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TriciaKrenek.com
E X P E R I E N C E ✯ T R U S T ✯ R E S U LT S VOL 12 No. 41
email: editor@fbindependent.com
Pd. Pol. Adv. by the Tricia Krenek Campaign
Phone: 281-980-6745
www.fbindependent.com
FORT BEND FAIR. BALANCED. INFORMATIVE. WEDNESDAY, OCTOBER 9, 2019
P. O.BOX 623, SUGAR LAND, TX 77487-0623
Official newspaper of Fort Bend County, Missouri City & Stafford
Appeals court sides with FBISD on abandoned cemetery By SESHADRI KUMAR A three-judge panel of the Houston Court of Appeals issued an opinion validating Fort Bend ISD’s legal actions regarding the Sugar Land 95 on Thursday. “The panel agreed that the District had the right to nonsuit the case and that District Court Judge Jim Shoemake abused his discretion when he appointed a master of chancery and an ad litem, concluding that the appointments were invalid,” FBISD said in a statement. The appeals court in its order said: “We agree with FBISD that its filing of its nonsuit of the underlying suit to remove the cemetery dedication mooted all proceedings pending in the underlying suit in the trial court except as to the assessment of court costs. Accordingly, the trial court lost jurisdiction to act on the merits of the proceeding. We hold that the nonsuit moots FBISD’s original mandamus petition challenging the November 2018 appointment of the Master, and we therefore dismiss the original mandamus petition. “We further hold that the trial court’s appointment of the Guardian ad Litem and reappointment of the Master are both ineffective because these appointments occurred after FBISD nonsuited the underlying proceeding. We therefore conditionally grant FBISD’s two supplemental
mandamus petitions and order that the trial court vacate these two orders. “As no parties with interests adverse to FBISD had intervened or been named by the trial court as additional parties at the time of FBISD’s nonsuit, even under the expanded powers accorded the court by the June 10, 2019 amendments to chapter 711, the nonsuit was effective from the moment it was filed under the plain language of Rule 162 and controlling case law, and the trial court had a ministerial duty to dismiss the suit. “We dismiss FBISD’s original mandamus petition as moot, and we conditionally grant FBISD’s two supplemental petitions for mandamus relief. We lift the stay orders imposed by this Court on December 20, 2018, August 6, 2019, and August 8, 2019, and direct the trial court to vacate its July 26, 2019 order appointing the Guardian ad Litem and its August 6, 2019 order reappointing the Master in Chancery and to issue an order dismissing the underlying proceeding. “We are confident the trial court will promptly comply. Accordingly, our writ will issue only if the trial court does not comply within thirty days of the date of this opinion. All pending motions are dismissed as moot.” The District is moving forward with its plan to reinter the remains of the 95 individuals discovered during
2019 Sugar Plum Market
the construction of the James Reese Career and Technical Center. It has contracted with a local funeral home to procure appropriate burial vessels and is planning a communitybased memorial to honor and memorialize the Sugar Land 95. The remains will be reinterred to the same locations they were discovered. “We are grateful for the opinion of the appellate court that supports the actions taken by Fort Bend ISD,” said FBISD Board President Jason Burdine. “We look forward to memorializing and honoring the Sugar Land 95 with our community, and our continued work to ensure their lives are not forgotten. Crossing this hurdle now allows us to move forward to finalizing our ongoing negotiations with the county regarding the future conveyance of the land.” Fort Bend ISD will share more information about reinterment and the pending memorial service once plans are finalized. In May of 2019, the FBISD Board of Trustees adopted a Front Row: Parita Kurian, Heather Allen, Jenna Kisner. Back Row: Megan Schlafer, Cindy Reaves local social studies standard The 2019 Sugar Plum Market Bend Junior Service League Sugar Plum Market spirit shirt. related to the state-sanctioned will kick off the JOYful holiday in an effort to spread Joy to To check out this years spirit convict-leasing system and the season at the can’t miss premier the World right here at home. attire and other market goodies local history associated with the holiday shopping event of Fort A limited quantity of Preview please visit stores.inksoft.com/ Sugar Land 95. All Bend County! Presented by Night tickets will be available sugarplum/shop/home. This standard was the Fort Bend Junior Service for $75 and include light orders received by October 25th incorporated into the curriculum League (FBJSL) and Title hors d’oeuvres provided by will be mailed and received by at the beginning of the 2019-20 Sponsor, Memorial Hermann Behind the Bash Catering, a November 6th. Orders placed school year. Sugar Land, this year’s “Joy drink ticket, and Market entry after October 25th may not be to the World” themed Market Friday and Saturday. Preview received by Sugar Plum Market is just around the corner. The Night will host other exclusive Event. The 2018 Sugar Plum 19th Annual Market will take happenings including a Kendra place at the Stafford Centre Scott jewelry pull, specialty Market raised a record-breaking Performing Arts Theatre and cotton candy by Twirl, and $335,000 for local