Travis County Commissioners Court
August 1, 2006
Item 31
Number 31 is to receive petition for creation of bastrop-Travis County emergency services district number 1 filed the county clerk and set hearing to consider the petition. I sent the court, I think, a copy of the e-mail I received from assistant county attorney robert wilson last week, which set forth a long list of specific requirements that must be met. And so this hearing is about receiving the petition, I guess, determining whether requirements in fact have been met. Have we shared what we received with the county clerk's office.
>> yes, we have. It's with the county judge's office.
>> and who are those gentlemen with you?
>> sorry.
>> john carl sob, I'm assistin the--carlson, I'm assisting the fire department in helping to create the did it.
>> and who are you with?
>> arm hurse and brown.
>> all right. I'm larry, fire. It seems like old home week.
>> welcome back again.
>> only one more trip I hope, judge.
>> we received this request last Tuesday to to place the item on the court's agenda. We received the petition and set a public hearing to hear the petitioner's and the residents in reference to creation of emergency service district in Travis County and bastrop county county. We received the actual petition a little before noon yesterday. We got the parts of the petition verified bethe county departments and the voter registrar. The voter registrar has determined that the betigs needed to have 100 registered voters on the Travis County side side. By the way, the same thing has occurred at the bastrop county Commissioner's court this morning. Our registrar has determined there's enough signatures to qualify. 130 was on the petition. And 118 qualified to be registered voters in Travis County. The allege shunce administrator administrator--elections administrator in bastrop county determined that of the 142 signatures on the petition on the bastrop county side of the district, 120 signatures were deemed eligible by registered voter in bastrop county. Upon that ver fig if I case I filed the petition with the county clerk late yesterday afternoon. And the purpose of the meeting or this action item today is to set a public hearing date.
>> miss wilson, what have you got to say about this? Anything sh.
>> I have reviewed the petition and the survey. Both seem to be legally adequat.
>> legally adequate is this.
>> yes.
>> okay.
>> one other additional meeting that these gentlemen have to attend, a meeting tonight of the e lgin city council. Since that city and its etz will be included in -- etj will be included in thu new district, they must grant them permission. He has asked e lgin for the formal permission and they will be heard tonight at their city council meeting.
>> we are anticipating that they will say yes?
>> yes, sir. The reason that they did not include it in the request from e esd 13 that was just formed the council consensus then was that they didn't want the city to be split up into two esd's. I have a letter from one of the council persons, stating this. This lady is now our new mayor since may. The council, the consensus I got from my two council people and from the mayor is that they are in favor of it now that, you know, it will be included in esd 1. So we just have to go through the formal tys tonight. I don't for see any problem.
>> if the city of elgin were to vote no, where would that leave us?
>> that, in if they vote know in the election, or if ergin decides not to give consent, the city council decides not to give consent that would leave you with a petition to create a district that did not include any of elgin. That would mean that there would essentially be none of this district located within Travis County because the only areas within Travis County are the elg elgin city limits and the etj.
>> so if Monday is in Travis County, where are we left legally about the election? We wish our folk in bastrop well all the time.
>> I would suggest that you delay considering that question until the public hearing. Tonight all you have to do is set the public hearing date, which I understand the esd proponents would like to see done on the 29th of August. By the 29th of August you will know what the city council is going to do tonight. And if they have in fact said that no, they don't want to be included at that time, I think it would be a reasonable decision of the exister court to decide that it isn't reasonable to grant the petition to have the election or an esd that includes no geography in Travis County. If they have said yes, then you have to look at whether this looks like a viable esd to to have on the same consideration that you had the last time it was created with territory in Travis County. By the time have you to make that decision, you will know what the elgin city council has done tonight.
>> that action does in the preclude, I guess, the petition, and the move forward is to set the public hearing. We can proceed accordingly, but of course we still hopefully will get a favorable vote from e elgin city council, I guess he said tonight, right?
>> yes, sir, at seven o'clock.
>> seven, okay.
>> does the elgin city council meet weekly or monthly?
>> this is the first meeting of the month. They usually have one more meeting during the month.
>> bimonthly.
>> yes, sir.
>> there will probably be some more meetings because they are also working on budget.
>> the answer to my question that you hoped I would delay, is that the court legally has a right not to have this election if the city of elgin does not approve it.
>> that's right.
>> okay.
>> and also, judge, I think elgi elgin has 60 days to get back with the requesters with--
>> which you are hoping for a November electionwe are going to bring that answer to--
>> we are going to bring that answer to you before the 29th.
>> and the request for the public hearing date is what?
>> 29th of August. That day, the public hearing would occur on that date and that is the last date on which the Commissioners court can order an election for the November ballot. So we would take testimony and then there would be an order prepared for you to act on.
>> why wouldn't it make sense to have the public hearing one week earlier?
>> because they wouldn't comply with legal notice for the hearing unless you wanted to have the hearing on a day--
>> that's a good enough reason. August 29 at nine a.m. Is what I recommend. In fact, that's what I move.
>> second.
