News

A petition being circulated to roll back Donley County property taxes is not valid, according to local officials, because the commissioners’ court did not exceed the rollback rate under the law.

The petition, which was reported to have more than 500 signatures Monday, seeks to force the county to hold an election to allow citizens to vote on the tax increase which went into effect in October.

“We think the taxes went up over 30 percent, and we think we ought to have the right to vote on it,” said petition organizer Don Smith.

But the county says the rollback petition is not going to have any bearing on the current tax rate.

 “Under the tax code, a petition is only valid if the rollback rate is lower than the adopted rate,” County Attorney Pro Tem Kaye Messer said. “The bottom line is that the petition is invalid.”

County commissioners adopted a total tax rate last month of 0.476547 per $100 valuation, an increase of 27.78 percent over last year’s total rate. But despite the increase, officials say the rate is still lower than it could have been since the rollback rate was 0.494254.

When shown a copy of an August 22 notice published in The Clarendon Enterprise and excerpts of the state tax code, Smith said that he and his committee would need to review the information but that he thought the petition was still valid.

“I think by what we read and what our attorney advised us, this [the petition] is what we have to do,” Smith said.

Paula Lowrie, Chief Appraiser of the Donley Appraisal District, says the county tax rate is composed of three elements this year: the General Fund rate, the Farm to Market (or Road & Bridge) rate, and the Debt Component rate. The debt rate is where most of this year’s tax increase comes from, and that is where the controversy is.

Increases in the General Fund and Road & Bridge rates can only be raised eight percent without being challenged by a petition. But the Debt Component rate is limited only by the amount of debt service the county has for that year, Lowrie said.

This year, the county adopted a Debt Component rate of 0.9745 per $100 valuation to make its payments on the tax notes funding the county’s share of the courthouse restoration.

“The only remedy for stopping the debt rate would have been to seek an injunction in district court,” Messer said. “That had to have been done between August 22 (when the county first published the proposed debt rate) and October 1 (when the tax bills were mailed). That was the only remedy, and the time has passed.”

Lowrie agrees with the Messer that it is too late to stop the debt rate.

“We’ve already been through the process to set the rate,” she said. “All the notices were published timely and correctly.”

Smith, whose committee was still gathering signatures at press time, says even if the petition is invalid, it still proves a point and could impact the upcoming elections.

“This really shows a lot of people are upset,” he said.

County Judge Jack Hall said he believes politics is the motivation behind the petition drive.

“The people behind the petition are dwelling a lot on the fact that they never got a chance to vote on the courthouse tax notes [in 2000],” Hall said. “But it was all done properly.”

A special debt tax rate has been used before by local entities. The appraisal district says the Hedley school is using it to pay for their current bonds, the Donley County Hospital District had a debt rate for years, the Clarendon school has used it in the past, and even Donley County used a debt component rate to pay for bonds to build a new jail 20 years ago.

The legal battle between Donley County and former constable Jimmy Swinney may be at an end following the action of the Seventh Court of Appeals in Amarillo last week.

The court dismissed Swinney’s appeal and let stand the January ruling of District Judge David McCoy, who had ruled in the county’s favor and said county commissioners had not abused their discretion when they set Swinney’s salary at $3,170 in December 2000.

County Attorney Pro Tem Kaye Messer says Swinney now has the opportunity to ask McCoy to review the case again, but she doesn’t think it will help him.

“I can’t imagine that Judge McCoy is going to change his ruling,” Messer said.

But the former constable’s lawyer may have a different view. Quoted in an article in the Amarillo Globe-News, Canyon attorney Chuck Hester said McCoy “will make additional rulings and findings and then [the case] will probably be up on appeal if the findings are adverse to Swinney.”

Messer, however, thinks county officials have the case behind them now.

“From a legal stand point, Swinney may still have a ray of hope, but from a practical standpoint, I think it’s over,” she said.

County Judge Jack Hall was pleased the with the appeals court’s ruling.

“I’m proud they dismissed the case,” Hall said. “And I’m proud of the work Kaye has done for Donley County.”

The restoration of the Donley County Courthouse and a petition to roll back local property taxes were topics for discussion when the Howardwick Friendship Club hosted a “Meet The Candidates Night” last Friday.

Five candidates for county offices were present for the forum, and each was given a turn to talk to potential voters.

County Judge Jack Hall outlined the duties of his job and discussed his qualifications before discussing the rollback petition. He held up a chart showing the rollback rate of 0.494254 and the county’s adopted rate of 0.476549.

“The tax rate is not above the rollback rate,” Hall said.

