0723071.20
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWEWD BY THE COURT
MADE BY: Judge Tinley
MEETING DATE: July 23, 2007
OFFICE: County
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action regarding
conveyance of Mountain Home TxDOT property to Mountain Home Fire
Department, with reverter, if property ceases to be used for Fire Department
purposes and long-term lease back by Kerr County o~ such property by Kerr
County for Road and Bridge or other purposes.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
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 S51 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON: @ .M.
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 towards your request being
`'~ addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
July 16, 2007
To: The Honorable Kerr County Judge and Kerr County Commissioners
Dear Judge and Commissioners,
I wish to make a request for discussion concerning the building of a new fire station and
the drilling of a water well on the property recently leased to the Mountain Home Volunteer
Department in Mountain Home on Highway 27 (Road and Bridges)
I am requesting that the County Attorney evaluate the Lease Agreement between the
Mountain Home Volunteer Department and Kerr County. My concern is that any building and/or
water well done on the above mentioned property would become property of the County. I would
recommend the Commissioners Court deed the parcel of land to the Mountain Home Volunteer
Department with a stipulation that at any time thereafter that the Mountain Home Volunteer
Department no longer wished to utilize the property for the conduction of Fire Department
business, the property would automatically revert back to Kerr County.
i feel that it would be a dis-service to the taxpayers of Kerr County to pay taxes to the
Emergency Service District #2 for fire protection as well as paying Kerr County taxes to improve
,,.., this parcel of land. This would seem to be double taxation.
I also do not feel that the Emergence Service District #2 would be able to secure
financing for the building of a fire station with the current status of the Lease Agreement.
I would appreciate the Court's immediate attention to this matter and a resolution to
accommodate the Mountain Home Volunteer Fire Department and the Emergency Service
DistriGt#2, which w d rel' citi, ens of the District of any double taxation.
~~~ ~~~~
Ben A. Alves
President - KCSD#2 ~~
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KERR COUNTY ATTORNEY REX EMERSON
COUNTY COURTHOUSE, SUITE BA-103 7OO MAIN STREET KERRVILLE, TEXAS 78028
July 19, 2007
Bruce Oehler
Commissioner Precinct 4
RE: KCESD #2 July 16, 2007 memorandum
Dear Bruce:
The issue at the heart of the memorandum is whether Kerr County can deed land to the
Mountain Home Volunteer Fire Department.
I have researched the Texas statutes and cases, Texas Constitution, and Brooks County
and District Law Second Edition. In addition I discussed the issue with the Texas Attorney
General's intergovernmental affairs attorney and I posted the issue on the Texas District and
County Attorney's discussion forum. The applicable statutes are Local Government Code
"""""' chapters 263 and 272, and Health and Safety Code chapter 352. The most on point case I found
was Magnolia Bend Volunteer Fire Department v. McDowell, 2003.
The research conclusively indicates that a Texas County is bound by statute to dispose of
real property by auction or sealed bid process at fair market value. There are enumerated
exceptions to this rule, but a Volunteer Fire Department does not fit into any noted exception.
The courts have interpreted the procedures to sell real property as exclusive and the statutes very
clearly make any violation a void or voidable transaction. In addition the Texas Constitution
forbids giving a away a "thing of value" to a private entity.
I am confused by the double taxation language. The County may own the land, but the
MHVFD has a 75 year de minimus lease and any ESD funded improvements would enure to the
benefit of the ESD tax payer.
The current lease contract is automatically renewable for 25 year terms up to a total of 75
years. It is my understanding that the only two users of the property are the Mountain Home
Volunteer fire Department and Kerr county Road and Bridge. Any improvements funded by the
ESD would be on public land for a public benefit with the only possibility of reverter being to the
public. Unless I am missing some facts, it would appear that the public is the absolute benefactor.
h~have any additional questions please give me a call.
x Emerson
MAIN NUMBER (830) 792-2220 HoT CHECKS (830) 792-2221 FAx {830) 792-2228
Website: http://www.co.kerr.tx.us/attorney
July 1 b, 2007
To: The Honorable Kerr County Judge and Kerr County Commissioners
Dear Judge and Commissioners,
I wish to make a request for discussion concerning the building of a new fire station and
the drilling of a water well on the property recently leased to the Mountain Home Volunteer
Department in Mountain Home on Highway 27 (Road and Bridges)
I am requesting that the County Attorney evaluate the Lease Agreement between the
Mountain Home Volunteer Department and Kerr County. My concern is that any building and/or
water well done on the above mentioned property would become property of the County. I would
recommend the Commissioners Court deed the parcel of land to the Mountain Home Volunteer
Department with a stipulation that at any time thereafter that the Mountain Home Volunteer
Department no longer wished to utilize the property for the conduction of Fire Department
business, the property would automatically revert back to Ken County.
I feel that it would be a dis-service to the taxpayers of Ken County to pay taxes to the
Emergency Service District #2 far fire protection as well as paying Kerr County taxes to improve
this parcel of land. This would seem to be double taxation.
`~ I also do not feel that the Emergence Service District #2 would be able to secure
financing for the building of a fire station with the current status of the Lease Agreement.
I would appreciate the Court's immediate attention to this matter and a resolution to
accommodate the Mountain Home Volunteer Fire Department and the Emergency Service
Distri~.t#2, which w d rel' citi. ens of the District of any double taxation.
Ben A. Alves
President - KCSD#2 '~