THE INS & OUTS OF INCORPORATING COMFORT – INFORMATIONAL MEETING
April 16th, 2008 categories: Comfort Community News, Views & Faces
I attended an informational meeting last night concerning the possibility of incorporating Comfort. Allen Goodwin MC’d the meeting at Comfort Park and went over the Investigative Committee’s discoveries/recommendations regarding incorporating Comfort. Here are the highlights:
1. The Investigative Committee.
The Investigative Committee was appointed in June 2007 by the Chamber of Commerce as an unbiased group to investigate/make recommendations as to options of how Comfort could gain more autonomy over its future.
2. Reason for the Investigative Committee.
The investigation began because of fears created by a January, 2007 vote by the county commissioners which authorized a bill be sent to the state legislature asking for more county authority to manage growth in Kendall County (which includes Comfort). This bill was ultimately tabled for this session, but the potential impact of the passing of such a bill would have given the County the right to enact sign, zoning, setback, and lot size ordinances, and manage the overall economic development in Comfort. The fear is that a vacuum in authority currently exists and if Comfort does not gain some type of control of its own affairs, someone else (i.e., the County) ultimately will take it. It was felt that a means needed to be established whereby decisions affecting Comfort could be made at the local level rather than the County level (e.g., The people of Comfort could determine their own destiny). For more information on the bill sent to the state legislature,
see http://boernestar.com/articles/2007/03/13/news/news04.txt
3. Investigations.
18 people were appointed to this committee with three sub-committees appointed to investigate information on the following topics: General, Expense, Income. At least 8 small cities in the area were visited to see how they managed their affairs.
4. Legalities.
Their investigations determined that there are only 2 legal ways to legally govern the affairs of a community:
Either through the establishment of a Subdivision where restrictions that affect the subdivision can legally be filed
Or through the creation of a municipality whereby city ordinances can be established by representatives (voted into office by the community at large).
5. Types of Municipalities.
There are 3 types of City governments that could be set up. A Type B Municipality was recommended. This type of municipality requires between 201-9,999 people and allows up to 4 square miles of city limits and 1/2 mile ETJ. This type of municipality is the least obtrusive and limits property tax assessment to no more than 25 cents per $100 valuation (the least amount of the three types of municipalities).
6. Generating Revenue.
The committee estimated that, rather than having a property tax, a 8.25% sales tax (the tax currently in Boerne and Kerrville) could provide the necessary income to get the city going (at least for the first 9 years). Comfort’s current sales tax is 6.75%. The tax increase would be divided as follows: 1%-General Expenses, 1/4%-Street Maintenance, 1/4% Economic Development. For more information on the projected expenses/revenues, see http://www.co.kendall.tx.us/node/318.
7. The Process.
In order to start the process of incorporation, a survey of the city limits would be required. Kendall County agreed to front the money for that survey (along with legal fees) until city revenues could be generated to pay for that. The survey and an application signed by 50 qualified voters who are residents of the proposed city would then have to be filed with the County Judge who would then order an election.
8. Election.
The earliest date for an election would be in November, 2008; the next: May, 2009. Once voted on and, if approved, the first sales tax revenue received would be at least 1 year and 7 months later. It is not a quick process.
9. County’s Continued Contribution.
Kendall County also agreed that, if Comfort voted positively to incorporate, it would continue law enforcement and road & bridge maintenance as follows:
Road & Bridge First 6 yrs- Full services Yr 7-1/2 services Yr 8-Comfort 100% resp.
Law Enforcement First 8 yrs – Full Services Yr 9-100% resp.
10. Proposed City Boundaries.
A map defining the boundaries of a 4 square mile area that could be the limits of Comfort was given. It was made clear that this was a proposed map and the boundaries could be changed by whoever ultimately makes application to incorporate Comfort. It was felt that as much of I-10 and Highways 27 and 87 need to be included (as businesses generating sales taxes would ultimately be located along these roads). Also, the area needed to include the entire area that Kendall County Water Control District #1 services (as water and sewer now is provided to this area).
11. What’s Next?
Allen Goodwin stated that Thursday, April 17th was the last informational meeting being held and, after that meeting, all of the materials that the Investigative Committee generated, would be deposited at the Comfort Public Library. It will be up to the citizens of the community to take the next step. A new committee will have to be formed to move forward on the matter (e.g., define the exact boundaries, order a survey, and sign an application to be presented to the County Judge). Allen also suggested that a poll could be taken to decide whether to even hold an election; however, the finances currently are not available to fund that and this, also, would be up to the next committee to move forward on.
So … the question now stands: What do the people of Comfort want?
If incorporation is the wish of the community: Is there anyone (or a group of people) out there who will rise to the call to move this forward?
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For more information and the full outline of the material presented at the meeting (including estimates of revenues and expenses for an extended period of time), see:
http://www.co.kendall.tx.us/node/318
Also, a recent article written by the Boerne Star on this subject, see:
http://boernestar.com/articles/2008/03/20/news/news02.txt
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