Commissioners set public hearing for ESD #2
Grimes County voters will have their day in court Wednesday, Jan. 18, 2023. That’s the date approved by county commissioners to receive feedback on the proposed second Emergency Services District (ESD) in Grimes County. This action was taken at the heavily attended Regular Meeting of Commissioners Court Nov. 2 and followed comments from three Grimes County residents speaking both for and against its creation.
The boundaries of the proposed ESD #2 would include all areas of Grimes County with the exception of the area within the Navasota city limits and ESD #1 created in 1990 and whose boundaries are coexistent with the Iola Independent School District.
The public comments
Pct. 2 Commissioner-Elect David Tullos advised the court that the Cities of Anderson, Plantersville and Todd Mission have passed Resolutions against the creation of ESD #2.
Petition representative Michelle Gremillion proposed an ESD would provide improved safety and peace of mind for Grimes County citizens through dedicated funds to local first responders “through a tax structure determined by the court.”
Addressing the cities with Resolutions against the initiative, Gremillion said, “We want to encourage not only the municipalities but this court, to allow a vote for all its citizens in the county and an opportunity to have their say in an initiative like this.”
Property owner Dianna Westmoreland questioned the feasibility of an ESD based on Grimes County population as opposed to an ESD for Richards only. Other concerns related to ESD’s taxing power, the additional financial burden for taxpayers, the impact on existing fire departments and ambulance contracts.
Potential May ballot
County Judge Joe Fauth recapped portions of Texas Health & Safety Code, Section 775 related to ESDs and noted that municipalities must give written consent to be included “on or before the 60th day after the day on which the municipality receives a request.”
Clarifying the court’s responsibility, Fauth said, “At this meeting, we as a court are to set a place, date and time for the hearing to consider the petition. At this point in time, the commissioners court is not for nor against this process. This is a process that you will have to have further input, or should have further input, as to whether this goes on a ballot, potentially in May 2023 for all the voters to yea or nay, providing the municipalities do or don’t want to participate.”
During discussion to determine the hearing date, Commissioner Phillip Cox questioned the proposed Dec. 23 hearing date saying, “I think we need to have it after the first of the year…I don’t know what kind of participation we’d get.”
Quoting Section 775.014 about the ability of citizens within municipalities who do not consent to participate to make application, County Attorney Jon C. Fultz said, “There needs to be a period of time at least 60 days and some period beyond that for folks within the municipality to make application. They would be deprived of the opportunity if the court heard the matter before the 60th day.”
Gremillion confirmed that all municipalities received notification, including Navasota and added, “Navasota was included in that request for consent because the district includes a portion of their ETJ (extraterritorial jurisdiction).
Fultz recapped the court’s responsibility per Section 775.017 saying, “If after the hearing, the court finds the creation of the district is feasible, will promote public safety, welfare, health and convenience of persons residing in the proposed district, commissioners court shall grant the petition, fix the district’s boundaries, impose any conditions negotiated under Section 775.014.”
ESDs in a nutshell
ESDs are taxing entities that may provide fire, rescue, EMS and other emergency services. They’re designed to provide adequate funding for emergency services and to spread the funding amongst everyone in the district who might need the service.
The Texas Constitution caps ESD property tax rates at 10 cents per $100 valuation but they also have the ability to levy a sales and use tax. ESDs requesting an increase in their tax rate, depending on how created, may or may not have to seek voter approval.
Governed by a five-member board, ESDs have certain police powers related to fire codes, a Fire Marshall, penalties and fines. They may hire emergency personnel or contract with other entities.
For more Information about ESDs, see Health & Safety Code at https://statutes.capitol.texas.gov/Docs/HS/htm/HS.775.htm or the Texas State Association of Fire and Emergency Districts at https://www.safe-d.org.
The ESD #2 petition with the required 100 signatures is available online at www.grimescountytexas.gov/page/Commissioners.Court under Agenda, Minutes and Videos Beginning 6-1-22.