COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNLSH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Henn OFFICE: MEETING DATE: May 28, 2002 SUBJECT: (PLEASE BE SPECIFIC) TIME PREFERRED: Consider and discuss adoption of resolution calling for increased tax on fuel and distribution of proceeds to counties for use in maintaining county roads. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prcpazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rutes Adopted by Commissioners' Court. RESOLUTION SALES TAX ON FUEL FOR COUNTY ROAD MAINTENANCE FUNDING WHEREAS, County roads are beginning of the State and National highway system and as such are an integal and inseparable part of the National transportation system; and WHEREAS, The Ken County Commissioners' Court is responsible for the upgrade and maintenance of 457 miles of county roads and most of these roads are sub-standard in comparison to state maintained roads; and WHEREAS, Increased growth and traffic places more demand on these roads and the substandard condition has a negative impact on public safety, economic development, and the general quality of life in Kerc County; and WHEREAS, The only means available for Counties to raise additional funds for maintenance and improvement of county roads is through ad valorem taxation, which is already a burden for County Taxpayers; and WHEREAS, Counties have other operational needs that must be funded with ad valorem taxes aside from county roads; and WHEREAS, The State of Texas levies motor fuel taxes that generated +- 2.7 billion dollars in the fiscal year September 1, 2000 to August 31, 2001, and these funds when allocated by statute resulted in funding to: The Texas Department of Transportation------------------- $2,021,800,000.00 The Available School Fund---------------------------------- 676,400,000.00 The Comptrollers Office•------------------------------------- 50,000,000.00 The County and Road District Fund------------------------- 7,300,000.00 (and the $7,300,000.00 allocated to counties has remained the same since at least 1972); and WHEREAS, Texas wunties maintain +- 142,368 miles of roads compared to the Texas Department of Transportation maintenance of +-79,297 miles of roads; now THEREFORE let it be resolved, the Kerr County Commissioners' Court request the 78'" Legislature to increase Motor Fuel Tax Rates by 40%, aggregate the funds generated by all fuel tax, and allocate 63% to the Texas Department of Transportation, 25% to the Available School Fund, 10% to Texas Counties, and 2% to the Comptroller's Office. Passed and Adopted this 28a' Day of May, 2002 upon a motion by Commissioner and seconded by Commissioner Frederick L. Henneke Kerc County Judge H.A. "Buster" Baldwin Commissioner, Precinct 1 William H. Williams Commissioners, Precinct 2 Jonathan Letz Commissioner, Precinct 3 Larry Griffin Commissioner, Precinct 4 STATE OF TEXAS: CONCHO COUNTY: RESOLUTION SALES TAX ON FUEL FOR COUNTY ROAD MAINTENANCE FUNDING WHEREAS, County roads are the beginning of the State and National highway system and as such are an integral and inseparable part of the National transportation system; and WHEREAS, The Concho County Commissioners Court is responsible for the upgrade and maintenance of ?~5 ~/ miles of county roads and most of these roads are sub-standard in comparison to state maintained roads; and WHEREAS, Increased growth and traffic places more demand on these roads and the substandard condition has a negative impact on public safety, economic development, and the general quality of life in Concho County; and WHEREAS, The only means available for Counties to raise additional funds for maintenance and improvement of county roads is through ad valorem taxation, which is already a burden for County taxpayers; and WHEREAS, Counties have other operational needs that must be funded with ad valorem taxes aside from county roads; and WHEREAS, The State of Texas leviesmotor fuel taxes that generated +- 