What is an emergency Services District, ESD?

• • Emergency Services Districts (ESDs) are political subdivisions of the State of Texas, created by voters in a local area to fund fire protection and emergency services.  ESD’s are governed by Chapter 775 of the Texas Health and Safety Code. ESDs are the only practical way to adequately support emergency services in many Texas municipalities as well as suburban and rural areas of the state, and through consolidation across a regional area, often provide a more efficient resource allocation response model that better protects the lives and property of citizens, while being a more cost effective funding model for taxpayers. Parker County ESD1

  • Texas Constitution and Statues > State Health And Safety Code > Title 9. Safety > Subtitle B. Emergencies > Chapter 775. Emergency Services Districts > Subchapter A. General Provisions

 

What is the Parker County Emergency Service District No1. (ESD1)

• Parker County ESD 1 website

  • Main office 315 Morrow Road, Springtown, TX

  • “Parker County ESD 1 provides Structural and Wildland Fire Suppression, Rescue, and Emergency Medical response, operating out of 7 fire stations across 311 square miles of Parker County protecting over 65,000 residents including the communities of Aledo, Springtown, Peaster, Poolville, LaJunta, Silver Creek, the Annettas, and the Morning Star Municipal Utility District. ESD 1 responds to over 5,000 emergency calls for service annually. ESD 1 also provides Life and Fire Safety Education to area schools, fire prevention and safety inspections for local businesses, and assists with community risk assessment and reduction efforts in cooperation with communities we protect.”

  • ESD1 Commissioners: Emergency Services Districts are governed by a five member board of commissioners that is appointed by the county commissioner’s court, as required by Chapter 775 of the Texas Health and Safety Code. Emergency services commissioners serve two year terms, and typically have experience or knowledge of public safety service delivery. The board of commissioners, in conjunction with administrative staff, facilitate the overall operation of the district and delivery of fire protection and emergency services.

  • ESD1 Fire Chief: Steven Watson

  • [Each of the eight (8) Emergency Service Districts in Parker County has its own management, board, and website. They function as cooperating but separate entities. Weatherford and Willow Park are the only two cities in Parker County, Texas who have their own fire departments.]

  • PC ESD1 Long Term Plan  December 2020 @ About Us

  • How is ESD1 financed?

    • ESD1 is financed by a separate tax rate. It is a tax on taxable property in the ESD1 area. The tax is collected on the annual Parker County Appraisal District tax bill.

    • "The District’s primary funding source is ad valorem taxes, with additional revenues via sales tax, fees for services, grants, and investments. The District’s millage rate remained flat at the 1.0 mill ($1/$1,000 taxable value or $.10/$100) maximum authorized by District voters" PCESD1.org  > About Us > PC ESD1 Long Term Plan  December 2020, page 24

    • By Texas statute, there is a cap of 10% placed on the rate the ESD is allowed to tax property owners. All taxes -- M&O Maintenance and Operations and Interest and Sinking I&S [Glossary] are included in this tax rate. 

    • Currently ESD1 is at the maximum 10%. (source: 09 August 2022 ESD1 presentation posted in Journal.) 

    • Texas Association of Fire and Emergency Districts > FAQ

      • ​ESDs are allowed to levy ad valorem (property) tax. The Texas Constitution states that ESDs may tax up to $0.10 per $100 of property valuation. The ESD’s creation documents establish the district’s initial tax rate.

      • ESDs may also collect sales tax, provided an election is held and voters approve this power. In Texas, 8.25% is the maximum allowed sales tax rate. The state collects 6.25%, leaving 2% available to eligible local jurisdictions, including ESDs. An ESD may collect anywhere from .125% to 2% of the local sales tax rate depending on availability and subject to voter approval.

      • ESDs are also allowed to bill for services provided, such as emergency medical services or fire protection, if it so chooses.

    • The City of Willow Park offers a Senior Exemption to taxpayers over 65 years and older. Does the ESD1 offer the same Senior Exemption?

