ORDER NO. 30758 PRESENTATION ON INCORPORATION OF THE COMMUNITY Ot~ COMFORT Came to be heard this the 10th day of March, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the Resolution as submitted from the Committee concerning incorporation of the community of Comfort. ~o~~ 8' ~. 3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Jonathan Letz OFFICE: County Commissioner MEETING DATE: March 10, 2008 TIME PREFERRED: ~ ~ ~~ SUBJECT: Presentation from Committee concerning incorporation of the community of Comfort and consider, discuss and take appropriate action on support of same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Letz, Pct. 3 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 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays 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. 5:00 PM previous Tuesday yyh ::~! Comfort -Proposed • Chamber of Commerce appointed a committee to Investigate and Analyze the pros and cons of incorporation for our community • Committee formed in June 200? and has met regularly during the past ? months • 18 persons an the committee and the names are attached • Committee divided into three ~3~ sub- commttees o General o Expense o Revenue • Committee members visited 8 nearby Texas cities anal net with tl~e mayor and/ or city manager as part of the investigation o Wimberly o Ingram o Johnson City o Bandara o Blanco o fair oafs o Bulverde o East Bernard o Phone meetings with 1 other mayor .Canyon Lake 0 4.3 ~ kn~~ y'i O ..J d Z Q otf _~ _V W Z 1- O O U ,.~: d W 0 U ~ Z V ~' N W ~ ~ ~, Z ~, W ~'!: 5~ a o G ~ ~' V W W QJ #_ W E Z o ~. ~ , N' (~ ;r U .1-+ ~ N X N N o~ ~ :,- ~ ~ •~ ~ ~ ~ ~ /^L~ ~ LL ~ Q ~ N ~ .~.. L X ~L L Y ~"' (~ L _d ~ ~ J ~ ~ m m = _ ~ ~ X c ~ ~ .~ cn ` y~ ~ ~ ~ ~ ,~ L ~ Y "'-' (6 ~ U U c a~ N U __~ O U = +~' ~ ~ ~ ~ N ~ N ~ _ ~ ~ - ~ N ``N ~ R3 .~ U N p) ~ J VJ J L ~ ~ Y ~ ~ Q O.. ~ ~ a w Ri V L ~ U '= ~ ~ ~ U ~•~ ~acn ~Y c Sc L G • 1.7.. ~ L ~ L W U ~ = Y ~ ~~ ~ s V J ~ ~ (L~ ~ ~y N ~ ~ ~ ~ ~ Q~ O ~ ~ ` of ~ O N ~ O ~ ~ 'a v~ o h o ~? o U o i m p ,J c v- E N -~ ~ Q N ~ ~ tQ J _I ~~` 0 ~ N ~- +~ ~ ~ p LO ,Q .0 ~ ~ O t6 ~ ~.. ~ a ~ ~aUm ~ ~ o ~ ~ ~ ~ ~ c Q ~ ~~ J F- 0 Comfort -Proposed • Population of approximately 2,500 • Type 8 Municipality o With population over 2,000, allows up to 4 square miles of city limits and ~Z mile ~TJ ^ The water district ~WCID# 1 j is approximately 1.75 square miles o Population regctred is ~O1 to 9,999 o Can change to a Type A with 2 / 3 vote of city council o Type B property tax limited to 25 ~ per $ 100 valua ion o Application to be signed by 50 qualified voters wh© are resd-eats of proposed city o A survey of the city limits is required o The application and survey are filed With the County Judge wb.o orders an election o If elections successful, County Judge immediately calls another election to elect 1 ~ slate of officers. There will be elected a mayor and 5 aldermen 2tt::, .,.