Polk County Enterprise (Livingston, Tex.), Vol. 130, No. 21, Ed. 1 Thursday, March 15, 2012 Page: 2 of 16
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Spaghetti
Supper
5^*
J Adults $7.°°
' Children *3.°°
All You Can Eat
,SUTI N'sy
Page 2A
POLK COUNTY ENTERPRISE
Thursday, March 15, 2012
FUNDS
From Page 1A
tribuled to districts like a rent
al payment
In 1995, the legislature
repealed Chapter 17,
putting the more flexible
interpretatiivn in doubt
However. Allison points
out there is a “savings "clause
in the language that repeals
Chapter 17 allowing districts
to continue to operate under
Chapter 17 for allocation
purposes as long as they let
the public know.
Allison compared the
ambiguous statutes to Major
League Baseball 's ban of
tobacco products in the
dugout.
“They grandfathered in
players that were already
addicted to chew ing tobacco,
but they didn't brand
anybody, so nobody know s
which ones arc w Inch.
Allison said
In 1498 Polk County
distnbuted a similar bonus
to the available school
fund, which demonstrates
their inierit to operate under
Section 17.83 — but Allison
said he doesn’t know if
distncts adopted a resolution
that formally documents that
decision
Allison added that
commissioners hav e to ensure
that the fund has an adequate
balance to pay property taxes
that accrue on the property
“But that doesn't mean you
can't distribute most — it not
all — of the fund." Allison
said.
County I reasurer Sola
Reneau told commissioners
the tax hill runs between
S4.000 and 55,000 a year.
Pet 4 Commissioner
Tommy Overstreet asked
Allison about the county \
liability should the
districts not use the funds
appropriately.
“You need a reasonable
assurance they are going
to spend it correctly, but
you don't hav e to superv ise
them. If the distncts prov ide
a resolution, that meets
your requirements for due
diligence. You don't have to
audit them, although their
auditors will probably audit
them “
I he path is clear it it
goes in the permanent cchixil
kind.' Allison said. "If
schools approach you about
putting m the available school
fund, ask for reasonable
assurance they are proceeding
under Chapter I “.083.“
Allison said there are
also two methods that
commissioners can get a legal
determination, rather than
simply relying on a resolution
trom each district.
ITie county can request an
Attorney General s opinion
to decide issue related
questions.
“The attorney general will not
decide fact issues and it may
take up to 180 days and it is
subject to rev ision or repeal
by a later attorney general. "
Allison said
The county can also go
to district court seeking a
declaratory judgment
“Thejudge will review the
facts and decide vv hether the
distncts are proceeding under
I”.083. and that takes about
60 to 90 day s for a decision.”
Allison said
Ov erstreet asked w hat
impact a dtstnet judge s
decision would have on
future rov allies earned under
the oil and gas lease.
“A final judgment would
resolve it once and for ail and
you wouldn't have to worry
about future AG opinions and
future bonus payments.”
District Attorney Lee Hon
asked whether the Attorney
General would have standing
to intervene in the district
court action.
Allison answered that the
parties are only required to
serv e notice of the lawsuit
on the Attorney General
when there is a constitutional
challenge. "The AG seldom
interv enes unless the action
has statewide application."
Superintendents from all
the impacted districts were
present at Tuesday’s meeting.
In response to a
question from one of the
superintendents. Allison
said the 1998 allocation
w as supported by
correspondence between
Commissioners Court and the
superintendents
"The correspondence
doesn't cite |Section 17.083).
but it does state the revenue
was placed in and distributed
from the available school
fund." Allison said. "But I
haven't reviewed the school
district records or court
minutes just prior to that
distribution. The search could
show election by the distncts
and relevant evidence
Allison said the school
distncts can drop the Section
1“ allocation method, but
once they do. they can t go
hack
Corrigan 1SD
Superintendent loin Bowman
said he believes the distncts
need more time to review the
issues
"Corrigan doesn't have
much debt The operating
budget is where we need help
due to the reduction in state
allocation."
