The Bastrop County Times (Smithville, Tex.), Vol. 85, No. 41, Ed. 1 Thursday, October 7, 1976 Page: 1 of 14
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T
] icrof?.ln Center, Inc.
P. 0. Box 45^36
Dallas, Texas 75235
^astrnp
SERVING. SMITHVILLE. PA STROP: ELGIN and ALL PA STROP COUNTY
VOL. 85 NO. 41
Paige ISD Annexation
THURSDAY, OCTOBER 7,1976
Wrangling Continues
THE COUNTY -- During
the month of September,
sparring continued between
the parties to the suit
brought by the Paige ISD
trustees to force Bastrop
County Judge Jack Griesen-
basck to call a consolidation
election in the Paige ISD.
Austin attorney J.C.
Hinsley, representing the
County School Trustees of
Bastrop County, Judge
Griesenbeck, and the BISD,
prepared to file an appeal
in the suit tried during June,
1976.
Meanwhile, the County
School Trustees of Bastrop
County took steps to ensure
that the procedure followed
an annexing the Paige ISD to
the BISD complied with that
mandated by the Texas
Education Agency (TEA).
Friday, October 1, Hin-
sley filed a request for ad-
ditional findings of fact and
conclusions of law from trial
Judge Wilmer B. Hunt of
Austin.
Hunt heard the case after
^District Court Judge Jack
Placket disqualified him-
self, and had filed his find-
ings and conslusions Sep-
tember 30. Hinsley attached
to his request a number of
findings and conslusions
which he maintained should
be added to Hunt's.
The conclusions of law
outlined by Hinsley de-
lineate several areas of con-
tention which will be con-
sidered in the appeal to be
heard in the Court of Civil
Appeals in Austin.
Hinsley' s conclusion
maintain that the Giddings
ISD and the Paige ISD are
not proper parties to the suit,
and that the attorneys for
the plaintiffs - Michael
Simmang and Allan I. Sch-
neider -- were never properly
authorized by the GISD or
the PISD to prosecute the
suit.
Hinsley also concludes
that the County School
Board had acquired "prior
exclusive jurisdiction"
over the annexation of the
Paige ISD at its meeting held
May 4, 1976, when the an-
nexation was discussed.
As a result, judge Griesen-
beck had no jurisdiction to
call the consolidation elec-
tion requested by petition
on May 19, 1976.
Bringing up a new con-
sideration in the case, Hin-
sley points out that no appeal
of the annexation was filed.
Hinsley maintains that the
annexation became final
Board approved the order
since no appeal was made,
and "thereafter such order
was not subject to attack as
being void or voidable."
In action related to the
case, the County School
Trustees held a special meet-
ing September 14. In the
meeting, the County Board
approved W.B. Townsend's
motion to annex the Paige
ISD to the Bastrop ISD.
The County Board' s
action came as a result of
a letter dated July 6, 1976,
from Gilbert Conoley, Dir-
ector of Special Programs
Technical Assistance for the
TEA. Conoley's letter
pointed out to the county
trustees the requirement
that the County Board
'...report its intention to
change boundaries to the
Commissioner of Education
for the State of Texas at
least 15 days prior to the
effect date of such action.
The TEA "must require
that the procedure be fol-
lowed exactly," according to
Conoley, who concluded,
"Any action taken by the
County Board that does not
follow the mandated actions
...must be set aside.
As a result of Conoley's
letter, the County Board
called a meeting July 23,
according to County Super-
intendent John H. Wieting.
During the meeting the trus-
tees passed Johnny Barton' s
motion authorizing Wieting
to notify the Commissioner
of Education of the intended
annexation of the Paige ISD
to the BISD.
The County Board's
September 14 meeting com-
pleted the process of com-
plying with the required
procedure. At that time thte
board moved to annex the
Paige ISD to the Bastrop
ISD and to notify the Com-
missioner of Education that
the annexation had taken
place.
Where all the legal man-
euvering will leave the Paige
ISD remains to be seen.
However, reliable estimates
indicate that a ruling on the
annexation from the Court
of Civil Appeals is not likely
before the start of the
' 77-' 78 school year.
Board Rights Tax Rolls
PAIGE - Barely tallying
a quorum at their regular
meeting Monday, the trus-
tees of the Paige ISD took
no action other than the
routine paying of the bills
and approval of the minutes.
However, the board did
hear President Willie Schin-
dler report the addition to
thp district's
four property owners
brought up at an earlier
meeting by trustee Alan
T!! Y r^!!C . .7 ■■■■ .■■■II
district's agreement with
Union Oil Co. of California
had not as yet been sent from
the Texas Education Agnecy
(TEA) in Austin. State law
provides all monies realized
from such leases must go
into the sinking fund of a
district to be spent for debt
reduction. Baca recom-
mended that when ine dis-
trict had the approved lease
in hand, the trustees should
designate the entire $1.30
Marberger as missing from iper $100 valuation assessed
the list.