      • NO​! The attached Parker County Appraisal District - 2022 Exemption.pdf indicates "No"  under the Taxing Unit ESD1 for "Local Option." If the Willow Park Fire Department is transferred to the Parker County Emergency Services District 1, ESD1, Willow Park senior tax property tax payers will pay the full 10% of appraised value that is levied by ESD1. This will represent a tax increase for seniors over 65yo. 

      • Texas Comptroller of Public Accounts > Age 65 Or Older Or Disabled Exemptions Frequently Asked Questions

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Texas Statutes, Health And Safety Code, Chapter 775, Emergency Services Districts

Texas Statutes > Health and Safety Code > Title 9. Safety > Subtitle B. Emergencies > Chapter 775. Emergency Services Districts > Subchapter A. General Provisions

• Sec. 775.051.  Expansion of District Territory 

  • (a)  Qualified voters who own taxable real property in a defined territory that is not included in a district may file a petition with the secretary of the board requesting the inclusion of the territory in the district.  The petition must be signed by at least 50 qualified voters who own taxable real property in the territory [Willow Park] or a majority of those voters, whichever is less.

  • (b)  The board by order shall set a time and place to hold a hearing on the petition to include the territory in the district.  The hearing may be held not earlier than the 31st day after the date on which the board issues the order.

  • (c)  The secretary of the board shall give notice of the hearing.  The notice must contain the time and place for the hearing and a description of the territory proposed to be annexed into the district.

  • d)  The secretary shall:

    • (1)  post copies of the notice in three public places in the district and one public place in the territory proposed to be annexed into the district for at least 15 days before the date of the hearing;  and

    • (2)  not later than the 16th day before the date on which the hearing will be held, publish the notice once in a newspaper of general circulation in the county.

  • (e)  If after the hearing the board finds that annexation of the territory into the district would be feasible and would benefit the district, the board may approve [or deny] the annexation by a resolution entered in its minutes.  The board is not required to include all of the territory described in the petition if the board finds that a change is necessary or desirable.

  • (f)  Annexation of territory is final when approved by a majority of the voters at an election held in the district [ESD1] and by a majority of the voters at a separate election held in the territory [Willow Park] to be annexed.  If the district has outstanding debts or taxes, the voters in the election to approve the annexation must also determine if the annexed territory will assume its proportion of the debts or taxes if added to the district.

  • (g)  The election ballots shall be printed to provide for voting for or against the following, as applicable:

    • (1)  "Adding (description of territory to be added [Willow Park]) to the ____________ Emergency Services District.”

    • (2)  "(Description of territory to be added [Willow Park]) assuming its proportionate share of the outstanding debts and taxes of the ____________ Emergency Services District, if it is added to the district."
      [Note: There are not mandated questions on the ballot for ESD1 to assume Willow Park FD debts and/or assets.]

  • (h)  The election notice, the manner and time of giving the notice, and the manner of holding the election are governed by the other provisions of this chapter relating to those matters to the extent that those provisions can be made applicable.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Sec. 

 

Petition Questions

• Where may I get a copy of the current petition?
  • Attached is a list of the signatures on the current petition in .pdf. 
• Who submitted the petition? 

• Willow Park Mayor Doyle Moss circulated the petition among selected citizens (source: 09 August 2022 Council Meeting.) Not all citizens had the opportunity to sign or reject the petition. 

• How many signatures on the petition? 

  • Fifty (50) signatures are required. (source: See above for Texas Statutes, Health And Safety Code, Chapter 775, Emergency Services Districts)

  • There were sixty-six (66) signature on the petition submitted to the EDS1 on 29 June 2022

  • During his presentation during the 09 August 2022 Council Meeting. Chief Watson indicated that after vetting the signatures for taxable property owners and register owners there were fifty-eight (58) qualified signatures.

• Are the signatures required to be Willow Park citizens?

  • All signatures should be from Willow Park citizens who own taxable property and are registered to vote. 

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• Where are the procedures and rules for collecting and submitting a petition to the county posted?

  • Texas Statutes > Health and Safety Code > Title 9. Safety > Subtitle B. Emergencies > Chapter 775. Emergency Services Districts > Subchapter B. Creation of District > Sec. 775.011. Petition For Creation Of District Located Wholly In One County.

