Polk County Enterprise (Livingston, Tex.), Vol. 120, No. 13, Ed. 1 Thursday, February 14, 2002 Page: 1 of 22
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Hornets win
district title
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See Enterprise Sports
Polk County
SOUTHWEST nitHJPUbLlSHlNij INI
2627 EAST YANDELL
EL PASOTX 79903-3724
Volume 120 Number 13
The Dominant News and Advertising Source in Polk County
Thursday
Feb. 14, 2002
UPS 437-340 Price: 50 cents
For early voting
Schedule approved
VALENTINE’S DAY PREPARATIONS - Malik Glass, Dareone Dool, Allexus Caruthers and
Harley Huggins, all members of Beverly Miller’s kindergarten class at Timber Creek Elemen-
tary School, celebrated Valentine’s Day a day early Wednesday, checking their homemade
valentine boxes to find out who their potential sweethearts-are.
Election, parade permit ordered
LIVINGSTON - The early vot-
ing schedule submitted by the
county clerk for the March prima-
ries, and the counting room staff
appointments, were approved by
the Polk County Commissioners’
Court during its regular meeting
Tuesday. Early voting by personal
appearance will be conducted Feb.
25 through March 8.
Early voting in the lobby of the
Polk County Courthouse will be
available from 8 a.m. to 5 p.m.
Monday through Friday from Feb.
25 through March l and from 7
a.m. to 7 p.m. Monday through
Friday from March 4 through
March 8.
Additionally, early voting will
be available on one Saturday, from
7 a.m. to 7 p.m. on March 2 and on
one Sunday, from 12:30 p.m. to
5:30 p.m. on March 3.
Early voting at the sub-
courthouses in Corrigan and Ona-
laska will be available from 8 a.m.
to 12 p.m. and from 1 p.m. to 5
p.m. on Monday through Friday
from Feb. 25 through March 1 and
from 8 a.m. to 5 p.m. Monday
through Friday from March 4
through March 8.
One item on Tuesday’s agenda
that had drawn some community
interest - a resolution relating to
the county’s option for exemption
of ad valorem taxation on certain
travel trailers as authorized by the
property tax code - was deleted
from the agenda, as the information
coming out of Austin regarding the
matter is not yet complete.
Two other items on Tuesday’s
agenda were also deleted and will
be put back on the agenda for fu-
ture meetings: action regarding
extra-territorial jurisdiction interlo-
cal agreements with the cities in
Polk County and action regarding
the indigent healthcare program
services and contracts.
The purchase of a $42,400 bal-
lot counter, to be paid for with the
By EMILY BANKS
News Editor
LIVINGSTON - The Tigua In-
dian Tribe of El Paso closed down
its Speaking Rock Casino Monday
after the U.S. Supreme Court re-
fused to grant a stay that would
have allowed the tribe to continue
operating the casino while its case
continued winding its way through
the appeals process.
Justice Anthony M. Kennedy
handed down the refusal without
explanation.
Last week, the Fifth U.S. Cir-
cuit Court of Appeals in New Or-
leans declined to grant a stay. A
three-judge panel of the appeals
court had earlier affirmed a lower
court ruling that the casino violates
state law and must close.
State Attorney General John
Comyn filed a lawsuit to close the
casino in 1999, six years after it
opened. His office has maintained
that state law prohibits casino-style
gambling and that the Indians are
subject to that law because of the
Restoration Act of 1987, an agree-
ment restoring their trust relation-
ship with the federal government.
. The tribe has maintained all
along that it is a sovereign nation
and not subject to specific state
criminal laws.
Since its inception, the Speak-
ing Rock Casino has evolved into a
$60-million-a-year enterprise that
employed approximately 800 peo-
ple and pumped as much as $55
million into die El Paso economy.
The state comptroller’s office said
earlier this year that closing the
casino would be an economic dis-
aster for the city, costing as many
as 2,200 jobs.
The news was not welcomed by
,the Alabama-Coushatta Tribe, as it
does not want its newly-opened
county clerk’s records management
funds, was approved. Don Blakely
with Election Systems & Software,
was on hand to tell about the new
counter. He said the ballot counter
being purchased by the county is a
brand new updated optical scanner
in which a number of internal im-
provements have been made, in-
cluding an internal pulley mecha-
nism that has been completely re-
engineered. Whereas the county’s
existing ballot counter counts 110
ballots per minute, Blakely said the
new counter will count 350 ballots
per minute.
