Burleson Star (Burleson, Tex.), Vol. 16, No. 16, Ed. 1 Thursday, December 11, 1980 Page: 1 of 36
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Nobility Homes Tax Suit May Not Be Over With Yet
Nobility Homes, Inc. and the
Burleson Independent School District
will apparently have another day in
court.
A letter from Nobility to BISD Tax
Assessor-Collector Ed Carroll rejects
the revaluation completed late last
week after a jury ruled in favor of
Nobility’s contention that property
valuations were excessively high at the
mobile home production plant.
In the letter, Robert J Wilson of
Burleson, attorney for Nobility, states:
"In our opinion, said evaluation is no
more accurate than the previous ap-
praisal of $702,730 on the property in-
volved."
Following the decision by the
12-member jury in 18th District Court in
Cleburne, the tax department took
another look at the property and reduc-
ed the valuation to a total of $647,030.
According to BISD tax man Ed Car-
roll, though, the lower valuation was
not an alteration of the formula which
was also used on other similar proper-
ties. Rather, it was a more accurate
valuation based on a more intense
physical examination of the property.
I’KIMIl'AL REASONS for the
lowering of value were structural
damage to the front portion of the
building, a low grade of asphalt on a
portion of the paved parking lot and a
lower valuation assigned per square
foot for a lunchroom and maintenance
area of 3,000 square feet.
"The reassessment we came up with
is a reasonable and accurate figure, in
my opinion,” said Ed Mueller, chief ap-
praiser for the BISD. Negotiating a
substantially lower valuation with
Nobility would not be fair to other in-
dustry in the district, he added.
Mueller, who replaces Carroll Jan. 1
when Carroll becomes Johnson County
tax assessor-collector, made the on-site
inspection of Nobility last week.
Through its attorney, however,
Nobility insists the valuation of the pro-
perty lies ‘somewhere between the
$405,000 valuation set by the State and
County tax assessor and the $508,000
valuation set by Don Gilmore, our ex-
pert ”
Gilmore, who was retained by Nobili-
ty as its appraiser expert, is the recent-
ly employed appraiser for the Johnson
County Tax Appraisal District.
He told the jury last week that a
valuation increase of more than 40 per-
cent in a single year was excessive.
IN 1078, NOBILITY and other in-
dustries were revalued and the valua-
tion on Nobility increased by more than
100 percent—a necessary measure, con-
tends Carroll, to keep similar proper
ties valued by the same formula.
No change in land value was made
last week in the court-ordered revalua-
tion. The 8.96 acre plant site remains
valued at $101,112. However, the 52,000
square foot building was reduced from
$606,605 to $545,818.
Tax savings realized by the company
with the revised figures would have
amounted to just over $3,000 for the
three year period of 1978-80. This is a
combined figure for both city and
school taxes since the city was also in-
volved in the lawsuit. Through an
agreement between the BISD and the
City of Burleson, Carroll also assesses
and collects taxes for the city.
City Attorney J.L. Phinney joined two
BISD tax attorneys from Houston in
representing the tax office.
WILSON CONCLUDED with the let-
ter to Carroll by suggesting ‘‘this mat-
ter be compromised by the parties or
we shall request a court determination
of the reasonable market value of the
property under the provisions of the
Declaratory Judgement Statute since
the prior appraisals of the City and
School District have been judicially
found to be grossly excessive.’”
If this matter is not settled by Jan. 1,
1981, suit will be filed as stated.”
Carroll was out of the city attending a
tax seminar when the letter from
Wilson was received Tuesday and was
not immediately available for com-
ment.
The tax suit was originally filed by
Nobility in January of 1979 and first was
heard in court in November of that
year. That trial resulted in a hung jury
when the city and school district fell one
vote short of receiving the 10 votes
necessary for determining a civil case.
The jury last week was unanimous in
support of Nobility.
Nobility Homes— Controversary Over Value Continues
36 PAGES IN 4 SECTIONS
THURSDAY
EDITION
BURLESON^STAR
20c
For Mail Delivery
Vol. 16 No. 16
December 11, 1980
Burleson, Johnson County, Texas 76028
295-0486
il
CQnsultation Policy
Is Delayed Again
i 1
f
A Gift of History
The manuscript for the book on Burleson’s first 100 years was given to the
publisher this week and the $20 books are now on sale just in time for Christmas
giving. The books won’t be off the presses until July 1, but attractive gift cards
will be given to those who purchase the book as a present. Presenting the 1103
page manuscript is Loy Norris, chairman of the Historical Committee. Accep-
ting for Taylor Publishing Co. of Dallas is Helen Lance while historical commit-
tee members look on. star Photo.
Gift Certificates Sweeten Pot
Lighting Contest Set
Entry Form
On Page 24
There’s new sponsors and it’s a little
late in coming, but yes, there will be a
residential Christmas lighting contest
in Burleson again this year
And, thanks to some area merchants,
prizes will include gift certificates as
well as trophies this year.
