ORDER NO.30952 SET PUBLIC HEARING FOR RECORDS ARCHIVE FEE AND WRITTEN PLAN FOR BUDGET YEAR 2008-09 Came to be heard this the 25th day of August, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously approved by a vote of 4-0-0 to: Approve setting a public hearing for September 8, 2008 at 10:00 a.m. for continuation of the Records Archive Fee and written plan for adoption of such for the budget year 2008-09 in accordance with LGC 118.025. ~ 3 3 v~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jannett Pieper MEETING DATE: August 25, 2008 SUBJECT: (Please Be Specific) Office: County Clerk TIME PREFERRED: Consider, discuss and take appropriate action to set a public hearing for the purpose of continuing the Records Archive Fee and written plan for the adoption such for the budget year 2008/09 in accordance with LCC 118.025 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: ~TIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE Jannett Pieper 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 schedule 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 towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. LOCAL GOVERNMENT CODE CHAPTER 118. FEES CHARGED BY COUNTY OF... Page 1 of 2 ~ 118.025. COUNTY CLERK'S RECORDS ARCHIVE. (a) In this section: (1) "Deterioration" means any naturally occurring process or a natural disaster that results in the destruction or partial destruction of a public document. (2) "Preservation" means any process that: (A) suspends or reduces the deterioration of public documents; or (B) provides public access to the public documents in a manner that reduces the risk of deterioration, excluding providing public access to public documents indexed geographically. (3) "Public document" means any instrument, document, paper, or other record that the county clerk is authorized to accept for filing or maintaining. (4) Repealed by Acts 2005, 79th Leg., Ch. 804, ~ 7, eff. June 17, 2005. (5) "Restoration" means any process that permits the visual enhancement of a public document, including making the document more legible. (b) The commissioners court of a county may adopt a records archive fee under Section 118.011(f) as part of the county's annual budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. The fee for "Records Archive" under Section 118.011(f) is for the preservation and restoration services performed by the county clerk in connection with maintaining a county clerk's records archive. (c) The fee must be paid at the time a person, excluding a state agency, presents a public document to the county clerk for recording or filing. (d) The fee shall be deposited in a separate records archive account in the general fund of the county. (e) The funds generated from the collection of a fee under this section may be expended only for the preservation and restoration of the county clerk's records archive. The county clerk shall designate the public documents that are part of the records archive for purposes of this section. The designation of public documents by the county clerk under this subsection is subject to approval by the commissioners court in a public meeting. (f) The funds may not be used to purchase, lease, or develop computer software to geographically index public records, excluding indexing public records by lot and block description as provided by Section 193.009(b)(4). (g) The county clerk shall prepare an annual written plan for funding the preservation and restoration of the county clerk's ,records archive. The commissioners court shall publish notice of a public hearing on the plan in a newspaper of general circulation in the county not later than the 15th day before the date of the http://tlo2.tlc.state.tx.us/statutes/docs/LG/content/htm/1g.004.00.000118.00.htm 8/18/2008 r LOCAL GOVERNMENT CODE CHAPTER 118. FEES CHARGED BY COUNTY OF... Page 2 of 2 hearing. After the public hearing, the plan shall be considered for approval by the commissioners court. Funds from the records .archive account may be expended only as provided by the plan. All expenditures from the records archive account shall comply with Subchapter C, Chapter 262. (h) If a county charges a fee under this section, a notice shall be posted in a conspicuous place in the county clerk's office. The notice must state the amount of the fee in the following form: "THE COMMISSIONERS COURT OF COUNTY HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $ IS NEEDED TO PRESERVE AND RESTORE COUNTY RECORDS." (i) The fee is subject to approval by the commissioners court in a public meeting. (j) Any excess funds generated from the collection of a fee under this section remaining after completion of a county records archive preservation and restoration project may be expended only for the purposes described by Section 118.0216. The commissioners court of a county may not order the collection of a fee authorized by this section after the county records archive preservation and restoration is complete. (k) Repealed by Acts 2005, 79th Leg., Ch. 804, § 7, eff. June 17, 2005. Added by Acts 2001, 77th Leg., ch. 794, § 4, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 974, § 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1275, § 3(32), eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 8.04, § 1, eff. June 17, 2005. Acts 2005, 79th Leg., Ch. 804, § 7, eff. June 17, 2005. http://tlo2.tlc. state.tx.us/statutes/docs/LG/content/htm/1g.004.00.000118.00.htm 8/ 18/2008 West Kerr Current 107A Highway 39 Ingram, TX 78025 830-367-3501 Bill To Kerr County Clerk ATTN: Janette Pieper 700 Main St Room 22 Kerrville TX 78028 R`~~D ~p`'7 1 .a ~ Invoice Date Invoice No. 08/31 /08 16560 ~ ~ d _ Terms Rep Due on receipt SF Item Description Qty Rate Amount Class 2x2.5 Classified ad August 28 Public Notice 1 17.50 17.50 Thank you for your business. Total $17 50 i~Q~w ~ S~avlc~s sides echopting a proposed tax=rate for tax year 2008. The proposed tax rate is 0.335000 per $100 of value. ~~~ ~ ' ~ _ The proposed tax rate would increase total taxes in CITY OF INGRAM ~y 9.728136 per- Rhonda Taylor- cent. ~~ armers Insurance l~lann~lAVraiu~E COMMERCIAL * 550 NOTICES Cat/ us for a!1 your insurance needs 715 Fiitl Country Dr. Suite 4 Kerrville, Texas 78Q28 1-888-880-7$78 PAINTING Improving Ingram Cane H7ou7seAAffAt A r^^rTimel ~#t)USEKEEPING 20 years experience Hill do laundry, rea- cJrJO NOTICES Public Wearing A Public Hearing will be held September 8, 2008 at 10:00 AM in the Kerr County Comrraissioners Court of Kerr County, Kerrville-Texas concerning the Records Archive Fee for the preservation and. restoration services performed by the County Clerk. Anyone wishing to make comments may do so at #hat time. in person or by writing the Kerr County Commissioners Court, ;'CO Main St. Kerrville TX 78028 savable rates, tree estimates, references ~;al~ 83a-370-7223 .~" can r C 1ltRlilf/~ ~~'ti ,i ~ ~ i .a • •.., Sudoku fa~fN~rMa l~wf --______~ _. ---__- _ _ -~ Solution to .Puzzle on Page 14 •~~~ ~~~r~~~ .f will come to ~crrl Alit[a Htaeieraoa 739-bTi5 °Chanks toy teadtngtihe l~Vest ~f(+mrr=Ct~rr~it Your Hometown lill'eWSpaper 2 5 3j9 4~6,7~ 9 4'5 ~- 7,612 ~- 8",3~1 _ 6 3i7 811'4 ~ L 2 5;9 8~1 9 3 45 7;216 __ ~2~6,3 _ _ 1;97 5i4~8i 5 7~4 2.8 1_g~.. $ 2 3 6~5 1 9%7 4 ~ , __ 7;911 _ 4',2j3 6!.8.5 T r P B N A I S c A T I~ ~ S T E A M E R S r'' A T R O N P `A T N I X O ~N A T T E N D S L A G T A T A S I X E S O P E R D O U R A S T R A L P E T P E E V E S T R A P O P T S 1. I T C E E P I T S T O P A S H A N N O M A I R A T I O P O T R O A S T C I V E T S D I N K L A M E L I B E L S E A S R A I D I B E R I A P U T A S I D E M A T I N G ! 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