Added to the PISD. t«JL.
rolls were the newly-con-
structed homes of Louis
Vogel (valued at $5,000)
and the Bakers' "ranch
house" (valued at $1,000).
Board member Cornell Kun-
kel's new home, missing
from the tax rolls for at
least one year, was valued at
$4,000. The A.P. Schindler's
house, barn, and cattle
were also added at $1,000,
$400, and $1,500 respec-
tively. The Schindlers are
the parents of Board Presi-
dent Willie Schindler.
Schindler noted that the
newly-added structures were
either new construction
or had been left off the 1975
roll through an oversight -
"Nobody told them to take
it off." Board members
Erwin Ewaldt, Ewaldt
Knoblach, and James
McPhaul, the only ones
present, indicated their
approval of these additions
to the tax rolls.
The board also heard
Principal William Baca re-
to the general fund. In pre-
vious. years, $.05 of the
assessment has been desig-
nated for debt reduction, but
with the incomc from the oil
lease it will be unnecessary | OFF TO SCHOOL? These youngsters look far to jolly
to set aside that amount. to be headed for the classroom. Actually they're off to
Baca reported that state see. for many of them, their very first circus, courtesy of
funding of the district had
been reduced by $4,800
for the '76-'77 school year.
Similar increases in the local
share of school funding have
affected districts throughout
the state.
The next regular meeting
of the Paige ISD board of
trustees will be held Mon-
day, November L._
the Smithville Shriners. For more photos and story, see
Sec. 2. page 1. Times Photo
Managing Edit
Af
VI
I j1, I n On
ril&d JUU
Leaders Chosen
five days after the County port that approval of the
AUSTIN - Jimmy Carter
campaign leadership posts
in Bastrop County were an-
nounced Friday through the
Democratic nominee' s
State headquarters.
Albert Crawford, Judge
Jack Griesenbeck, and Law-
son Rivers were named to
co-chair the Carter presiden-
tial effort, according to
Chuck Parrish, Texas Car-
ter Coordinator.
"These democrats are now
linked up to a statewide
effort that will end a winning
landslide vote for Jimmy
Carter." Parrish said.
Bob Armstrong, State
Land Commissioner, and
Calvin Guest. Texas Demo-
cratic Party Chairman, co-
chair the Carter/Mondale
campaign at the state level.
L'rawtord is the tormer
mayor of Smithville. Grie-
senbeck is Bastrop? County
Judge. Rivers, Democra-
tic County Chairman, is
a cotton merchant from
Elgin.
Parrish added that Carter
campaign leadership at
county levels through the
state has developed into the
strongest and largest of any
recent presidential cam-
paign.
, SMITHVILLE - On Thur-
sday September 30 Bastrop
County Times Managing
Editor Paul Prentiss filed a
* eemplairif against Smithville
Hospital Authority President
Max Jones.
The complaint, Filed with
the Bastrop County at-
torney's office, alleges that
Jones violated the Texas
Open Meetings Law (Ar-
ticle 6252 - 17, Vernon's
Texas Civil Statures) when
he closed the Authority's
Sept. 29 meeting to the
public.
The Authority went behind
closed doors, according to
Jones, to discuss insurance,
financial conditions, and re-
vamping of departments.
The Texas Open Meetings
Law does not allow a closed
session for any of the reasons
listed bv Jones.
During May thr TIMES-
sent Jones a letter pointing
out three violations of the
Open Meetings Law sub-
stantiated by the Authority's
own minutes. Concurrently.
the TIMES sent a copy of
the Open Meetings Law to
each of the board members.
"We played out all of
our options," said Prentiss.
"We had no choice but to
place the matter in the hands
of the court."
The TIMES entered into
a similar proceeding in
Nov. 1974, when the news-
paper sought a Texas At-
torney General's opinion on torney General office de-
an allegedly illegal closed clined to rule on the grounds
door session by the Bastrop that the case belonged in
ISD. In that case the At- court.
Flu Vaccine Readied
SMITHVILLE -- Three
Smithville physicians,
realizing the need for im-
munization against swine
flu, received a shipment of
vaccine Tuesday, October 4.
The Health department
notified physicians in June
that if a supply of the vaccine
was wanted, a form would
have to be filled out and re-
turned. Doctors were con-
tacted yesterday that their
shipment had come in. The
only problem is that "ap-
proximately 1/10 of the vac-
cine resquested was sent to
us," stated Dr. Dareld
Morris.
There are actually two
types of vaccines - mono
valent, and bivalent. Pat-
ients generally receive one
or the other of the serums.