Commissioners approved sub-
mitting a request for proposals for a
county employee salary survey.
The county went through the proc-
ess in 1991, at which time salary
surveys were conducted and all
policies and procedures were re-
viewed. Although the county
evaluated the local market again in
1995, it has not been updated since
then.
Also approved was a request
from the sheriffs department to
expend up to $10,000 of drug sei-
zure funds for the purchase and
placement of a 24’ by 30’ mainte-
nance building near the animal
shelter at the law enforcement cen-
ter.
Commissioners approved an
order declaring the Precinct I of-
fice trailer surplus property and
then approved advertising for bids
for the sale of the trailer.
As per statute, commissioners
approved the appointment of Mar-
tha Wright and Robert Flanders to
the salary grievance committee.
Frances Battise was appointed to
serve as alternate.
An interlocal agreement be-
tween the county and the City of
Corrigan for the county’s provision
of certain animal shelter services
was approved.
Conynissioners also approved a
See ENHANCED pg. 2A
entertainment center to meet a
similar fate.
“Earlier today, I learned with
great sadness that our brothers, the
Tiguas of El Paso, will have to
close their Speaking Rock Casino.
With such a closure, their pursuit of
the American dream will be se-
verely impacted,’’ Alabama-
Coushatta Tribal Council Chairman
Kevin P. Battise said Tuesday.
“Over 700 employees will now
ONALASKA - The.Onalaska
City Council ordered the May 4
city election during its regular
meeting Tuesday. Thre9 positions
will be on the ballot - the mayor’s
position, currently held by Jeanne
Ann Byrd, and two full-term coun-
cil positions, currently held by
Floyd Schoonover and Claude
Miller.
Council approved the issuance
of a parade permit for the 18th an-
nual Easter parade. In conjunction
with the March 23 parade and
Easter activities, council also ap-
proved closing Old Trinity Road
from FM 356 to Jerry’s Street from
look for jobs that do not exist and
file unemployment claims from a
Texas unemployment fund that
needs a U.S. Labor Department
bailout in order to continue paying
unemployment benefits.
“This was the sought-for result
by the attorney for the Texas lot-
tery, John Cornyn. His record of
proven performance has proved to
be nothing more than a taxpayer-
funded political persecution of
8 a.m. to 1 p.m. and from FM 356
to Magnolia Drive from 8 a.m. to 6
p.m.
Also approved was a variance
for Zachary Stearns.
Although council entered into
an executive session to discuss per-
sonnel and pending litigation, no
action was taken upon return to
open session.
During her report, Mayor
Jeanne Ann Byrd reviewed recent
activities. She also informed coun-
cil that she’d recently been a guest
speaker for the Livingston Optimist
Club and that they are talking about
forming an Optimist Club in Ona-
those least able to defend them-
selves,” Battise said. “He has, in
fact, taken the food from their
mouths and the clothes from their
backs.
“The attorney for the Texas lot-
tery has brought the full weight of
the State of Texas against a people
who the president’s U.S. Advisory
Board on Race stated, and I quote,
On virtually every indicator of
social and economic progress, the
laska.
Reporting for the police de-
partment, Chief Quentin Purvis
said the department drove 5,069
miles during the month of January,
responded to a total of 311 calls,
filed 15 cases and cleared nine,
made 156 traffic stops and made 12
misdemeanor arrests and six felony
arrests.
Reporting for the fire depart-
ment, Connie Hatfield said the de-
partment responded to 37 calls dur-
ing the month of January, including
19 EMS calls, three structure fires,
one vehicle fire, one grass fire, one
See ONALASKA pg. 8A
Native American people of this
nation continue to suffer dispropor-
tionately in relation to any other
group...they have the lowest in-
comes... the highest unemploy-
ment... the lowest- percentage of
people who receive a college de-
gree... the highest percentage of
people living below the poverty
level...and the highest suicide
rate.’
See TRIBE pg. 2A
DALLARDSVILLE - Citing
travel, the Board of Trustees of the
Big Sandy Independent School
District approved petitioning the
UIL for an appeal regarding the
newly-released athletic realignment
during its regular meeting Monday.
Due to travel distance, the
board wants to go back to District
25-A, rather than District 24-A.
