ESD goes down in flames

Grimes County Commissioners unanimously approved a motion to deny the petition for the creation of Grimes County Emergency Services District (ESD) No. 2 as it is not feasible and will not promote public safety, welfare, health and convenience of the persons residing in the district, and the findings are the same if the municipalities of Anderson, Bedias, Plantersville and Todd Mission, and Navasota’s ETJ, were included. The vote was held during the Feb. 1 Regular Meeting of the Commissioners Court.

The ESD No. 2 petition was presented to commissioners Nov. 2, 2022, by Richards resident Michelle Gremillion on behalf of her co-petitioners Terry Lowrey and Richard Gremillion.

Five elements required

Presenting the agenda item, Commissioner David Tullos referred to relevant portions of the Texas Constitution and the Texas Health and Safety Code, read the petition aloud and reviewed the timeline leading to the court’s vote. 

According to Chapter 775.017(a) of the Texas Health and Safety Code, if the proposed district fails to satisfy any one of five elements, by statute the commissioner court shall deny the petition. The proposed district must be feasible, promote the public safety, welfare, health and convenience of the persons residing in the district.

Tullos also reviewed 775.017(b) which addressed the inclusion of territory in municipal limits and ETJs (extraterritorial jurisdiction) of municipalities and that the court must find the same requirements must be met for each municipality or ETJ included in the district.

Feasibility questioned

Commissioner Phillip Cox said, “I personally have a difficult time wrapping my mind around the element of feasibility based on the proposed district boundaries as a whole.”

Cox questioned the proposed district’s plan to provide emergency services in response to any emergency situation and said, “I have a difficult time believing that meets the feasibility standards and I’m not sure that the creation of this district with the proposed boundaries based on that statement, might be an impediment to public safety, welfare and health and it certainly, in my opinion, would not be a convenience to people residing in that district.”

Cox noted lack of permission from municipalities to service their ETJs and pointed to the confusion surrounding the issue.

It was noted that Anderson, Plantersville and Todd Mission had passed Resolutions opposing the ESD while the City of Bedias’ Resolution requested inclusion in the ESD. 

Commissioner Barbara Walker read a statement from Navasota City Manager Jason Weeks stating the proposed ESD as written is “not in the best interests in our residents that live in our city limits and ETJ, nor we believe this is beneficial to our future residents in the city limits and expanded ETJ as the city grows.”

During the public comments portion earlier in the meeting, Michelle Gremillion rebutted statements made at the Jan. 18 public hearing. She clarified valuation and tax obligation, the petitioners’ lack of interest in ESD board service, the exemption status of several large employers, their notification process, election costs and called the citizen’s right “to vote their voice” on the proposed ESD as a “Texan and American value.”

Meetings may be viewed in their entirety at https://www.facebook.com/GrimesCountyCourtHouse.