Fort Bend Independent 062018 by Fort Bend Independent

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VOL 11 No. 25

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FORT BEND FAIR. BALANCED. INFORMATIVE. WEDNESDAY, JUNE 20, 2018

P. O.BOX 623, SUGAR LAND, TX 77487-0623

Official newspaper of Fort Bend County & Missouri City

Freedom Shrine dedicated at Gallery Furniture in Richmond

Mayor Allen Owen recognized Missouri City resident Mike “The Truth” Jackson on his UFC 225 title fight on June 9, 2018. Mike an MMA Personality and Professional Fighter, attended Lake Olympia Middle School and Hightower High School and trained out of the Missouri City Boxing and Fitness, 2413 Texas Pkwy., under the late Coach Cliﬀ Miles. Learn more about Mike at https://www. mikethetruth.com. Photo courtesy: City of Missouri City The Exchange Club of Fort Bend held a dedication and installation of the Freedom Shrine on May 25 at the Gallery Furniture store on Grand Parkway in Richmond. The Freedom Shrine is a display of copies of 23 historical documents which were instrumental in shaping American History. The shrine was co-sponsored by Jim “Mattress Mac” McIngvale and the Exchange Club of Fort Bend. McIngvale opened his address by saying that he is “Grateful for everything, entitled to nothing.” He addressed the Exchange Club members and guests on the Valor that is within all of us. He recounted the heroic actions of the Four Chaplains who sacrificed their lives to save and comfort others during the S.S Dorchester, in 1943. Members of the community can view the documents or join the Exchange Club of Fort Bend for lunch every Wednesday at noon at the Sweetwater Country Club. The mission of the Exchange Clubs is inspiring communities to become better places to live. The Exchange Clubs practice three core values; Family, Community, Country. Above, Club Members Charlie Huber, left, Kelly Orth, Fort Bend County District Attorney John Healey, District Judge Chad Bridges, Mike Reichek, Jim McIngvale, Dorothy Nall, Beresford Clarke, Bill Levitt, Barbara Piazzo, and Qaisar Imam.

County attorney explains decision in CAD’s Open Records Request violation case

By SESHADRI KUMAR research the records and provide office objecting to their decision The Fort Bend County At- the documents. not to pursue charges against torney’s Office has given a legal After , the CAD provided the the CAD and that he would file explanation to its decision not documents to Bazan, the county a complaint with the Attorneyto file a lawsuit against the Fort attorney’s office wrote to Bazan General. Bend County Central Appraisal saying that “ a violation did ocMatthew Grove, Assistant District for violating the Texas cur on the part of the CAD for County Attorney and General Public Information Act. failing to respond to your re- Counsel, at the County AttorThe county attorney’s office quest with records.... However, ney’s Office wrote to Bazan on investigated a complaint filed this office will not be bringing June 15, justifying the county by Thomas Bazan on April 10. any action against the CAD attorney’s decision. The county attorney’s office on since they have now provided Grove said: “I understand April 12 met with CAD officials you with all the information re- your frustration regarding this and determined that a TPIA vio- sponsive to your request.” office closing the PIA Complaint lation occurred. Consequently, On June 8, Bazan sent an Investigation without taking tion plans for eight sections of the CAD sought some time to email to the county attorney’s See CASE, Page 3 the Firethorne development, including for Firethorne West Sections 16 and 19. JDC/Firethorne contends that those applications were placed on “hold” in an effort to “extract a concession” from JDC/ Firethorne that it must construct four lanes of West Firethorne Road, a road within the Firethorne development. JDC/Firethorne claims that Richard Stolleis, Fort Bend’s county engineer, had previously acknowledged in an approved plat that JDC/Firethorne would construct only two lanes of West Firethorne Road. JDC/Firethorne alleges that it has received the required approval from the Fort Bend County Drainage District and the City of Fulshear. After an unsuccessful attempt to resolve the dispute through mediation, JDC/Firethorne filed this lawsuit seeking mandamus relief requiring County Engineer Richard Stolleis to “submit the completed plat application for Firethorne West Sections 16 and 19 to the Fort Bend County Commissioners Court” for approval. JDC/Firethorne alleges that Stolleis’s refusal to approve and submit the plat applications is ultra vires conduct for which he has “no legal or statutory 2017 Fort Bend County Fair Queen Marissa Salazar being presented her crown and buckle by 2016 Fair Queen Katie Koerth. Entries for 2018 are being accepted now. Story on Page 3. See SUIT, Page 4

Texas Supreme Court sides with Commissioner Andy Meyers By SESHADRI KUMAR The Supreme Court of Texas has ruled in favor of Fort Bend County Commissioner Andy Meyers in a lawsuit ﬁled by a developer against the county and Meyers, in his capacity as commissioner. The developer held Meyers individually responsible for holding up the approval of a plat. In a June 8 ruling, the Supreme Court of Texas reversed the court of appeals’ judgment and dismissed with prejudice the developer’s claim against the county commissioner in his oﬃcial capacity. JDC/Firethorne, Ltd. is the developer of Firethorne, a master-planned community on approximately 1,400 acres located within the extraterritorial jurisdiction of the City of Fulshear. The subdivision falls within Precinct 3 of Fort Bend County. W.A. “Andy” Meyers is the elected county commissioner for Precinct 3. According to its pleadings, JDC/Firethorne began developing Firethorne in late 2003 or early 2004, and before January 2014, it obtained approval from the County for more than forty separate plat applications and construction plans for the Firethorne development. The commissioners court or the court’s designee shall take

Fort Bend County Fair Queen Scholarship Contest

Meyers ﬁnal action on a plat application, including the resolution of all appeals, not later than the 60th day after the date a completed plat application is received by the commissioners court or the court’s designee. If the commissioners court or the court’s designee fails to take ﬁnal action on the plat as required the plat application is granted by operation of law․ Then, the applicant may apply to a District Court in the county where the tract of land is located for a writ of mandamus to compel the Commissioners’ Court to issue documents recognizing the plat’s approval. JDC/Firethorne claims that its process of successfully submitting plat applications for approval broke down between January 2014 and October 2014. During that time, JDC/Firethorne submitted to the County’s engineering department plat applications and construc-

Serving Fort Bend County for 28 years!

Page 2 • INDEPENDENT • JUNE 20, 2018

NEWS Texana Center recognizes Cross Creek Ranch for continued support Texana Center awarded Cross Creek Ranch the “Community Supporter of the Year” award at a Reaching for the Stars ceremony May 30. The center, which provides behavioral healthcare and intellectual and developmental disabilities services to residents in a six-county region

has been a beneﬁciary of the popular Cross Creek Ranch Scarecrow Fest for the past three years. “This particular category was especially tough this year because we have had so many tremendous supporters, but the support we’ve received from Cross Creek Ranch has been

PLANTATION at Quail Valley Active Senior Living; Embracing the lives of Seniors 55 and Better

over and above,” said Andi Wallis, Community Relations Manager for Texana Center. “The community has not only helped us financially but also brought welcome attention to our organization and important projects. Cross Creek Ranch added Texana Center to its Scarecrow Fest beneficiary list in 2016 to support its capital campaign to raise funds for a facility in Fulshear. To date, $23,500 has been raised for Texana Center through the Scarecrow Fest. The organization will again be a beneficiary during this year’s event, planned for Oct. 20. “Texana Center already is making a difference in the lives of people with developmental disabilities within the region,” said Rob Bamford, General Manager of Cross Creek Ranch. “The facility planned for Fulshear will allow Texana to serve even more children and adults.” Texana Center recently broke ground on the first of three buildings planned for its campus along FM 359 north of downtown Fulshear. The first building will house a retail training center for teens and adults with autism and/or intellectual disabilities. The participants will get hands-on experience operating a small bistro-style sandwich, coffee and gift shop. The building

Celebrating Cross Creek Ranch being named Texana Center’s “Community Supporter of the Year” are, from left, Sheree Prather, Director of Development for Texana Center; and Carrie Roehling, Rob Bamford and Natalia Grynshyn, all with Cross Creek Ranch. also will have a classroom for the expansion of Texana’s Children’s Center for Autism and new adult services that include a daycare program and college-like program. The other two buildings planned for the Fulshear campus will allow both programs to be operated full scale.

Texana Center is a 501(c)3 organization that operates more than 40 facilities throughout Austin, Colorado, Fort Bend, Matagorda, Waller and Wharton counties. More than 800 staﬀ members run six behavioral healthcare clinics, ﬁve learning centers and more than 20 group homes. For de-

tails, visit www.texanacenter. com. Cross Creek Ranch is a 3,200-acre master-planned community at FM 1463 and FM 1093 in Fulshear. Homes are priced from the $200,000s. For more information on Cross Creek Ranch, visit https:// www.crosscreektexas.com.