Monovalent is the type A,
New Jersey virus of the 1976
variety. This is the true
-• V •
5*5.4-
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"f: ^jly
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Postmaster Contends
1 i • T 7" • 1 J disease, lung
Regulations Vlolated srs
swine vaccination. Bivalent
is the Victoria strain, of
Victoria Australia I976.
People born around 1930
are "probably" immune.
A minor outbreak of a similar
type of flu at that time pro-
bably assures their im-
munity. A physician should
be consulted however.
Young adults twenty-
five and under might have to ELGIN CHIEF Oscar Dungan has resigned his position
have two separate injections with the Elgin Police Force to join the Williamson County
even though one dose is Sheriff's Office. Times Photo
customary, according to
Morris.
Morris listed as high risk
people those with heart
disease, lung disease, and
Chief Resigns
■*4-M
• Of*
><&*.
MORE EARTH MOVING -- Work has begun recently on the installation of site utilities at
the Federal Youth Center by Brazos Valley Utilities. Inc. The site utilities will consist of
independent testing laboratory, trenching and backfill, sanitary sewer and water distri-
bution systems, and cast-in-place concrete. The work is scheduled to be completed in
January, 1977. Times Photo
OCTOBER 10-16
FREEDOM of the PRESS-a MANDATE from HISTORY
SMITHVILLt -- Smith-
ville Postmaster R.W.
"Dude" alleged Monday
that the TIMES was in vio-
lation of Chapter 1, Sections
123. 421-4 of the U.S.
Postal Regulations.
According to the regu-
lations pointed out by Allen,
a newspaper may not
advertise or promote a news
release or a lottery or a list of
the prizes tor a louery.
The regulations defines
lottery as "Any scheme or
promotion, whether or not
lawful under the laws of
any state, which, upon pay-
ment of consideration,
offers a prize dependent in
whole or in part upon lot
or chance, is a lottery."
As interpeted by legal
sources this definition
includes such schemes as
raffles, bingo, and door
prizes.
As irony would have it,
the article (BCT, pg. 8,
Sept. 30) that brought about
the allegations against the
TIMES was submitted by a
postal employee who was
reporting on the upcoming
raffle to be conducted by
the Smithville Quarterback
Club.
Allen told the TIMES that
the alleged voilation was
brought to his attention by
another postal official, but
declined to release the of-
ficial's name.
With the bringing to light
of these postal regulations,
the TIMES regretfully in-
forms its readers that it
will no longer be possible
for the newspaper to inform
the public of any lottery
as defined by the postal
regulations.
percentage will
not be able to receive the
vaccine:
ELGIN Police Chief
Oscar Dungan submitted his
iwnnii. «,<* , aii.. resignation from the Elgin
gies to poultry products! UK
they want the injection, and * ? ^,s'.!on as deputy
persons who have received !!? W*jjLl<imson County
another type of vaccination £r s0ffice-
in the last 14 days. Dungan assumed the po-
Dr. Morris Lid that he * 2"* J" S?'
expects the swine flu to L .. a?er ? entire Elgin
hit Smithville from October
the last of April or first of T? Uj1tJ "
May signed as deputy with the
Dr. Dareld Mocri,. Dr. "j0"*' S^S"'
Jerry Morris, end Dr. ,,M constable.
Arthur Mom are the phy- P'ea°ct t tle hW ^umed
JJ- ta town who fave -.S2£t£
Private physicians are
charging for office calls
only; the vaccine is free.
If you're not sure about
what kind of vaccine to get,
please call your personal
physician.
on several previoys oc-
casions.
The McDkde native, now
56 years old, has spent more
than 15 yean hi law en-
forcement, "ever since
Jimmy fNuttl was elected
■herrn." Prior to entering
the law enforcement field,
Dungan worked at farming
and ranching, and before
that with a seismographic
firm in New Mexico.
He and his wife will be
moving out of Elgin. They
hope to be able to relocate
in the Taylor area, according
to Dungan.
In discussing his resig-
nation, Dungan spoke of the
constant strain of being on
duty all day, every day. The
job in Williamson County
offers a five-day work
week at a higher rate of pay
than the police chief po-
sition.
The Elgin City Council
has not as yet begun its
search for an officer to take
the post of police chief.
A story on other matters
considered , at the Elgin
City Council meeting will
follow ia mM 1
of the TIMES.
V
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Prentiss, Paul M. The Bastrop County Times (Smithville, Tex.), Vol. 85, No. 41, Ed. 1 Thursday, October 7, 1976, newspaper, October 7, 1976; Smithville, Texas. (https://texashistory.unt.edu/ark:/67531/metapth390877/m1/1/?q=%22Places+-+United+States+-+Texas+-+Bastrop+County+-+Smithville%22: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Bastrop Public Library.