2.7 billion dollars in the fiscal year Sept. 1, 2000 to Aug. 31, 2001, and these funds when allocated by statute resulted in funding [o: The Texas Department of Transportation --- +- $2,021,800,000.00 The Available School Fund ------------------- +- 676,400,000.00 The Comptrollers Office ---------------------- +- 50,000,000.00 The County and Road District Fund --------- +- 7,300,000.00, and the $7,300,000.00 allocated to counties has remained the same since at least 1972; and WHEREA5, Texas counties maintain +- 142,368 miles of roads compared to the Texas Department of Transportation maintenance of +- 79,297 miles of roads; now THEREFORE let it be resolved, The Concho County Commissioners Court request the 78'x' Legislature to increase Motor Fuel Tax Rates by 40%, aggregate the funds generated by all fuel tax, and allocate 63% to "fhe Texas Department of Transportation, 25% to the Available School Fund, 10% to Texas Counties, and 2% to the Comptroller's Office. Passed and Adopted this 111h Day of April, 2002 upon a motion by Commissioner (,(JoTi'l~ and seconded by Commissioner _ /~~ rvc~ She ~~ 7 County Judge missio erd Pct 1 ABSENT Pct 3 a County & District Clerk Phyllis F. Lovell, Chief Deputy Clerk BANDERA COUNTY~, /TEXAS RESOLUTION NO. ~~~Zy "02. COUNTY ROAD & BRIDGE UPGRADE & MAINTENANCE FUNDING WHEREAS Bandera County is responsible for the upgrade and maintenance of 463 miles of county roads and numerous bridges and; WHEREAS Most of these roads and bridges are sub-standard by any measure and; WHEREAS Ongoing improvements to the State highway system have contributed to continuing explosive growth in Bandera County with resultant increasing traffic load on these substandard and under funded roads and; WHEREAS There are numerous roads and bridges that are not in the county system due to a lack of county resources to deal with them and; WHEREAS The substandard condition of these roads and bridges has a negative impact on the entire quality of life spectrum in Bandera County, with particular emphasis on public safety and economic development and; WHEREAS County roads SHOULD be considered to be the very beginning of the State and National highway network and as such are an integral and inseparable part of the National transportation system and; WHEREAS The only means available to Bandera County to raise additional funds for road and bridge upgrades and maintenance is through ad valorem taxation and; WHEREAS Ad valorem taxation is already an onerous burden for Bandera County taxpayers and; WHEREAS Even if the Ad valorem tax rate was raised to the statutory limit it would not generate the funds required for road and bridge upgrades and maintenance and; WHEREAS Bandera County has numerous unmet capital and operational needs that will have to be funded with ad valorem taxes, aside from road and bridge upgrades and maintenance and; WHEREAS The Bandera County Commissioners' Court has determined that ad valorem taxation is not a suitable or adequate means of raising the additional funds required for road and bridge upgrades and maintenance and has further determined that access to significant revenue from another source is essential to meet the minimum needs of the citizens of Bandera County with regard to road and bridge upgrades and maintenance and; WHEREAS The State of Texas levies motor fuel taxes that generated in excess of 2.7 Billion dollars in the fiscal year Sept. 1, 2000 to Aug, 31, 2001 and; WHEREAS These funds were allocated according to statute: (approximately) $2,021,800,000 to the Texas Department of Transportation, $676,400,000 to the Available School Fund, $50+ million for use by the State Comptroller for enforcement and other purposes, these amounts determined by percentage of the whole and other accounting methods; and $7,300,000 to the County and Road District Highway Fund, amount fixed by statute and; I of 2 BANDERA COUNTY,,/TEXAS RESOLUTION NO. d/~~Y" 'C Z COUNTY ROAD & BRIDGE UPGRADE & MAINTENANCE