Archives for September 2003

Clarendon voters rejected a proposal to issue $2.5 million in certificates of obligation for street paving Saturday, causing tempers to flare during a called meeting of the Board of Aldermen Monday night.

The city had worked for several months on a plan, which would have paved 152 blocks, before a July petition forced the election and ultimately killed the funding by a vote of 224 “against” and 199 “for.”

Monday’s meeting to work on the 2003-2004 municipal budget got off to tense start as Mayor Tex Selvidge suggested raising water and sewer fees by $1.10 and $10 per month to be able to fund future improvements.

But Aldermen Michael Tibbets quickly rejected that notion, saying it would just be “rubbing the voters’ noses in it” to go up the same amounts as had been proposed during the election.

Alderman Bobbie Kidd said he thought the city needed to dedicate $100,000 in the next budget to start street improvements, and Alderman Mark White said Clarendon has neglected the streets too long and that maybe they should just be ripped up and graded if nothing was done soon.

Later in the meeting, the streets came up again, and the aldermen soon clashed once more.

“I think these people who voted against [the paving] should come in here and tell us what to do,” Alderman Janice Knorpp said.

White again raised the spectre of inaction.

“Maybe we’ll just sit here and do nothing for another 75 years,” White said. “Why would anybody want to come here with the streets like they are?”

The question prompted a sharp response from Alderman Tommy Hill, who said, “The people won’t come here if the taxes are too high!”

Drawing this from White: “They damn sure will if they have good streets to drive on! Use your head a little bit!”

Local resident Darrell Leffew addressed the board and suggested the city do the work itself to save money.

“You have most of the equipment, but you need to hire someone who knows how to run a blade,” Leffew said. “Hire somebody and give him two or three hands and the authority to get the job done.”

Leffew said the curb and gutter work could be contracted out.

“Curb and gutter is what you have to have for the streets to last,” he said.

Working with Leffew’s idea, aldermen set about trying to figure how to implement it and set a goal of paving 20 blocks in the next year. Putting those numbers in the budget, the aldermen then looked for a way to fund the improvements while maintaining funding for other city services.

“I thought we couldn’t go up on anything,” Selvidge remarked sarcastically.

“I don’t mind raising rates, Tex,” responded Alderman Tibbets. “It just can’t be the same numbers we voted on.”

The board tentatively agreed to raise water rates by $2 per month, sanitation charges by $1.80 per month, and sewer rates by $5 per month. All of which would still keep Clarendon’s rates below state averages for towns of similar populations.

The board also tentatively agreed to raise the ad valorem tax rate by three cents per $100 valuation.

Asked after the meeting how citizens would feel about increased fees of $8.80 per month when they had just rejected $11.10 per month at the polls, Tibbets said the higher rates were not solely for street improvements.

“We have to have this for other things – like our sheriff’s contract – and not just the streets,” he said.

The city is scheduled to have a public hearing on the proposed tax rate next week and will adopt the new budget at the same time.

ABILENE – Boll weevil eradication assessment notices were recently mailed to cotton producers in the Northern Rolling Plains eradication zone, which includes Donley County.

The assessments are based on information cotton producers provide the Farm Service Agency when they certify their crops. If growers find an error in their billing, they will need to correct the information at their local FSA office and forward the corrected information to the Foundation.

A two percent discount is available to growers who pay the full assessment by September 23.

Growers with failed acres are eligible to receive a credit of 50 percent of their assessment on those acres completely destroyed prior to the final certification date. Qualifying failed acres must remain free of all hostable cotton until a killing freeze to receive the credit.

“For those having difficulty paying their assessment, help is available by contacting the assessments department and arranging an extension agreement,” said Chief Financial Officer Tina Ballard.

Producers entering into an extension agreement must make a 10 percent down payment, and they will be charged a late fee of one percent per month until their accounts are paid. This late fee begins on the date the signed agreement and down payment are received by the Assessments Department. Producers who are delinquent in payment and who do not have an extension agreement are subject to a late fee of 1.5 percent per month.