Missouri City Parks Director earns certiﬁcation

2815 Cypress Point Dr, Missouri City, TX 77459 www. plantationqv.com

Phone: (281) 208-4470

Missouri City Parks & Recreation Director Jason Mangum recently earned the Certified Park and Recreation Executive (CPRE) certification from the National Recreation and Park Association (NRPA). Founded in 2011, the CPRE establishes a national standard for executive certification in

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the field of parks and recreation. This mastery-level credential focuses on the practical knowledge and skills necessary in today’s ever-changing park and recreation environment. Jason is the 22nd individual in the state of Texas to have earned the CPRE and the eighth in the Greater-Houston area. “Jason’s achievement of obtaining the coveted Certified Park and Recreation Executive status this May is another example of his passion for his profession, his leadership by example and his true professionalism. The certification demonstrates mastery of all aspects of the Parks and Recreation profession and is a testament to the caliber of individuals to be found in the department,” said Assistant City Manager Scott Elmer. “The residents of Missouri City can be certain that the Parks and Recreation system

ues to manage a full program agenda that is fun for all ages. Visit www.mctxparks.com for a comprehensive list.

Mangum is under sound stewardship with Jason at the helm.” Mangum joined the City team in June 2016; he holds a Master’s degree (M.S.) in Recreation Studies and a Bachelor’s degree (B.A.) in Communications from Arizona State University. Read his full bio on the City’s website: http://bit.ly/2Lo17pp. Mangum’s team contin-

Fourth of July Celebration What: The City’s patriotic tradition that offers plenty of fun and excitement for the whole family. From 6 – 9 p.m., attendees will enjoy a variety of free activities and food for purchase. The fireworks show will begin at 9:15 p.m., and stadium seating will be available at Thurgood Marshall High School. Volunteer opportunities are available for this event. Please email cory.stottlemyer@missouricitytx.gov for more information. When: 6 – 9 p.m. on Wednesday, July 4; fireworks show begins at 9:15 p.m. Where: Buffalo Run Park, 1122 Buffalo Run Blvd.

Veranda Fireworks & Food Trucks Light Up the 4th of July

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Veranda is set to shine with colorful explosions and mouthwatering mobile eats during Fireworks & Food Trucks 7-9:30 p.m. Wednesday, July 4. The annual celebration kicks oﬀ at the Veranda model home park, 23002 Henderson Row Drive, where food trucks will oﬀer items for purchase accompanied by live music, bounce houses, face painting and more. Bring picnic blankets and lawn chairs to enjoy the 9 p.m. fireworks display For more information, visit www.verandatexas.com.

INDEPENDENT • JUNE 20, 2018 • Page 3

NEWS

Fort Bend ISD to open Early Intervention Academy Fort Bend ISD is presenting a new and exciting educational program to help meet the needs of early childhood learners. The Early Intervention Academy, housed at the Early Literacy Center at the Ridgemont Early Childhood Center, will offer eligible three-year old children a fullday, extended year of learning opportunities to prepare them for success. By attending the Early Intervention Academy, eligible students will have access to a blend of educational and therapy services offered through developmentally appropriate curriculum. The academy will also offer family-centered and wrap-around services to meet the individual needs of children. Upon completion of the program, students will have gained the skills necessary to integrate into an

inclusive environment at their neighborhood elementary school. Academy highlights include: • Full day preschool program from 8:10 a.m. to 2:30 p.m. • Extended school year with 199 instructional days • Additional therapy services in occupational, speech and music therapy • Applied Behavior Analysis intervention up to 20 hours per week • Structured, explicit social skills delivery model to engage children in the intervention • Family outreach, training and coaching • Ongoing program evaluation and progress monitoring The academy is designed for students who are three (3) years old on or before September 1; and who meet

the Texas Education Agency special education eligibility criteria of being identified with Autism, Non-Categorical Early Childhood for suspected Autism or Intellectual Disability. The academy will consider enrollment of students who do not meet the criteria on a firstcome, first-served basis after they meet all other application criteria. Enrollment in the Early Intervention Academy will be limited to 40 students for the 2018-19 school year, with a maximum of 32 students with disabilities. The academy will offer a lottery-based application process for students eligible to attend school in Fort Bend ISD. To access the academy application and learn more details, visit the Fort Bend ISD Early Intervention Academy webpage.

City’s ﬁnancial aid to First Colony Mall is not a “give away,” says mayor By BARBARAFULENWIDER A public/private partnership agreement between Sugar Land and First Colony Mall (FCM) was approved by Sugar Land City Council at its June 5th meeting on a 6-1 vote. The development agreement is performance based and is for 10 years. It will allow the mall to build a Lifestyle Center, which will include three blocks of outdoor plazas on the northeast side of the mall with space to accommodate some 25 more businesses. It is designed to attract shoppers with its outdoor amenities of fountains, 21foot by 11 ½ foot digital screen, shade trees, awnings, outdoor furniture and space for outdoor restaurant patios. The goal is the center will provide entertainment and activity opportunities beyond a typical shopping trip. Sugar Land City Council discussed it over 12 to 18 months, according to City Manager Allen Bogard. “As is our practice,” he said, “we meet with our business holders looking for opportunities to work together. We approached the mall and asked if there would be partnerships in the future that would lead to stability in the future of the mall. “This project grew out of those discussions. Our interest is in the stability and success over decades of the mall as a whole, including the recent investment of Dick’s,” in which the city invested nothing. Background information to council says that in 2017, FCM approached the city proposing to form a Lifestyle Center in order to attract new businesses which would increase sales and sales tax dollars to the city. Successful malls now attract visitors to destination venues with a variety of potential experiences, council was told. The FCM owners believe the center would result in a 10 percent increase in sales through renewal of current leases and attract high quality new tenants. Information to council went on to say that malls with outdoor spaces are a national trend so retail malls are responding to increased competition by enhancing and expanding shopper experiences. First Colony Mall has continued to thrive but the ownership has said that reinvestment is necessary for sustained or increased sales. Because FCM is Sugar Land’s biggest sales tax provider, the city wants the mall to continue to ﬂourish for the services it provides and

for the economic benefits it provides taxpayers. With all of that in mind, the development agreement the city and mall discussed has three primary objectives: local sales tax revenue generated by the Lifestyle Center will not be used to support the new 2018 agreement; the center’s improvements will generate new growth in local sales taxes above the baseline so FCM can receive any reimbursements, and the ½ of sales tax dedicated to property tax reduction will be retained by the city for that purpose, regardless of FCM performance. The mall will get the less of $750,000 or 37.5 percent of the total project costs, which are expected to be $2,485,989. Annual reimbursement payments will be made over the 10 years the contract is in place, aside from the total cap of $750,000. The source of funds will be 100 percent from the city’s 4A and 4B sales tax above the baseline and 66.7 percent of general fund sales above the baseline. The agreement also states that the project investment must be at least $2 million, a minimum of 50 full-time jobs must be retained throughout the life of the agreement and the project must be built by Dec. 31, 2018. Existing businesses that generate sales tax revenue and are currently located inside the city may relocate to the center within 12 months of the date they vacated their previous location but will not be considered in the calculation of sales tax rebate payments over the 10-year agreement. Existing businesses in the mall that relocate to the Lifestyle Center may not be considered in the calculation unless the mall replaces the vacancy with another establishment outside the city that generates equal or a greater amount of sales tax than the relocated business. Senior General Manager of FCM Heidi Westlyn presented the facts and figures along with Dave Hill, the city’s public/ private partnerships manager. When the PowerPoint was finished, Councilman At Large No. 1 Himesh Ghandi said, “By doing this you will add value to your space, which in turn, will yield more money and more sales taxes to the city. It’s an incentive to make it productive and an asset that will help the city.” He said he was “very excited and supportive of this.” District 3 Council Member Amy Mitchell said, “I know our sales taxes have dropped. If we bring in more sales taxes, property taxes don’t go

up. I’m just not seeing how the city will ever get” the money loaned back. “It sounds like we will be keeping what we have. “I do love the mall and go to it all the time. Even if we don’t give you the tax benefits you will make these modifications. I believe in the mall” but her concern was why the city and mall did not meet each other halfway. Mitchell said, “We have the opportunity to help our citizens and we should be doing that. My interest is on the financial impact.” Mitchell also said that if the Lifestyle Center has sales of more than $990,000, anything over that goes to the mall and not the city. “Seventy five percent of the money will be going to you versus the city for 10 years. If it happens in five years then the additional revenues will go to the city. “Ten years ago we went through this. Now that agreement is up and you are coming back to the city again,” she said. Westlyn, senior mall manager, said, “We have been working with the city to try and come up with something that is mutually beneficial. We haven’t asked for the city to help with other development projects we are doing.” She said the mall owners reinvest in their properties in order to keep top grade shopping centers, which includes FCM. “We are looking at a partnership that the mayor proposed. It needs to be performance based. We won’t get any money out of it unless we generate more sales. As we see more sales and they continue to increase, the city will get a long term benefit.” Mayor Joe Zimmerman said: “What has been positioned as a giveaway isn’t a giveaway at all. The way the agreement has been written right now is the $990,000 is protected. It’s not part of the agreement. We have a performance based contract that says if they can get additional sales tax via the Lifestyle Center we get additional money.” He also said, “The whole characterization of it being a giveaway is incorrect from a financial standpoint. This is an attempt to grow our way out of fewer sales taxes. You can’t cut your way out of a problem. You have to grow your way out of this lower sales taxes the city is getting. I support it (the agreement) now and I want to make sure our citizens know that it (a giveaway) was a total mischaracterization of how it worked.”

