Polk County Enterprise (Livingston, Tex.), Vol. 108, No. 83, Ed. 1 Thursday, October 18, 1990 Page: 1 of 28
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9(9rAVAMBLECOPY
Coming Sunday:
Voter's Guide
1 1 1
HI
Polk (
Southwest Micropublishing
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El Paso Tv 79903
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ENTERPRISE
THURSDAY
Oct. 18,1990
Volume 108 Number 83
The Dominant News and Advertising Source in Polk County
UPSP 437-340 Price: *5 cents
Voters to decide Nov. 6
Amendment opinion mixed
LIVINGSTON - In addition to the
long list of candidates, voters in the
Nov. 6 general election will have an
added choice to make - a proposed
constitutional amendment.
On the ballot. Proposition No. 1
will be worded as follows: The con-
stitutional amendment to clarify the
authority of the senate to consider
certain nominees to state and
district offices and to provide for fill-
ing vacancies in those offices.
Those representing Polk County in
the legislature have different opi-
nions on what the proposed amend-
ment really means.
“I don’t really care one way or
another,” Sen. Bill Haley said.
“What it's going to do is put into the
Constitution the instructions the
Senate has used for 124 years vir-
tually.
“We’ve been doing it that way,”
Haley said.
“If you are appointed during the
regular session of the legislature,
you must be confirmed before that
session is over and if you’re ap-
pointed during a special session, you
must be confirmed during the next
regular session,” he said.
“I don’t have a strong feeling
about it one way or the other, but I
do have mixed emotions about it,”
Rep. Allen Hightower said. “I think
tenth day of the first regular or
special session following the ap-
pointment.
If the senate fails to confirm the
appointment during that session, the
nominee is rejected. (In (he past,
recess appointments have been per-
mitted to serve until confirmed or
rejected by the senate, even if
several sessions intervene without
senate action.)
In May of 1990, the attorney
general affirmed the opinion, but
stated that it would apply only on
and after May 1,1990 - the day of its
public release.
The proposed amendment would
largely reinstate the traditional ap-
pointment and confirmation prac-
tice. Under the proposed amend-
ment :
•A recess appointment is con-
sidered to be nominated after the
first 10 days of the next legislative
session unless the governor submits
a nomination for the appointment in
the first 10 days of the session. Until
the appointment is confirmed or re-
jected by the senate (or until the
governor appoints someone else),
the appointee is automatically
nominated after the first 10 days of
each subsequent legislative session.
•The senate may, but does not
have to, act on the nomination.
•The governor would be barred
from reappointing an appointee re-
jected by the senate to the same
board or commission during the
term for which the appointee was re-
jected.
•The actions and decisions of per-
sons appointed before Jan. 1, 1991,
and not confirmed by the senate in
the session immediately following
their nomination, would be
validated.
In its arguments for, the League of
Women Voters of Texas states:
•The proposed amendment would
clarify duties of the governor and
the senate which have been subject
to conflicting interpretations.
•The attorney general’s opinion
requires the senate to consider all
recess appointments in the next
regular or special session. In a short
special session with a number of ap-
pointments, the senate might not
have time for informed judgment.
The proposed amendment would
give the senate the option of deferr-
ing judgment.
•It could be argued that current
law allows the governor to reappoint
a rejected nominee to a subsequent
vacancy in the same board or com-
mission. The proposed amendment
See ARGUMENTS pg. 2A
iSpr?
If
ENTERPRISE PHOTO BY STEPHEN HENGST
it’s very different from what we’re »If the senate does not act on a
doing now. recess appointment during a special
“Unless a special session is called, session, the appointee may continue
the governor could appoint whoever to serve unless the governor ap-
he wants and that person could vote points someone else or the appointee
NEW WAREHOUSE - A worker refers to the contracted for $135,900 with Kar-Lin Builders
building plans as construction on a new City of Lufkin, will house the city’s electrical
of Livingston electric warehouse proceeds, crew , equipment and office space. Projected
When completed, the Marsh Street project, completion date is mid-January, 1991.
Onalaska finances present challenge
on crucial decisions for up to 18 mon-
ths without senate confirmation,”
Hightower said.
“If you have a governor who is
prone to make his appointments bas-
ed on the good of the state, then
you're safe,” Hightower said, ad-
ding that if a governor is prone to
make political appointments other-
wise, “there is a clear and present
danger.”
The league of Women Voters of
Texas gives the following explana-
tion of the proposition:
In April of 1990, the attorney-
general issued an opinion inter-
preting Article IV, Section 12 of the
Texas Constitution, which deals with
senatorial confirmation of guber-
natorial appointees.
The opinion held that appoint-
ments made while the senate is in
recess are automatically considered
to be nominated to the senate for
confirmation or rejection after the
is rejected in a later senate session.
