.;. ;,_: COMMISSIONERS' GO 1RT AGENDA RED ST • PLEASE FURNISH ONE ORIGINAL ANO FIVF rnoia OF THI R 0 IFST AND DOCUM NTS TO BE R VIEWED BY THE COURT MADE BY: ~'>-"^ rn ~ i ~ ~' v'is~-~, OFFICE: ~C%'~'~G'/' MEETING DATE: ~~~~~ "' ~~ TIME PREFERRED: ~~ SUBJECT: (PLEASE BE SPECIFIC): ~.-~~ir/r~r /`~y~ r~ ~l~ ~; r ~"~1~~~~~ 79y D~~:2(c) EXECUTIVE SESSION REQUESTED: PLEASE STATE REASON ESTIMATED LENGTH OF PRESENTATION: S/',~a~i? IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THF_ COURT: ~~1 /n Il ~r1=,~pn Time for submitting this request for Court to assure that the matter is posted 1n accordance with Article 6252-17 is as follows: • Meetings held on Tuesday: 12:00 P. M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: Ail Agenda Requests will be screened by the County Judge's Office to determine adequate information has been prepared for the Court's formal consideration and action time of Court meetings. Your cooperation will be appreciated and contribute towarc your request being addressed at the earliest opportunity. See Agenda Request Guidelines. ~7`n-fvfF' /~vi~r~s ore nc~i•f p-F .7rrgr~,ry~ ~~~ , ~ r r U, sfir. ~ f cjf ~ PhPo/7SE b ~ o CAA Or ,_ 1 ~, f~F/E'G'~,~1 ~/~/i'/Ul' ~I=F f-FClUi~^~~ 6~~ ~e Cpr.~/~o.~sl~77tc-rS cmorrJ ~ T/~ ~e~~~6•~ ~ P-~t~•n~r~f~ fir- ~r~ ~~~~~ ~ 6~J c, C P,~j ~ s c~~p re x ~~.~'D d ~• fG.•. ~ ~ s ~> ~~ rm~ 3 0,-~ ~ 6/~ Co.'+ s~c%,-,~ ~~ ~ ~~~~~ / !!n /e c1 ''PS~DODO bd~/~,o~, 1 c~v,-f uv~~/FS ~o cl~;.~,~ , 'l'ilts n control center with the An,erica~ .ons systems. y Commission on State Emergency it jointly adopted rules. A grant f, Government Code, and the rules Y Commission on State Emergency ource for purposes of this chapter. Votes pier 777, Health and Safety Code, as his Act." 3: 9, 71st Leg., ch. 991, § 2. Ann.Civ.St. azrt. 94470, $§ 2.09, 2.10. [, 72nd Leg., ch. 14, $ 268. liealth ,4 Safely Code, $$ 773.101 to 1. 1, 72nd Leg., ch. 605, § 9. Heafth & Satety Code, §§ 773,141 to 3. expansion] J v'TION DISTRICTS ontenls of Petition. rder of li;lectian. allot Proposition. ffective Date of Conversion. istrict Itesponsibilitiea. ERS, AND DUTIES :sled ~Vl,Qtly in One Conta:y fd)I ct in a eom,ty with a populatior, of ttict tinder Chapter 121, a pet'scn SAFETY § 794.082 Title 9 Historical and 1993 Legislation ~ ~~ Section 2 of the 1993 amendatory set provides: •"this Act takes effect September 1, 1993. The change in law made by this Act applies only to a person who is appointed to a board of fire commis- Statutory Notes aionera on or after that data. A person appointed to a board of fire commissioners before the effec- tive date of this Act le coveredby the law in efrect when the appointment was made, and [he former law is continued in effect for that purpose." § 794.035. Powers and Duties of TSoard ~~ [See main voluma for (a) to (e)J (d) Tl,e board of a district located wholly in one county shall include in the report required under Subsection (a)(4): (1) the number and type of emergency responses made within and outside the district; (2) a listing of all debt incurred by the district; and (3) any other financial matter regtdred by order of the conunissioners court. Amended by Acts 1993, 73rd Leg., ch. 195, § 3, eff. Sept. 1, 1993. Historical and Statutory Notee 1993 Legislation - For legislative intent and appli,:aticn provisions of [he 1993 Act, see notes fallowing $ 775.036. § 794.036. Officers of Board [Sen. main volume for (a) and (6)J (c) The commissioners court of the county in which asingle-county district is located or, if the district is located in more than one county, the commissioners court of the Bounty with the largest populaflon in the district may require that U,e assistant treasurer execute and Gle with the county clerk of that county a bond conditioned on the faithful execution of the assistant treasurer's duties. The county judge of the county in which the bond is to be filed musC detetTttine the amount and sufficiency of the bond before it is film. Amended by Acts 1993, 73rd Lzg., eh. 499, § I, eff. Aug. 30, 1993. ,..: . SUBCISAPI'ER E. FINANCES AND BONDS , § 794.fi7~. Competitive Bids Requirement - (a} Except as provided by Subsection (i), the boazd must submit to, competitive bids an expenditure of more than $15,000 for. , .:~; .. , . (1) one item or service; or (2) more than one of the same or a similar type of items or services in a fiscal year. (See main vohtme firr (b) to (i}] .. A,,,o~,do,i Lys Acts 1993, '73rD L,;g„ ,a:. 757, $ 5, off Sept. 1, 1993. § 794.082. Audit of Bistrict Located Wholly in One County ' (a) In a district located wholly in one county, the county auditor shall have accesses .Le books, records, officials, and assts of the district. (b) A district located wholly in one comity eliall prepare and file with the commiss(ouers court of the county on or bcfot a the 120th day alter the last day of the distt icfa fiscal year an audit report of the distideL's fiscal accounts and records. The audit shall be performed and prepared at the expensa of the district. 