FUNDING WHEREAS The $7,300,000 amount allocated to counties has remained constant every year since at least 1972 and; WHEREAS This allocation formula results in a declining percentage of motor fuel taxes allocated to counties each year, ranging from 24.54% of the gasoline tax only in 1934 (amount being $7,533,572), to 0.34% in 2001 again of the gasoline tax only and; WHEREAS This allocation formula does not recognize that Texas counties are responsible for the upgrade and maintenance of well in excess of 130,000 miles of roads and many bridges, the critical funding shortfall attendant to this primary operational function and the fact that diesel & LPG powered vehicles are common on county roads and bridges and; WHEREAS The Motor Fuel Tax rate was last increased in 1991 for gasoline and diesel and in 1986 for LPG and; WHEREAS An increase in the Motor Fuel Tax rate coupled with a revised allocation formula would provide greater revenue per gallon sold for all recipients. NOW THEREFORE BE IT RESOLVED That the Commissioners' Court of Bandera County, Texas urges that during the 78th Session of the Texas State Legislature the Motor Fuel Tax Rates be increased a minimum of 40% and that the total funds generated by all Motor Fuel Taxes be aggregated and allocated 63% to the Texas Department of Transportation; 25% to the Available School Fund; 10 % to the County and Road District Fund; and 2% for use by the Office of the Comptroller. PASSED AND ADOPTED THIS 24TH DAY OF January. 2002 Rex Cox \\ Ronald D. Basinger C4m[nissioner(riecincq#I Commissioner Precinct #2 _ ! ~~`~ Keene Nancy T mpson Wes rfield sinner Precinct #3 ~ i Commissioner Precinct #4 Richard A. Evans County Judge ATTEST .~ .i.-'mac.;-.~ Bernice B County Clerk ?oft BANDERA COUNTY, TEXAS RESOLUTION NO. COUNTY ROAD 8 BRIDGE UPGRADE 8 MAINTENANCE FUNDING NOTES Texas Motor Fuel Tax History; 1. Gasoline Tax: 1923 enacted, $0.01 per gal. 1941 increased to $0.04 per gal. (+300%) 1955 increased to $0.05 per gal. (+ 25%) 1984 increased to $0.10 per gal. (+100%) 1986 increased to $0.15 per gal. (+ 50%) 1991 increased to $0.20 per gal. (+33.33%) 1990 -1999: Average annual increass in collections f~ this 10 year period is 8.31 "/°. Alocation to Counties: 1933 $ 5,491,362 = 20.42% of collections (1'c allgcation) 1934 $ 7,522,572 = 24.54% of cdlecfions 1935 $ 8,189,762 = 24.41 % of collections 1947 $15,796,727= 24.50% of collections 1948 $17,492,107 = 24.42% of collections 1956 $ 7,742,410 = 4.92% of collections 1965 $ 7,820,631 = 3.41 % of collections 1972 ttva,gl, August 31, tool 57,300,000 per year, ranging from 205% to 0.34% of couedions 2 Qiesel Tax: 1941 enacted, 50.08 t~ 1~- 1943 decreased to $0.08 per gal. (25%) 1955 increased to $0.065 per gal (+ 8.4°d;) 1984 increased to x.10 per gal. (+54%) 191 increased to $0.15 per gal. (+50%) 1991 increased to $0.20 per gal. (33.33%) 1990 -1999: Average annual increase in collections for ttus 10 year period is 8.97%. Allocation to Courrfies: 0 3. Liquefied Gas Ta~c 1941 enacted, $0.04 per gal. 1955 increased to $0.05 per gal. (+ 25%) 1984 increased to $0.10 per gal. (+100%) 1986 increased to $0.15 per gal. (+ 50%) 1990 -1999: Average annual decrease in collections for this 10 year period is 4.86%. Allocation to Counties: 0 BANDERA COUNTY, TEXAS RESOLUTION NO: COUNTY ROAD 8 BRIDGE UPGRADE 8 MAINTENANCE FUNDING NOTES Texas Motor Fuel Tax History; 1. Gasoline Tax: 1923 enacted, $0.01 per gal. 1941 increased to $0.04 per gal. (+300%) 1955 increased to $0.05 par gal. (+ 25°~) 1984 increased to $0.10 per gal. (+100%) 1986 increased to $0.15 per gal. (+ 50%) 1991 increased to $0.20 per gal. (+33.33°,L) 1990 -1999: Averaga annual increase in collections for thus 10 year period is 5.31 %. Allocation to Counties: 1933 $ 5,491,362 = 20.42% of collections (1'r allocation) 1934 5 7,522,572 = 24.54% of collerions 1935 $ 8,189,762 = 24.41 °.4. of collections 1947 $15,796,727= 24.50% of collections 11348 517,492.107 = 24.42% of collections 