Serial robber arrested

Fort Bend County Sheriff’s Office deputies arrested a suspect who has robbed several businesses in Fort Bend County. On Wednesday, June 13, Sheriff’s detectives and deputies were posted at various businesses that had previously been hit by the suspect. One of the locations was the Travel Plaza that includes a McDonald’s restaurant located in the 2800 block of U.S. 59 in the Rosenberg area. At about 9:45 p.m., the suspect arrived at the

restaurant on a bicycle. He was wearing a gray hoodie pulled over his head and black sweat pants. He also had a black bandana covering his face. He walked into the restaurant and pulled a knife on the staff, forcing them to the back of the facility. A detective then entered the store and apprehended the suspect. The suspect, identified as Nikolas Reyes Garza, Jr., 23, of Rosenberg, was placed into custody without any injury to restaurant staff or deputies.

At this point, law enforcement agencies have tied the suspect to as many as seven armed robberies. Garza was charged with one count of Aggravated Robbery and is in the Fort Bend County Jail. His bond has not been set. Garza has admitted to six other prior robberies and additional charges are pending. “We are proud of the work our detectives did to catch this criminal and put a stop to his armed robberies.” said Sheriﬀ Troy Nehls.

Woman who threatened child with meat cleaver gets two years in prison

Eliza Lazarra Ford was convicted on June 7 by a jury of Aggravated Assault with a Deadly Weapon before being sentenced to a two-year prison term in an agreement with prosecutors. The 51 year-old Rosenberg woman was charged for threatening a child with a meat cleaver in 2017. According to lead prosecutor Ashley Earl, Ford was present at the victim’s home on February 25, 2017 in violation of a family court order. Jurors heard a recording of the 911 call in which the juvenile complainant reported that the defendant threatened

her with a knife during an argument. The Rosenberg Police Department responded to the call and Officer Timothy Anderson was the lead officer on the scene. The defendant’s husband testified he witnessed the assault and led officers to a meat cleaver that was used to commit the crime. Assistant District Attorney Earl commented that the quick action of the juvenile in calling 911 for assistance may have prevented the serious injury of others in the home. “A line was crossed that night – the danger was

recognized not only by the juvenile witness, but also the Rosenberg Police Department who responded so promptly to the report of violence in the home.” Ford was tried in the 268th District Court before Presiding Judge Brady G. Elliott. Aggravated Assault with a Deadly Weapon is a seconddegree felony punishable by 2 – 20 years in prison and a ﬁne up to $10,000. The defendant was probation eligible. Assistant District Attorneys Ashley Earl and Terese Buess prosecuted the case. Attorney Eric Ashford represented the defendant.

The Fort Bend County Fair is accepting entries for contestants for the Fair Queen Scholarship Contest. The number of entries accepted will be limited to 20 contestants and registration deadline is June 30th. A mandatory orientation meeting will be held on Sunday, July 15, 2018 at 2:00 p.m at the Fairgrounds in building W. “The honor of wearing the crown is a tradition. These young ladies become great friends and learn so much during their run to be queen, it is rewarding to see the contestants’ transformations. As a committee, we want each candidate’s experience to

be unique yet beneﬁcial to them for any future endeavors they choose to take,” said Lisa Reyes, Co-Chairperson of the Queen Scholarship Contest. Reigning queen, Marissa Salazar, has been busy attending events and representing as an ambassador for the Fair. Last year a new pre-determined scoring format debuted that included an essay and networking event. New this year is the registration deadline and limitation of the number of entries. The Fort Bend County Fair Queen Scholarship Contest is for females between the ages of 15 and 19 who are residents of Fort Bend County.

The competition is based on a personal interview, the essay, a networking event, community service and participation. Winners receive scholarships and prizes for their eﬀorts, as well as the opportunity to serve as a community ambassador for the Fort Bend County Fair for the coming year. Entries must be submitted no later than June 30, 2018. The 2018 Fort Bend County Fair Queen will be crowned on September 28, 2018. For more information visit fortbendcountyfair.com. The 2018 Fort Bend County Fair will run from September 28 to October 7, 2018.

Case From Page 1

who then must assess whether a violation has occurred and determine whether to pursue the matter by first notifying the governmental entity and, if not remedied, then filing an action for declaratory judgment or injunctive relief. In effect, section 552.3215 gives a complainant an avenue for seeking redress which does not require the complainant to incur the expense of filing a lawsuit on his or her own behalf: a lawsuit undertaken by, and in the name of, the state. “Thus, before this office may file an action for declaratory judgement or injunctive relief, the governmental entity must be notified and given the opportunity to remedy the violation. “The CAD advised us that it was in the process of thoroughly searching its records, including the recovery of certain records

on its computer systems, for any information responsive to your request and would be providing you with all responsive information. “We received a copy of the May 7, 2018 email to you from Irene Klein stating that all information responsive to your request has been provided. Our investigation was limited to whether the CAD provided records responsive to your request which was the subject of your complaint. This office may only file a civil suit and does not have the authority to “charge” the governmental body with any offense or penalty. “Thus, since the CAD provided you all of the records in their possession, we concluded that a suit to force the CAD to disclose the documents was not required.”

Fair Queen Scholarship contest

punitive action. In accordance with Texas Government Code § 552.3215, the Fort Bend County Attorney’s Oﬃce is charged with investigating whether the violation you alleged in the complaint was committed, and whether an action will be brought against the governmental body seeking a declaratory judgement or injunctive relief for the alleged violation. We take this responsibility seriously. “The 14th Court of Appeals has interpreted § 552.3215 as follows: In enacting TPIA section 552.3215, the Texas Legislature established a scheme through which TPIA complainants can ﬁle a complaint with a district attorney or county attorney,

Page 4 • INDEPENDENT • JUNE 20, 2018

MIKE’S MONOLOGUE

She was my teacher

By MICHAEL GRANTO When we ﬁrst moved from Miami to this senior community in Houston, I had never heard of the game Mexican Train Dominoes. After being here a short while, we heard about the group, which at that time met on Thursday afternoons at three in the afternoon. Something a wise person told us when we moved here was, “There’s plenty to do. Don’t do everything, but don’t do nothing.” My wife and I thought that this domino group might be a nice thing to do. As it turned out, it was a very nice thing to do. The group is composed of up to ten ladies, and we play on a round table at which we can squeeze nine. If we have ten people, we set up an additional table from the clubhouse. I have been the only guy in the group for a long time. My wife and I have remarked frequently that we are fortunate to have found such a group. The reason for this is the people. The ﬁrst thing I noticed on joining the group is the mutual respect; everyone seems willing to accept everyone else as presented, at face value. The other thing I noticed on joining the group is the unfailing good manners. Also, there’s a respect for the rules involved. Not just the rules of the game, but rules of conduct that men and women of our generation would have learned at our kitchen tables; be polite, be respectful, ask if someone needs something if you’re getting up to get something; that sort of thing; and men don’t cuss in front of ladies. It’s well to remember

Suit

From Page 1 authority and/or for which [he] refuse[s] to perform a purely ministerial act.” At issue in this appeal is the injunctive relief JDC/Firethorne seeks against Meyers. In its amended trial court petition, JDC/Firethorne alleged that Meyers “is inappropriately instructing the Fort Bend County Engineering Department to delay processing the Firethorne West Section 16 and 19 submitted plats and construction plans.” JDC/Firethorne alleged that in making this instruction, Meyers “attempts to exact a concession (requiring JDC/Firethorne to construct all four lanes of West Firethorne Road) which is not an express, written requirement within the Fort Bend County Regulations of Subdivisions.” Meyers filed a plea to the jurisdiction claiming that JDC/ Firethorne’s suit against him in his official capacity was barred by governmental immunity. Additionally, Meyers argued that the ultra vires exception to governmental immunity does not apply because JDC/Firethorne “has not alleged any illegal acts by him.” Meyers’s plea asserted that JDC/Firethorne’s ultra vires claim fails because “[n]othing in the Petition suggests any basis for concluding that talking to other County officials and employees regarding County business is illegal.” At the hearing on Meyers’s plea to the jurisdiction, the trial court found that Meyers “is a critical part of this entire matter because he’s inserting himself in it.” It denied the plea but allowed Meyers to reassert it after further discovery. Meyers timely appealed the trial court’s interlocutory order . The court of appeals affirmed, holding that “JDC/Firethorne’s response to the plea raise[s] a fact issue as to whether Meyers acted without legal authority for purposes of demonstrating the

