ORDER NO. 31135 REFUND KERR COUNTY DIVIDE PERMANENT SCHOOL FUND Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Authorize County Auditor to send out a letter to all of the school districts requesting their population census in order to refund the funds remaining in the Kerr County Divide Permanent School Fund in accordance with the determination of those funds by David A. Anderson, General Counsel, Texas Education Agency, in his letter of November 24, 2008, and to authorize payment of said funds in accordance with the per scholastic basis as outlined in Mr. Anderson's letter. 31136 1~~ COMMISSIONERS' COURT AGENDA REQUEST MADE BY: Jeannie Hargis MEETING DATE: December 22, 2008 OFFICE: Auditor's Office TIME PREFERRED: SUBJECT: Consider, Discuss and Take Appropriate Action to authorize County Auditor to send out a letter to all of the school districts requesting their population census in order to refund the funds remaining in the Kerr County Divide Permanent School Fund in accordance with the determination of those funds by David A. Anderson, General Counsel, Texas Education Agency in his letter of November 24, 2008 and to authorize payment of said funds in accordance with the per scholastic basis as outlined in Mr. Anderson's letter. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Jeannie Hargis ESTIMATED LENGTH OF PRESENTATION: 2 minutes 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 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: (a, .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. '} ~! ~ ~ '~`~.~AS ~~~LTCAT`I®IoT A G~leTCY" 1761 \r~~~hCon~ressAt~~atAuUin. Trca. ~`;(?(-219.1 ~t iIZ;463-9734 * FA\: il'J4b?-9533 do http:(hr~r~~'.tea.~taielx.u: Robert Scott - -- -- _ Commissioner November 24, 2008 Ilse D. Bailey Kerr County Attorney County Courthouse, Suite BA-103 700 Main Street Kerrville, Texas 78028 RE: Disposition of Funds -Common School Districts Dear Ms. Bailey, You inquired about the distribution of county permanent and available school funds. Under Section 6 of Article VII of the Texas Constitution, a county permanent school fund consists of proceeds from the. sale of land that was granted to the county for educational purposes. According to that section, such proceeds are held in trust by the county for the benefit of the public schools in the county. The county is pem~itted to make certain investments with the proceeds and the interest or other revenue earned is the county available fund.' Under Section 6b of Article VIl of the Texas Constitution, the commissioner's court is authorized to distribute al! or part of the county permanent school fund to the independent and common school districts of the county on a per scholastic basis. Section 6b authorizes each school district to use its distribution to pay bonded indebtedness or to make permanent improvements. Distributions from the county available fund may be used for the superintendent's and teachers' salaries. Section 45.105(b), Texas Education Code.2 In your letter, you state that it is your understanding, based on conversations with Texas Education Agency staff, that the Kerrville school district would not receive a distribution from the _county perrriarient~`'sctioof furid~~because~ the district was created as an independent school district. However, Article 6b requires that a distribution from a county permanent school fund be allocated among all the school districts in the county, both independent and common. So, if the "Account #1" referenced in your letter is the county's permanent school fund and the commissioners court's intention is to distribute part or all of the fund, the amount distributed must be allocated among a!I the school districts in the ' "County permanent school fund" and "county available school fund" are the commonly used terms for the funds described by Article 6. Tex. Att'y Gen. Qp. No. GA-0616 (2008). 2 See Section 45.106, Texas Education Code, for use of county available funds for area schools for career and technology. county, both independent and common, on a per scholastic basis, as provided by Section 6b. The attorney genera! has determined that "on a per scholastic basis" means "on the basis of the number of persons residing in the school district eligible by age for free educatian." Tex. Att'y Gen. Op. No's. GA-0405 (2006} and H-47 (1973}. The commissioner's court has the discretion to formulate a method to determine the scholastic population within a school district. Tex. Att'y Gen. Op. No's. GA-0405 (2006) and JM-355 (1985).3 ft is not clear why the name of one of the school districts, Divide, is included in the name of the permanent school fund account. This response is based an the assumption that "Account #1" and "Account #2" are county accounts and that neither is the account of solely the Divide school