~: - large 0 STATE OF TEXAS COI1N'i'Y OF KF,RR #30758 RESOLUTION CONCERNING THE PROPOSED INCORPORATION OF COMFORT WHF,REAS Interested citizens in Comfort have investigated methods by which self rule may be instituted in that arri and have come to the conclusion that the only legal and viable alternative is the incorporation of Comfort; and W HF,REAS ~ presentation has been made to the Commissioners' Court addressing the advantages of incorporation. both to citiaens residing in the proposed area to be incorporated and to all residents of Kerr Count~~; and WHEREAS l'he majority of the area of Comfort is located in the unincorporated area of Kendall County with a smaller area of Comfort located in the unincorporated area of Kerr County; and WHEREAS Kendall County is responsible for providing services to the area of Comfort located in Kendall County and Kerr County is responsible for providing services to the area of Comfort located in Kerr County; and WHF,REAS As in incorporated municipality, Comfort would at some point in time assume responsibility for provision of services to the area within the municipal limits, thereby partially or wholly relieving Kendall County and Kerr County of such responsibility; and WHEREAS There are certain legal requirements, including the conduct of an election, before an area can becomG~ incorporated under applicable law; and WHEREAS It is not the intent of the Commissioners' Court to influence the citizens in deciding whether or not incorporation shall be approved, that being a decision best left to the residents of the area; and WHEREAS It is proper for the Commissioners' Court to assure the citiaens residing within the area proposed to be incorporated that, if the decision is made to incorporate, the Commissioners' Court will continue to provide services the citizens of the area within the incorporated area located in the County and provide such other assistance as allowed under the Constitution and laws of the State of Texas until such time as the resultin~~ municipality is able to assume responsibility for providing such services; NOW, THEREFORE, the following RESOLTION is adopted concerning the proposed incorporation of Comfort: RESOLVED "that the Commissioners' Court of Kerr County will continue to provide services to the area of Comfort located in Kerr County if such area complies with legal requirements to become an incorporated municipality in accordance with applicable law until such time as financial and practical consideratiin-, -vake it feasible for the resulting municipality to provide such services: and IT IS FURTHER RESOLVED, that the Commissioners' Court will provide such other assistance to the Comfort area as allowed by law, both in complying with legal requirements to decide the issue of incorporation, and if approved by the electorate, proceeding to incorporation. ADOPTED THIS 10-~ day of March, 2008 it --- t Tinley ount J ge r(, e f~ . A. "I~ust~r Baldwin, %ommissioner William H. Williams, Commissioner Precinct Precinct 2 V _-onath~ 1 't __ Comm-ssioner Bruce Oehler, Commissioner Precinct ~ Precinct 4 O V) J Q Z a Q Q C~ H W Z t- O O W _~ O a°ii ~ W E ~~ U p Z to .~ ~ E cn ,~ po., c a~ ~ ~ ~ ~ ~ ( u- I .~ ~ ~ aci x ~ vii cn ~ v c o N .? a m o >~,, ~ ~ ~, .,,., aci E ~ coin ¢ c ca ~ o !~ .o p ~ .i m ~ w a~ x ~c ~ :~ -co c ~ ~ c •~ ~ d. o = ~ ~ a~ m o~~ x C .... .` cA ~ Y ~ m U U ~ E ~ U i ' ~, C ~ '- -- C _ ~ C C 'C Z ~ C ~ W W ~_- ~ cn p N o ~ ~ o ~ ~ ~ v s _ ~ ~. ~.~ c w E a oi 3 ~ N =~ ~ ~ ~ ~, ~ pY c~a.cA X V ~ ~ J ~ W ~ ` ~ LL- ~ . C t6 d ~ ~ ,~ ~ f0 V m ~ N ~ ~ ~ Q ~ c ~ ~ ~ _ Y ~ a w ~~ ~ ~ ~ ~ ~' cu ~~ L '~ ~,~ ~ C ~ J ~ ~ ~ ,... of N ~ ~ .~ C ~ p) N ~~ ~ ~ N C ~ U VJ N .~ Y C C J W E t° o "` ~ o o o c ~ m p ~_ ~ Z W p C1 ~ - S? C ~' ~ ~ ~ u~ ot5 t C o a ~ >• O ~ Y -- ~ ~ O ` O . U) t9 o N = ~ o E ~.~. 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