For more information call the Assessments Department in Abilene at (866) 672-2800.

Donley County Commissioners received several complaints last Thursday during a public hearing on the proposed 2003-2004 budget.

The $1.9 million budget reflects an overall increase of almost $55,000 over last year’s budget, and commissioners have proposed raising the combined county ad valorem tax rate by $0.029903 per $100 valuation to help make up the difference.

A crowd of about 20 people attended the hearing, and several complained about continuing increases in taxes and property valuations. Criticism also focused on the cost of the restoration of the Courthouse.

The payment on the restoration note will increase by $2,112.87. But the county’s expense for providing health insurance to its employees is expected to increase by 30 percent, a jump of more than $54,300.

The county has realized savings in some areas, such as a reduction in the labor force in Precinct 3 and paying off the vehicles used by the sheriff’s department.

The higher tax rate will cost the owner of a $50,000 home a total of $14.95 per year.

In other county business, commissioners met in regular session Monday to discuss several agenda items. The court approved spending $14,000 from the courthouse security fund to install an alarm system in county offices. The system from Audio Link Security would provide an emergency button at the desk of each county officer – including one in the Justice of the Peace office in Hedley and one on the judge’s bench in the district courtroom. In the event of an emergency, the system would signal the sheriff’s office to send a deputy to that location.

The court approved a letter of engagement with Gordon Maddox for the audit of fiscal year 2003.

An agreement was reached between the county and the Texas Tech Health Science Center for autopsy services.

A bid was accepted from the Howardwick Baptist Church to purchase a lot in that city for delinquent taxes.

The nominees for the 2003-2004 Child Welfare Board were announced. Those citizens are Kim Dickinson, Don Myers, Betty Jean Williams, Alton Gaines, Ted Shaller, Kathy Hommel, Pearl Hermesmeyer, Sharon Sanders, Jeanetta Burns, Bill Houston, Greg Henry, and Markeeta Howard.

The court agreed to allow Doug Lowe to attend the statewide training conference for Veterans Services officers this month.

An agreement was reached with Joe Ortiz to clean and wax the floors in the Courthouse Annex.

Commissioners agreed to allow a discount to be given for taxes paid early in October, November, and December.

The county agreed to renew the contract between the sheriff’s department and the City of Clarendon at a cost to the city of $130,000. The renewal of the contract has not yet been approved by the Board of Aldermen.

The court also voted to allow the Donley County Historical Commission to use the conference room on the second floor of the Courthouse.

Meeting answers paving questionsA town hall meeting concerning the city’s proposed paving project was held Monday night in the courtroom of the Donley County Courthouse with some 60 people in attendance.

Mayor Tex Selvidge welcomed the crowd, and Enterprise editor Roger Estlack moderated the question and answer session.

Those attending on behalf of the city included City Administrator Sean Pate, city engineers Che Shadle and Michael Adams of OJD Engineering, financial advisor Vince Viaille of First Southwest Company, and Rich Oller and Damien Esquivel of Oller Engineering.

The panel answered questions from the audience, which ranged from covering the design of the plan to the financing of the plan to the future maintenance of the streets. The following is a sample of the questions and answers from Monday night’s meeting.

Q. How were the streets chosen?

A. The city first drew up a Master Plan that would pave about 95 percent of the town. The cost estimate was between $5 million and $5.5 million, and so the city asked its engineers to scale back the plan. The 152 blocks to be paved were selected based on traffic volume and water flows.

Q. Who will maintain the streets?

A. The city employees will be trained in proper ways to repair the streets, including squaring off any holes that need to be cut and correct patching methods. Additionally, the city is looking at becoming a part of a rotating seal-coat plan which allows several cities to go together to seal a certain number of streets on a regular schedule. This will extend the life-span of the paving and greatly reduce the need for daily maintenance.