Hall said he stands on two platforms in his bid for re-election – opposition to former constable Jimmy Swinney’s case against the county and support for the restoration of the 1890 courthouse.

“I am for this courthouse,” Hall said. “It is a treasure. It is one of a kind. It houses our history, and it belongs to you and all the people of Donley County. I am for the nearly $3 million we got from the state.”

Hall also said he didn’t need someone to talk for him, and he asked people to look at their own consciences and cast their vote.

Jimmy Thompson, who is running against Hall, spoke next and talked of his background being raised in the county and serving as its sheriff for 20 years.

“I understand the people and understand that people are on a fixed income,” Thompson said. “I don’t know all the answers, but I’ll find out.”

Thompson said he differed with Hall on the rollback issue and said he supports it.

“I think the rollback is right,” he said. “If I didn’t think it was right, it wouldn’t have been done.”

Treasurer Becky Jackson discussed the duties of her job and asked for support.

“I feel I’ve done a good job and ask you to vote for that time and experience in order to save the county time and money,” she said.

Jackson’s opponent, Vicki Sloan, said she had made a lot of friends during her campaign and promised to serve the people.

“If elected, I will serve with dignity and humility,” she said.

Candidate for County/District Clerk, Vicki Knowles, said she was having fun campaigning and encouraged everyone to get out and vote.

After the candidates’ forum, rollback petition organizer Don Smith was allowed to speak.

“All we’re saying is you should have the right to vote when taxes go up that much,” Smith said.

Howardwick Mayor Billy Woods asked Smith what he thought of the sheriff’s department.

“I think the sheriff’s department is fine, but that’s not what this is about,” Smith said.

“Oh, yes, it is,” Woods retorted. “I think without the tax increase, half the sheriff’s department would be gone,” Woods said, referring to the battle to raise deputies’ salaries earlier this year.

“We’re not saying anything about the sheriff’s office,” Smith said. “This has nothing to do with that.”

“But you’re not giving all the pros and cons,” Woods said.

Clarendon College students are now under the protection of the Donley County Sheriff’s Department after the county approved a contract between the two entities last week.

Under the terms of the contract, Clarendon College will pay the sheriff’s department $20,000 per year to provide campus security. In turn, the sheriff’s office will patrol the campus, check the doors of the buildings three or four times each night, and provide security during basketball games.

Officers will also be issuing parking tickets on the college campus, and all Class C misdemeanor citations issued to college students on the campus will be handled through college court.

“I think it’s a win-win situation,” said Sheriff Butch Blackburn. “Before, they were paying more than this to have a security guard, and we had to handle all their criminal cases. This will work for them, and the money will go into our overtime budget.”

CC President Myles Shelton likes the contract also.

“It provides an added measure of security for our students, and I’m looking forward to working with the sheriff’s office,” he said.

The contract took effect on October 15.

With a tie-breaking vote, the Board of Aldermen last Tuesday accepted a state grant to make $886,000 in improvements to the Clarendon Municipal Airport.

The project provides for the reconstruction of 800 feet of the north end of the runway, which is deteriorating, and the rehabilitation of the remaining 3,800 feet of the runway. In addition, the taxiways, apron, and turnarounds would be rehabilitated; erosion control would be implemented; and the runway will be marked.

The grant from the Texas Department of Transportation requires a ten percent match from the city, a fact which caused concern from some aldermen.

“Nobody would deny that we need this money,” said Alderman Michael Tibbets. “The question is shouldn’t we spend $88,000 on streets?”

Alderman Janice Knorpp argued that the opportunity was too good to turn down.

“We simply cannot afford to pass up nearly $900,000,” she said.

Knorpp further argued that matching funds for the grant might be paid for through a bond issuance which would include money for city street improvements.

The board debated the flexibility of an October 8, 2002, deadline to accept the grant. Based on information presented by board consultant Colby Waters, Alderman Tibbets said the board could wait until December to make a decision. But Knorpp and Alderman Bob Watson thought the city could lose the money if it did not act quickly.

Watson moved, seconded by Knorpp, to adopt the resolution accepting the grant. Tibbets and Alderman Tommy Hill voted “nay,” and Mayor Pro-tem Mark White cast the tie-breaking vote in favor of the resolution.

The city has been working to get the grant for the airport for approximately four years beginning when Smiley Johnson was on the board. The project should be completed in the spring of 2004.

In other city business, the aldermen discussed a proposed lease agreement regarding a planned business at the airport. Dusty Abbott, who intends to establish a business to repair and maintain small aircraft, requested a 30-year lease for a new hanger to be built near the current pilots’ lounge. The aldermen agreed to certain terms of the lease and requested the city attorney to draw up the agreement for presentation at the next meeting.