For the first place home, Myer’s
Department Store will give a $50 gift
certificate; Hilley’s Pharmacy is offer-
ing a $25 gift certificate to the second
place winner; and Pizza Inn of
On The Inside
SEC TION A
News of Religion..........
.......2
Renfro Extension Bids----
.......3
Rec. ( enter Open House...
.......3
Sports.....................
People, Etc...............
.......8
Classified.................
.... 9-11
SEC TION B
Chef Of The Week.........
.......1
Huguley Report...........
.......4
Texas Place Names.......
.......7
SECTION (
BUS Debators 3rd.........
.......1
School Menus.............
.......7
Turkey Give-A-Way.......
SECTION 1)
Another Ribbon Cutting...
.......1
Crosswork Puzzle.........
.......2
Mainly For Seniors........
.......6
Burleson will give a $15 gift certificate
to the third place home.
In addition to the gift certificates,
The Star will have special plaques
made up to give to the winners. These
personalized plaques will bear a metal
engraving of the decorated home, said
Star Publisher Wayne Hutson.
The Star is coordinating the contest
this year with judging performed by
members of the Burleson Area
Chamber of Commerce Goodwill Am-
bassadors.
For the past several years, the
decorating contest was sponsored by
the Burleson Optimist Club This year,
however, that organization opted not to
sponsor the contest again.
Since a number of calls requesting in-
formation on the lighting contest had
been received here, The Star decided to
sponsor the contest as a community
service project
Deadline for entering the contest has
been set for Friday, Dec. 19. Entries
can be made on the entry form found in
this edition of The Star and either mail
ed to The Burleson STar, P.O. Box 383.
Burleson, Texas 76028, or brought to
The Star office, 319 N. Burleson Blvd
Directions for finding your home should
be given for rural homes.
Due to the shortness of the entry
period, The Star will also take
telephone entries. Nominations may be
made for either your own home or a
neighbor’s home.
Judging will be conducted on the
night of Dec. 22. The announcement of
winners will be made in the Dec 24 edi-
tion of The Star and pictures of the win-
ning entries will be in the Dec. 29 issue.
Hauck Begins Constable Duties
CLEBURNE—Constable-elect Charles
Hauck Jr. of Pet. 1, PI. 2 in Cleburne
has been asked by Johnson County
Commissioners to take over duties of
that office two weeks earlier than the
Jan. 1 inauguration.
Hauck was an unopposed candidate
for the constable office formerly held
by the late Sammy Glenn Jr. Glenn was
fatally wounded in a shooting Nov. 29
during a family dispute.
Glenn’s son-in-law, Marshall Thomp-
son, 21, a suspect in the shooting is be-
ing held on a $70,000 bond in Johnson
County jail. The case was to be
presented to the Grand Jury Wednes-
day.
Hauck, who is an automobile repair-
man, indicated to county commis-
sioners he will be free to take over the
office immediately.
r,, W’' .,
Burleson teachers still do not have
the consultation agreement they have
been working toward for the past sever-
al months, but at least there may now
be light at the end of that tunnel.
A proposed policy has been prepared
by Supt. of Schools Gordon Cockerham
and was given to school board members
at mid-week. The superintendent stop-
ped short of recommending that or any
other policy Monday night at the
monthly meeting of the board of trus-
tees, however.
Instead, he advised the board to delay
taking any action until the proposed
policy could be reviewed by Lloyd Tate
of the legal staff of the Texas Associa-
tion of School Boards in Austin.
No specific date has been set by Tate
as to just when he might be able to
review the proposed Burleson ISD poli-
cy, but the school board doesn’t have
another meeting scheduled until Jan. 12
anyway.
UNTIL THIS YEAR, Burleson had a
consultation agreement with the Burle-
son Classroom Teachers Association
but Cockerham asked the board to
revoke that particular policy shortly
after he assumed duties here during the
summer. The reason, he said, was not
because he was opposed to such an
agreement with teachers but because
the local policy no longer complied with
state guidelines set by the Texas Edu-
cation Agency.
Two particular points which were not
in compliance were the exclusive na-
ture of the policy and the binding
arbitration clause.
Cockerham said the courts had
struck down a San Antonio ISD policy
which granted consultation rights to a
single teacher organization. The pro-
posed policy is not an exclusive agree-
ment with the BCTA but would also
include—on a proportionate basis—any
other group of which Burleson teachers
were members.
No arbitration by an outside party is
included in the proposed policy because
Cockerham said that was also a viola-
tion of state law.
All ultimate decisions have to come
directly from the board, he said, since
trustees do not have the authority to
give away such a responsibility even if
they wanted to do so.
IN WRITING THE proposed policy,
Cockerham said he met with, and
received input from, both teachers and
other administrators. Then, he took the
policy with him on a trip to Austin to
personally show it to Tate.
Nadine Pope, president of BCTA,
appeared before the board to request
that some form of consultation policy
be approved but posed no strong objec-
tion to waiting for a TASB review.