Q. Why doesn’t the city do that now?

A. Because the streets have deteriorated to such a point that there is no way to effectively make lasting repairs. Even if the current holes were squared off and repaired, they are surrounded by deteriorating pavement and improperly patched holes. Rich Oller, whose company operates a rotating seal-coat plan, said that Clarendon currently only has three or four streets that he would even consider working on.

Q. Does the $2.5 million include the cost of future maintenance?

A. No. The city will have to plan for future maintenance and set aside that money in future budgets. The seal coat plan will need to be started in five or six years, and that should allow the city time to prepare for that expense.

Q. What about the existing utilities underneath the streets?

A. The utilities will be located before construction begins. In some places, where the water or sewer lines are too shallow, it will be necessary to move those lines. This work will be done by the city. In the future, as the city gets grants to replace water and sewer lines, those utilities may be relocated into the right-of-way behind the new curbs.

Q. Won’t the city have to dig into the streets to fix those utilities?

A. Yes, but by squaring off the holes and patching them correctly, this should not be a problem. Then when that street is recovered under a rotating seal-coat plan, those scars should disappear.

Q. Who will be inspecting the construction of the paving?

A. OJD Engineering. Che Shadle and Michael Adams are both licensed engineers with the company, and they live in Clarendon and will be looking at the work constantly.

Q. Will there be any guarantee that the work will last?

A. The construction company will have to give a bond to basically guarantee the work from being defective. This usually covers a period of 12 months. Additionally, OJD Engineering will be liable if there are any flaws in the design of the plan.

Q. How wide will the streets be?

A. The streets will be 31 feet from the back of the curb to the back of the curb.

Q. My street is plotted to be wider than 31 feet. What happens to the rest of that area?

A. The area extending from the curb to your property will still be the city right-of-way, but it will be filled in and graded so that it slopes nicely to your yard. Property owners will be responsible for maintaining that area between their property line and the street, just as they are now.

Q. What is to prevent the bid for the work going more than $2.5 million?

A. The contractor will bid a unit price of so much a running foot. The city can then determine how many streets to do for that price. The engineers have used the highest numbers being seen for this type of work and have not tried to low-ball the cost estimate. If the bid comes in lower than expected, the city will be able to do more streets. If it comes in higher, it will have to scale back the project.

Q. Are there any grants that can help us do this project?

A. The city is currently working with $350,000 in federal and state grant money to repair streets that were damaged by flooding in 2001. These same funds are being used to improve the main pathway of storm water through the city. There may be other grants available to help with flood control. However, getting grants strictly for the purpose of paving streets is very, very slim.

Q. How much is this going to cost me?

A. The city will be levying an ad valorem tax rate of 15 cents per $100 valuation to help pay the certificates of obligation. The water rate will go up by $1.10 per month, and the sewer rate will go up by $10 per month. The total cost to the average homeowner will be $184 per year or $15.35 per month. A citizen with a $50,000 home would pay $208.20 per year or $17.35 per month.

Q. Wouldn’t it be fairer to pave all the streets?

A. Yes, if the city could afford that. But everyone will benefit from the new streets when they go to the store or go to the post office. Additionally, the new streets will improve the overall appearance of the town and make it more attractive to people and businesses looking to move here. The city hopes to eventually get  all the streets paved.

Q. What happens if the paving project is defeated in Saturday’s election?

A. Then the city basically continues doing business like it has been for several years. There may be some improvements that can be made. But since the streets are in such poor condition now, without a major paving project, it is likely that they will continue to deteriorate as time goes on.

Clarendon voters will head to the polls this Saturday, September 13, to decide the fate of a $2.5 million comprehensive paving plan.

Balloting will be held from 7 a.m. to 7 p.m., and registered city voters will be given the choice of being “for” or “against” the issuance of certificates of obligation to pay for the project.

If approved, the plan calls for crowning 152 blocks of streets, laying down two-course penetration paving and installing curbs and gutters. The plan calls for six-inch curbs and two-foot gutters on both sides of the streets. The streets will be 31 feet wide measuring from the backs of the curbs, and the paving will extend from gutter to gutter.

