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KERR COUNTY COMMISSIONERS COURT
Special Session
Friday, September 30, 2005
10:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judqe
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
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I N D E X
September 30, 2005
1.1 Consider, discuss and adopt the proposed
FY 2005-2005 Tax Rate for Kerr County
1.2 Consider, discuss, and adopt Tax Rate for
Lake Ingram Road District
1.3 Consider, discuss and take appropriate action
to approve Residential Services Contract for
Post-Adjudicated Juvenile Offenders in Secure
Placement at the Kerr County Juvenile Detention
Facility
--- Adjourned
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On Friday, September 30, 2005, at 10:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in the
JUDGE TINLEY: Good morning, ladies and
Kerr County Commissioners Court scheduled for Friday,
September 30th, 2005, at 10 a.m. It's a bit past that, and
I apologize for the delay. We're still trying to secure
some information that we need in order to properly act on at
least one agenda item. With respect to the timed item for
10 o'clock, consider, discuss, and adopt the proposed Fiscal
Year 2005-2005 tax rate for Kerr County, we have approved a
proposed tax rate. The -- the difficulty that we have is
that the portion of long-term indebtedness that is required
to be broken out from each of the Maintenance and Operation
budgets and the Road and Bridge budget, we do not have that
presently, so I am going to recess that portion of the
meeting until we can get that, hopefully very shortly.
I will move to Item 2, consider, discuss, and
adopt tax rate for the Lake Ingram Road District. I'm
advised by the Tax Office that's a special taxing district;
that the tax rate for that district has, since inception, I
believe, and for many years been .8700, or 87 cents per $100
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valuation for those to whom that special tax is applicable.
COMMISSIONER WILLIAMS: Do you want to adopt
that?
JUDGE TINLEY: I think we have to if -- if
they're going to continue to be able to levy that tax.
COMMISSIONER NICHOLSON: Move that we adopt a
tax rate of .8700 for the Lake Ingram Road District.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
the adoption of the Lake Ingram Road District as indicated.
Any question or discussion? All in favor of that motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let
us move to Item 3, consider, discuss, and take appropriate
action to approve Residential Services Contract for
postadjudicated juvenile offenders in secure placement at
the Kerr County Juvenile Detention Facility. I'm not sure
who placed this on --
COMMISSIONER WILLIAMS: I did.
JUDGE TINLEY: Okay. Commissioner Williams?
COMMISSIONER WILLIAMS: This is a revision of
the Residential Services Contract prepared by the County
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Attorney's office, and basically the same thing, except it
embodies some language in there with respect to mileage
charges and so forth, but essentially the same, is it not,
Rex?
MR. EMEP.SGN: Yes, sir, it embodies a
paragraph addressing mileage if we have to transport a
child, and also embodies a paragraph addressing the greater
fees that can be gained from the State on sex offender
treatment if the kids qualify for the reimbursement.
COMMISSIONER WILLIAMS: Otherwise, it's the
same as the standard contract we've been using --
MR. EMERSON: Yes, sir.
COMMISSIONER WILLIAMS: -- up until now? And
this would become the replacement contract henceforth
forward?
MR. EMERSON: Yes, sir.
COMMISSIONER WILLIAMS: At all renewals.
MR. EMERSON: Correct.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded of
the new approval -- for approval of the new contract format
Tor residential services for postadjudicated juvenile
offends er at the Kerr County Juvenile Detention Facility.
Any question or discussion? All in favor of the motion,
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signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. As
previously indicated, we need to obtain the breakout. I
have the -- the allocation of the proposed tax rate as to
the two different operations, M & 0 for the county generally
and the Road and Bridge, but I do not have the breakout of
the debt service. Until we have that, we cannot move
forward, so we will stand in recess for -- why don't we try
about 20 minutes? And hopefully we can come back and get
that matter resolved. We'll be in recess.
(Recess taken from 10:23 a.m. to 11:09 a.m.)
JUDGE TINLEY: Let's come back to order. We
were in recess. I apologize for the delay. The agenda item
before the Court is to consider, discuss, and adopt the
proposed Fiscal Year 2005-2006 tax rate for Kerr County, the
schedule of tax rates that is included within the budget as
prepared by the Auditor, based upon the proposed tax rate
which this Court approved sometime back a few weeks ago.
COMMISSIONER BALDWIN: And that was what,
Judge? .0175?
JUDGE TINLEY: It was 35.87 for County
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Maintenance and Operation. 35.87 for County Maintenance and
Operation, to include any applicable long-term debt service.
And Lateral Road, or Road and Bridge, of 3.09. There is no
debt service included within that. Previously, the -- the
Auditor had broken down some figures with respect to -- to
specific long-term debt issues; the jail bond, for example,
the '98 -- or the '98 Tax Anticipation Note, some others.
In conversations with the Auditor, he advises me that it is
mathematically impossible to do that because of the -- to
break that out because of the over-65 and disabled tax
freeze that we have put into effect here in Kerr County, and
while it may have been something that you could possibly do
in the past for those jurisdictions that have that, it -- it
can't be done now. I would also note that, in reviewing the
transcript of last year's adoption of the tax rate, the tax
rate was adopted in the two components that I've just
mentioned.
COMMISSIONER BALDWIN: Road and Bridge and
M & 0?