•If the senate does not act on an
appointment in a regular session,
the appointee is considered to be re-
jected when the session ends.
ON AI ASK A - “I think you have a
serious challenge here,” James A.
Anderson, city auditor, told the
Onalaska City Council at its regular
meeting Tuesday. “It’s worse than
Victim recovering
GOODRICH - A 45-year-old
Goodrich man remained hospitaliz-
ed Wednesday, recovering from in-
juries sustained in a one-vehicle ac-
cident Friday night on U.S. 59, 4.7
miles south of Uvingston.
Richard Jeryl Jones was reported
to be in good condition Wednesday in
John Sealy Hospital in Galveston,
with third degree burns over 5 per-
cent of his body, according to a
hospital spokesman.
Jones was driving his 1984 Dodge
Ramcharger southbound when, ac-
cording to a witness, the vehicle
veered off the road, into the median,
and struck a crossover, the accident
report filed by Texas Highway
Patrol Trooper Paul Hearne in-
dicates. The vehicle rolled over
twice, landed upright, and caught
fire, burning the driver, the trooper
said.
The accident occurred at 8:32 p.m.
Jones was taken by ambulance to
Polk County Memorial Hospital and
later transferred by Life Flight to
the Galveston Hospital. He has been
charged with having no driver’s
license.
I’ve ever seen in my association with
the city.”
Anderson attended the meeting to
review the city’s 1989-90 audit and
financial statements.
Although the city’s revenues are
picking up somewhat, its expenses
are increasing at an even faster
rate. • *, ,, '
The financial reports show some
increase in revenues of the City of
Onalaska,” Anderson said, adding
that general fund revenues increas-
ed .85 percent, from $160,721 to
$162,093. Sales tax revenues dropped
.25 percent, from $116,280 to $115,986.
According to Anderson, expen-
ditures for the general fund increas-
ed 2.08 percent, from $169,636 to
$173,163. Traffic and other fines for
the police department decreased
48.6 percent, from $9,285 to $4,775.
Anderson said revenues for the
volunteer fire department increased
26.3 percent, from $59,250 to $74,861
and expenditures increased 25.5 per-
cent, from $45,619 to $57,245.
Following Anderson’s presenta-
tion of the 1989-90 financial
statements and audit report, council
approved the documents.
“If it gets down to the nitty gritty,
we will get together smartly and find
a way out of this," Mayor Robert E.
"Bob" Maddox said.
Richard Brewster, with Fontaine
& Associates, gave a progress report
on the natural gas system,
“We’re still waiting on approval
from Fanner’s Home Administra-
tion oh th?1 ^obstruction plans," he
said.
“We have verbal, but not written,
approval from the highway depart-
ment on the Brushy Creek
crossing,” Brewster said, adding
that the Railroad Commission has
not yet approved the modifications
on the Peak Shaving Unit.
“I appreciate all that you’re doing
and I hope you can appreciate our
sense of urgency," Councilmember
Tom Edwards said to Brewster.
Brewster added that once ap-
proval is gained, construction would
take approximately six months,
depending on the weather. It would
also depend on delivery time for the
Peak Shaving Unit, he said.
Mayor's report
"I want to thank all the good folks
who bailed me out of jail last week,"
"New' tax not really new
ENTERPRISE PHOTO RY STEPHEN HENGST
WINTF:R GARDEN - Stacey Peebles, like many area
residents, has been busy preparing his fall and winter garden
for planting. He is shown tending his collard greens. Peebles
says that gardening helps keep him feeling young.
UVINGSTON - In addition to
receiving property tax statements
this month, many business owners
were mailed an additional statement
for taxes due on company vehicles.
While the personal property tax on
commercial vehicles may have
come as a surprise to some, it has
been allowed by law and levied
against larger fleet owners for
years, according to Clyde Arrendell,
chief appraiser of the Polk County
Tax Appraisal District. Arrendell,
who was hired as chief appraiser
just last month so was not here for
the 1990 appraisals, was, in fact, sur-
prised himself to learn that many
businesspersons had not been pay-
ing the tax all along. Checking with
Carolyn Fears, who served as in-
terim chief appraiser, he learned
that 80-90 percent of those who were
mailed vehicle tax notices received
them for the first time this year.
The local appraisal district
receives a list of commercial
vehicles from a service, which gets
its informaUon from computerized
state vehicle registration records,
he explained. The service was ap-
parently secured for the 1990 tax
year by former Chief Appraiser Jay
Snook.
Commercial vehicles are suppos-
ed to be taxed just like other per-
sonal property, Arrendell said, and
the same timetable^ are followed.
