Madison County, TX ESD Initiative

Madison County, TX ESD Initiative Share facts, ask questions, & discuss the pros & cons of creating an ESD/multiple ESDs in the county.

01/09/2023

From Dave: the interest of openness and transparency let me be perfectly clear.

1) this page is not being operated by Madison County, City of Madisonville, or any other governmental entity.

2) this page is not being operated by the individuals who are proposing to implement an ESD in Madison county.

3) this page is not being operated on behalf of any fire department or by officers of any fire department.

4) Wyona and myself both have connections to a volunteer fire department in Madison county but we are neither officers nor speaking on its behalf.

5) our purpose on this page is to provide verifiable facts and prior experiences and observations involving ESD’s so that if there is a ballot measure on the issue, readers can make their own informed decisions.

6) as a result, depending on your views, the information shared may appear to favor, or not favor, formation of an ESD. Speaking for Dave only, my motive is to inform, not persuade, and I intend to be as objective as I can.

01/09/2023

★TOPIC 11. EVERYTHING ELSE

★TOPIC 10.   THE DOWNSIDE OF AN ESD     As a political subdivision of the State, an ESD is another layer of government t...
31/08/2023

★TOPIC 10. THE DOWNSIDE OF AN ESD

As a political subdivision of the State, an ESD is another layer of government that will need to spend taxpayer money for overhead expenses, thus reducing the amount of taxpayer money funding the fire departments. Overhead / administrative costs in some ESDs may appear reasonable, and others may appear to be out of line.

Appointed 5-member ESD Board of Commissioners who have significant power and no accountability to the taxpayers or our County’s elected officials
o Authority whether or not to establish exemptions (homestead, +65, disabled, veteran)
o Authority to grant tax abatements and/or accept donations in lieu of taxes
o Authority to call for sales tax election (once petitioned by 5% of the ESD’s registered voters)
o Authority to bill individuals, entities, insurance companies, etc., for emergency services rendered
o If presented with a dissolution petition by registered voters, a hearing will be called, and the Board will make the sole decision whether to grant or deny the petition. 775.052 (more on this later)
o Authority on whether or not to pay themselves a stipend
o The above are just a few examples of their authority

Ad valorem tax increases at a time when families are struggling to pay for necessities like food, utilities, medicine, and fuel, especially those on fixed incomes.

ASSETS: This can get complicated: Anything purchased with taxpayer funds remains the property of the taxpayers (ESD). This sounds right! Whoever paid for it owns it. However, if an ESD spends taxpayer money to repair equipment or facilities owned by a volunteer fire department, most authorities agree the ESD then owns a proportionate interest in the asset. The way we understand this, let’s say a VFD owns a firetruck, and the ESD spends taxpayer money to replace the motor, or the VFD owns the firetruck, and the ESD spends money to replace the skid unit. In these instances, the ESD would own a proportionate share of the firetruck. This was verified by a VFD Fire Chief whose department contracts with an ESD. If this is incorrect, someone please speak up

There is no guarantee homeowner’s insurance premiums will be reduced with a lower ISO score. Even if premiums are reduced, the lower ISO score does not apply to homes located more than 5 road miles from a fire station or 1000 ft from a hydrant.

Property without structures (farmland) and homeowners without insurance would see no benefit in a “potential” lower insurance premium

There are ESDs across Texas in the news due to conflicts with volunteer fire departments. Most recently, in Brazos County, the ESD, rather than renew their contract with Brazos County VFD, put them on a month-to-month basis while trying to work through an agreement. Key Takeaway: No entity knowingly enters into an agreement expecting conflict, but it does happen.

★TOPIC 9.  OTHER IDEAS TO HELP FUND OUR FIRE DEPARTMENTSWhat are your ideas?  Please share them!Two ideas were floated d...
31/08/2023

★TOPIC 9. OTHER IDEAS TO HELP FUND OUR FIRE DEPARTMENTS

What are your ideas? Please share them!

Two ideas were floated during the Tuesday workshop.

1. Increase the tax we all pay to Madison County. The county already has the infrastructure in place to manage the funds; it will not require another layer of government, and the funds would be managed by our elected officials, Commissioners, Court, and County Judge. Our 2023 county tax rate is $0.4864/$100 evaluation. UPDATE: Dec. 2024-the 2025 county tax rate is $0.48/$100. The downside of a county tax is that it would be tied to property and would increase as evaluations increase annually.