In explaining the BCTA proposal to
the board, she said that she could see no
legal problems with the proposed poli-
cy.
The consensus of the board was to
wait, however Board President Byron
Black did note that Tate did say the
district’s consultation agreement
should be replaced.
“I think the sooner we get this settled,
the better,” Black said.
IN OTHER ACTION Monday night,
the board
—Heard a presentation from the high
schol language arts department.
0 —Accepted financial statements for
district operations for October and
... T,
accepted the tax office report.
—Approved an easement agreement
with Texas Electric Service Co. at Nola
Dunn Elemental^ and gave the super)
intendent authority to make future such
agreements.
—Approved a waiver of school dis-
trict policy to allow the Burleson High
School Rodeo Club to participate in the
National High School Rodeo Finals in
Oklahoma City on a Sunday. The board
also gave its approval to a Sunday
concert by the high school and middle
school bands. The concert will be this
Sunday afternoon.
—Adopted a revised policy on com-
plimentary passes to school events to
senior citizens to fit what is actually
being practiced. >v
—Adopted a position paper on educa-
tion issues to be considered by the 67th
Texas Legislature.
—HEARD A STATUS report on con-
struction projects currently underway
at the high school and at Nola Dunn and
learned from Assistant Supt; Bob Spur-
lin that papers have been signed on a 13
acre school site on the northeast corner
of Douglas and Alsbury.
—Evaluated the superintendent’s
performance, reviewed decisions the
BHS Administrative Discipline Hearing
Board, promoted two tax office em-
ployees and granted a leave of absence
to a teacher—all in a closed, executive
session.
Shooting Motive
Is Still Unclear
Officers are not certain why a
30-year-old ex-convict tried to flee and
fire shots at them Saturday night.
Neither of the two Texas Highway
Patrol troopers nor a citizen they had in
their car were injured in the shootout
shortly before midnight Saturday but
Bictorino Vasquez Diaz Jr., who had
been out of prison less than a year after
serving 10 years of a 20-year robbery
conviction, was shot four times
He is under armed guard at Johnson
County Memorial Hospital while
charges of attempted murder of a
police officer are being filed Process is
also started to consider revoking Diaz’
parole.
Diaz was shot three times in the leg
and once in the torso as officers return-
ed fire after a pursuit where speeds
reached above 100 miles per hour
POLICE HAVE BEEN unable to
determine what might have caused
Diaz to flee and engage in a gun battle
with officers but Sgt. Robert Andrews
of the THP in Cleburne speculated that
because the man had been drinking and
was in possession of a gun, he feared his
parole would be revoked.
Andrews said Troopers Billy Roe and
Paul Busby were westbound on
Highway 67 between Venus and
Alvarado and had an Alvarado resident
who had run out of gas in the back seat
of the patrol vehicle when their radar
unit detected a car speeding in the op-
posite lane.
Officers said they made a U-turn and
attempted to stop the violator but the
suspect sped up instead.
The patrolmen said the man stopped
about four miles east of Alvarado and
both officers approached the vehicle on
opposite sides.
According to Andrews, as Busby, who
was approaching on the driver’s side,
neared the car the driver jumped out
and began firing his gun.
BUSBY ATTEMPTED to take cover
behind the suspect’s vehicle and return-
ed fire, according to the THP report.
Officers said Diaz apparently left the
car in drive and it began to move with
him outside of it.
They said the suspect then ran to the
center of the road, crouched and fired
at least one more shot at Busby. At that
point, Busby and Roe both fired at the
suspect and he fell to the highway,
throwing down his weapon.
Andrews said the suspect has been
under continuous armed guard at
Johnson County Memorial. He said the
man is in the custody of the Johnson
County Sheriff’s Department but his
department might be called in to assist
with the guard duty which is expected
to last at least another week
ANDREWS SAID only Diaz was
struck by the exchange of gunfire but
that one of the shots hit the front win-
dow of the patrol car and came near the
Alvarado resident who was being taken
to get gas.
Highway patrolmen said Diaz was
originally convicted on an armed rob-
bery charge in 1970 and was released on
parole in September of this year
Boy’s Condition
Listed As Fair
After Accident
A 5-year-old Burleson boy was hurt
Monday evening when he was struck by
a car in the 100 block of NE Murphy
James Matthew Leonard, 5, son of
Mr and Mrs. James R. Leonard, 105
NE Taylor, was in fair condition
Wednesday at Huguley Hospital. •
The accident was reported to
Burleson police at 5:44 p.m. Monday.
Investigating officer Johnny Crawford
said the driver of the vehicle that struck
the boy told him he did not see the child
until he darted from behind a parked
car and into his path.
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Hutson, Wayne & Moody, James. Burleson Star (Burleson, Tex.), Vol. 16, No. 16, Ed. 1 Thursday, December 11, 1980, newspaper, December 11, 1980; Burleson, Texas. (https://texashistory.unt.edu/ark:/67531/metapth761317/m1/1/?rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Burleson Public Library.