ORDER NO. :'_766 ALLOCATION OF UNCLRIMED MONEY FROM ELECTRIC COOPERATIVES RRCK TO I'~ERR COUNTY On this the :'end day of J~"ily, ~~~c_, upon motion made by Commissioner Griffin, seconded by Commissioner- Paldwin, the Co~_n~t ~.inanimously approved by a vote of 4-0-Q~, the req~"lest to the Comptroller of F'~_~blic Rccoi"rots to al]ocate a portion of the ~"unclaimed money received fr^om electric cooperatives back to Kerr County ~"ender Section 74.60 of the "texas Property Code to he used to fi"ind an appr^opr-iate program ~ander• Section 381.004 of the Local Government Code. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Tommy Tomlinson OFFICE: Auditor MEETING DATE: July 22, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss request to the Comptroller of Public Accounts to allocate a portion of the unclaimed money received from electric cooperatives back to Ken County under Section 74.602 of the Texas Property Code to be used to fund an appropriate program under Section 381.004 of the Local Government Code. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter SSI and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if 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 towazds you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 42vE ~o''te o ~ ~' ~ o w 0 ~ ~xns ~ CAROLE KEETON RYLANDER Comptroller May 17, 2002 COMPTROLLER OF PUBLIC ACCOUNTS The Honorable Frederick L. Henneke County Judge Kerr County 700 Main Sveet Kemille, Texas 78028-5323 Deaz Judge Henneke: P.O. BOX 13528 AUSTIN, TX 78711-3528 , / e-~~ n ~'>/ o- t-J /`a ~ ~~ ~ ~~ ~ As you may know, Section 74.602 of the Texas Property Code allows the Compvoller to allocate a portion of the unclaimed money received from electric cooperatives back to the counties. The Code further states that the money may only be used to fund an appropriate program under Section 381.004 of the Local Government Code. The Commissioners' Court is the primary governing body and ultimate decision-making authority regarding the legitimacy of requests for funds under this provision. The amount available to each county will be based on total capital credits remitted [his reporting year, less anticipated claims as determined by the Comptroller. If your office anticipates submitting a request for these funds, please refer to [he following guidelines: 397. Requests are to be submitted by the Commissioners' Court, in writing, to the Texas Comptroller of Public Accounts only during June and July of each yeaz. 398. The requests must include the complete name, address, and federal tax identification number of the party to which the funds are to be paid. Funds will be paid directly to the Commissioners' Court. 399. All requests must include certification that the purpose of the funds is in compliance with the provisions of Section 381.004 of the Texas Local Government Code. You may direct your requests, and any questions concerning these procedures, to Alice Sanchez at 512/463-1072 or 1-800-321-2274, extension 3-1072. Please mail your requests to: Texas Comptroller of Public Accounts Unclaimed Property Holder Reporting Post Office Box 12019 Austin, Texas 78711-2019 Sincere , Kay Tuggle, Supernsor Holder Reporting Section Unclaimed Property Division c Alice Sanchez ~-/' ~ N ~u~% ~v r ~-/~ (> l l- ~ ~~~ i f i~' GL1 J' ~ ~ p t.~~ F C0; lYJ/V; i~C ~,U ~/' ~'i-u CO rye ~ /') . v ~ ~~ f UNf d *-~ ~"~ f~~ r.,-. ~r; P~ ce ~i~ § 74.602. Ilse of Money Except as provided by Section 381.004, Local Government Code, the comptroller shall use the unclaimed money received under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller to pay the claims of persons or states establishing ownership of property in the possession of the comptroller under this chapter or under any other unclaimed property or escheat statute. Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg. ch. 304, § 1.40, eta Jan. 1, 1992; Acts 1993, 73rd Leg., ch. 27, § 3, eff. April 13, 1993; Acts 1993, 73rd Leg., ch. 36, § 3. l3, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 506, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1037, § 32, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, § 16.33, eff. Sept. 1, 1997. http://www.capitol.state.tx.us/statutes/py/py0007400.htm1 7/17/02 § 38L004, Community and Economic Development Programs in Certain Counties (a) In this section: (]) "~~nother entity" includes the federal government, the State of Texas, a municipality, school or other special district, finance corporation, institution of higher education, charitable or nonprofit organvation, foundation, board, council, commission, or any other person. (2) "Minority" includes blacks, Hispanics, Asian Americans, American Indians, and Alaska natives. (3) "Minority business" means a business concern, more than 