Hon also suggested further
input on distributing out of
the permanent schixil fund
Hon questioned w hether
distributions out of the
permanent school fund could
he challenged by students 10
or 20 years in the future
“Some counties have
completely distnbuted their
permanent school fund."
Allison said. "They have sold
the land and are no longer in
this business In fact, the
majority of counties hav e ."
Judge Thompson asked
for informal input from
supenntendents on w hat
distnbution method they
would prefer
"Does anybody object to
distnbuting to the available
school fund'.’" Thompson
asked
None of the supenntendents
showed any indication of an
objection.
Hon also asked Reneau
whether the bonus money had
been invested si' that it would
continue to earn interest while
the distnbution method is
being debated
She indicated the funds
had been deposited into an
investment account.
Hon also told
commissioners that time is
not really an issue, except that
the school distncts would like
to have the money sooner
"If we get an attorney
general s opinion we are not
in any better shape than we
are now." Thompson said.
“You could rely on it."
Hon said, adding that
commissioners won t he
subject to allegations of
breach of fiduciary duty if
they relied on the attorney
general’s opinion.
"Someone else might
disagree and file suit,” Allison
said. “The attorney general
w on’t rule if litigation is
pending.”
Allison also said the parties
could go to the expense of
filing suit in district court and
the judge disagree w ith using
the available school fund.
“We can't be the only
county w ith this issue.”
Overstreet said.
“Most counties have
already sold their property ,"
Hon answered.
“We' re uncomfortable just
giving a resolution saying we
are operating under Section
17." Redden said. “If the
district court rules and it
stands 30 days, it’s binding
forever."
Allison added that the
parties will need to present
ev idence the districts are
operating under Section
17. or the judge is likely to
rule the funds should go to
the permanent school fund.
At a minimum, you need
affidavits or testimony making
the language in the section
available.
Hon cited a 2008 attorney
general opinion that held
proceeds f rom the sale are
required to be placed in the
permanent schixil fund.
Livingston ISD
Superintendent Dr. Darrell
Myers said the 1998
distribution into the available
school fund under 17.084,
while not declaratory to the
court, is indeed a precedent
of the school’s intent. The
schools are presumed to act
appropriately."
“Livingston LS.D.’s
position is we should go to
district court and present
ev idence before we get an AG
opinion that may or may not
hold up.” Myers added.
Reneau asked how the fund
w ould be distributed among
the districts.
Allison answered that the
funds should be pro-rated by
the “number of scholastics”
in each district. Previous
distributions have been made
based on the population of
school age children, not
enrollment numbers.
“1 would make (the districts)
agree on the distribution
amount. They can usually sit
down and resolve it. Even if
you use Census figures, those
are now out of date ”
Thompson asked the school •
district officials to discuss the
issue with their respective
boards and legal counsel and
be prepared to communicate
w ith the court in w riting prior
to the next meeting about
how to proceed.
hvnKPKisr moiu
I H< JMAN l I Ai 1 > /K
SPRING BLOSSOMS - Two local school girls enjoying
spring break took advantage of the changing season by
having an oriental-themed tea party beneath a blooming
Cherry Blossom tree beside the Polk County Memorial
Museum located at 514 W Mill St. in Livingston.
Commissioners OK dissolution of Big Thicket VFD
LIVINGSTON - Polk
County Commissioners ap-
proved a transfer of assets
and reallocation of rev enue
related to the dissolution of
the Big Thicket l ake Estates
Volunteer Lire Department
Iuesday
Pet 4 Commissioner
Tommy Overstreet, a long
time volunteer firefighter, told
the court he attended a recent
meeting involving the Big
Thicket. South Polk County
and North Tyler County fire
departments
“Big Thicket wants to
dissolve." Overstreet said.
“During a recent event we
couldn't contact anyone w ith
that department."
Ov erstreet added that the
fire chiefs in South Polk
County and North Ty ler
County hav e agreed to add
Big Thicket to their cov erage
area. Both departments said
they didn 't need any of the
equipment that South Polk
County has.
