"Section 5, Municipal Annexa. (4) include a printed col tion Act (Article 970a, Vernon's Texas Civil Statutes)." That section was Acts 1989,71st Leg., ch. 678, § '• codified in 1987 as Section 42.044, Local Government Code. The revised law 1st C.S., ch. 32, § 2, eff. Sept. 1 reflects this change. (2) The source law refers to the "corporate limits .......... of a city." Hlst( Since under the Local Government Code all municipalities are incorporated, prior Laws: the revised law omits as redundant the reference to "corporate." Acts 1987,70th Leg„ch. 837, § 3 Historical and Statutory Notes '{r Prior Laves: § 776.016. Hearing Acts 1987,70th Leg., ch. 837, § 3. :`* (a) At the time and place Vernon's Ann.CivSt.art. 2351a-9, §10. time, the commissioners c, .relating to creation of the c § 776.015. Filing of Petition and Notice of Hearing (b) Any interested person (a) The county judge may receive a petition for creation of a district if the person or by attorney to sl petition is in proper form and shall file it with the county clerk. may offer pertinent testimc (b) At the next regular or special session of the commissioners court held (c) The commissioners c after the petition is filed with the county clerk, the commissioners court shall issue relating to the creatic set a place, date, and time for the hearing to consider the petition. considers proper. The cc (c) The county clerk shall issue a notice of the hearing. The notice must necessary. state: Acts 1989, 71st Leg., ch. 678, (1) that creation of a district is proposed; (2) that the district is to be created and is to operate under Article III, Hi Section 48-1 of the Texas Constitution, as proposed by S.J.R. No. 27,Acts of prior Lays.. the 70th Legislature, Regular Session, 1987, and adopted by the voters at an Acts 1987, 70th Leg., ch. 837, f election held November 3, 1987; Vernon s Ann.Ov.St. art. 2351, (3) the name of the proposed district; (4) the district's boundaries and functions as stated in the petition; § 776.017. Petition AP (5) the place, date, and time of the hearing; and a If after the hearing (6) that each person who has an interest in the creation of the district district is feasible, will I may attend the hearing and present the person's opinion for or against public safety, welfare, ar creation of the district. property or natural rest (d) The county clerk shall retain a copy of the notice and shall deliver court shall grant the peti sufficient copies of the notice to the sheriff for posting and publication. 336 PETITION CALLING FOR THE "CONVERSION" of the HARDIN COUNTY RURAL FIRE PREVENTION DISTRICT No. 1 Q to the (� HARDIN COUNTY G EMERGENCY SERVICES DISTRICT No. 4 We the undersigned,pursuant to Articlelll,Section 48—e of the Texas Constitution and Chapter 775 of the Health and Safety Code of the State of Texas hereby present to the County Judge of Hardin County,Texas,this petition,and through the County Judge to the Commissioners Court of said county,proposing that an election be called of qualified voters within the boundaries hereinafter described for the purpose of converting a Rural Fire Prevention District to an Emergency Services District in Hardin County,Texas. Each petitioner,who has signed this petition,has been asked to read,or have read to such petitioner,the entirety of the petition. Each of us,the petitioners,affirm the following: 1. Each petitioner verifies that he or she is a qualified voter of Hardin County,Texas and that he or she owns taxable real property within the boundaries of Hardin County, Texas. 2. Each petitioner desires to convert the Rural Fire Prevention District to an Emergency Services District for the area within said boundaries. 3. The district, the boundaries of which are designated by metes and bounds or other sufficient legal description is to be created and is to operate under Article HI, Section 48-e of the Texas Constitution, as proposed by S.J.R. No. 27, Acts of the 70'h Legislature, Regular Session, 1987, and adopted by the voters at an election held November 3, 1987. The district shall encompass all of the Lumberton Independent School District,as per the metes and boundaries described in attachment"A". 4. The name of the proposed district shall be Hardin County Emergency Services District No. 4. 5. None of the land encompassed within the boundaries of the proposed district is now included within any other emergency services district. 