City Superintendent Jim Roberts gave an update regarding the recycling center and the work of McKay Engineering. The board requested the city attorney to send a letter to Gary McKay about getting this job finished as quickly as possible.

Librarian Carolyn Blackerby updated the board on the community TIF grant and invited them to the Library’s Open House on October 26.

The letters sent to the citizens who have livestock in the city limits were discussed. There was a misunderstanding that City Clerk LeAnn Marcum had not signed the letters. Marcum presented photocopies of the letters which were clearly signed.

The board approved Ordinance 343, which amends Ordinance 331 and increases trash rates by $1.80 per month.

The board re-appointed Myles Shelton, Jerry Woodard, and Todd Knorpp to the Economic Development Board. Mayor Tex Selvidge had indicated he no longer wished to serve on the EDC Board, and the aldermen appointed Mayor Pro-tem Mark White to take that seat.

Hedley school officials dedicated their new $1 million facility expansion to the late Evelyn Messer last Saturday as part of the 51st annual Cotton Festival.

Messer, who passed away in 2001, had worked in the Hedley Public School for more than 30 years, teaching English and drama while running the school library.

“Few places in this world can one find people so wholly dedicated to the development of children than Hedley,” said Superintendent Bryan Hill, who praised several long-time teachers. “Certainly one of those that you cannot help but think of when you walk into this addition is Mrs. Messer.”

Hill said he could not imagine the number of hours Messer spent getting Hedley kids through English or helping them learn to write intelligently.

The large crowd assembled in the school cafeteria for an all-school reunion responded with enthusiastic applause as Hill made the dedication.

A plaque was presented to Messer’s husband, Doyle, and a similar plaque will be affixed to the wall of the new addition.

“Maybe future generations will read it,” Hill said, “and maybe it will help us remember her contribution.”

Following the dedication, the crowd was allowed to tour the new addition, which has nearly doubled the floor space of the school’s main building. For the first time in decades, every teacher at HISD now has his own classroom.

The expansion includes four new classrooms – one of which is stepped in a lecture hall style – as well as two new administrative offices.

The highlight of the expansion is a new multimedia room which serves as a combination library and auditorium. A large, elevated stage in the multimedia room is available for school programs and plays, and the room can accommodate seating for 400 people.

The $1 million project was partially funded through an Instructional Facilities Allotment grant from the state. The IFA money will cover approximately 84 percent of the cost while the taxpayers of the Hedley school district will pick up the rest through a 15-year bond.

Two women are out on bond following drug arrests made last week by the Donley County Sheriff’s Department.

Essie Jean McCampbell of Clarendon was arrested last Monday, September 30, under a sealed indictment, according to Sheriff Butch Blackburn.

McCampbell, age 65, was charged with Delivery of a Controlled Substance (cocaine) in a second-degree felony amount.

Barbara Jean Smith, age 43, was also arrested under a sealed indictment last Tuesday, October 1, and charged with the same offense. Smith is claiming Dallas as her place of residence, Blackburn said.

Both women were arraigned by County Judge Jack Hall last Tuesday, and bond was set at $20,000. The women made bond the same day.

“This is part of our ongoing investigation and work on the drug situation in Donley County,” Blackburn said.

Texas Department of Public Safety Narcotics Officers assisted with the cases.

Visitors to the 51st annual Cotton Festival were greeted by blustery weather Saturday in Hedley, but that did not deter the crowd from having a good time.

The Antique Tractor Show was one of the early events of the festival. Complete results were not available at press time, but Blackie Johnson of Memphis got the Best of Show award.

The Lions Club served barbecue for lunch, and the Lioness Club also had concessions available.

The Kiddie Parade was the first event of the afternoon followed by the Grand Parade. The Hedley Lioness Club took home first place in the Organizational Float Division with the Khiva Temple and the Hedley Class of 2012 coming in second and third.

David Moss won the Classic Vehicle division, and Sam Jett and the Stegall Family were second and third.

In the Animal Division, Tiffany Wilkinson was first followed by Leon Hall and the Khiva Mule Skinners. Kelby and Kaley Shields won the Recreational Vehicle division, and Jared Moran and Wes Shields were second and third.

In the Miscellaneous Division, the Howardwick Fire Department placed first, Paymaster Gin was second, and Jack Barton was third.

After the parade, an all-school reunion was held at the Hedley School Cafeteria followed by the dedication of the new addition to the building.

Hedley is the place to be in Donley County this weekend as the 51st annual Cotton Festival gets underway.