Taxpayers are mailed rendition
forma, on which they are to render
their property for taxation, between
Jan. 1 and April 1 of each year. The
rendition period ends April 1. If a
value has not been placed on the pro-
perty, the appraisal district deter-
mines the value. The same service
which provides the list of taxable
commercial vehicles also provides
values for those vehicles, he said.
Those figures generally renfrnn to
"bluebook" value for vehicles.
In April, taxpayers receive notice
of the appraised value of the proper-
ty and are advised of their right to
protest that value before the Ap-
praisal Review Board. Also mailed
in April are notices of appraised
values of vehicles.
“Unfortunately, a lot of them
waive their rights (to appeal the
value) by not responding to the
notice of value,” Arrendell said, ad-
ding that taxpayers often take little
notice of appraised values until they
See BUSINESS pg. tA
Maddox said, referring to the
Crimestoppers’ Jail-A-Thon, in
which he was an inmate.
Maddox spoke briefly concerning
the rate controversy with Polk Coun-
ty Fresh Water Supplv District No.
2.
He mentioned a section in the utili-
ty tariff which states that the city
has a right to charge a franchise to
any utility within the city.
Councilmembers Ted Everitt and
Jeanne Ann Byrd gave a report from
the beautification committee.
“We met with the people from the
Highway Department and rode
around Onalaska and found out what
we can and can't do,” Everitt said.
“We can’t do anything within 30
feet of the outside lane,” Byrd add-
ed. "However, the highway depart-
ment did say they would plant
wildflowers and replant them each
year.”
Council approved the engagement
letters for the 1990-91. audit and
management advisory service from
James A. Anderson Jr.
Council also approved specifica-
tions for police cars. Although the ci-
ty has no money budgeted for new
police cars, the vehicles currently in
use are in dire need of replacement,
a local mechanic recently said.
The city is billed each month for
repairs performed on the
automobiles just to keep them on Ihe
road.
By approving specifications now,
there would be few er problems down
the line should the city decide to
advertise for bids in the future.
Other business included approval
of the minutes and vouchers.
Goodrich dedication
marks new beginning
GOODRICH - “What a great day
this is, for us to dedicate this
school," Dr. I.R. Bearden told the
crowd that attended the dedication
ceremony of the new elementary
school building in Goodrich Sunday.
Bearden, professor of education
and a former Texas school ad-
ministrator, gave the dedication ad-
dress during Sunday's ceremony.
Bearden said that all good stories
begin with the phrase, once upon a
time. “We have a story here with
this building and this facility.”
“Once upon a time, the ad-
ministrators dreamed about a better
school and over time, put that dream
into action,” Bearden said.
"The parents and patrons of the
school worked closer with the ad-
ministrators and the board worked
late nights making plans,” Bearden
said.
“The teachers worked together to
provide better instruction end the
staff started giving more ilmt,” he
said. “The students caine to roali. •>
they were a part of this team and in-
creased their studies and involve-
ment in school activities.
“Efforts were directed toward
building a new building and
reivi deling and moving around
other parts of the school," Bearden
continued.
“Everyone realized that Goodrich
could be better than just average,"
Bearden said, “that the students in
this school could have an education
that would allow them to compete
with other students across the na-
tion.
“This dedication time is a beginn-
ing, not an end,” he said. “The
school is designed to serve the entire
community. It’s a beginning for new
opportunities.
“Parents and patrons, school
board members, teachers and
students need to join together in the
celebration of the dedication of this
new school building and the refur-
bishment of the old building,"
Bearden said.
“We dedicate this building today
to a better education for ail people
that are concerned," Bearden con-
cluded.
“This is a beginning," Col.
Howard Daniel Jr. told the crowd. "I
rise to aSk for cheerleaders,
coaches, teachers, role models and
people who are willing to be a part,
because when you’re a part of
See ONLY pg. SA
Thankful?
Put it
in words
The Polk County Enterprise
is again sponsoring a
Thanksgiving essay contest.
Winners’ entries and other
selected entries will be
published in the Enterprise's
annual Thanksgiving edition,
scheduled for Nov. 18.
The Enterprise is offering
first, second and third prises
for the best essay's: $25, $15
and $10 respectively. The con-
test is open to anyone other
than employees of the Polk
County Enterprise.
Entries should be in a legi-
ble form, preferably typed
(double spaced) and be at
least 300 words long but no
longer than 1,000 words.
Entries must be in the
Enterprise office by 5 p.m.
Nov. 11
The subject matter must be
preach; it can be nostalgic,
historic, humorous, a present-
day descriptions,
philosophical, etc.
)
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White, Barbara. Polk County Enterprise (Livingston, Tex.), Vol. 108, No. 83, Ed. 1 Thursday, October 18, 1990, newspaper, October 18, 1990; Livingston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth781650/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Livingston Municipal Library.