Granto that most of these are Southern ladies, with finely honed sensibilities of what’s proper and what’s not. Everyone has her own train, and her own seat, and Miss Bea sat on my right. To the people in this group, there’s a difference between sitting down at the table, and being a member of the group, You need to know the rules to play the game; you need to be willing to listen more than you talk, learn the ways of the group, understand there are reasons for the way things get done, and respect those ways, to be a member of the group. You need to realize it’s more about the group than it is about you. One of the ladies that exemplified all of this, and all the best of our group was Miss Bea. She was quite a refined lady, and always had a smile for everyone at the table. She was, in terms of years, the senior member of our group, and she was a fine lady. She took me under her wing when we joined the group, coaching me on what to do, what not to do, what was a good play, and what was a not-so-good play. Session after session, week after week, she guided, coached, and counseled, until, at long last, I could fly on my own, so to speak, and become a passable player. It wasn’t obvi-

district court’s jurisdiction.” Additionally, as to whether Meyers is a “responsible government actor,” the court held that “[t]he jurisdictional pleadings and evidence, at a minimum, raise a fact issue as to whether the county engineer is violating the plat-application and plat-approval statutes and regulations at the behest or direction of Meyers.” The appeals court rejected Meyers’s argument that the ultra vires claim against him is defeated on the basis of his right to free speech. Finally, the court held that the ultra vires claim does not implicate discretionary acts by Meyers, reasoning that even though the Regulations of Subdivisions give county officials discretion regarding the design and construction of subdivision roadways, they do not “grant any discretion to a county commissioner with regard to the plat-approval process.” The Supreme Court granted Meyers’s petition for review. The Supreme court said in its opinion: The parties debate what “authority” Meyers has regarding processing plat applications in the County. Though the parties argue in terms of our ultra vires jurisprudence, the issue of whether Meyers has the power to advance JDC/Firethorne’s plat applications, and thus remedy the alleged harm upon which JDC/ Firethorne’s suit is based, is ultimately a question of whether JDC/Firethorne has standing to seek this injunction against Meyers. “In Texas, the standing doctrine requires a concrete injury to the plaintiff and a real controversy between the parties that will be resolved by the court.” The United States Supreme Court has articulated the three elements of the standing test: First, the plaintiff must have suffered an “injury in fact” The second element requires that the plaintiff’s alleged injury be “fairly traceable” to the defendant’s conduct. To establish the third standing re-

ous at ﬁrst, but Miss Bea was teaching me some other things, too, such as how to handle losing, because it was very apparent that even very good players lose more than they win. She also taught me how to handle winning. Winning or losing are both to be handled with grace and a smile. She was a friend to my wife and me. It took a little while for it to dawn on me, but even though Miss Bea taught me everything I know about playing Mexican Train Dominoes, she didn’t teach me everything SHE knows about playing Mexican Train Dominoes. Miss Bea is not with us any more. Her Lord called her home. She would have been 99 years old in August. She had been in the hospital of late, and was brought home for a short time. As the Lord would have it, she was brought back to the hospital by ambulance. Those who saw it happen said that Miss Bea was waving to her friends as they wheeled the gurney into the ambulance. Miss Bea was still teaching about living, right up to the last. She was my teacher. The seat on my right will be empty now, no matter who’s in it. (Granto is a United States Marine Corps veteran of Vietnam, awarded the Purple Heart. For over 24 years, he worked for the University of Miami Medical Campus Security Department, and retired in 2014. He moved to Missouri City, with his wife to be closer to her daughter. He can be reached at mikegranto@hotmail.com.)

quirement—often referred to as “redressability”—a plaintiff must show that there is a substantial likelihood that the requested relief will remedy the alleged injury. “We hold that JDC/Firethorne has failed to satisfy the redressability requirement as to the relief it seeks against Meyers, and thus, JDC/Firethorne lacks standing to pursue this injunction against him in his official capacity. “JDC/Firethorne’s insistence that Meyers has acted “without authority” as to the plat-application submission process betrays the deficiency in standing—if Meyers has no legal power over the processing and presentment of plat applications, then JDC/Firethorne has not shown a substantial likelihood that its requested relief will remedy its alleged injury. “The county commissioners have no authority to “present a completed plat application” to the commissioners court—the Regulations of Subdivisions delegate that responsibility solely to the county engineer. “Meyers, as a single county commissioner, cannot present a completed plat application to the commissioners court for approval, nor does he have authority, as an individual commissioner, to approve a plat application. “Because the injunction JDC/ Firethorne seeks against Meyers could not possibly remedy its alleged harm, JDC/Firethorne lacks standing to seek such relief against Meyers. “Governments cannot operate if every citizen who concludes that a public official has abused his discretion is granted the right to come into court and bring such official’s public acts under judicial review.” “The fact that a county commissioner may have “influence” as a result of his position in the hierarchy of county government is merely a political reality. “But even if such “influence” somehow contributed to Stolleis’s decision to “hold” the plat applications, this political reality does not compel the

Texas Supreme Court sides with short-term renters By EMMA PLATOFF The Texas Supreme Court has sided with short-term renters, delivering a win to Texas homeowners who hope to take advantage of websites like Airbnb and HomeAway, and likely bolstering a separate, ongoing case against the City of Austin’s short-term rental ordinance. Kenneth Tarr bought a home near San Antonio in 2012, but when his employer transferred him to Houston two years later, he began to rent it out on a short-term basis. His homeowners’ association soon took issue with that, telling him that the practice violated his deed restrictions, which said his home had to be used “solely for residential purposes.” Tarr and his lawyers argued that short-term rentals did constitute a residential purpose: Visitors ate, slept and entertained themselves as anyone would at home. The homeowners’ association countered that Tarr’s property operated more like a hotel than a home, meaning it was primarily serving a commercial purpose. “So long as the occupants to whom Tarr rents his singlefamily residence use the home for a ‘residential purpose,’ no matter how short-lived, neither their on-property use nor Tarr’s oﬀ- property use violates the restrictive covenants in the Timberwood deeds,” Justice Jeﬀ Brown wrote Friday for a unanimous court. Patrick Sutton, Tarr’s lawyer, said Friday’s ruling will apply to homeowners in homeowners associations across the state, most of whom operate under similar deed restrictions — and

conclusion that JDC/Firethorne has standing to pursue this injunction against Meyers when Meyers has no legal authority to remedy JDC/Firethorne’s alleged harm. Besides the potential First Amendment problems we foresee in limiting public officials’ communications regarding what is arguably a matter of public concern, allowing JDC/ Firethorne’s claim against Meyers to move forward on these facts would allow a plaintiff to join as a defendant any government official who may have “influence” over the primary actor with authority over the matter at issue. “JDC/Firethorne does not have standing to pursue its claim for injunctive relief against Meyers. Accordingly, we reverse the court of appeals’ judgment and dismiss with prejudice JDC/ Firethorne’s claim against Meyers in his official capacity.” The claim against Meyers in his individual capacity is not at issue in this appeal. Though Meyers filed his plea to the jurisdiction “individually and in his capacity as Fort Bend County Commissioner,” his plea argued only that the claim against him should be dismissed because it was barred by governmental immunity. The denial of that plea gave rise to this appeal. “Meyers has not filed a motion for summary judgment on official-immunity grounds on the individual-capacity claim against him. Therefore, any claim against Meyers in his individual capacity remains pending before the trial court.” In their pleadings, the parties dispute whether the plat applications for Sections 16 and 19 have been approved by operation of law because no final action has been taken within the time required by the Local Government Code or the Regulations of Subdivisions. The trial court will undoubtedly consider this in the suit against Stolleis, the County, and the Fort Bend County Commissioners Court.

its impacts may even reach further than that. “This is about as strong of a property rights type opinion as one can imagine,” Sutton said. “It is broadly applicable to [city] ordinances and to deed restrictions — it tells us what nine justices on this current court think about people using their land.” Separate from deed restrictions, there are also local ordinances on short-term rentals in place in more than a dozen Texas cities. While Friday’s ruling doesn’t directly concern those restrictions, the strong attention it gives to property rights and the court’s unanimous support for it may well bolster the case of a group of short-term renters and guests who have sued the city of Austin, alleging that its short-term rental ordinance, one of the state’s oldest and strictest, unconstitutionally infringes on their rights. In that high-profile case — which has drawn the support of Texas Attorney General Ken Paxton — a small group of plaintiffs, represented by the Texas Public Policy Foundation, argue that by restricting short-term rentals, the City of Austin prevents homeowners from using their property as they see fit, and treats shortterm renters differently than it treats long-term renters. Rob Henneke, a TPPF lawyer representing those plaintiffs, said Friday that “the Texas Supreme Court got it right.” “This is a decision affirming private property rights,” he said, noting that the reasoning in the case supports his argument against Austin’s ordinance in several major ways.

In overruling a lower court’s previous decision on Tarr’s case, the ruling removes much of the legal grounding for the City of Austin’s argument, he said. A lawyer for the city did not immediately return a request for comment. The ruling also affirms a separate short-term rental decision that supports TPPF’s side, Henneke said. The decision marks the high court’s first major ruling on this issue at a time when short-term rentals — and the restrictions on them — are being litigated across the state. While shortterm rentals have long been a reality, especially in vacation destinations, their spike in popularity thanks to web platforms like HomeAway and Airbnb has exposed holes and discrepancies in the laws that regulate them, ripening the issue for litigation across the state. Short-term rentals have also emerged as yet another local control issue in a state where Republican state leaders have moved more aggressively in recent years to override local decisions made by Democraticdominated city councils. As that war proceeds, Friday’s decision marks a major victory for the state. Disclosure: HomeAway and the Texas Public Policy Foundation has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here. — texastribune.org

LETTER

Changing city calls for new ideas

To the Editor: Missouri City is changing and improving, and these changes will likely impact the November elections. City residents need only to look at Texas Parkway and Highway 6 improvements and developments to see that Missouri City has a new, more interesting identity. No longer are residents commuting to the tired and congested retail environment of Sugar Land to do their shopping. We now have two Walmarts, two HEBs, two Krogers, and many other retail outlets to support in-city shopping. We have our own community college. The City has grown to be more independent and this vitality has increased awareness and interest among residents as to what the City’s future and destiny will be. Candidates can now see the opportunity to lead a City that is leading out and achieving rather than just looking for ways to increase patronage at the City golf course and tennis facility. So, what are the best case scenarios for Missouri City over the next ten years and where are we going? Political candidates are realizing that great opportunities exist for personal leadership to make a difference in Missouri City’s future. We have a new City Management that is not afraid to spend money. In the past, Missouri City has foregone huge, needed expenditures to improve the City so that City leaders could tout lower City taxes to get re-elected. This approach is no longer viable or even possible. The City now needs to look seriously at beautification and infrastructure improvement measures that will stimulate City pride, greater voter participation and commercial development. Future elected officials should be leading a City with a purpose. Obviously, recent events have demonstrated that this is a new era for political candidates. We need fresh ideas to combat the violence in our communities, deal effectively with extreme weather issues and implement a kinder, gentler approach to resident participation in government. We’ve seen sometimes a lack of concern about citizen issues displayed by the City Council. These are issues that will require vision and cooperation. New candidates should articulate their own views of how the City should be led in the future. All of these factors spell an exciting time for Missouri City residents as the November elections unfold. Howard E. Moline Missouri City FORT BEND FAIR. BALANCED. INFORMATIVE.