Superintendent Darrell Myers is
traveling to Austin Feb. 20 for oral
arguments.
The board called the May 4
school trustee election and ap-
pointed Maudine Robran to serve
as election judge and Olivia Abbey
to serve as early voting clerk. Posi-
tions 5 and 6, currently held by
Jennie Battise and Billy Duff, re-
spectively, will be on the ballot.
A $75 increase in the gym
rental fee was approved by the
board, taking it from $225 to $300.
The board scheduled a work-
shop for April 1 at which time a
representative from the Texas As-
sociation of School Boards (TASB)
will assist with board procedures
and activities.
Additionally, the board was re-
Election
called
LIVINGSTON - A city officers'
election was officially called for
May 4 during Tuesday’s regular
meeting of the Livingston City
Council.
City voters will cast ballots for
mayor and two council positions,
those currently held by Mayor Ben
Royden Ogletree and Councilmcn
Gene Bush and Scott Simpson
Filing for candidacy in the election
starts Monday and continues
through March 20.
A franchise agreement with Reli-
ant Energy Entex also gained coun-
cil approval. Action on the Iran
chise was tabled last month to en-
able the city manager to see if the
terms of the franchise - which ex-
tends for 15 years and calls for En-
tex to pay the city a 3 percent fran-
chise fee - are in line with similar
agreements approved in other cit-
ies. Determining that Livingston's
franchise is within the norm, the
council agreed to retain the same
terms.
Addressing the length of the con-
tract term, Fred Carl, Reliant En-
ergy Entex district manager in Ty-
ler, said his company prefers to
have franchise contracts with dura-
tions of at least 15 years because of
its investment in installation and
maintenance of the infrastructure
of pipes that deliver natural gas to
the area. “Pipes are not something
that deteriorate quickly,” he said.
“We want something to reflect the
long life of our investment.”
The 3 percent franchise fee was
also determined to be within the
normal limits charged. While 2
percent is the state threshold, 77
percent of Reliant’s franchise
agreements call for fees of less than
3 percent, Carl said.
The 15-year, 3 percent franchise
terms will also be used in negotiat-
ing an agreement with Pure Utili-
ties, which also holds a natural gas
franchise with the city.
The city may be negotiating an-
other type of utility agreement with
Tempe Water Supply. Water com-
pany officials have proposed creat-
ing a stand-by water source by
connecting to the city’s water sys-
tem at its newly-installed line on
U.S. 190 West near St. Joseph’s
Catholic Church. Engineer Terry
Brannon said some type of “air
gap” or storage device would have
to separate the two water systems,
that the city could not pump water
directly into Tempe’s lines.
City Manager Sam Gordon sug-
gested a two-pronged proposal be
pursued — one which would focus
on the city being a back-up water
source for Tempe Water Supply
See CITY pg. 2A
minded of the TASB grassroots
meeting slated for 6:30-9:30 p.m.
Feb. 21 at the Region VI Education
Service Center.
Although no action was taken, a
representative from Superior Light-
ing Company made a presentation
to the board regarding retro-fit
lighting for the gym.
Following an executive session,
the board approved extending the
See TAX pg. 8A
Holiday observed
Banks, post offices and all
county government offices, in-
cluding those in the Polk County
Courthouse and sub-courthouses,
will be closed Monday in obser-
vance of President's Day.
City of Livingston offices will
remain open and there will be
curbside garbage collection for
city residents.
The Polk County Enterprise
office will also be open on Mon-
day.
_____■ _ ENTERPRISE rHOTO BY GORDON UUARRON
SQUIRREL STARTS FIRE - A Livingston firefighter mans the hose to extinguish this grass
fire Tuesday off Hwy. 146 at the south edge of Livingston. The fire is believed to have started
from sparks caused when a squirrel got too close to an electric transformer. Two brush trucks
and 10 LVFD firefighters responded to the alarm, which sounded at a little before 1:30 p.m. It
took about an hour to completely extinguish the fire.
Tiguas forced to close down Speaking Rock Casino
BSISD trustees petitioning
UIL athletic realignment
to
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White, Barbara. Polk County Enterprise (Livingston, Tex.), Vol. 120, No. 13, Ed. 1 Thursday, February 14, 2002, newspaper, February 14, 2002; Livingston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth789235/m1/1/?rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Livingston Municipal Library.