 

08 November 2022 Ballot Questions

• What are the questions on our Willow Park Ballot?

  • The questions on the 08 November 2022 ballot for Willow Park citizens are established by the Texas Statutes > Health and Safety Code > Title 9. Safety > Subtitle B. Emergencies > Chapter 775. Emergency Services Districts > Subchapter A. General Provisions  > Sec. 775.051. Expansion of District Territory.

    • (g) The election ballots shall be printed to provide for voting for or against the following, as applicable:

      • (1) "Adding (description of territory to be added) to the ____________ Emergency Services District."

      • (2) "(Description of territory to be added) assuming its proportionate share of the outstanding debts and taxes of the ____________ Emergency Services District, if it is added to the district."

  • There will be two “yes or no; for or against” questions on our Willow Park ballot. 

  • What is the exact wording of the two ballot questions on the Willow Park 08 November ballot ? 

    • From ESD1 Fire Chief Watson, 09 September, 2022

    • order and wording in .pdf 

    • For registered voters in the territorial limits of the District: 

      • PROPOSITION A / PROPOSICION A: "Adding a tract of land located in the City of Willow Park, Texas, and adjacent territory, to Parker County Emergency Services District No. 1. (La adicidn de un trecho de terreno ubicado en la Ciudad de Willow Park, y territorio adyacente, al Distrito No. 1 de los Servicios de Emergencia del Condado de Parker.)"

      • Editorial Notes:

        • A vote FOR Proposition A means the voter SUPPORTS selling the Willow Park Fire Department to ESD1. 

        • If you do NOT want to sell the Willow Park Fire Department, vote AGAINST this proposition.

        • As documented in the 11 October 2022 Willow Park City Council Meeting the MAIN PURPOSE of selling the Willow Park Fire and Rescue Department to the acquire the funds to build a new Willow Park City Hall. 

      • PROPOSITION B / PROPOSICION B  "The tract of land located in the City of Willow Park, Texas, and adjacent territory, assuming its proportionate share of the outstanding debts and taxes of the Parker County Emergency Services District No. 1, if it is added to the District. (El trecho de terreno ubicada en la Ciudad de Willow Park, Texas, y territorio adyacente, asumiendo su park proporcional de las deudas e impuestos pendientes del Distrito No. 1 de los Servicios de Emergencia del Condado de Parker, si es agregado al distrito.)"

      • Editorial Notes: 

        • During his presentations on 09 August 2022 and on 17 August, 2022 [See Journal for additional information], Parker County ESD1 Fire Chief Watson indicated very rarely do the citizens elect to assume the ESD deb; ;in other words, most citizens vote AGAINST Proposition B. If Willow Park does not assume the ESD1 debt, it is an accounting chore for ESD1. 

        • This question is for Willow Park citizens to assume ESD1 debt; there is no question about ESD1 assuming the outstanding fire department debt of Willow Park.

 

• Who will be allowed to vote on these questions on the 08 November 2022 Willow Park ballot?

  • ​“All voters who are registered to vote in the petitioned area will be able to vote on both propositions.”  ESD1 Fire Chief Watson, 09 September, 2022

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Financial Questions

• How much debt does Willow Park still have for the Willow Park Fire Department?

  • According the city preliminary budget distributed and discussed at the 12 July 2022 council meeting, the city has about $9M debt outstanding for Willow Park Fire Department equipment and for the Willow Park Safety Building, which also houses the Willow Park Police Department and the Willow Park Municipal Court. 

  •  12 July 2022 Council Meeting > Preliminary Budget >Debt (All Funds) > Fire Department Debts spreadsheet by WPC, in .pdf     

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• Will ESD1 be retaining the services of all the Willow Park Fire Department personnel? If so, is there a contractual agreement to this effect? 