12551 Emily Court, Sugar Land, TX 77478 Mailing Address: P.O. Box 623, Sugar Land, TX 77478 Seshadri Kumar Publisher & Editor

www.fbindependent.com 281-980-6745

Fort Bend Independent, (USPS 025-572) is published every Wednesday (for a subscription rate of $20 per year) by Fort Bend Independent, LLC., 12551, Emily Court, Texas 77478. Periodicals Postage Paid at Stafford, Texas. POSTMASTER: Send address changes to Fort Bend Independent, P.O. Box 623, Sugar Land, Tx 77487.

INDEPENDENT • JUNE 20, 2018 • Page 5

Catch the Wave . . . Golf Student Success!

NEWS Land Student to Study in South Korea “fore” Sugar on U.S. Department of State Scholarship

Sitting Lina Sabouni. Kneeling: Sam Golden and Co-Chair Chris Barton. Standing L-R: Ronald Co, Robin Gill, Lynn Halford, Sue Chiang, Cecilia Buchanon, Peggy Jackson, Jessica Boota and Julie Kohler. Back Row: Ron Bailey, John Haskew, Co-Chair Jeremy Alberty and John Wantuch. For More Information contact the Fort Bend Education Foundation at 281634-1111 or visit www.fortbendisd.com/foundation. Plan now to golf fore edu- nities are available starting at zero years teaching experication in the Fort Bend Edu- $2250, along with Foursome ence to outﬁt their new classcation Foundation’s 19th An- Teams $1,000 and individual rooms. Your participation in the Back to School Scramble nual Back to School Scramble entries $275. The Education Foundation helps make our mission a regolf tournament, scheduled for Monday, August 27, at touches every school in Fort ality—to enrich and enhance Bend ISD. Since its inception, the quality of education for all Sweetwater Country Club. Schlumberger is presenting the Education Foundation has Fort Bend ISD students. For information about the the Back to School Scramble, awarded over $33 million chaired by Chris Barton and through its Grants to Teach- Back to School Scramble and opportunities, Jeremy Alberty. Chick-ﬁl-A ers and Schools program. sponsorship is providing breakfast. Your These grants enable teachers call (281) 634-1111 or email entry fee includes breakfast, to provide innovative class- carol.evans@fortbendisd. golf and cart, beverages, room projects for which tax com. For more information lunch reception and special dollars are not available and visit www.fortbendisd.com/ gifts. Sponsorship opportu- they help new teachers with foundation

Tennis court named after local Tennis enthusiast Chuck Sanchelli LAFAYETTE, Indiana — Fifty years ago, Chuck Sanchelli was Central Catholic tennis. Promised by school officials as a freshman that someday CC would field a tennis team, someday turned out to be the fall of Sanchelli’s senior year in 1968. “Oh my gosh, it was a struggle to get them to recognize tennis,” Sanchelli said Monday afternoon. “My years here, when I was playing tennis, Jefferson HS coach Jack Schult was very cooperative. He said come practice with us. He said, you want to play for Jeff? I said no, at some point CC said it would have a tennis team. “After four years, they said we’ll sponsor you for your Sectionals.” Officially, the first tennis match in Central Catholic history took place Oct. 2, 1968, when Sanchelli defeated Frankfort’s Greg Fox 5-7, 6-1, 6-2 in the opening round of Sectional play at the old Columbian Park courts. The following day, Sanchelli defeated Attica’s Eddie Tribby 6-3, 6-2 before losing to eventual champion Mike Cochran of Lafayette Jeff 7-5, 6-1 in the semifinals. The memories flowed from Sanchelli following groundbreaking ceremonies for the Rohrman Tennis Facility, an eight-court facility that will be constructed in the shadow of Gordon Leming Field. The courts are expected to be ready for use this fall. “I never thought it would happen,” Sanchelli said of the facility. “We started out with nothing here then. It’s fantastic for the school and the community. Lafayette needs this kind of facility.” Also present for the ceremony was Central Catholic’s first tennis coach. Rev. Thomas Fox didn’t exactly campaign for the job.

Chuck Sanchelli is at right. “Father Vernon said to me we’re going to start a tennis program and you’re going to be the first coach,” Fox said. “Really? “I said the only thing I know about tennis is there’s a lot of love in it. If you know tennis, that’s how they keep score.” Fox admits he was the coach in name only, that Sanchelli was the real coach when the Knights fielded their first full team of seven in 1971. At the time, Chuck was preparing to play Varsity Tennis at nearby Purdue University. “I didn’t know what to do. So I got together with Chuck and said, you’re going to be the coach and I’m going to be your chauffeur.” Today, Central Catholic has nearly 40 players in its girls and boys program. A life in tennis began for Sanchelli during the Lafayette Parks Department’s youth program. “I had some early success,” he said. “I won a tournament and a little trophy … said I had some success. Mom and Dad said find something you love and I did.” At least Sanchelli was allowed to represent Central Catholic. His sister, who would follow Chuck to Purdue as a tennis player, came

along before organized girls high school sports began in the mid-1970s. Following graduation from Purdue, Sanchelli became a tennis pro and still oﬀers lessons in the Houston area. Thanks to a surprise announcement by Dr. Casey Pickerill, representing the Central Catholic Athletic Association, Sanchelli learned that his impact on Central Catholic tennis will serve as a daily reminder for the teens who will practice and play matches at the Rohrman Tennis Facility. Court No. 1 will bear his name. Central Catholic tennis players past and present made sure to thank Sanchelli for being a pioneer following the groundbreaking ceremony. “Coming back here is coming full circle,” Sanchelli said. Chuck Sanchelli is currently Director of Tennis for Fort Bend Tennis Services in Sugar Land. He founded Fort Bend Tennis Services in 1979, which has been serving the Sugar Land and Greater Houston area for 39 years . — Ken Thompson, Lafayette Journal & Courier (Indiana) Thompson is the Journal & Courier’s sports editor.)

Melissa Anne Lee, a high school student in Sugar Land, has been awarded a National Security Language Initiative for Youth(NSLI-Y) scholarship for 2018-19 by the U.S. State Department’s Bureau of Educational and Cultural Affairs. Melissa Anne will study Korean in South Korea for the Summer. Melissa Anne, competitively selected out of over 3,300 applications from across the United States, is one of approximately 670 students who will study Arabic, Chinese, Hindi, Korean, Persian, Indonesian or Russian overseas this coming year. While in South Korea,Melissa Anne will receive formal language instruction, live with a host family and experience the local culture as part of an immersion environment. The NSLI-Y program is part of a multi-agency U.S. Government initiative launched in 2006 to improve Americans’ ability to communicate in select critical languages to advance international dialogue and increase American economic global competitiveness. The goals of the NSLIYprogram include: promoting critical language learning among American youth; enhancing cross-cultural understanding and deepening trust; sparking a lifetime of interest in foreign language and

Melissa Ann Lee culture; and developing the the University of Delaware, skills to advance international the University of North Carodialogue, compete eﬀectively lina at Charlotte, and the Uniin the global marketplace, versity of Wisconsin. promote mutual understandApplications for 2019-20 ing, and contribute to a more NSLI-Y programs are expeaceful world. pected to be available at www. NSLI-Y is administered by- nsliforyouth.org in the late American Councils for Inter- summer. national Education in cooperaFor information about all tion with AFS-USA, American U.S. Department of State exCultural Exchange Service, A change programs for AmeriMIDEAST,iEARN-USA, the can high school students, visit Russian American Founda- https://exchanges.state.gov/ tion, Stony Brook University, highschool.

Young inventors win at biannual HCC Inventathon Houston-area middle and high school students showed oﬀ their entrepreneurial talents at the 2018 Inventathon sponsored by the Center for Entrepreneurship at the Houston Community College Southwest campus. The competition’s 120 participants were tasked with crafting innovative solutions for saving and conserving energy. Twenty of the inventions were submitted for judging. First place went to Saran Chockan and Vibhor Kumar from Clements High School for their “SkyPrint” tool, which saves paper by eliminating unnecessary ads and

white space when printing online articles and content. Second-place winners are Raymond Nguyen, Varun Dixit, and Bill Rolph from Memorial High School who created and built a system that replaces regular bicycle brakes with a regenerative braking system that will allow a bike to store power and charge electronics. The third-place winners include Jeﬀerson Yu and Desai Sannidhya of Elkins High School; Amogha Pokkulandra and Arjun Bhatia from Quail Valley Middle School; and Keshav Shah from Dulles High School. The team proj-

ect was called “Energized Exhaust” and utilized a groundbreaking chemical reaction between CO2 and Lithium Nitride to fully neutralize gasoline emissions into clean air. Fourth place went to Manan Bhatia, Ibrahim Elsharkawy and Elyas Stephen of James E. Taylor High School for their invention of a battery that recharges itself when shaken. “I’m really inspired by the creative problem solving we saw from these young entrepreneurs,” said Ravi Brahmbhatt, director of student innovation and entrepreneurship at HCC. “We are really proud of everyone who took part.”

