Petition arrives in county judge’s office

A petition to change the tax rate in Donley County was presented to the County Judge’s office last Thursday afternoon but cannot be officially accepted until the next Commissioners’ Court meeting.

Judge Jack Hall said that by law a rollback petition must be presented to “the governing body” of the taxing entity. Hall also said Donald Smith’s name has been placed on the agenda for the November 12, 2002, court meeting along with a line item for the petition to be submitted to the court.

The petition, which reportedly bears the signatures of 614 Donley County voters, seeks to force the county to hold an election and allow citizens to vote on the 2002 tax rate. But before any election is held, the commissioners’ court must first determine the validity of the petition.

“Just because he [Smith] submits the petition, doesn’t mean we approve it,” Hall said. “We have 20 days to determine if it is a valid petition.”

The judge said commissioners would likely call a special meeting to examine the petition and adopt a resolution on its validity. If commissioners find the petition valid, the county would have 30 to 90 days from the twentieth day following its submission to hold an election.

The tax petition was circulated in response to county officials raising the property tax rate 27.78 percent from 0.372934 to 0.476547.  The addition this year of a special debt component rate of 0.09745 accounts for most of the increase. Funds from the debt rate will go towards the indebtedness related to the courthouse restoration.

Petition organizers have said that a lot of residents are upset with the tax increase and that they felt they ought to have the right to vote on the issue.

Under ordinary circumstances, a rollback election would lower property taxes. But since Donley County’s current tax rate is lower than the maximum rollback rate, a successful election would actually raise taxes by nearly two cents per $100 valuation. For that reason, it is likely commissioners will find the petition to be invalid.

“People in America have the basic freedom to sign a petition, and we’re fortunate to have that right,” Hall said. “But people need to be informed about what they are signing.”

Hall said he has received phone calls from people who have had second thoughts about signing the petition.

“Some residents have called inquiring as to how they could have their name removed from the petition,” Hall said.