  • "Yes, we have indicated our desire to do so since my original correspondence with the city manager after receiving the petition.  We also shared this at the city counsel meeting and the public hearing.  This will be most appropriately structured through an interlocal agreement that will be executed if the election passes." ESD1 Chief Watson, email 30 September 2022

    • Texas Statutes > Government Code > Title 7. Intergovernmental Relation > Chapter 791. Interlocal Cooperation Contracts > Subchapter A. General Provisions  

    • Handbook For Interlocal Contracting In Texas    

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• What will ESD1 be paying the City of Willow Park for the fire department equipment that the Willow Park Fire Department now owns? 

  • "Appraisals of the fleet and associated equipment have been ordered from brokers in the fire equipment market.  This is a niche market so it has taken some time to get this done.  While we have subject knowledge of where we think this will land, we are awaiting the report to determine the down to the dollar amount.  This would also be structured in the interlocal agreement that transfers firefighters, equipment, etc, with ESD 1 paying fair market value for the equipment as appropriate." ESD1 Chief Watson, email 30 September 2022

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• Will ESD1 be assuming the outstanding debt on the Willow Park Fire Department equipment that the Willow Park Fire Department now owns? 

  • "ESD 1 will either directly assume the associated debt, or through the interlocal agreement outright purchase the equipment at market value thereby allowing the city to retire the associated debt." ESD1 Chief Watson, email 30 September 2022

  • ​

• Will ESD1 be buying the Willow Park Safety Building and leasing a portion back to Willow Park for the Willow Park Police Department and Willow Park Municipal Court or will ESD1 be leasing a portion of the Willow Park Safety Building that is not occupied by the Willow Park Fire Department? 

  • "The plan is to lease the fire station portion of the public safety building from the city of Willow Park for at least the first two or three years.  This will keep the same firefighters and equipment responding out of the current station for the foreseeable future, while creating a financial return for the city to assist in servicing the debt on the PSB [Public Safety Building].  Speaking long term, we will either remain in the PSB, or if the city hall ever moves and/or the police department grows and needs more space, negotiate purchase of the city hall property for the purpose of constructing a new fire station that is larger and can accommodate additional resources as the community grows." ESD1 Chief Watson, email 30 September 2022

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Safety Questions - In progress

• May we have a copy of the current, Willow Park Fire Department Mutual Aid Agreement?

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What is a Mutual Aid Agreement between fire departments?

• Automatic Aid Agreements are response plans that have been built and agreed upon between agencies prior to an incident. The plan is uploaded to the County’s Computer Aided Dispatch System (CAD). When a call is received by Parker County Fire Alarm it is given a call type. The call type is matched with the response plan for its geographic location and the appropriate resources are sent. Automatic Aid allows districts solve common issues like staffing and access issues that are encountered on a regular basis. Automatic Aid Agreements are generally formed with a mission in mind. Mutual Aid Agreements are agreements that are formed to be broader and less specific. The agreement essentially states, “I will help you if you help me.” A few terms may be included as to how long and how often resources can be utilized. The Willow Park Fire Department utilizes both styles of agreements with agencies within the county.  Mutual Aid Agreements are agreements that are formed to be broader and less specific. The agreement essentially states, “I will help you if you help me.” A few terms may be included as to how long and how often resources can be utilized.  The Willow Park Fire Department utilizes both styles of agreements with agencies within the county. Willow Park Public Information Form, 12 September 2022 and 16 September 2022 City Reply .pdf

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• How many mutual aid and automatic aid calls are made by the Willow Park Fire Department?

  • The ​attached .pdf spreadsheet "Willow Park Fire Department Activity by Calls" indicates the Willow Park Fire Department consistently provides more automatic/mutual aid than it receives. 

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• Additional Mutual Aid Information.

  • Texas Intrastate Fire Mutual Aid System History, Activation, What’s Ahead, And Fire Outlook, Texas A&M Forest Service 

  • Planning Automatic Aid Agreements, Firefighter Nation 

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General. Questions

• Is there an example of a city in Parker County with its own fire department, who's citizens voted to let an ESD annex the city’s fire department?

  • “In May of 2013 the City of Aledo and surrounding area voted to be annexed into the ESD 1, the city funded the fire department for that fiscal year then the ESD took over operations.” ESD1 Fire Chief Watson, 09 September, 2022

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