>> discussion? All in favor. That passes by unanimous vote. Barb areas has already told us-- us--barbara has told us that the legal requirements have been met met. Next action is by the city council of elgin. Counsel will let us know after a reasonable time after the elgin action, what that action was. Meantime, we have to public size the public hearing.
>> a notice has been prepared. I think john told me he is planning on placing it in the city of Austin american states statesman on August--
>> I believe we will schedule a publication date for both the bastrop and Travis County notice notices on this Saturday and the following Saturday. We will also put a notice on the elgin newspaper so that community is notified as well.
>> and the county clerk is notified to provide notice to the sheriff to the sheriff can place the notice in the courthouse.
>> okay.
>> I assist the county clerk in doing that.
>> one member of this court was hoping that we would start reducing the number of esd's. We seem to be moving in the opposite direction and increasing the number. Do you believe that service to residents is improving?
>> in this particular area, and I don't whether directing that question is to this particular e esd creation, this is a rather large esd and takes up the northwest portion of bastrop county plus the remainder of Travis County not located in an esd. With respect to consolidation down the road, it's always possible.
>> this will give us 14 or 15? I lose count.
>> fifteen.
>> fourteen.
>> four feen because we went from thirteen to 12.
>> no.
>> we have 13 now because of the new one. You're right.
>> yes.
>> this will make 14.
>> see how confusing it is?
>> no, we had also the consolidation of seven and one into one.
>> right.
>> twelve.
>> there's no, therefore, the general revenue can support the particular esd, nothing that will be sufficient enough, the generation to support what you are doing, that's all been investigated and stuff like tha.
>> yes, sir, as soon as we talked with the people in bastrop county this morning, as soon as they outline the esd on their voter map, then I can go to the appraisal district. We have gotten some preliminary. I don't know what the tax value of this area of bastrop county is, but the estimated revenues, and I forget what cent on the tax dollar it was, but they were looking at around 500,000.
>> 500,000?
>> yes, sir.
>> have we determined that the description of the district is legally sufficient and correct?
>> I cannot tell you whether it's correct because I don't know what they intended, but it is legally sufficient because it was signed and sealed by a surveyor.
>> has the law said legally sufficient and correct? Description for sufficiency and correctness.
>> I believe that that goes to whether the meets and bounds have been described in a way that closes a particular area. We have been working with our surveyor to make sure that enclose is the area that we had intended it to enclose. From our perspective, it is correct. I think your attorney is correct in terms of legal sufficiency, it's sealed by a surveyor, and so you are entitled to rely upon it.
>> it is sealed by a surveyor.
>> yes, sir.
>> whose name is?
>> james garon from bastrop.
>> we need to get him on the record, james garon. The county judgage Commissioners court is relying on his survey and description.
>> in many instances, you don't typically see a sealed survey because these are follow geographicic boundaries that are kind of obvious. In this situation we had the cross-country and that was parts of our timing issue in bringing this forward to you.
>> you all got a lot done at the 1 th and a half hour--11th and a half hour.
>> 11th hour and 59th minute.
>> let me say this was an instance in which I believe your county staff performed above and beyond. It was at every step of the way that we needed assistance, we got it. From the attorney's office to the voters office, and in particular, judge, this gentleman to my left, mr. Smith, he pretty much dropt everything for us. We greatly appreciate what he was able to do for us a whan the county staff has done. I just appreciate it.
>> reason being, we get paid the big bucks.
>> let me just tell that you with the application and petition, we do have a check in the amount of $150 for the cost of the election which is required by the law.
>> we appreciate every dollar of it.
>> we appreciate, I just want to reiterate what he said, we appreciate it. We know we were pushing everybody to the last minute. We had volunteers out all day Saturday and half a day Sunday, gathering signatures. Everybody worked real hard and we appreciate your all's confidence in our hard work and thank you all.
>> we will thank you all. Again, when john came to the office, of course, it was the last minute deal, I didn't think we could get it in time because there were still a lot of hurdle hurdles that need to be crossed as far as getting it put forth even on the agenda and being put forts. I would like to thank the judge judge's office, barbara wilson and a lot of folks involved in this. Of course, you, the community that needed to, feel that you need an esd for your protects and stuff like that as far as-- as--protection and stuff like that and safety issues. All of those things I think need to get a pat on the back because it was quite a high hurdle to cross. I think all of you ought to be commended for your hard work. Thank you, judge.
>> I'm the one that hears the complaints.
>> thank you, judge.
>> I will add this one thing. When was it, yesterday? Well, today I looked at the plans for our new fire station, which are located on county line between our elementary and our high school. So our plans are done. We have already done a soil sample to get the slab built. So now after a few changes in our design on the station, we will be submitting, you know, going out and asking for bids.
>> okay.
>> there will be a new fire station in Travis County on county line road.
>> all right.
>> that will be good newsnews. We'll see you all again on August 29 at nine a.m.
>> nine a.m.
>> nine a.m.
>> thank you very much.
>> thank you dan.
>> thank you.
>> thank you.
>> appreciate it.
>> we have formally filed a petition with the clerk already.
>> yes.
>> okay. Good to see you again.
>> thank you.
>> barbara, thank you again.
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Last Modified:
Tuesday, August 1, 2006 7:14 PM