| |
ECCFWSD board issues letter
By Kerry Yancey
Monitor Staff Writer
GUN BARREL CITY–It was listed on a special meeting’s agenda as “Discuss
and take action on notice of disqualification of a candidate for
election to the Board of Directors.”
In a 10-minute meeting Wednesday, the East Cedar Creek Fresh Water
Supply District directors unanimously agreed to issue a letter to local
developer Ken Landers, a candidate for the board.
The meeting drew more than the usual number of visitors, and at least
two left the meeting under the impression the letter issued by the board
informed Landers he was being disqualified from Saturday’s election.
Comments made by board president Giles Farmer, a candidate for
re-election to the board, and Landers during the brief meeting
reinforced that impression.
Such an action would have been a violation of the state’s election code,
which states a candidate may be disqualified before the start of early
voting or after polls close, not during the process.
However, that’s not what the letter said.
The letter, which did not include the name of any attorney, or any
attorney’s notes on the subject, said the board had been notified
Landers is a “developer of property in the district” under Water Code
Section 49.052.
As such, Landers was ineligible to hold an elective office as a board
member. “Indeed, a person who willfully occupies the office of director
and exercises the powers and duties as a director when they are
disqualified can be convicted of a misdemeanor and removed from the
Board,” the letter stated.
The letter also included an unambiguous threat: “We sincerely believe it
would be unfortunate for anyone, including members of the Board, to have
to bring a criminal complaint against you for violation of Section
49.052, or to resort to other remedies stated in the law.”
However, the board has said on numerous occasions the Heritage Cove at
Gun Barrel City development headed by Landers is not within the
district’s Certificate of Convenience and Necessity (CCN) for either
water service or sewer service, most recently in a letter signed by
Farmer dated April 7.
When questioned about this Thursday, Farmer said the “district,” as
legally defined, included land in Payne Springs area, and, under a
complicated formula, meant the 42-acre Heritage Cove project would be in
the district.
“We’ve had three lawyers look at this,” he said.
During the meeting, Farmer said he also found Landers had not registered
to vote in time for Saturday’s election, and thus was ineligible for
that reason.
Farmer said he called the voter registrar and found Landers had
registered to vote April 30. Voters must wait 30 days to be able to cast
a ballot, which means Landers was not eligible to vote in Saturday’s
election.
“You’re not eligible, and we can’t certify you (as a winner in the
election),” Farmer told Landers.
“That’s the way you wanted it,” Landers replied.
“We’re following the law,” Farmer countered.
“Can you get a letter from the Secretary of State’s office saying that?
I’ll bet you can’t,” Landers said.
Secretary of State spokesman Scott Haywood confirmed Thursday Landers
would have to be registered in time to vote for Saturday’s election in
order to be eligible for election.
“The courts have ruled that way,” Haywood said.
Landers, who was a registered voter in Hood County before moving to Gun
Barrel City, did not have to be registered in Henderson County to file
for a place on the ballot, Haywood said, but added Farmer’s claim that
Landers failed to register in time for the election “could be valid.”
Appraisal notices going out
Property values increase 10-12 percent overall
By Pearl Cantrell
Monitor Staff Writer
CEDAR CREEK LAKE–Chief appraisers report an average 10 percent to 12
percent across-the-board increase in Cedar Creek Lake area property
values.
Henderson and Van Zandt county appraisal district offices sent appraisal
notices out this week. The Kaufman County Single Appraisal District sent
out notices the first of the month.
“I can safely say property values are up by 10 percent,” Henderson
County Chief Appraiser Bill Jackson told The Monitor.
Jackson said the HCAD sent out between 45,000 and 50,000 notices.
“We’ve seen healthy increases in the real estate market the last eight
years,” he added.
Kaufman County Chief Appraiser Richard Mohundro said his office sent out
about 35,000 notices, or a little more than half the total number of
property parcels in the county.
Notices are sent to properties with new owners, all business personal
property accounts, to anyone who requests a notice, and to all property
owners whose property value has increased $1,000 or more.
Taxpayers have 30 days from the postmark on their notice to protest
their appraisals.
Van Zandt County Chief Appraiser Brenda Barnett, who mailed out 50,000
notices with an overall 12 percent increase in taxable value
county-wide, said a property owner’s first step in protesting an
appraisal is to come into the office and discuss it with an appraiser.
“Many of these issues can be settled informally,” she said.
No appointments are necessary, and the longest wait time is 30 minutes,
she added.
Mohundro says many disputes can be handled over the telephone.
If property has been damaged, such as termite damage, or wind damage
from recent storms, and the owner has a cost estimate to repair the
damage, the property value will most likely be reduced by that same
amount, Barnett said.
It is helpful if taxpayers bring in pictures of the damage, or a closing
statement of the amount they paid for the property, or sale amounts of
similar properties nearby, she added.
“If it can’t be resolved, then we can set them up with a formal board
hearing,” she said.
Appraisal Review Board hearings begin mid-June. By the end of July,
appraisal districts will have certified property values for use by
taxing entities.
All appraisal districts are required by law to appraise property at 100
percent of market value, which is determined by actual sale prices and
other recorded transactions during the appraisal period. Appraisals are
based on values as of Jan. 1 annually.
KISD voters alert
In the May 11 issue, Kemp Independent School District voters who live in
Kaufman County were incorrectly instructed where to cast ballots in
Saturday’s school board election.
KISD voters should cast ballots for the school trustee election and the
Kaufman County bond issue at their regular county polling place.
KISD voters who live in Henderson County should cast ballots at the
Calvary Baptist Church, located on State Highway 274 just north of the
county line.
Precinct 13 voters, who are in the Kemp ISD, should vote at the Faith
Baptist Church, located at 6013 Farm-to-Market 429, Kaufman.
|
|
|