Burton Elementary students create art for litter prevention initiative

Burton Elementary Interim Principal Dr. Jill B. Gumbs with the winning students Burton Elementary recently partnered with the Teal Run GMA Home Owners Association to host the first Litter Prevention Campaign and Art Contest. More than 100 students participated in the art contest, and winners were chosen from two groups, Kindergarten through second grade and third through fifth grade. The winning Sheriffs were: Kinder – 2nd Grade 3rd – 5th Grade 1st Place Bailee Norman Jayton Carroll 2nd Place Chizara Ajuzie Madison Marcelle 3rd Place Aleeyah Barrow Chidmma Ajuzie The contest was held to bring awareness to litter prevention and to build community pride among the students. The students were asked to create posters that would help Teal Run residents avoid littering. Each winning poster would be turned into a road sign that would be posted in the neighborhood. But the students were so creative that even the runner-ups – Tai-ir Bell and Asyia Barnett - will have their posters turned into permanent signs to be displayed on campus. Each first place winner was given a $50 gift card, second place winners received a $35 gift card, and third place winners were given a $25 gift card. “Our efforts to increase school and community pride was a win-win because this project also made students’ extraordinary proud to be highlighted as artists and creative thinkers,” said Dr. Jill B. Gumbs, Interim Principal of Burton Elementary. “In addition, I was very pleased to collaborate and share this vision with the community leaders that afforded this opportunity, Mr. Steven Gates and Mr. Gregory Linkous.”

Page 6 • INDEPENDENT • JUNE 20, 2018 PUBLIC HEARING NOTICE The Commissioners Court of Fort Bend County, Texas has set a public hearing on Tuesday, July 10, 2018, at 1:00 p.m. for acceptance of the traffic control plan for Grand Lakes Subdivision at Peek Road at Emily Park Lane, and Fry Road at Rainwood Park Lane for the addition of “Right Lane Must Turn Right” signs, Precinct 3. The hearing will be held in the Commissioners Courtroom at 401 Jackson Street, Second Floor, Richmond, Texas. You are invited to attend and state your approval or objection on this matter.

Submitted by,

Laura Richard Fort Bend County Clerk

PUBLIC HEARING NOTICE The Commissioners Court of Fort Bend County, Texas has set a public hearing on Tuesday, July 10, 2018, at 1:00 p.m. for acceptance of the traffic control plan for Grand Mission Subdivision at Palomar Park Drive for the addition of “No Parking” signs, Precinct 3. The hearing will be held in the Commissioners Courtroom at 401 Jackson Street, Second Floor, Richmond, Texas. You are invited to attend and state your approval or objection on this matter.

Submitted by,

Laura Richard Fort Bend County Clerk

CITATION BY PUBLICATION VELMA AND JESUS BALTAZAR’S JOINT APPLICATION FOR APPOINTMENT OF PERMANENT CO-GUARDIANS OF THE PERSON THE STATE OF TEXAS COUNTY OF ELLIS COUNTY COURT AT LAW NO. 1

§ GUARDIANSHIP OF ALYSSA B. CANALS, A MINOR § § CAUSE# 18-G-1021

To: ELDA CANALS GALVAN, WHOSE WHEREABOUTS ARE UNKNOWN By publication of this Citation in any publication in the County of Fort Bend for one issue prior to the return day hereof, ALL PERSONS LISTED ABOVE, WHOSE WHEREABOUTS ARE UNKNOWN, you are hereby cited to be and appear before The County Court at Law No.1 of Ellis County Texas by filing with the County Clerk of Ellis County, a written contest or answer to this Velma and Jesus Baltazar’s Joint Application for Appointment of Permanent Co-Guardians of the Person filed by Velma Canals Baltazar and Jesus R. Baltazar on May 9, 2018, with regard to the matter of Guardianship of Alyssa Bianca Canals, a Minor, Cause # 18-G-1 021. This Application may be acted on by the Court at any call of the docket on or after 10:00 A.M. on the first Monday following the expiration of ten days from date of publication of this citation. If you are interested in this case you are cited to appear before this Honorable Court by filing a written contest or answer to this application with the County Clerk of Ellis County at 109 S. Jackson in the City of Waxahachie, Texas. To ensure its consideration you or your attorney must file any objection, intervention, or response in writing with the County Clerk of Ellis County, Texas on or before the above-noted date and time. Velma Canals Baltazar and Jesus R. Baltazar pray that the Court hear evidence sufficient regarding this Velma and Jesus Baltazar’s Joint Application for Appointment of Permanent Co-Guardians of the Person in the Guardianship of Alyssa Bianca Canals, a Minor, Cause# 18-G-1 021. If this citation is not served within 90 days after date of its issuance, it shall be returned unserved. Issued and given under by hand and the official seal of the County Court at Law of Ellis County, Texas at the office of the Ellis County Clerk in Waxahachie, Texas, on the 14th day of June, 2018. Cindy Polley Clerk of the County Court at Law Ellis County, Texas By: Sheryl Ground Deputy Clerk

CONSTABLE SALE Under and by virtue of a Writ of Execution and/or Order of Sale issued on February 28, 2018 by the 434th JUDICIAL DISTRICT COURT of Fort Bend County, Texas in Cause# 17-DCV-244120 in favor of the plaintiff- WINFIELD LAKES HOMEOWNERS ASSOCIATION, INC. Plaintiff, recovered judgment amount for the sum of$ 9,849.27 ++++costs as taxed on said execution and/or order of sale and further the sum of executing the same. I have levied on May 2nd, 2018 and will offer for sale on the day of Tuesday July 03 , 2018 at the County Court house steps of Fort Bend County, Texas in the city of Richmond, Texas between the hours of Ten O’clock A.M. and Four O’clock P.M., and all rights, title, interests, and claims which the said Defendant ( s) OMAR WALTERS & MISTY WILLIAMS had of in or to the following described Real Property situated in Fort Bend County, Texas; Legal Description: LOT EIGHTEEN (18), IN BLOCK ONE (1), OF WINFIELD LAKES, SEC. 18, A SUBDIVISION IN FORT BEND COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT NO. 20120095, OF THE PLAT RECORDS OF FORT BEND COUNTY,TEXAS. TIME: SALE TO BE HELD AT OR ABOUT 10:00 A.M. PLACE: 301 JACKSON ST., WILLIAM TRAVIS BUILDING, 1st FLOOR MEETING ROOM, RICHMOND TEXAS 77469. Gary Majors, Constable Fort Bend County Precinct Two By: Sergeant C. McRae #132 Deputy Constable

CONSTABLE SALE Under and by virtue of a Writ of Execution and/or Order of Sale issued on January 23,2018 by the 434th JUDICIAL DISTRICT COURT of Fort Bend County, Texas in Cause# 17-DCV-241183 in favor of the plaintiff- SOUTHWEST CROSSING HOMEOWNERS ASSOCIATION, INC. Plaintiff, recovered judgment amount for the sum of $ 4,911.48 ++++costs as taxed on said execution and/or order of sale and further the sum of executing the same. I have levied on May 8, 2018 and will offer for sale on the day Tuesday of July 3, 2018 at the County Court house steps of Fort Bend County, Texas in the city of Richmond, Texas between the hours of Ten O’clock A.M. and Four O’clock P.M., and all rights, title, interests, and claims which the said Defendant (s) - SONJA PLICHETTA AUNDEY STAR GILL had of in or to the following described Real Property situated in Fort Bend County, Texas; Legal Description: 14506 STONE PARK RD. MISSOURI CITY, FORT BEND COUNTY, TEXAS 77489, ALSO KNOWN AS SOUTHWEST CROSSING, SECTION 1 BLOCK 5, LOT 23 (THE “PROPERTY”). TIME: SALE TO BE HELD AT OR ABOUT 10:00 A.M. PLACE: 301 JACKSON ST., WILLIAM TRAVIS BUILDING, 1st FLOOR MEETING ROOM, RICHMOND TEXAS 77469. Gary Majors, Constable Fort Bend County Precinct Two By: Sergeant C. McRae #132 Deputy Constable

CONSTABLE’S NOTICE OF SALE Notice is hereby given, that by virtue of a certain Order of Sale issued by the clerk of the 240TH District Court of Fort Bend County, Texas on MAY 8, 2018 in cause numbered 14-DCV-220111 styled QUAIL VALLEY FUND, INC vs. EARL ALLEN AND CARLETTA J. ALLEN, in which a judgment was rendered on OCT 5, 2016 in favor of QUAIL VALLEY FUND, INC. for the sum of Nine Thousand Eighty -Four Dollars and Twenty Eight Cents ($9084.28); plus fees for posting notice of sale, publishing, costs of suit rendered by the court, legal fees, and all costs of executing this Writ.