The curb and gutter system serves two purposes. First, it controls and directs runoff water. Second, it protects the edge of the paving from deterioration, thereby extending the life of the paving.

The certificates of obligation would be paid for over a 20-year period at a cost to the city of approximately $200,000 per year. Revenue to make those payments would come from a 15-cent ad valorem tax, an increase in the month water charge of $1.10, and an increase in the monthly sewer charge of $10. In addition, the Clarendon Economic Development Corporation will budget $20,000 per year from its sales tax revenue to help pay for the project.

The cost to the average homeowner in Clarendon will be $184 per year or $15.35 per month or less than 51 cents per day.

North-south streets on the plan are as follows (in bold print): Jackson Street between Cooke and Wood; Hawley Street between Cooke and Barcus; McClelland Street between Cooke and Montgomery; Goodnight Street between Cooke and Montgomery; Carhart Street between Browning and Second; Gorst Street between Burkhead and Fourth; Kearney Street between Wood and Fourth; Jefferson Street between Eighth and Fifth; Parks Street between Ninth and Second; Taylor Street between Eighth and Second; Ellerbe Street between Eighth and Third; Bond Street between Eighth and Fifth; McLean Street between Eighth and Clarendon Ave.; Collinson Street between Eighth and Clarendon Ave.; Johns Street between Eighth and Sixth; Leroy Street between Eighth and Fifth; and Cottage Street between Seventh and Fifth.

East-west streets on the plan are as follows (in bold print): Cooke Street between Goodnight and Jackson; Browning Boulevard between Carhart and Jackson; Burkhead Street between Gorst and Jackson; Barcus Street between Gorst and Jackson; Montgomery Street between Kearney and Goodnight; Wood Avenue between Kearney and Goodnight; Eighth Street between Cottage and Bugbee and between Koogle and Jefferson; Seventh Street between Cottage and Bugbee and between Koogle and Kearney; Sixth Street between Cottage and Bugbee and between Koogle and Goodnight; Fifth Street between Gorst and Hawley; Fourth Street between Koogle and Jefferson; and Third Street between Collinson and Bugbee.

AUSTIN – The 78th Legislature passed new laws that began affecting Texas vehicle owners this month.

An additional $1 fee collected with vehicle registrations, new license plates, and changes to the state’s salvage laws took effect September 1. Increased title fees and additional surcharges on certain on-road diesel vehicles have already gone into effect.  These new fees are collected by the local county tax assessor-collector’s office.

As of September 1, vehicle registration renewals and new registrations will carry an additional $1 insurance verification fee. 

The same legislation also amended the state’s vehicle salvage laws.  The bill raised the fee to obtain a salvage or nonrepairable title to $8.  Under this new legislation, vehicles titled with Nonrepairable Vehicle Titles on or after September 1 cannot be rebuilt, retitled, or operated on public roadways and can only be sold for scrap or parts.  Vehicles titled with Salvage Vehicle Titles can be retitled as “rebuilt salvage” but rebuilders will be required to pay a $65 fee, in addition to the title application fee, and must submit detailed information about the type of damage the vehicle sustained and about the parts that were used to rebuild it.  The vehicle must pass a state safety inspection before a new title is issued. The new title will carry a “rebuilt salvage” remark for the life of the vehicle.

The legislature approved 38 new specialty plates and standardized fees for the popular organizational and collegiate plates.  As of September 1, the fee for these plates will be $30, with $22 being earmarked for the organization, college, or university. 

The legislature also raised vehicle title fees and established new surcharges for certain diesel vehicles titled in Texas.  The new fees became effective immediately upon the Governor’s signature on June 23, 2003. The money raised by the increase in fees will fund the Texas Emissions Reduction plan (TERP).  The TERP plan administered by the Texas Commission on Environmental Quality is aimed at bringing Texas’s air quality into compliance with established federal guidelines.  More TERP information is available at www.tceq.state.tx.us.