charitable Convention Center Friday, delicious sweets provided by organizations. The 2019 Market November 8th from 9 a.m. to 8 Kilwins Sugar Land Town will once again benefit numerous p.m. and Saturday, November Square. General Admission Fort Bend County charities and 9th from 9 a.m. to 5 p.m. A tickets will be available for continue to spread JOY. For special Preview Night will be both presale, $12, and at the more information, including held from 6 p.m. to 10 p.m. door, $15. Preview Night and sponsorship and underwriting on Thursday, November 7th. General Admission tickets opportunities, please visit This VIP event allows patrons can be purchased online at w w w. s u g a r p l u m m a r k e t . to shop the Market before the www.sugarplummarket.com. com or contact the Sugar Market Co-Chairs general public. General Admission tickets are Plum For an exceptional holiday also available at your local by email at information@ shopping market teeming with HEB. You do not want to miss sugarplummarket.com. top notch vendors, join Fort out on your chance to order a
Flood control district president ousted in “political coup”
By SESHADRI KUMAR Even as various government entities are gearing up to spend billions of dollars in the name of flood protection and mitigation all over Texas, the Texas Legislature has quietly enacted a new law with little public discussion. House Bill 2202 that took effect on Sept. 1 would do nothing to tackle flooding issues, but would enhance the control of politicians and lobbyists in managing the Levee Improvement Districts. While increasing the number of appointees from three to five, the law makes it next to impossible for the taxpayers to choose their levee board directors by election instead of appointments by county commissioners. Previously, 10 percent of people who voted in the immediate past election could sign a petition seeking election of the board directors instead of commissioners court appointing them. Under the new law, the petition to call for an election requires the signature of at least 10 percent of the registered voters in the district. For example, in Fort Bend County LID No. 2, there
were 18,590 registered voters during the May 4, 2019 bond election. And 1,952 people cast their ballots. Under the old law, a petition with 196 signatures was sufficient to trigger an election of the board of directors. Under Andre McDonald the new law, directors. at least 1,860 What constitutes the concerns signatures are needed to call for an election, nearly 10 times and ambiguity are not disclosed. The genesis of this bill, more or as many as those who however, could be traced to voted in the previous election. Why was this law changed previous years. The LIDs operated almost incognito and and who was behind it? The only available public the general public would not record on this bill says: know much about their LID Concerns have been raised directors. Concerned about the regarding ambiguity in the apparent lack of accountability application of certain provisions of these taxing entities, the relating to levee improvement legislature had allowed for districts and the process for election of the LID directors the initial election of district based on petition drives. directors. H.B. 2202 seeks Consequently, a few LIDs in to address this ambiguity by Fort Bend country switched to revising provisions relating to the electoral system a few years the appointment and election ago. See COUP, Page 3 of levee improvement district
County Tax Office hosts Property Tax Seminar The Fort Bend County Tax Office, in conjunction with the Fort Bend Central Appraisal District, is hosting a Property Tax Seminar on Saturday, October 19, 2019 from 10:00 a.m. to noon at the George Memorial Library in Richmond. Presentations will be given by the Honorable Carrie Surratt, Fort Bend County Tax AssessorCollector, and Jordan Wise, the newly appointed Chief Appraiser of the Fort Bend Central Appraisal District. A legal representative will also be on hand to answer taxpayer questions regarding delinquent taxes and payment options. Seminar attendees can expect to gain an end-to-end understanding of the property
tax process: how the Fort Bend Central Appraisal District assesses property values, the process for property owners to protest assessed property values, examples of exemptions for which property owners may be eligible, and the benefits and/ or potential relief that comes with various tax exemptions. The seminar will also review how property taxes are calculated for individual properties. Ms. Surratt will cover how taxing jurisdictions generate and adopt effective tax rates, as well as the process by which the Tax Office calculates the overall tax levy for each property account. This will include any reductions to the base levy because of eligible exemptions. Finally
the presentation will review the accrual of penalties and interest from delinquent taxes, payment options for property owners whose taxes are in arrears, and potential legal remedies the county and/or other tax entities may seek for unpaid property taxes. Charles A. “Chip” Sutton, Capital Partner with Linebarger Goggan Blair and Sampson, LLP, will be on hand to answer individual questions from property owners relating to delinquent property taxes. All current and potential property owners in Fort Bend County are encouraged to attend the seminar and obtain a broader understanding of the appraisal and property tax process.