Is this possible without an election?. How much would our county taxes need to increase to generate approximately the same revenue as an ESD? If anyone can answer these questions, please let us know.

2. A County Assistance District may be a viable alternative to help our fire departments. This sales tax proposition would be decided in an election.

WHO IS ELIGIBLE?
All counties are eligible to create any number of county assistance districts under Local Government Code, Chapter 387, as long as
the total combined rate of all local sales taxes within a proposed district does not exceed 2 percent.

HOW CAN THE TAX REVENUES BE USED?
The district must use the sales tax revenues to perform the following functions of the district:
• construction, maintenance, or improvement of roads or highways;
• provision of law enforcement and detention services;
• maintenance or improvement of libraries, museums, parks or other recreational facilities;
• provision of services that benefit the public health or welfare, including the provision of FIREFIGHTING and FIRE prevention services; or
• promotion of economic development and tourism.

Under a County Assistance District, a sales tax could be levied in the unincorporated areas of the county. (outside the city limits of Madisonville & Midway) and earmarked for our fire departments. The maximum sales tax allowed in Texas is 8.25%. Here's how it breaks down:
State of Texas: 6.25%
Madison County: 0.50%
City of Madisonville & Midway: 1.50%
Total: 8.25%

If you buy a case of cokes in Madisonville or Midway, you pay 8.25% sales tax. If you buy the same case of cokes in NZ or any other retail outlet outside of the city limits, you pay 6.75%.

Bottomline 1.5% is still up for grabs everywhere else in the county (outside of the cities of Madisonville & Midway) The benefit of a sales tax is that commuters/tourists who don't own property in the county, but make a taxable purchase in a retail outlet would be contributing. UPSIDE: A sales tax is not tied to property evaluations!

Based on 2022 taxable sales, a County Assistance District would generate approximately $705,000 annually.

Read more here. Select, "View County Assistance District Sales Tax Sheet (PDF):

The Texas Legislature has defined programs designed to spur economic development in communities of all sizes across Texas. The experts in the Data Analysis and Transparency Division can answer your questions about these programs.

★TOPIC 8.  ESD BUDGETSHere are some examples of ESD budgets and tax abatements.
31/08/2023

★TOPIC 8. ESD BUDGETS

Here are some examples of ESD budgets and tax abatements.

★TOPIC 7.  THE COUNTY’S INTERLOCAL AGREEMENT WITH THE CITY OF MADISONVILLE➤➤➤Here is the most recent agreement shared by...
31/08/2023

★TOPIC 7. THE COUNTY’S INTERLOCAL AGREEMENT WITH THE CITY OF MADISONVILLE

➤➤➤Here is the most recent agreement shared by Judge Osborne. (1st picture)

Also attached are screenshots of the original 1994 agreement between the city and county. This agreement consolidated the city volunteer fire dept with the county fire dept. It can be found here in Madisonville City ordinances. https://library.municode.com/tx/madisonville/codes/code_of_ordinances?nodeId=COOR_CH20FIPRPR_ARTIIFIDE

★TOPIC 6.  REVENUE GENERATED BY ESD PROPERTY TAX & BUDGETSBased on 2023 Madison County property evaluations, using the E...
31/08/2023

★TOPIC 6. REVENUE GENERATED BY ESD PROPERTY TAX & BUDGETS

Based on 2023 Madison County property evaluations, using the ESD maximum tax rate allowed of $0.10/$100 evaluation, it is estimated that approximately $1.4-$1.5 million would be generated county-wide.

2022-23 Fire Department Budget: (Madisonville)
County Funding Allocated: (Midway, NZ, Normangee):

YEAR: 2022-23
City of Madisonville Fire Dept Budget $276,573
Midway VFD funding from Madison County $30,000
North Zulch VFD funding from Madison County $35,000
*Normangee VFD funding from Madison County $7,000
GRAND TOTAL: $348,573

NOTE: The above numbers for Midway, NZ, and Normangee are NOT their budgets. It's the portion of the county budget allocated to these departments. Also, this does not include grants, fundraisers, and donations. *part of Leon County ESD

★TOPIC 5.  BILLING FOR SERVICES PROVIDEDSources of Revenue:   In order to finance the provision of emergency services, E...
31/08/2023

★TOPIC 5. BILLING FOR SERVICES PROVIDED

Sources of Revenue:
In order to finance the provision of emergency services, ESDs have multiple sources of revenue that are available. These include, but are not limited to, ad valorem property taxes, sales tax, AND FEES for services.
ESDs or a person authorized by contract on the ESD's behalf may charge a reasonable fee for emergency services performed for or on behalf of a person or entity. For example, an ESD could charge a fee for responding to a false alarm, for undertaking a fire code inspection, or for providing hazardous material services. (Source SAFE-D handbook, page 8 )

The decision to charge for services or not will be up to the 5-member appointed board.