50 percent of which is owned and controlled in management and daily operations by members of one or more minorities. (4) "Women-owned business" means a business concern, more than 50 percent ofwhich is owned and controlled in management and daily operations by one or more women. (b) To stimulate business and commercial activity in a county, the commissioners court of the county may develop and administer a program: (1) for state or local economic development; (2) for small or disadvantaged business development; (3) to stimulate, encourage, and develop business location and commercial activity in the county; (4) to promote or advertise the county and its vicinity or conduct a solicitation program to attract conventions, visitors, and businesses; (5) to improve the extent to which women and minority businesses aze awazded county contracts; (6) to support comprehensive literacy programs for the benefit of county residents; or (7) for the encouragement, promotion, improvement, and application of the arts. http://wvvw.capitol.state.tx.us/statutes/lg/Ig0038100.htrnl 7/17/02 (c} The commissioners court may: (1 }contract with another entity for the administration of the program; (2) authorize the program to be administered on the basis of county commissioner precincts; (3) use county employees or funds for the program; and (4) accept contributions, gifts, or other resources to develop and administer the program. (d) A program established under this section may be designed to reasonably increase participation by minority and women-owned businesses in public contract awards by the county by establishing a contract percentage goal for those businesses. (e) The legislature may appropriate unclaimed money the comptroller receives under Chapter 74, Property Code, for a county to use in carrying out a program established under this section. To receive money for that purpose for any fiscal yeaz, the county must request the money for that fiscal yeaz. The amount a county may receive under this subsection for a fiscal yeaz may not exceed an amount equal to the value of the capital credits the comptroller receives from an electric cooperative corporation on behalf of the corporation's members in the county requesting the money less an amount sufficient to pay anticipated expenses and claims. The comptroller shall transfer money in response to a request after deducting the amount the comptroller determines to be sufficient to pay anticipated expenses and claims. Text of subsec. (f} as added by Acts 2001, 77th Leg., ch. 254, § 1 (f) The commissioners court of a county may support a children's advocacy center that provides services to abused children. Text of subsea (f) as added by Acts 2001, 77th Leg., ch. 1154, § 1 (f) The commissioners court may develop and administer a program authorized by Subsection (b) for making loans and grants of public money and providing personnel and services of the county. (g) The commissioners court may develop and administer a program authorized by Subsection (b) for entering into a tax abatement agreement with an owner or lessee of a properly interest subject to ad valorem taxation. The execution, duration, and other terms of the agreement are governed, to the extent practicable, by the provisions of Sections 312.204, 312.205, and 312.211, Tax Code, as if the http://www.capitol.state.tx.us/statutes/lg/1g0038100.htm1 7/17/02 convrissioners court were a governing body of a municipality. Added by Acts 1989, 71st Leg., ch. 1060, § 3, eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg., ch. 1037, § 3, etF Sept. I, 1997. Amended by Acts 2001, 77th Leg., ch. 254, § 1, eff. May 22, 2001; Acts 2001, 77th Leg., ch. 1154, § 1, e11'. June 15, 2001. http://www.capitol.state.tx.us/statutes/lg/Ig0038100.html 7/17/02 ~, a1 0 THE COUNTY COURT OF KERR COUNTY, TEXAS CouNn JUDGE 700 MAIN KERRY W.E. TE%AS 78028 CLERK FRED HENNEKE TFi.: 1830) 792-2211 JANNE7T PIEPER FAx: (830)792-2218 COMMISSK)NFJtB COURT COURT COORDINATOR H. A. "BU57FR° BALDWR7, Pcr. I &MAIL ~~~@k˘.wm 71~A Sovu. WRIJAM "BILL" WILLIAMS, Fcr. 2 JONATHAN LEl2, PCT. J LARRY r]RIFF]H, PCf. 4 July 31, 2002 Texas Comptroller of Public Accounts Unclaimed Property Holder Reporting P.O. Box 12019 Austin, Texas 78711-2019 Attn: Ms. Tuggle Deaz Ms. Tuggle: Please accept this as a request from Kerr County Commissioners' Court for a portion of unclaimed funds from electric cooperatives pursuant to Section 74.602 of the Texas Property Code. The funds cam be paid to Kerr County, 700 Main, Room 103, Kerrville, Texas 78028, federal tax identification number 74-6001494. The Kerr County Commissioners' Court certifies that the funds will be used in compliance with Section 381.004 of the Texas Local Government Code. Sincerely, Fred Henneke Ken County Judge cc: Auditor