CONSTABLE’S NOTICE OF SALE Notice is hereby given, that by virtue of a certain Order of Sale issued by the clerk of the 268TH District Court of Fort Bend County, Texas on MAY 8 2018 in cause numbered 17-DCV-240574 styled QUAIL VALLEY FUND, INC vs. LAYNA STEED, in which a judgment was rendered on JUNE 23, 2017 in favor of QUAIL VALLEY FUND, INC. for the sum of Three Thousand Nine Hundred Fifty Three Dollars and Ninety One Cents ($3953.91); plus fees for posting notice of sale, publishing, costs of suit rendered by the court, legal fees, and all costs of executing this Writ.

I have levied upon the below listed property on May 22, 2018 and will on July 3, 2018 Tuesday, between the hours of 10:00 a.m. and 4:00 p.m. proceed to sell for cash to the highest bidder, all the Right, Title, and Interest of EARL ALLEN AND CARLETTA J. ALLEN to and in the following described Real Property

I have levied upon the below listed property on May 22, 2018 and will on July 3, 2018 Tuesday, between the hours of 10:00 a.m. and 4:00 p.m. proceed to sell for cash to the highest bidder, all the Right, Title, and Interest of Layna Steed to and in the following described Real Property

LOT NINE (9) IN BLOCK THREE (3) OF QUAIL VALLEY SUBDIVISION,ELDORADO SECTION, A SUBDIVISION IN FORT BEND COUNTY, TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7 PAGE 1,OF THE PLAT RECORDS OF FORT BEND COUNTY, TEXAS, AND COMMONLY KNOWN AS 3522 LA COSTA RD MISSOURI CITY, TX 77459

LOT TWENTY-FIVE (25) BLOCK TWO (2) OF THUNDERBIRD WEST SECTION TWO(2) A SUBDIVISION IN FORT BEND COUNTY, TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 15 PAGE 6,OF THE MAP RECORDS OF FORT BEND COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 3411 HIGH PINE COURT MISSOURI CITY, TX 77459(PROPERTY) The above sale to be made by me to satisfy the above described judgment in favor of QUAIL VALLEY FUND, INC. Plaintiff, and the proceeds applied to the satisfaction thereof. LOCATION: FORT BEND COUNTY TRAVIS BLDG 1ST FLR MEETING ROOM 301 JACKSON ,RICHMOND, TX 77469 DATE: JULY 3, 2018 TIME: APPROX. 11:00 am BY: Sergeant M. Kutach TREVER J. NEHLS Constable Pct. 4 Fort Bend County, Texas

The above sale to be made by me to satisfy the above described judgment in favor of QUAIL VALLEY FUND, INC. Plaintiff, and the proceeds applied to the satisfaction thereof. LOCATION: FORT BEND COUNTY TRAVIS BLDG 1ST FLR MEETING ROOM 301 JACKSON ,RICHMOND, TX 77469 DATE: JULY 3, 2018 TIME: APPROX. 11:00 am BY: Sergeant M. Kutach TREVER J. NEHLS Constable Pct. 4 Fort Bend County, Texas

Employment

AUTOMOBILE: Chevrolet Traverse

Sintex Minerals & Services, Inc. seeks Process Technician to work in Rosenberg, TX, to assist in entire crushing and sizing production line for fused oxides as well as set up all screeners to provide the best quality/productivity ratio. Send cover letter w/resume to: eduardo. amaral@sintexminerals.com.

CONSTABLE SALE Under and by virtue of a Writ of Execution and/or Order of Sale issued on January 15,2010 by the 268th JUDICIAL DISTRICT COURT of Fort Bend County, Texas in Cause# 08-DCV-161578 in favor of the plaintiff- KINGSWAY COMMUNITY IMPROVEMENT ASSOCIATION, INC., Plaintiff, recovered judgment amount for the sum of$ 8,629.90++++ costs as taxed on said execution and/or order of sale and further the sum of executing the same. I have levied on May 21, 2018 and will offer for sale on the 3rd day of July, 2018 at the County Court house steps of Fort Bend County, Texas in the city of Richmond, Texas between the hours of Ten O’clock A.M. and Four O’clock P.M., and all rights, title, interests, and claims which the said Defendant (s)- SHELIA R. RHODES had of in or to the following described Real Property situated in Fort Bend County, Texas; Legal Description: LOT 11, BLOCK 01 , OF KINGSWAY, AN ADDITION IN FORT BEND COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE MAP RECORDS OF FORT BEND COUNTY, TEXAS, UNDER VOLUME 22, AS MODIFIED BY ANY SUPPLEMENTS THERETO OR REPLATS THEREOF. TIME: SALE TO BE HELD AT OR ABOUT 10:00 A.M. PLACE: 301 JACKSON ST., WILLIAM TRAVIS BUILDING, 1st FLOOR MEETING ROOM, RICHMOND TEXAS 77469. Gary Majors, Constable Fort Bend County Precinct Two By: Sergeant C. McRae #132 Deputy Constable

CONSTABLE’S NOTICE OF SALE Notice is hereby given, that by virtue of a certain Order of Sale issued by the clerk of the 268TH District Court of Fort Bend County, Texas on May 4, 2018 in cause numbered 17-DCV-239611 styled Waterview Estates Homeowners Assoc. Inc. vs. Tyrone G. Jackson, in which a judgment was rendered on November 3,, 2017 in favor of Waterview Estates Homeowners Assoc. Inc. for the sum of Five Thousand Eighteen Dollars and Twenty Seven Cents ($5,018.27); plus fees for posting notice of sale, publishing, costs of suit rendered by the court, legal fees, and all costs of executing this Writ. I have levied upon the below listed property on May 18, 2018 and will on July 3rd, 2018 Tuesday, between the hours of 10:00 a.m. and 4:00 p.m. proceed to sell for cash to the highest bidder, all the Right, Title, and Interest of Tyrone G. Jackson to and in the following described Real Property LOT 33, IN BLOCK 3 OF WATERVIEW ESTATES SECTION ONE (1), ACCORDING TO THE MAP OR PLAT THEREOF RECORDED NDER CLERK’S FILE NO. 20040042 OF THE OFFICIAL RECORDSOF FORT BEND COUNTY, TEXAS MORE COMMONLY KNOW AS 5907 BALDWIN ELM ST., RICHMOND TX. 77407 The above sale to be made by me to satisfy the above described judgment in favor of Waterview Estates Homeowners Assoc. Inc. Plaintiff, and the proceeds applied to the satisfaction thereof. LOCATION: FORT BEND COUNTY TRAVIS BLDG 1ST FLR MEETING ROOM 301 JACKSON ,RICHMOND, TX 77469 DATE: JULY 3, 2018 TIME: APPROX. 11:00 am BY: DEPUTY SHANE STEELE TREVER J. NEHLS Constable Pct. 4 Fort Bend County, Texas

CONSTABLE’S NOTICE OF SALE Notice is hereby given, that by virtue of a certain Order of Sale issued by the clerk of the 268TH District Court of Fort Bend County, Texas on MAY 8, 2018 in cause numbered 17-DCV-241365 styled QUAIL VALLEY FUND, INC vs. HEATHER R. ANDERSON, in which a judgment was rendered on OCT 6, 2017 in favor of QUAIL VALLEY FUND, INC. for the sum of Five Thousand Two Hundred Thirty -Eight Dollars and Thirty Nine Cents ($5238.39); plus fees for posting notice of sale, publishing, costs of suit rendered by the court, legal fees, and all costs of executing this Writ. I have levied upon the below listed property on May 22, 2018 and will on July 3, 2018 Tuesday, between the hours of 10:00 a.m. and 4:00 p.m. proceed to sell for cash to the highest bidder, all the Right, Title, and Interest of HEATHER R. ANDERSON to and in the following described Real Property LOT (4) BLOCK SIXTEEN (16) OF QUAIL VALLEY SUBDIVISION,ELDORADO SECTION, A SUBDIVISION IN FORT BEND COUNTY, TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7 PAGE 1,OF THE PLAT RECORDS OF FORT BEND COUNTY, TEXAS, AND COMMONLY KNOWN AS 2715 PEBBLE BEACH DR MISSOURI CITY, TX 77459(PROPERTY) The above sale to be made by me to satisfy the above described judgment in favor of QUAIL VALLEY FUND, INC. Plaintiff, and the proceeds applied to the satisfaction thereof. LOCATION: FORT BEND COUNTY TRAVIS BLDG 1ST FLR MEETING ROOM 301 JACKSON ,RICHMOND, TX 77469 DATE: JULY 3, 2018 TIME: APPROX. 11:00 am BY: Sergeant M. Kutach TREVER J. NEHLS Constable Pct. 4 Fort Bend County, Texas

By BARBARA FULENWIDER The 2018 Traverse got a major body lift inside and out with the aim of keeping passengers more comfortable and highly connected. After test driving the Traverse, I believe they succeeded in their goals. The Traverse has most comfortable seats, the dashboard isn’t cluttered yet has all knobs and buttons conveniently located, has more cargo space than all others in its class and more passenger space than three other SUVs it competes with. The new Traverse comes in the LS, LT Cloth, LT Leather, RS, Premium and High Country models. The RS and High Country are new models for 2018 with the RS being sporty and High Country the top of the line. The test drive was the RS and it comes with blackedout exterior cues and a black chrome grille that sports the Chevrolet bowtie emblem, chrome accents, LED lighting and LED headlamps. It rides on 20-inch wheels and is powered by a 3.6-liter DOHC direct injection engine that makes 310 horsepower at 6800 rpm and 266 torque at 2800 rpm. The RS can also be powered exclusively by a 2.0L turbo DOHC direct injection engine that makes 257 horsePUBLIC HEARING NOTICE The Commissioners Court of Fort Bend County, Texas has set a public hearing on Tuesday, July 10, 2018, at 1:00 p.m. for the adoption of an order imposing Thru Trucks Restriction on Satton Ranch Lane in Precinct 3 and imposing a criminal penalty for violations; and the acceptance of the related traffic control plan for Churchill Farms Subdivision for the placement of “No Thru Trucks” signs, in accordance with Chapter 251, Subchapter E, Texas Transportation Code Sections 251.151 – 251.161, Precinct 3. The hearing will be held in the Commissioners Courtroom at 401 Jackson Street, Second Floor, Richmond, Texas. You are invited to attend and state your approval or objection on this matter.