6. The mailing address of each petitioner reflects that each petitioner resides within Hardin County,Texas. 7. Herein; below are set out the signatures and addresses of at least one hundred(100)or more qualified voters in the proposed Emergency Services District,who also own taxable real property within the bounds of such proposed Emergency Services District: 8. The said Emergency Services District is a special property taxing entity that will have a rate of NOT iIN10RE THAN ten cents(.10) per one hundred dollars($100)evaluation of said property. In addition to the above statements affirmed by each petitioner hereinabove,the following two petitioners,whose names are listed herein,agree and obligate themselves to pay the cost incident to the conversion of the proposed district,a sum of money not to exceed $150.00,which shall include among other necessary and incident expenses,the cost of publication of notices and election costs. (Name) (Name) The Metes and Boundaries of the Lumberton Independent School District BEGINNING at the mouth of Pine Island Bayou where the same intersects Neches River; THENCE West with the meanders of Pine Island Bayou to the East line of the Walker Petit Survey; THENCE North with the East line of said Walker Petit Survey to the Northeast corner of the Keeton M.Jones Survey; THENCE East in the South line of the W.C.R.R.Co.4383 Survey to its Southeast corner; THENCE North to its Northeast corner; THENCE West to the Southwest corner of the Edwards Arriola Survey; THENCE North to the Northwest corner of the Francisco Arriola Survey; THENCE East to the Southeast corner of the William Mann Survey; THENCE North to the Northwest corner of the J. Walea Survey; THENCE East with the North line of the J. Walea Survey to the Southeast corner of the John Bryan Survey; THENCE North to the Northwest corner of the A.Franklin Survey; THENCE East to the Southeast corner of the H.G.King Survey; THENCE North to the Northwest corner of the A.Lancaster Survey; THENCE East with the North line of the A. Lancaster Survey; THENCE Southeast with the meanders of Village Creek to the mouth of Village Creek and Neches River; THENCE South with the meanders of the Neches River to the place of beginning. EXHIBIT"A" ' � � r ••w o ( I 1� �. ,IIII,I . it I(jlljjj1111(i.'I�Il�fll� I�I,I j�lt� II ((� j(II jl (� I i ! � l flr„ilul�lul illil«,,,uul�tltlllllliiiVIIII(�i�ili �l ,I��'I VIII �((I+► `!!fl(II ',II �II�'I �( ... ., ....•�..».t,,,,.... .a......t!; a„!1►fl ��ulllltll��tu ��ftiIII�II�II1i�lil�,��i��l:j�l It•� �„�:,:,uuullu':�r�i:�:'i��+I�`.I�r'��+.a�l�Ilj(�o. , 1 I. �n. ) 'may •I , ,�• - '- f •~ • •. r-�, ,._�.�... i .� III' - -� II ---- '• • . � - -t��, •' ' � � � ��.�' �•�;J ��r ',s�,r 1 x' it'. � ;`, � �.:��, I �•''j ` --1"=' -� ( L I, fit' � ! �•/ ,;�,"" .W(N FC . 1•Lf'? j1 X3-1 (i:� IL - --- in a tq is ...i, .�r-: (!:•.�-'- p' � I. 1`11 N 0 r w ` Bt PETITION TO CONVERT HARDIN COUNTY RURAL FIRE PREVENTION DISTRICT NO. 1 to HARDIN COUNTY EMERGENCY SERV ICES DISTRICT N0. 4 VOTER DATE PRINTED NAME ! REGISTRATION# MAILING ADDRESS PROPERTY SIGNATURE OWNER YIN 2 / / - 3 / / 5 / / ----- -- -- 6 7 - 8 / / --- ----- — s 10 / / -- �- --------�- 11 / / — 13 / / --- -----�- ---- 14 / / i ----- --- ---- 15* 16 17 18 20 ---- Page_of_ Qualified Petitioners, _of_ RESOLUTION WHEREAS,a petition was received by the City of Beaumont requesting that the City of Beaumont give written consent for the conversion of the"Hardin County Rural Fire Protection District No. I into the"Hardin County Emergency Services District No.4",in accordance with the requirements of Section 775.014 of the Health and Safety Code of the State of Texas;and WHEREAS,the City of Beaumont desires to provide written consent for the conversion and formation of such districts;and WHEREAS,the date of this resolution is less that sixty(60)days after the date on which the City of Beaumont received the request; NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF BEAUMONT THAT it hereby consents to the conversion and formation of the"Hardin County Emergency Services District No.4 as described in Exhibit"A" attached hereto and made part hereof for all purpose and BE IT FURTHER RESOLVED that this resolution shall serve as the written consent of the City of Beaumont to the conversion and formation of such"Hardin County Emergency Services District No.4". PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1998. David Moore,Mayor 4