One of the highlights of this year’s celebration will be the dedication of the $1.17 million expansion of the Hedley Public School on Saturday afternoon.

HISD Superintendent Bryan Hill reports that teachers began having classes in new classrooms last week and says workers are busily moving books and other items into the new combination library-auditorium.

“We’re about 80 percent complete as far as moving goes,” Hill said early this week. “We plan to have everything ready for this weekend.”

The school dedication will be held at 3 p.m. Saturday in the HISD Cafeteria in conjunction with the Hedley School Reunion. The new facility will be open for tours.

Reunion coordinator Mary Farris also reports that activity is coming along well.

“I think we’re going to have a large crowd,” Farris said. “There will be plenty of snacks and lots of visiting in the cafeteria.”

The all-school reunion is a relatively new addition to the festival. Farris said it was tried about ten years ago with limited success, and individual class reunions since that time had drawn smaller crowds. Last year, another Hedley all-school reunion was tried again and met with great success.

“Last year was really good, and we hope to have another good one,” she said.

The reunion is open to anyone with any connection to the Hedley School – students, former students, parents, alumni, current and former faculty and staff, current and former trustees, and members of the community.

The Cotton Festival itself is sponsored by the Hedley Lions Club and begins this Friday with the Hedley Lioness Club’s chili supper at the Lioness Hall.

Saturday’s activities begin with the Hedley First Baptist Church Youth Breakfast.  They will serve breakfast in the Lions Den from 6:30 a.m. to 9:00 p.m.  The Rowe Cemetery Bake Sale and the Tractor Show begin at 10:00 a.m.  The bake sale will be held at Lions Den, and the Tractor Show will be held on Main Street. 

The Lions Club will serve barbecue beginning at 11:30 a.m. in the Lions Club.  The Lions will serve barbecue sandwiches after 3 p.m.

The Kiddie Parade will begin at 1:30 p.m., and the Community Parade will begin at 2:00 p.m. 

An Old Time Hootenanny with a horseshoe contest, washer pitching, craft show, and other games will be held on Main Street throughout the day, and KEFH 99.3 will provide street entertainment.

For more information, call Anthony Knowles at 856-5246.

More than 30 paleontologists from across the country visited fossil beds in Donley County Monday as part of the 62nd Annual Meeting of the Society of Vertebrate Paleontology.

The tour was part of a three-day field trip hosted by West Texas A&M University before the society’s annual meeting in Norman, Okla., later this week.

Dr. Gerald Schultz, WTAMU professor of geology, and Dr. Jeff Indeck, curator of archeology at the Panhandle Plains Historical Museum, led the trip.

The group’s first stop was the MacAdams Quarry in the northeastern section of the county. The site, which was last excavated in 1959-60, was one of the richest in terms of the number and variety of fossils recovered.

Bob Emery, one of the scientists present at the 1959 dig, told the group that the MacAdams site yielded a dozen different species of three-toed horses, all of which existed at about the same time. 

“This was a very special place in the evolution of the horse,” Emery said. “It represents an explosion in development.”

Dr. Xiaoming Wang, a noted authority on prehistoric dogs, discussed the variety of carnivores present which probably used the small horses for lunch. There were small- and medium-sized dogs found at the MacAdams site, but there were also some huge beasts – bone-crushing dogs – present at the same time.

“These were some of the largest dogs ever to have evolved,” Wang said. “Some had long legs and were the size of bears.”

The group also toured fossil sites on Turkey Creek and on the old RO Ranch during their visit Monday. They also visited locations in Palo Duro Canyon and Lipscomb County this week.

Donley County and Clarendon in particular are famous in the world of paleontology for the fossils that were recovered from this area. In the 1940s, a geologic period of time – the Clarendonian Land Mammal Age – was named in honor of Clarendon, Texas, because the largest amount of fossils typical for that period came from Donley County.

The paleontologists visiting this week represented such respected institutions as the University of Florida, the University of California-Berkley, and the Smithsonian Institution; and each of them were well acquainted with the Clarendonian Age.

The Clarendonian Age was between nine to 12 million years ago during the Tertiary Period of the Cenozoic Era, Schultz said. It was followed by the Hemphillian Age (named for fossils found near Miami, Texas) and the Blancan Age (named for Blanco Canyon near Floydada).

Schultz said the Clarendonian is known for such prehistoric mammals as three-toed horses, giraffe-necked camels, and short-legged rhinos. Mastodons and saber-tooth cats have also been found in Donley County.

For more information about the field trip, contact Schultz at 806/651-2580, 806/467-0498  or gschultz@mail.wtamu.edu.