South Polk County Fire
Chief Richard Tullos said the
decision roughly doubles their
territory from 20 to 43 square
miles and bongs the popula-
tion up to about 2.000 people.
The county line runs
through Big Thicket Lake
Estates, so the boundaries
will follow the county line
Both departments hav e mu-
tual aid agreements w ith each
other and Livingston Fire
Department to prov ide man-
power and equipment when
needed.
South Polk County w ill
be eligible to receive county
funds on a per-cail basis that
had been originally allocated
to Big Thicket.
Commissioners also ap-
proved a road use agreement
w ith TransCanada Key stone
Pipeline LP, pending review
by the district attorney.
Get Hooked! ■ .mh-
AYS
5oigo
March 16.17 & 18
uuiaoor
Expo
March 17 & 18
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FREE Admission
FREE Parking
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Polk County
ENTERPRISE
936-327-4357
SWEATS SHOPI
Come Get Fit!
Exercise Is Importar
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141 Pan American Drive • Livingston. TX • 936-328-4643 ■
14366 US Hws 190 W • Onalaska, TX • 936-646-3353 f
St. Luke’s Episcopal Church
836 W. Jones • 327*8467 • Livingston. TX
Knights of Columbus
Fundraiser
FISH FRY
Eveiy Friday During Lent
Excluding Friday, March 23rd
Friday, March 16th • 4pm - 7pm
$9.00 Adults/ $5.00 Children
Fish, Fries, Salad, Dessert & Drink
Dine In or Take Out
I 2700 Hivy 1901
| Come Eat Good Fish...Everyone Invited!
Saint Joseph Catholic Church
In Family Center
Hwy 190 W* Livingston
Overstreet said he had been
talking w ith company repre
sentatives about the county 's
standard road use agreement
Overstreet suggested re
mov ing the 8400-pound
weight limit from the agree
ment and waiving the bond
“Milt (Purvis) and 1 have
w orked with Claylon Nichols
before and they are going
to repair any damage to
the roads." Overstreet said.
"They re going to be respon
sible for damage to the road,
regardless of the weight of the
trucks. A third party will in-
spect the roads prior to use."
Following Tuesday's meet
ing, Nichols indicated work
on the pipeline could begin as
sex'n as the end of next w eek
and is likely to bring 500 jobs
to Polk County.
Commissioners voted to re
ject an offer to purchase fore-
closed property in Cedar Point
and tabled action on further
purchase offers.
The court also tabled action
on a collective request from
the justices of the peace to
purchase i Ticket equipment
and softw are use agreements.
Pet. 1 Commissioner Bob
Willis also asked the district
attorney's office to review
w hether technology funds
may be used for that purpose.
Commissioners ratified the
purchase of 14 vehicles for
the sheriff's department and
two vehicles for the district
attorney's office totaling
$616,478 w ith a trade-in al-
lowance of 542.625 from the
general fund balance to be
included on the y ear-end is-
suance ol legally authorized
debt
J Our 5th Annual Tamale Festival will be L,
May 12 from 10am-6pm at the Old Orchard Park
in Diboll. We are seeking vendors for arts,
craffts, concession, kids activities/fundraisers,
etc. We offer a free admission event and free
train rides to the park. Destination pick up and
parking is at the Diboll Civic Center off FM 1818.
Top Tamale Sponsor: Metro PCS.
Hot Tamale: First Bank & Trust, Diboll Branch,
*-» Medium Tamale: Temple Inland. *«
Polk County Publishing Company
Serving Polk County for 107years
1001 Catom Street • Livingston • 936-327-4357 * www.eastteiasnews.com
Keep us in mind when you’re ordering your
Appointment Business & Employee Cards
Price good until 3-30-12.
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BACKED c
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Reddell, Valerie. Polk County Enterprise (Livingston, Tex.), Vol. 130, No. 21, Ed. 1 Thursday, March 15, 2012, newspaper, March 15, 2012; Livingston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth660652/m1/2/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Livingston Municipal Library.