district created from a previous county permanent school fund distribution.4 I hope this letter and the legal citations that are included are helpful to you. If you have further questions, please contact me or Susan Hunter Smith of my office at (512} 463- 9720. Si re , l ~- avid A. Anderson, General Counsel Texas Education Agency DA/sm/ds cc: Rita Chase, Director of Financial Audits a !n addifion to these opinions, for further discussion of issues relating to determining the number of a county's scholastic population within each school district see Tex. Att'y Gen. Letter Opinion No. 98-006. For Information regarding a school district's management and use of a county permanent school fund distribution see Tex. Att'y Gen. ap. No. H-878 (1976). ~ ~ ~a~k®f~mer6c ~~~~ ~~ Unclaimed Property MCA-050-01-45 ~2 ~~U`J~ Y ~ P.O-Box 214867 S Kansas City, MO 64121-4867 r"fin, `~ 't~`',~~,~ ~ FIRST CLASS MAIL ~~ ~ / IMPORTANT NOTICE ABOUT YOUR BANK OF AMERICA ACCOUNT CTSY Date of Notice: 08/06/2008 CE099 Customer Service: 1.800.432.1000 KERB COUNTY DIVIDE PERMANENT SCHOOL FUND GENERAL DELIVERY C/O KERR COUNTY AUDITOR 700 MAIN ROOM 103 KERRVILLE, TX 78028-5327 Dear Bank of America Customer: We value you as a customer at Bank of America and want to let you know that our records indicate your account appears inactive. Your account is considered inactive when there has been no direct contact with you such as from non-automatic deposits and withdrawals or from utilizing online banking. If you would like to ensure your account remains active, please complete one of the following within 30 days of the date of this letter: ~ Log onto Online Banking at www.bankofamerica.com and perform a transaction ~ Make any deposit or withdrawal en your account ~ Call Customer Service at the number listed above and speak to a customer service representative ~ Complete, sign and return this entire no#ice in the enclosed return envelope or to your nearest Bank of America banking center, H (4te apologizE for any inconvenience this may cause. However, if we do not hear from you, your account could be considered abandoned by state law. We appreciate your understanding and want to work with you to ensure this does not (~' happen. If you have any questions, or 1f we can do anything to better serve your needs, please call us. Thank you again far banking with Bank of America. ITEMS ON FILE FOR KERR COUNTY DIVIDE PERMANENT SCHOOL `~ ~ ACCOUNT ITEM # ISSUE DATE AMOUNT DESCRIPTION ~ ", 00000000006470053902 03/29/1485 ~48,19I.32 CHECKING WlINT The above address information is correct and I am aware of the account. Please. update the address information on my account as follows: Stroet Address Cinclude number) City State Zip Phone Number Authorized Customer Signature Crequired) Date ~ ~anka~A~rner~c ~~~.~, Bank of America, N_A. P.O. Box 25118 Tampa, FL 33622-5118 ~~II~i1~ll~irilll«~ili~hr((~i~IIJ~lJt1~~E111{i~llllllllltl~ll BD 08/05 0 0213 397 0034 442 030587 X01 AV 0.324 KERR COUNTY DIVIDE PERhiANENT SCHOOL FUNA GENERAL DELIVERY C/0 KERR COUNTY AUDITOR 700 MAIN, ROOM 103 KERRVILLE TX 78028-9999 Museums on Us®-your weekend getaway for arts alnd culture. Page 1 of 3 Statement Period 07/01/08 through 07/31/08 EO P PC O C 47 Enclosures 0 Account Number 0064 7005 3902 As a valued Bank of America customer, you can receive free admission, to over 70 museums nationwide the first weekend of every month with Museums on Usi~ Just present your Bank of America check, credit or ATlVt card, along with your photo ID at participating museums. To learn more and to sign up for monthly ernai.;or text reminders visit bankofamerica.com/artsanus.-.• - . The Smaf1 B-usi-Hess Online Community is a FREE ~tn~d, open forum far business owners. Ask questions and receive advice from peers and industry experts. Network with other business owners. Promote your business for FREE. To join today, visit www.smalibusinessonlinecommunity.com. ,~ Our .free Online n~ini:ing service allows you do check osianees, track account activity, pay bills and more. With Online $anking you can also view up to 18 months of this statement online. Enroll at www.bankofamerica.com/smailbusiness. :~ Kr,RR COUNTY DIVIDE i'ERRZANENT SCHOOL FUND ~EIVEI2AL DELIVERY Page 2 of 3 Statement Period 07/OI/08 through 07/3I/O8 ED P PC 0 C 47 Enclosures 0 Account Number 0064 7005 3902 Pubic funds Irti~erest Checking.... I£E RR COUIdTi DIVIDE PERMANENT-SCHOOL-b'UND. DENERAL DELNERY Your Account at a £~lance Account Nun~kier St t t P d 07/01/08 0064 7005 3902 Statement Beginningg Balance • th h il u 7 1 8 A f f D t C $48,226.87 7 36 a emen erio ro i g 0 /3 rnqunt o enosF /0 s/ re s . $ 4 Number of llleposts/Credte 1 Amount of Wi~li3rat~ralsJUebits $.35.55 TvTumioer of ~rir'Ytl`~draw~.lu/LeI3I:`:6 1 S.tate*nent E~diig $al~nce . $48,228.06. Number of Days. in Cycle 31 Average- Le3geir ~$alarice $48,192.50 Service Charge $0.00 In~teirest Itiiforata~on':. .. .. Amount of Znte~est Paia, .. =_ , $36.74 Interest Paid "Year to Date. $252.43 Annue:i Percentage; Meld. Earned- Withholding Year to Datie $U:00 This. Statetrient"=Per~tod 0.90% - Deposits attd'Credits ate ~ ustomer ' Posted Reference Amount '.Description Reference . _ -. , _ . _ -u., , .