JUDGE TINLEY: And -- and County Maintenance
and Operation, and with any debt service to be included in
that.
COMMISSIONER WILLIAMS: That's included in
the M & 0?
JUDGE TINLEY: Yes. Yeah, mm-hmm.
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COMMISSIONER LETZ: Judge, just as a
question, when did we receive the certified roll? Do you
know the date, from the Appraisal District?
JUDGE TINLEY: It was much, much later than
normal. We normally get the certified rolls just about the
tail end of July.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: 28th, 29th, somewhere in
there. Off the top of my head, my recollection is that it
was about a good 30 days after that time.
COMMISSIONER LETZ: The reason I say that,
based on the statute we have, there's two dates; either
September 30th or 60 days after we receive the certified
appraisal roll. So, if we're within that 60-day period and
there's a question on the tax rate, we have more -- beyond
today to -- to vote. Or it could probably be done today and
changed if we have to, if something was -- during that
50-day window. Is that correct? Am I reading that correct,
Mr. County Attorney?
MR. EMERSON: That's what it says in the
Deadline to Adopt Rate section. Now, it quotes the Tax ode
section, and this is from the Tax Appraiser/Collector's
office, but in all honesty, I've not read the actual
statute, so T'm assuming the publication from the State of
Texas is correct.
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COMMISSIONER LETZ: And I have -- and I don't
recall what -- I recall that we received the certified roll
late this year. I have no recollection -- I really have no
recollection as to what the exact date was, though.
COMMISSIONEP. NICHOLSON: My recollection is
that it hasn't been 60 days.
COMMISSIONER LETZ: Right. But, anyway,
that's just something we could verify when we call the
Appraisal District and see when they certified it. And then
we can either act today or not act based on that as well.
JUDGE TINLEY: Well, the only -- only
statement I would make is that, in reviewing the transcript
for last year, we -- we did it on the basis of the -- the
General Fund to include debt service, County Maintenance and
Operation, and then a separate one for the Road and Bridge
or Lateral Road.
COMMISSIONER LETZ: Okay. Let's go ahead and
do it that way.
COMMISSIONER WILLIAMS: Wouldn't it be
advisable to do it that way? And if the Auditor needs to
break something out, he's going to break it out in these two
numbers.
COMMISSIONER LETZ: Right, okay.
JUDGE TINLEY: He tells me he thinks it's
physically impossible to mathematically break it out because
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of the effect of this over-65 tax freeze.
COMMISSIONER LETZ: All right. I'll make a
motion that we set the tax rate -- is there any special
wording I have to use for this? Sometimes we have to say
things in an exact way. I don't think so. I'll make a
motion that we set the Kerr County tax rate for 'O5-'06,
M & O portion at .3587, Road and Bridge portion at .0309.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Okay. Motion made and
seconded. Commissioner Letz, your proposal is to adopt a
tax rate?
COMMISSIONER LETZ: Right, that is correct.
JUDGE TINLEY: And as to each of those
components, does it include any applicable long-term debt
service provision for long-term debt service that may be due
during the comiiiq budget year?
COMMISSIONER LETZ: Yes, that is included in
the M & O number.
JUDGE TINLEY: Okay. Any question or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(Commissioners Baldwin, Williams, and Letz
voted in favor of the motion.)
JUDGE TINLEY: All opposed, same sign.
COMMISSIONER NICHOLSON: Nay.
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(Commissioner Nicholson voted against the
motion.)
JUDGE TINLEY: The motion does carry by the
appropriate margin.
COMMISSIONER LETZ: Are we done?
JUDGE TINLEY: Any further business,
gentlemen? We'll stand adjourned.
(Commissioners Court adjourned at 11:15 a.m.)
STATE OF TEXAS
COUNTY OF KERB
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 5th day of October,
2005.
JANNETT PIE PER, Kerr County Clerk
BY: ____~~_ ~~ _ _ _____-
Kathy Ba k, Deputy County Clerk
Certified Shorthand Reporter
o ~ i n 5
ORDER NO. 29412
ADOPTION OF TAX RATE FOR LAKE INGRAM ROAD DISTRICT
Came to be heard this the 30th day of September, 2005, with a motion made
by Commissioner Nicholson, seconded by Commissioner Williams. The
Court unanimously approved by vote of 4-0-0 to:
Adopt $.8700 as the tax rate for the Lake Ingram Road District.
ORDER NO.29413
APPROVE RESIDENTIAL SERVICES CONTRACT FOR POST-
ADJUDICATED JUVENILE OFFENDERS IN SECURE PLACEMENT
AT THE KERB COUNTY JUVENILE DETENTION FACILITY
Came to be heard this the 30th day of September, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Letz. The Court
approved by record vote of 4-0-0 to:
Approve the new contract format for Residential Services for Post-
Adjudicated Juvenile Offenders in Secure Placement at the Kerr County
Juvenile Detention Facility.
ORDER NO.29414
ADOPT PROPOSED FY 2005/2006 TAX RATE FOR KERR COiJNTY
Came to be heard this the 30th day of September, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Williams. The Court
approved by vote of 3-1-0 to:
Adopt the Kerr County tax rate for FY 2005-2006 Maintenance and
Operations at $.3587 and Road and Bridge at $.0309, including long term
debt service.