Fort Bend Independent

Page 1

VOL 5 No. 34

Phone: 281-980-6745

www.fbindependent.com .fbindependent.com ww

WEDNESDAY, AUGUST 22, 2012

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

Official newspaper of Fort Bend County, Missouri City & Sugar Land

Sugar Land Superstar 2012

Roger Clemens Joins the Skeeters. The Sugar Land Skeeters scheduled a press conference at 11 a.m. on Tuesday, August 21st announcing the signing of Roger Clemens. The seven-time Cy Young Award winner and former Astros pitcher will join the team at Constellation Field on Friday night and is expected to make his first start on Saturday at 7:05 p.m.

County keeps tax rate unchanged; Sugar Land plans for tax increase

Sugar Land Town Square recently hosted its seventh summer of Sugar Land Superstar. The judges named four finalists (L-R): 2012 Superstar Lauryn Harris; third place winners Mason Bynes and Kathleen Nguyen; and second place winner Micaela Garza. Harris impressed the audience and judges with her rendition of Adele’s “Lovesong.” Micaela Garza, who sang an emotional version of “If I’m Not in Love With You” by Faith Hill, finished in second place. For the first time in the history of the competition, the judges awarded a tie for third place to finalists Mason Bynes and Kathleen Nguyen. Bynes sang “Fool That I Am” by Etta James; Nguyen played her guitar and sang an original song. Superstar Harris won a prize package with items from Sugar Land Town Square retailers and restaurants valued at over $400. The second and third place winners were awarded flowers at the conclusion of the event, and all four performers will have the opportunity to sing at upcoming Town Square events.For more information on upcoming events at Sugar Land Town Square, visit www.SugarLandTownSquare.com.

Birds of Fort Bend: Little Blue Heron The Little Blue Heron changes dramatically in its appearance from white to slate blue. The fledgling and juvenile Little Blue Herons are white for about one year. Shown in the photo, they enter a calico or “tie-dyed” slate blue and white stage until they reach adult plumage, which is slate blue with a “muddy” purple to maroon head and neck. This species is the only heron that makes a white to slate blue change. During the initial white stage, the Little Blue Heron flocks with Snowy Egrets. Photo courtesy of international birder and photographer Margaret Sloan. To see more photos, visit http://traction.typepad.com/birds

Over 3,000 Texas organizations lose tax exempt status in 2012 By LAUREN PINKERTON At least 90 tax exempt organizations are in Fort Bend County which is listed in the top ten Texas Counties for revocations of their non-profit status by the IRS between January 1st and July 9th of 2012. This is a continuation of challenges being faced by nonprofits in the face of tighter IRS regulation and scrutiny particularly relating to timely filing of various forms. The organizations join over 390,000 more nationwide that have had their tax exempt status revoked between June 9th and December 31st of 2011 for a total of over 440,000 organizations nationwide. Many of these organizations may not even be aware that they have lost their tax exempt status. Special rules are in effect for these organizations. However, once stripped of their tax exempt status non-profits can be put into a variety of difficult situations until they have either restored it or ceased operations. What does this all mean? •Donations made to the organization may no longer be allowed as charitable deductions. Donors may or may not be aware of this before filing their own returns. •Revenues received by the organization may become tax-

2012 Tax Exempt Status Revocations through July 9th Ex: Most by Texas County

Ex: Most by Texas City HOUSTON

376

SAN ANTONIO

205

DALLAS

190

FT WORTH

86

AUSTIN

72

EL PASO

38

CORPUS CHRISTI

36

PLANO

36

LUBBOCK

35

ARLINGTON

34

TYLER

33

SUGAR LAND

27

RICHARDSON

26

GARLAND

24

WACO

24

Top 15

HARRIS DALLAS BEXAR TARRANT TRAVIS FORT BEND DENTON COLLIN GALVESTON NUECES Top 10

569 374 250 219 145 90 86 70 61 49 1,913 56%

Most Revocations by State CALIFORNIA TEXAS NEW YORK FLORIDA PENNSYLVANIA OHIO ILLINOIS MICHIGAN GEORGIA N CAROLINA Top 10

4,864 3,437 2,926 2,574 2,119 1,991 1,946 1,647 1,586 1,479 24,569 50%

1,242

36%

able. •The organization will have to re-file for tax exempt status in a potentially lengthy and expensive process which includes IRS filing fees of up to $850. Retroactive action is not guaranteed.

Visit fbindependent.com to get the complete list. Visit http://g3.imapbuilder. net/_map/?s=90256b356195eb 832825929231f679fe&m=124 27for an interactive map.

10701 Corporate Drive, #282, Stafford, TX 77477 Mailing Address: P.O. Box 623, Sugar Land, TX 77487 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., 10701 Corporate Dr., #282, Stafford, Texas 77477. Periodicals Postage Paid at Stafford, Texas. POSTMASTER: Send address changes to Fort Bend Independent, P.O. Box 623, Sugar Land, Tx 77487.

