ORDER NO. 19483 RESETTING OF PUBLIC HEARING ON THE INGRAM FIRE DISTRICT ELECTION On this the 26th day of April 1990, came on to be considered by the Court the resetting of a public hearing on the Ingram Fire District Election, due to an error in notice of publication. Said hearing is to be reset for Thursday, May 24, 1990, at 1:30 P. M. in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas. The Kerr County Sheriff is hereby authorized to publish and post said notification of public hearing according to Vernon's Texas Code Annotated, Chapter 794.015 td). Motion made by Commissioner Baldwin, seconded by Commissioner Holekamp and unanimously approved by the Court. COMMISSIONERS' COURT AGENDA REQUEST ~ PLEASE FURNISH ONE ORIGINAL AND SFVEN OPI S OF THIS R Q TAND D 1MFNTS TO BE REVIEWED BY THE COURT. MADE BY: Danny Edwards OFFICE: County .Tudgp MEETING DATE: April 26. 1990 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Approve setting public hearing for May 24 on Tng am Fire District and ao~rov n 1;.a ;on of Nnr; ra ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: County judge Time for submitting this request for Court to assure that the matter Is posted in accordance with Article 6252- 1 7 is as follows: • Meetings held on second Monday: 12:00 P. M. previous Wednesday • Meetings held on Thursdays: 5:00 P. M. previous Thursday. If preferable, Agenda Requests may be made on office stationery with the above Information attached. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 4-20-90 All Agenda Requests well be screened by the County Judge's Office to determine tf adequate Information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. NOTICE OF HEARING (1) Creation of a Rural Fire Prevention District is proposed. (2) the district is to be created and is to 'operate under Article III, Section 48-d, of the Texas Constitution. (3) the name of the proposed district shall be "Ingram Rural Fire Prevention District Number 1." (4) the district's boundaries as stated in the petition is the area included within the metes and bounds, attached hereto, describing the service area of the Ingram Volunteer Fire Department. (5) the place, date, and time of the hearing: County Court- room, May 24, 1990 at 1:30 P.M. (6) that each person who has an interest in the creation of the district is invited to attend the hearing and to present the person's opinion for or against creation of the district. :ACTH ANiD SAFETY W TY § 794.015 T1tle` x.794 ~ (c) If the municipality's governing body refuses or fails to act on the n3, 63rd Leg., p, bog, eh. z60, ' petition requesting fire protection within six months after the date on which +Ana.clv.St. art.23s1a~, §§ 2(ax 'the petition submitted under Subsection (b) is received, the governing body's or failure to act constitutes consent for the territory that is the subject the petition to be included in the proposed district. (d) If the proposed district will include territory designated by a municipal- 011 ~ ~ ~ industrial district under Section 42.044, Local Government Code, or 794.012 must sh consent to include the industrial district must be obtained from the munici- to operate under Article pality's governing body in the same manner provided by this section for obtaining consent to include territory within the limits or extraterritorial Jurisdiction of a municipality. I metes and bounds or other {e) If the municipality's governing body consents to inclusion of territory within its limits or extraterritorial jurisdiction, or in an industrial district, the Is Included in another rtual (territory may be included in the district In the same manner as other territory is included under this chapter. 3; (f) A governing body's consent to include territory in the district and to ned by at least two petitioo- initiate proceedings to create a district as prescribed by this chapter expires i of the costs incident to the ~ months after the date on which the consent is given. publishing notices, election rActs 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. s. ?' Hlstorlcal IQote 't hbr Laws ~ Acts 1967, 60th Leg p 1089, eh. 478, § 1. ~ eh. 93, § 1. Acts 1957, 55th Leg., p. 130, ch. 57. Acts 1985, 69th Leg., • Acts 1959, 57th Leg., p. 31, ch. 19, § 1. Vernon a Ann.CivSt. art. 2351a~, § SB. 63rd Leg.. p. 609. eh. 260. § 2 . ' .nn.Gv.St. art. 2351afi, §§ 2(2), ~. 