'li,e coon auditor with the approval_sit tl:e commissioners com-t, shall adopt rules relat,ng to a format of the au t and report. 4 794.f18`L SAFETY Title 9 (c) The person who performs the audit end issues the report must be an independent certilled.publlc accwtnfant or tlrm of certified public arcoulitanta i@ensed in Chia elate, unless the commissioners court by order requires the audit to be performed by the county auditor at least 120 days before the end of the diatrict'e fiscal year. (d) The commissioners court, on application made to the commissioners court by the dletrict, may extend up to an additional 30 days the deadline for filing the audit report. (e) If the district fajla to complete and five the audit report within the time provided by Subsection (b) or (d), the commissioners court may order the county auditor to perform the audit and issue the report (t) The district shall pay all costa incutted by the county auditor to perform an audit and tseue the report required by this section, unless otherwise ordered by the commissioners court. Added by Acts 1993, 73rd Leg., ch. 195, 5 4, eft Sept. 1, 1993. Historical and Statutory Notes 1993 Legieletion For legislative intent and application provisions of the 1993 Act, see notes following § 775.036. SUBCHAPTER F. CONVERSION TO EMERGENCY SERVICES DISTRICT 4 794.100. Conversion Authorized A district may be converted to an emergency services district if: (1) the board receives a petition for conversion from the qualified voters in the district; and (2) the conversion is approved by a majority of the qualified voters of the district who vale at an election called and held for that purpose. Added by Acts 1993, 73rd Leg., ch. 195, 4 6, elf Sept. I, 1993; Acts 1993, 73rd Leg., ch. 229, § 1, eff. Aug. 30, 1993. Historical and Statutory Notes 1993 Legieletion For legislative intent and application provisions of Acts 1993, 73rd Leg., ch. 19b, see notes tolluw- ing 4 776.936. Sections 3 to 6 of Acts 1993, 73rd Leg., ch. 223 provide: "Sec. 3. The legislature finds that: "(1) Chapter 673, Acte of the 70th Legislature, Regular Seaeion, 1987, was adopted and approved, effective January I, 1988; "(2) that Act, implementing Section 48-e, Artide III, of the Texas Constitution, relates to the cre- ation and operation of emergency services dis- tricts; Section 33 of that Act provides for the ron~~e*^?cr..f a rural fire prevention district to an emergency services district; "(3) the intent of the legislature in adopting Section 33 of that Act was that, it a majority o[ the voters in a rural Cue prevention district voted to convert the district to an emergency services dis- triM, the boundaries of the emergency services district would be coextensive with the boundaries of the Cue prevention district, and the territory within the boundaries of the emergency services district would be ecexteneive with the territory 60 within the boundaries of Che fire prevention dis- trict; "(4) in certain counties in this elate, valid elec- tions were conducted fo converi certain rural fire prevention districts to emergency services dis- tricts, in which elections a majority of the partic(- pating votere voted in favor of the conversion; however, the boundaries o[ those emergency ser- vices districts are not coextensive with the bound- aries of the fu•e prevention districts, and the terri- tory within the boundaries of the emergency ser- vices districts is not coextensive with the territory that was within the boundaries of the fue preven- lion districts; "(6) the act of establishing boundaries of the emergency eendces ?ia.-;e;< f:;"t n.n nut coexten- sive with the boundaries of the rural fire preven- tion district, end the act of excluding from the emergency eervicea districts territory that was within the boundaries of the ffre prevention dis- tricts, were inconsistent with Section 33 of that Act, contrary to the intent of the legislature, and invalid; and '(6) the health, safety, and welfare of pereons~ and property in those counties creates an emer-; gency that requires immediate action by the legis-y lature. 9 "See. 4. On and =Act: ~ "(1) the bounder district thin was co ventlon district folk purpose are coexten fve prevention disc "(2) the territory slsnergency servicet efYom a rural fue p election held for th ~~~ 794.101. Cor (a) The petition (1) state the (2) describe I legal descriptioi (3) be signed than 100 of tho: (b) The name of cy Services Distri~ tnfmtber inserted. Added by Acts 1993, 'Aug. 30, 1993. 1993 Legislation For legislative intf of Acte 1993, 73rd L ing 5 775.036. ~ 794.102. Ordc (a) Not later tht board shall order t (b) The election election is ordered. (e) Section 41.00 section. Added by Acts 1993, Aug. 30, 1993. 1993 Legieletion For legislative inter ~' ` of Acta 1993, 73rd Le '":.-Ing $776.036. 794.103. Ballc The ballot for an r or against the ahiet from a diet eratin¢ under Ch ded by Acts 1993, ' ~g. ao, iss3. ORDER NO. 22356 APPROVAL OF CQJNTY AUDITOR TO AUDIT INQ2AM FIRE DEPAIM~VT October 11, 1994 Vol T, Page 633