By SESHADRI KUMAR Fort Bend County Commissioners Court last week decided to keep the county property tax rate at the current level with no change, while the City of Sugar Land proposed a 0.65 cent increase in the tax rate, resulting in an average $21 increase in city tax bills. The taxable value this year for Fort Bend County is $41.18 billion compared to last year’s $39.81 billion, a 3.4 percent increase. The proposed Fort Bend County Tax Rate of $0.48 will generate $193 million in property tax revenues, while the Drainage District’s tax rate of $.019 will generate $7.5 million in property tax revenue. Total revenue from sources other than property tax is estimated to be $41.75 million. The total tax rate of $0.49976 has been unchanged since 2009 when it dropped from $0.51674. County’s recommended FY 2013 budget is 0.88 percent

Public hearings The City of Sugar Land has planned two public hearings on the proposal to increase total tax revenues, The first public hearing will be held on Aug. 28, at 5:30 p.m. at Sugar Land City Hall, 2700 Town Center Blvd N., Sugar Land, TX 77479. The second public hearing will be held on Sept. 4, at 6 p.m. at Sugar Land City Hall. The county will hold public hearings on the proposed 2012 tax rate on Thursday, Aug. 23, at 5:30 p.m. and on Tuesday, Aug. 28, 2012, at 1 p.m. in the Commissioners Courtroom, 7th Floor, Wm. B. Travis Building in Richmond. Public hearings on the FY 2013 Proposed Budget for Fort Bend County will be conducted on Monday, Sept. 10, at 5:30 p.m., and on Tuesday, Sept. 11, at 1 p.m. in the Commissioners Courtroom, 7th Floor, William B. Travis Building in Richmond. less than the 2012 adopted budget and is currently at $249.87 million. The proposed county budget will be filed on Sept. 4, so it is possible the above budget may change slightly up or down before the budget is filed, says Pamela Gubbels, Fort Bend County’s director of finance and investments. Sugar Land’s Financial Management Policy Statements provide direction to base

the City’s budget on revenues equal to the effective tax rate plus 3 percent. The proposed tax rate is calculated to be the City’s effective tax rate plus 2 percent. The 2012 tax roll provides a 1 percent increase from revaluation, so a 2 percent increase over the effective tax rate nets a 3 percent increase in the average residential tax bill. See TAX RATE, Page 3

FBISD trustee accused of violating Texas Open Meetings Act By SESHADRI KUMAR A Sugar Land resident has filed a complaint against Fort Bend ISD Trustee Bruce Albright alleging that Albright violated the Texas Open Meetings Act. Joe M. Davis of The Davis Law Firm in Boerne, representing Nancy Dunham of Sugar Land, filed the complaint with Fort Bend County Attorney Roy Cordes and District Attorney John Healey on June 28. At the June 11 board meeting Albright made a motion to accept the recommended “Attendance Boundary Changes” and added a proposal to construct Elementary School No. 46 for opening in 2014. The posted agenda caption read: Consider proposed attendance boundary changes for optimum building utilization within the district. Amending this motion to include “the addition of Elementary School 46” is a direct violation of the Act as a proposal to construct a new school was not included in the Public Notice issued prior to the meeting, Davis said in the complaint. The public was therefore not made aware in advance of the meeting that a proposal of such significance - the building and staffing of a new school - was going to be considered by the board, according to Davis. “The complaint reflects a fundamental misunderstanding of what transpired at the meeting and applicable provisions of Robert’s Rules,” replied Richard A. Morris of Roger, Morris, & Grover,L.L.P., representing Fort Bend ISD. Jim Rice, acting as the chair at the meeting in question, did not read any motion relating to Item 10D. Instead, as is the common practice of the Board, he read a summary

of the relevant agenda item, after which he invited his fellow board members to make a motion. Albright then made a motion that was seconded, debated by board members in attendance, and voted upon. “Mr. Albright’s motion was the only motion considered by the Board on Item 10D and no subsidiary or incidental motions were made to his motion. These facts can be confirmed by reviewing the recording of the meeting in question, which is publicly available at the following link: http:// www.fortbendisd.com/boardvideo/120611/120611.htm,” Rogers said. Texas courts do not require that governmental bodies give notice of all the consequences that may flow out of consideration of a particular subject. Provided that action taken by a governmental body is in any way related to the subject under discussion there is compliance with the OMA’s notice provisions, Morris said. The Board’s vote to approve moving forward with construction of a school was relevant to, and flowed from, its consideration of the building utilization committee’s recommendation and the Board majority’s belief that implementation of the recommended boundary change would not alone prevent need of constructing a new school, he said. Prior to the District’s receipt of the June 28th complaint from the county attorney’s office, the Board president had determined to place consideration of the proposed boundary changes and Elementary School No. 46 on the agenda again for its regular board meeting in August. Consideration of these items at the August meeting should moot any need for

your office to issue any opinion that the Board’s prior action is voidable, Morris said. (The board again considered the boundary changes and construction of Elementary school No. 46 at the Aug. 13 meeting. The school construction was approved 4-3 after discussion) “Mr. Morris’ interpretation of the cases cited with regard to the complaint are wrong, as underscored by more recent court rulings,” Davis said in his rebuttal. In, Cox Enterprises, Inc., d/b/a the Austin AmericanStatesman v. Board of Trustees of the Austin Independent School District, the Supreme Court of Texas found that a governmental body: ―cannot be permitted to completely eliminate the public’s right to be notified with reasonable specificity of the subject matter to be considered at a meeting of a governmental body, particularly when the subject is one in which the public can reasonably be expected to have a special interest. The Court found that the Board of Trustees of Austin Independent School District, ―did not provide full and adequate notice, particularly where the subject slated for discussion was one of special interest to the public. Disclosure of a proposal to construct Elementary School #46 was simply not included in the Public Notice. The public was therefore not made aware in advance of the meeting that a proposal of such special interest to the public– the building and staffing of a new school – was going to be considered by the Board., Davis said. Mr. Morris claims that the Board is not in violation of the TOMA regarding the Agenda Item 10D. See TRUSTEE, Page 3


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