This is an example of standard charges from Fire Recovery USA, which claims to be the nation’s largest cost recovery company created to serve fire departments across the U.S . This company contracts with Cities, VFDs, and ESDs; their fee is typically 20%.

Page 61 of this 77-page PDF document provides a list of their customers in Texas. Page 73 begins to list the standard fees assessed by Fire Recovery USA..

Also, Fire Recovery USA is not the only company that contracts with entities providing emergency services.https://www.willowpark.org/.../2017.0509_cc_r_age_pkt_7.pdf

★TOPIC 4.  ESD BOARD OF COMMISSIONERSSec. 775.034.  APPOINTMENT OF BOARD IN DISTRICT LOCATED WHOLLY IN ONE COUNTY.  (a) ...
31/08/2023

★TOPIC 4. ESD BOARD OF COMMISSIONERS

Sec. 775.034. APPOINTMENT OF BOARD IN DISTRICT LOCATED WHOLLY IN ONE COUNTY. (a) The commissioners court of a county in which a single-county district is located shall appoint a five-member board of emergency services commissioners to serve as the district's governing body. To serve as a member of the board a person must be:

(1) at least 18 years of age; and

(2) a resident citizen of the state and:

(A) a qualified voter within areas served by the district; or

(B) the owner of land subject to taxation in the district.

(b) Except as prescribed by Subsection (c), commissioners serve two-year terms.

(c) After the votes are canvassed and the commissioners court enters the order creating the district, the commissioners court shall appoint the initial emergency services commissioners to serve until January 1 of the year following the district election. On January 1, the court shall designate three of those emergency services commissioners to serve a two-year term and two of those emergency services commissioners to serve a one-year term.

(d) On January 1 of each year, the commissioners court shall appoint a successor for each emergency services commissioner whose term has expired.

(e) The commissioners court shall fill a vacancy on the board for the remainder of the unexpired term.

(f) A member of the board who, because of municipal annexation, is no longer a qualified voter of an area served by the district or no longer owns land subject to taxation by the district may continue to serve until the expiration of the member's term.

(g) The commissioners court shall consider relevant factors in determining the individuals to appoint as emergency services commissioners, including whether the individuals have knowledge that relates to fire prevention or emergency medical services and that is relevant to the common policies and practices of the board.

See attached for District Powers and Duties. 775.031 and Compensation 775.038

★TOPIC 3.  PROPERTY TAXES-EXEMPTIONSThe maximum ad valorem tax that can be imposed by an ESD is $0.10 per $100 evaluatio...
31/08/2023

★TOPIC 3. PROPERTY TAXES-EXEMPTIONS

The maximum ad valorem tax that can be imposed by an ESD is $0.10 per $100 evaluation.

This tax is applied to real property (meaning land, buildings or structures, land improvements, mineral interest, and growing improvements like vines or orchards) and business personal property, like tangible assets and business-owned inventory, used to produce income.

EXEMPTIONS: The appointed ESD Board of Commissioners will make the decision whether or not to offer exemptions like homestead, +65 years, and disabled. They also have the authority to grant tax abatements. (see pics for examples)

Below are examples of exemptions:
1. Excerpt: “The Montgomery County Emergency Service District No. 2 board approved a 20% homestead tax exemption on March 24 for all residents in the district. According to a news release on May 11, the board kept the $25,000 exemption for residents age 65 years age or older and the $25,000 disability exemption for 2023” https://communityimpact.com/.../montgomery-county-esd-2.../

2. Also, the minutes from Harris County ESD 4 where they approved exemptions. See item 9.https://www.harriscountyesd4.com/.../Minutes+4-12-21.pdf

3. Another resource is to go to the county tax appraisal websites across the state and look at "Exemption Information." Here's a couple:
Robertson Co:https://robertsoncad.com/wp-content/uploads/2023/08/2022taxrate.pdf

Austin Co: https://austincad.org/exemptions-2-2/

Address

Madison County
Texas

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