2); 3. §744.015. Filing of Petition and Notice of Hearing (a) If the petition is in proper form, the county fudge may receive the lfudclpal Territory _petition and shall file the petition with the county clerk. Cerrito ry in a muntci all. (b) At the next regular or special session of the commissioners court held l l i h ll h i f d i h h k h p . e county c er e commiss oners court s a after t e petit on is i e w t t , t request to be included in set a place, date, and time for the hearing to consider the petition. : governing body. Except ' not be included in the , (c) The county clerk shalt Issue a notice of the hearing. The notice must - yes its written consent oa ~ Hate: mtmicipality receives the (1) that creation of a district is proposed; (2) that the d[strict is to be created and Is to operate under Article III, lot consent to Inclusion Section 48-d, of the Texas Constitution; n (a), a majority of the (3) the name of the proposed distriM; nt of the territory in the t that would have been (4) the district's boundaries as stated in the petition; -- ody to make fire protec. ~ (5) the place, date, and time of the hearing; and the governing body not (6) that each person who has an interest in the creation of the district is nttnlcipality receives the invited to attend the hearing and to present the person's opinion for or against creation of the district. T~xaaHaaNiBaieyPanllltq(1ParryM1-ZO g27 :... w § 794.015 HEALTH RIND SAFETY CODS SAFETY Title 9 Ch. 794 (d) The county clerk shall retain a copy of the notice and shall deliver ~ public safety,'welf sufficient copies of the notice -o the sheriff for posting and publication as property or natur+ prescribed by Subsection (e). court shall grant tJ (e) Not later than the 21st day before the date on which the hearing w3116c (b) If the proptis held, the sheriff shah post one copy of the notice at the courthouse door. The extraterritorial jurl sheriff shall also have the notice published in a newspaper of genera! circula• commissioners cou tion in the proposed district once a week for two consecutive weeks. The first determine if the c publication must occur not later than the 21st day before the date on which . Subsection {a) if tl the heazing will be held. jurisdiction is exclu (t) The return of each officer executing notice must: this finding for eat (1) be endorsed or attached to a copy of the notice; the district. (2) show the execution of the notice; (c) If the commi meet the regtlireme (3) specify each date on which the notice was posted or published; and steal[ deny the petit (4) include a printed copy of the published notice. Acts 1989, 71st Leg., t Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Hlatorlt:al Kota ~ ltlor Lws ' Prior Lswe Acts 1973, 63rd Leg., p. 609. eh. 260, § 2 Acts 1957, SSth Le ., 130, ch. 57. Vernotis Ann.Civ.St. ari. 2351a-6, §§ 2(2k 8 P• Acts 1957, 55th Leg., p Acts 1939, 57th Leg p Acts 1959, 37th l.eg., p. 3b ch. 19, 4 1• 2(a)(2); 3, 4. Acts 1967, 60th lcg., p. 1089, ch. 478, § 1. Acts 1967, 60th LeB. ; § 794.016. Hearing § 794.018. Elecu (a) At the time and place set for the hearing or at a later date then sct, the (a) On the grantit commissioners court shall consider the petition and each issue relating to election to confirm 1 creation of the district. exceed three cents t (b) Any interested person may appear before the commissioners court to the district. person or by attorney to support or oppose the creation of the district aml (b) If the petition may offer pertinent testimony, in more than one cc (c) The commissioners court has exclusive jurisdiction to determine each until the commissit issue relating to the creation of the district and may issue incidental order h located has granted considers proper in relation to the issues before the commissioners court: ~(c) Subject to Sec The commissioners court may adjourn the hearing as necessary. be given in the sate Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989, {d) The election t Historical Note prescribed by We i Prior taws Acts 1967, 60th Leg., p. 1089, th. 478, § ~ oilier requirements Acts 1957, 55th Leg., p. 130, ch. 57. Vernon's Ann.Clv.St. art. 2351a-6, § S. Ana 1959, 57[h Leg., p. 3t, ch. 19, § 1. ,Acts ]989, 71st reg., . § 794.017. Petttion Approval (a) If after the heazing the commissioners court finds that creation of ~~ 9s7, ssth Le&, t district is feasible, will benefit the territory in the district, will secure .Acts 1959, 57th Leg., ~ 828