Texas residents needing more information should check with their county tax assessor-collector, call the Vehicle Titles and Registration help line at (512) 465-7611, or check the Texas Department of Transportation website at www.dot.state.tx.us/vtr/vtrreginfor.htm.

Several new traffic laws became effective September 1, 2003, according to information released by the Texas Department of Public Safety and the Donley County Sheriff’s Office.

The new Driver Responsibility law establishes a system that assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based on the type of offense and the time period in which the citation was received.

The law prescribes two points for a moving violation conviction in Texas or that of another state and three points for a moving violation conviction in Texas or another state that resulted in a vehicle crash. Points remain on the driver’s record for a period of three years.

The DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point.

The Driver Responsibility law also assigns annual surcharges for certain convictions.

A first-time DWI results in a $1,000 surcharge, paid annually for three years; and a second-time DWI results in a $1,500 surcharge, paid annually for three years. The charges are cumulative. For example a driver could pay $1,000 as a result of their first DWI and an additional $1,500 for their second DWI, paying a total of $2,500 annually.

A conviction for driving while license is invalid or failure to maintain financial responsibility results in a surcharge of $250, paid annually for three years. A driver who is convicted of driving without a valid license receives a $100 per year surcharge for three years.

Senate Bill 45 has made it a state jail felony to drive while intoxicated with a passenger younger than 15.

Another law all drivers need to be aware of is Senate Bill 193, which requires drivers nearing a stopped emergency vehicle that has lights activated, unless otherwise directed by a law enforcement officer, to: 1) Vacate the lane closest to the emergency vehicle, if the highway has two or more lanes traveling the direction of the emergency vehicle; or 2) Slow to a speed not more than 20 miles per hour (mph) less than the posted speed limit when the posted speed limit is 25 mph or more; or 3) Slow to a speed not more than five mph when the posted speed limit is less than 25 mph.

A violation is a punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.

Having a video display that is visible from the driver’s seat is illegal under Senate Bill 209. The new law expands the definition of video receiving equipment to include digital videodisc players, videocassette players or similar equipment. This equipment may be used only if it is located so that the video display is not visible from the operator’s seat.

House Bill 1326 automatically suspends for one year the driver license of anyone convicted of illegally racing on a public roadway. Before the license can be reinstated, the driver would have to complete 10 hours of community service. The punishment for illegal racing increases to a Class B misdemeanor. The law also increases the punishment for drivers who are racing drunk, who have open containers of alcohol in the vehicle when racing, who seriously injure or kill someone during the race or who have been convicted multiple times of illegal racing. Those offenses range from a Class A misdemeanor to a second-degree felony.

Senate Bill 439 makes it illegal to add reflective material, lights, emblems or anything else that changes the color of the license plate or makes it difficult to read the letters on the license plate. The name of the state where the vehicle is registered must be visible.

Senate Bill 613 suspends the driver license of anyone under the age of 21 who is convicted of the manufacture, delivery, possession, transportation or use of an abusable volatile chemical.

House Bill 292 strengthens an existing law and allows a police officer to have a blood or breath alcohol sample taken from a driver involved in an alcohol-related crash that kills or seriously injures another person, either in a motor vehicle or a boat.

House Bill 148 makes it a Class A misdemeanor to manufacture, sell, or possess a placard that is deceptively similar to a disabled parking placard without proper authorization. A person also commits a Class B misdemeanor if they knowingly park in a space designated for persons with disabilities using a counterfeit placard, and House Bill 1784 makes it an offense for a person to park their vehicle where it blocks a disabled access aisle that is designed to aid persons with disabilities.

House Bill 3588 increases the penalty for seriously injuring someone when illegally passing a school bus that is loading or unloading students to Class A misdemeanor.

One bill that did not pass was one which would have outlawed talking on a cellular telephone while driving-or without using a hands-free device. Despite Internet rumors to the contrary, this bill did not become a law.