~-,: F, .. ,.. ,.. ..:.. :..... ... ,, 07/3J. 36.74 Interest Earner! _ . . Withdrawals and D:ebi~s - ~ _ Other :I;h+eXiits ~ - - `~ ~ Date Cu~tai'xter ~ ~: ~ - - ga r - "Posted Reference . . , : Amounnt ($) Des,crYntion- ' ,• ... ~' . -_' : Reference ~_ - ._ ~ y 07/Q1.. ."e;:*, :...: 3a~~ I?at~..tiAr~: `_Transfer To.,!(tQODa~7A~i53$99_` ` .. ~ .9869f1630I18248;3:: ~. H dank®fl~meric ~~.~.~ Unclaimed Property MOS-050-01-45 P.O. box 214867 Kansas City, MO 64121-4867 FIRST CLASS MAIL IMPORTANT NOTICE ABOUT YOUR BANK OF AMERICA ACCOUNT CTSY Date of Notice: 08/06/2008 CE099 Customer Service: 1.800.432.1000 COUNTY AVAILABLE C/0 KERR COUNTY AUDITOR 700 MAIN, ROOM 103 KERRVILLE, TX 78028-5327 Dear Bank of America Customer: We value you as a customer at Bank of America and want to let you know that our records indicate your account appears inactive. Your account is considered inactive when there has been no direct contact with you such as from non-automatic deposits and withdrawals or from utilizing online banking. If you would like to ensure your account remains active, please complete one of the following within 30 days of the date of this letter: ~ Log onto Online Banking at www.barikofamerica.com and perform a transaction Make any deposit or withdrawal on your account ~ Call Customer Service at the number listed above and speak to a customer service representative ~ Complete, sign and return this entire notice in the enclosed return envelope or to your nearest Bank of America banking center. 14e apologize for any inconvenience this may cause. However, if we do not hear from you, your account could be considered abandoned by state law. 4te appreciate your understanding and want to work with you to ensure this does not happen. If you have any questions, or if we can do anything to better serve your needs, please call us. Thank you again for banking with Bank of America. ITEMS ON FILE FOR COUNTY AVAILABLE ACCOUNT ITEM # ISSUE DATE AMOUNT DESCRIPTION 000000000.06470053899 03/29/1985 $27,462.18 CHECKING W/INT The above address information is correct and I am aware of the account. Please update the address information on my account as follows: Street Address (include number). City State Zip Phone Number Authorized Customer Signature (required) Date •~ ~a~k®fArn~rica .~ Bank of America, N.A. ®~ P.O. Box 25118 Tampa, FL 3 3 62 2-5 1 15 i~llllt~ll~~ll1'l~El1'~~'I~"I{'illliL~~l~~1i1111~1rNlllfi'~~,' BD p8~05 0 0213 397 0034 442 030588 #~O1 AV 0.324 COUNTY AVAILABLE C/0 KERR COUNTY AUDITOR 700 MAIN, ROOM 103 KERRVILLE TX 78028-5327 Page 1 of 3 Statement Period 07/01/08 through 07/31/08 m P PC OC 47 Enclosures 0 Account Number 0004 7005 3899 Museums on Us®-your weekend getaway for arcs and. culture. As a valued Bank of America customer, you can receive free admission to over 70 museums nationwide the first weekend of every month with Museums on Usk .lust~p~esent your Bank of America check, credit or ATM card, along with your photo ID at participating museums. To learn more 'and to sign up for monthly email or text reminders visit bankofamerica.com/artsonus. • The Small Business Online Community is.a FRED and open forlum`for business owners. . r Ask ques~tlons and receive advice from peers and industry experts. ' Network with other business owners. Promote your- business for FREE. To join today, vfslt www.smalltzu,sinessonlinecommunity.com. $ R°~C1stl Our €zee Online Banking serrice allows poa ttY check baierices, track account activity, pay bills and more. ~Yith Online Banking you can also view up to 18 months of this statement online. Enroll at w~vw.bankofamerica.comismallbusiness. :H COUNTY AVAILABLE Page 2 of 3 Statement Period 07/01/0$ ,through 07/31/08 EO P PC O C 47 Enclosures 0 Account Number 0064 7005 3899 Public i+ur~ds Interest Checking COUNTY AVAIL.ABLE~ ' Youx A;cc~ount a~t a GIance Account Number 0064 7005 3899 Statement 3,eginning Balance $27,387.30 Statement Period 07/01/08. through 07/31/08 Anioun~t of Deposits/Credits $56.45 Number of Deposits/Crec?its 2 .Amount of '9Vitlidrawals/Debits $18.31 I~Tumber of WitlidrawaIs/I?ebits~ 1 Statement Ez-ding Balance $27,425.44 Number of Days in Cycle _ _ 31 Average .Ledger Balan_ ce Servx.ce ;~~arge $27,413.48 $18.31 Amount of Iiitereat Paie? $20.90 Interest },?ald Year-to-Date $142:9£i: Annual Percentage Y~~eld.-Earned ~ - VCi.ithlioldiig Y:~arto-Date $0.00 This Statarnent Period - 0.90% . Deposits• an~T: GSredits~ .