Submitted by,

Laura Richard Fort Bend County Clerk CONSTABLE’S NOTICE OF SALE Notice is hereby given, that by virtue of a certain Order of Sale issued by the clerk of the 434TH District Court of Fort Bend County, Texas on APRIL 13, 2018 in cause numbered 16-DCV-234444styled LONG MEADOW FARMS COMMUNITY ASSOCIATION INC. vs. DANIELLE MITCHELL, in which a judgment was rendered on NOV 7, 2017 in favor of LONG MEADOW FARMS COMMUNITY ASSOCIATION INC. For the sum of Nine Thousand Fourteen Dollars and Thirty Six Cents ($9014.36); plus fees for posting notice of sale, publishing, costs of suit rendered by the court, legal fees, and all costs of executing this Writ. I have levied upon the below listed property on May 17 2018 and will on July 3, 2018 Tuesday, between the hours of 10:00 a.m. and 4:00 p.m. proceed to sell for cash to the highest bidder, all the Right, Title, and Interest of DANIELLE MITCHELL to and in the following described Real Property LOT 62, BLOCK 1 LONG MEADOW FARMS, SECTION 4 A SUBDIVISION IN FORT BEND COUNTY TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF RECORDED UNDER PLAT NO. 20040049 OF THE MAT/ PLAT RECORDS OF FORT BEND COUNTY, TEXAS,MORE COMMONLY KNOWN AS 21122 AMBER CROSSING. RICHMOND, TX 77406 (PROPERTY) The above sale to be made by me to satisfy the above described judgment in favor of LONG MEADOW FARMS COMMUNITY ASSOCIATION INC. Plaintiff, and the proceeds applied to the satisfaction thereof. LOCATION: FORT BEND COUNTY TRAVIS BLDG 1ST FLR MEETING ROOM 301 JACKSON ,RICHMOND, TX 77469 DATE: JULY 3, 2018 TIME: APPROX. 11:00 am BY: DEPUTY SHANE STEELE TREVER J. NEHLS Constable Pct. 4 Fort Bend County, Texas

power at 5500 rpm and 295 lb.-ft. torque at 3000 rpm. The Traverse RS gets 20 mpg in city traﬃc and 26 on the highway. The front wheel drive SUV is paired with a nine-speed automatic transmission. All-wheel drive is oﬀered in all Traverse models. Inside the revamped Traverse are seats for eight, a second-row split/folding seat and second row captain’s chair. For more access to the third row seats, the curbside seats will tip up and slide forward. Passenger volume is 157.3 cubic feet and cargo space is 98.2 cubic feet with the second and third seats folded down. With all three seats in place, cargo room is 23 cubic feet. Maximum trailering for the Traverse with the 2.0L turbo motor is 1,500 pounds. With the 3.6-liter motor, the Traverse will haul 5,000 pounds. A powerlift gate with hands free operation is standard on the Traverse RS along with tri-zone climate control. More creature comforts include a heated steering wheel as standard on the top two trim levels, a wireless charging device and adaptive cruise control. I haven’t test driven a Chevrolet SUV in a while so was enthralled with the surround vision rear camera mirror on the Traverse RS. It allows the driver to see lanes on both sides of the lane you are in and also see what is directly behind you.

Even with this wonderful view, the lane change alert with side blind zone alert, is necessary because it keeps you put when another vehicle is advancing toward you in a side lane that you want to move into. Both safety features are excellent standard equipment, especially in relatively new vehicles which all have blind spots. Other standard features on the Traverse are heated front seats, standard rear seat reminder, key-less open and remote start, standard teen driver and 4G LTE Wi-Fi hotspot that includes three months free. The convenience and drive conﬁdence package Chevy offers RS buyers is standard and includes Chevrolet MyLink Radio with eight-inch diagonal color touch-screen and navigation, multi-color drive information center display, rear cross traﬃc alert, standard surround vision and rear park assist. The Traverse RS has been a pleasure to drive. It is a smart looking SUV that rides and drives well and I especially like its size in city and country driving. It has a MSRP of $43,045 and is a lot of vehicle for that price. It is full of safety and convenience features that many manufacturers tack on as options. Do visit a Chevy dealership for a test drive if you are in the market for a medium size SUV.

Crafters share ideas at Sugar Land Branch Library Crafting enthusiasts are invited to “BYOC: Bring Your Own Craft” to Fort Bend County Libraries’ Sugar Land Branch Library on Fridays, July 6 and 20, from 1:00 to 3:00 p.m, in the Meeting Room of the library, located at 550 Eldridge. Share tips, get ideas and inspiration, and enjoy the camaraderie of fellow crafters at this drop-in event! People of all experience levels – from beginners to advanced – who enjoy any type of crafting are invited to attend to get other crafters’ perspectives, critiques, and suggestions. Chat and network with other crafters who enjoy anything from art and needlework to woodwork and much more! Those attending should bring their projects and their own crafting supplies. Samples of the library’s instructional books, magazines, and websites on various crafts will be available. Refreshments will be provided through the generous support of the Friends of the Sugar Land Branch Library. The program is free and open to the public. For more information, call the Sugar Land Branch Library at 281-238-2140 or the library system’s Communications Oﬃce at 281-633-4734.

Download the free FBInd App from the Apple Store or Google Playstore for a pleasant reading of Fort Bend Independent on your mobile phone. NOTICE TO CREDITORS Notice is hereby given that original Letters Testamentary for the Estate of MARY ELLEN BAKUS Probate Deceased were issued on JUNE 4, 2018, in Cause No. 18-CPR-031692, pending in the County Court at Law No. FOUR (4), Fort Bend County, Texas, to: CHARLES E. BAKUS All persons having claims against this Estate which is currently being administered are required to present them to the undersigned within the time and in the manner prescribed by law. c/o: CHARLES E. BAKUS 2225 N. BELMONT RICHMOND, TEXAS 77469 DATED the 14TH day of JUNE, 2018 /Carolyn McDaniel Attorney for Charles E. Bakus State Bar No.: 13514300 911 Front Street Richmond, Texas 77469-4439 Telephone: (28 1) 342-6541 Facsimile: (281) 940-8567 E-mail: cmcdaniellawfirm@gmail.com

INDEPENDENT • JUNE 20, 2018 • Page 7

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HOUSTON METHODIST PULMONARY & SLEEP MEDICINE SPECIALISTS The physicians at Houston Methodist Pulmonary & Sleep Medicine Specialists provide a wide range of advanced pulmonary services, including in-office pulmonary function testing and a sleep lab. From comprehensive testing and diagnosis to individualized treatment plans, we can help you and your family members lead a healthier, more productive life.

We specialize in treating and managing a wide range of pulmonary and sleep disorders: PULMONARY • Asthma • Chronic Obstructive Pulmonary Disorder (COPD) • Lung Abscesses • Lung Cancer • Pleural Effusion • Pneumonia

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To schedule an appointment, call 281.201.6331. Dr. Raziuddin Ahmed offers online scheduling and same-day appointments 9 a.m. – 1 p.m., Monday–Thursday. Visit houstonmethodist.org/spg to schedule an appointment online. Raziuddin Ahmed, MD

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Page 8 • INDEPENDENT • JUNE 20, 2018

Congratulations to the Class of 2018, and to all of our students and staff for an exceptional year! The strength and resiliency demonstrated by our community is truly phenomenal. We are proud to be Fort Bend ISD!

STATE CHAMPS Marshall High School track team wins 2018 Texas 5A UIL Track and Field Championship, earning its third track and field championship in four years

Clements High School wins 2018 Texas 6A UIL Academic Championship, earning its sixth academic championship over the past 11 years

Dulles High School’s Marlee Zein wins 2018 Texas Girls Singles 6A UIL Tennis Championship

THE BEST ALL AROUND

Fort Bend ISD wins the 2018 H-E-B Excellence in Education Award for large School District, $100,000 grand prize.

2018 LARGE DISTRICT WINNER FORT BEND ISD

For more information about the great things going on in Fort Bend ISD, including student and staff accomplishments, please visit www.fortbendisd.com. www.FortBendISD.com

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