1956 $ 7,742,410 = 4.92°.5 of collections 1965 $ 7,820,631 = 3.41 % of wllections 1972 ttvough August 31,2001$7,300,000 per Year, ranging from 205% to 0.34% of collections 2 Diesel Tax. 1941 enacteal, 50.08 per gaL 1943 decreased to $0.06 per gal- (25°~) 1955 increased to 50.065 per gal (+ 8.4°l°) 1984 increased to $0.10 per gal. (+54%) 1986 increased to $0.15 per gaL (+50%) 1991 increased to $0.20 per gal. (33.33%) 1990 -1999: Average amual increase in collections for ttvs 10 year period is 8.97°l°. ABor:ation to Counties: 0 3. Liauafied Gas Tax: 1941 enacted, 50.04 per gal. 1955 increased to $0.05 per gal. (+ 25°k) 1984 increased to $0.10 per gal. (+100°~) 1986 iruxeased to $0.15 par gal. (+ 50%) 1990 -1999: Average annual decease in collections for this 10 year period is 4.86°,t;. Allocation to Counties: 0 MEMORANDUM FOR: MEMBERSnOF ANDERA COUNTY COMMISSIONERS' COURT FROM: JAMES MORMANDO, JR~ SUBJECT: BANDERA COUNTY, TEXA RESOLUTION N0.0124-02, COUNTY ROAD &t BRIDGE UPGRADE & MAINTENANCE FUNDING Subject Resolution advocates an increase in Texas Motor Fuel Tax Rates and a revised formula for allocating the revenue generated by these taxes. An illustration of actual allocations resulting from collections during the period September 1, 2000 through August 31, 2001, and ESTIMATED allocations that would result from the rate increases and revised formula in the Resolution follows. The number of gallons sold is the same for both the actual and ESTIMATED allocations. EST. ALLOCATION W/RATE RECIPIENT ACTUAL ALLOCATION INC. & REV. ALLOCATION CHANGE TXDOT $2,021,827,183 $2,439,176,917 +$ 417,349,734 AVAILABLE SCHOOL FUND $ 676,375,727 $ 967,927,348 + $ 291,551,621 COUNTY 8t ROAD DISTRICTHWYFUND $ 7,300,000 $ 387,170,939 +$ 379,870,939 STATECOMPTROLLER(1) $ 50.311.333 ~ 77,434,187 +$ 27.122,854 TOTAL: $2,755,814,243 $3,871,709,391 +$1,115,895,148 2. Advantages of the tax rate increase and revised allocation formula are many, including but not limited to: -Increased revenue for county road & bridge upgrades and maintenance in all counties without increasing property taxes. -Spreads the burden for county road & bridge upgrades and maintenance across the motoring public, where it rightfully should be. -Will assist all counties rather than the few tazgetcd by special State bond issues. -Will enable local officials in all counties to make road & bridge upgrade and maintenance decisions that best address local needs. -Provide funds that can be leveraged for even greater benefit. -Provide jobs. 3. Texas has some of the best city, state and national roads in the country. The contrast between these roads and county roads is striking. The increased tax rate and revised allocation formula in this resolution will begin to bring Texas county roads into the 215` century, provide badly needed funds for state roads and education, and have an overall positive effect on quality of life and economic development in Texas. (I) These funds aze allocated for use by the Comptroller for tax enforcement and various refund purposes. 14 Mazch 2002 MEMORANDUM FOR MEMBERS OF BANDERA COUNTY COMMISSIONERS' COURT FROM: JAMES MORMANDO, JR. ~• SUBJECT: EFFORT TO OBTAIN EQUTfABLE PORTION OF MOTOR FUEL TAXES FOR COUNTY ROAD & BRIDGE UPGRADE AND MAINTENANCE FUNDING (UPDATE) Motor fuel tax revenues for the period 1 Sept Ol thru 28 Feb 02 have increased in relation to revenues for the same period in the last fiscal year. F~'Ol FY022 GasolineTaz x1,060,674,167 S1,IOO,I69,101 (+539,494,934/3.7735%) Dicscl Taz S 300,273,490 S 295,881,762 (- x 4,391,728/1.4626%) LPG Tax S 1.002.647 ~ 979.120 (- x 23.527/2.3465%1 Totals 51,361,950,304 51,397,029,983 (+x35,079,679/2.5757%) 26 Feb 02 Miles of roads maintained by TxDOT,and all Texas Counties combined, measured in centerline miles (figures obtained from TxDOT): TxDOT 3,233 12,109 16,154 40,984 6,481 335 79,297 Interstate Highway U.S. Highway State Highway Farm to Market Frontage Road Park Road Total Texas Counties 142,368