WHY did the Somervell County Judge and ALL Commissioners Vote to make themselves a board? Somervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas


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Audio-The Somervell County March 10 meeting with SRO2 is on the county website

WHY did the Somervell County Judge and ALL Commissioners Vote to make themselves a board?
 


13 March 2014 at 11:05:21 AM
salon

Here's the audio from the meeting, .  Here is a rough transcript   and here's what that Pig in a Poke with Sr20 actually is. And here is the meeting agenda. Here is how this was listed on the March 10 2014 Somervell County Commissioners Court aqenda

Here is the agreement to create the Paluxy Public Facility Corporation.  (Hat Tip to JS for finding this document). And here are the relevant parts of the agreement that the commissioners and Mike Ford voted for, to make themselves into a public corporation for the purposes of ISSUING BONDS. Since SR20's credit stinks, would it be Somervell County that would get the bonds? Yes, we can say that SR20 would use the *ability* of Somervell County to get bonds to push for investors (sounds like con game, doesn't it? Call it The Grifters of Somervell County)

What does the Texas law say?


 

LOCAL GOVERNMENT CODE

 

TITLE 9. PUBLIC BUILDINGS AND GROUNDS

 

SUBTITLE C. PUBLIC BUILDING PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT

 

CHAPTER 303. PUBLIC FACILITY CORPORATIONS

 

SUBCHAPTER A. GENERAL PROVISIONS

 

Sec. 303.001. SHORT TITLE. This chapter may be cited as the Public Facility Corporation Act.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.

Sec. 303.002. PURPOSE; CONSTRUCTION. (a) The purpose of this chapter is to authorize the creation and use of public facility corporations with the broadest possible powers to finance or to provide for the acquisition, construction, rehabilitation, renovation, repair, equipping, furnishing, and placement in service of public facilities in an orderly, planned manner and at the lowest possible borrowing costs.

(b) The legislature intends that a corporation created under this chapter be a public corporation, constituted authority, and instrumentality authorized to issue bonds on behalf of its sponsor for the purposes of Section 103, Internal Revenue Code of 1986 (26 U.S.C. Section 103). This chapter and the rules and rulings issued under this chapter shall be cons1d according to this intent.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.

Sec. 303.003. DEFINITIONS. In this chapter:

(1) "Board of directors" means the board of directors of a corporation.

(2) "Bonds" includes notes, interim certificates, or other evidences of indebtedness of a corporation issued or incurred under this chapter.

(3) "Corporation" means a public facility corporation created and existing under this chapter.

(4) "Credit agreement" means a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitment to purchase bonds or sponsor obligations, purchase or sale agreement, or commitment or other contract or agreement authorized and approved by the board of directors of a corporation in connection with the authorization, issuance, incurrence, sale, security, exchange, payment, purchase, or redemption of bonds or interest on bonds.

(5) "Director" means a member of a board of directors.

(6) "Housing authority" means a public corporation created under Chapter 392.

(7) "Public facility" means any real, personal, or mixed property, or an interest in property devoted or to be devoted to public use, and authorized to be financed, refinanced, or provided by sponsor obligations.

(8) "Resolution" means a resolution, order, ordinance, or other official action by the governing body of a sponsor.

(9) "School district" means a political subdivision created under Section 3, Article VII, Texas Constitution.

(10) "Special district" means:

(A) a district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution;

(B) a hospital district or authority; or

(C) a junior college district authorized by Chapter 130, Education Code.

(11) "Sponsor" means a municipality, county, school district, housing authority, or special district that causes a corporation to be created to act in accordance with this chapter.

(12) "Sponsor obligation" means an evidence of indebtedness or obligation that a sponsor issues or incurs to finance, refinance, or provide a public facility, including bonds, notes, warrants, certificates of obligation, leases, and contracts authorized by Section 303.041 and Subchapter C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.

And what about that part of the IRS code that the document makes reference to? YOu see, this, they CANNOT issue these bonds to a private entity without a PUBLIC HEARING. Mike Ford at it again

RS issues proposed regulations on the TEFRA public approval requirements applicable to tax-exempt private activity bonds


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Comments!  
1 - pharper   14 Mar 2014 @ 12:28:45 PM 

This is why...they issue a bond, which means they are asking people to loan them money. People loan them money, they build the facility. Now each year they have to make interest payments on that bond to the bondholders. At the end of the note the principal has to be paid back to the bondholders as well, a note to keep in mind. Their hope is that this company makes it and they make money enough to make the interest, and principle when it is due, through these fees for the tires and the lease. This is a hope...not a fact of what will happen and the commissioners are counting on it.

 Now let's say the company doesn't do well or worse fails or declared bancruptcy, then you have the interest payments that are due with no income. Guess who will end up footing the bill? The same ones who got stuck with it by doing the same thing with the Expo Center and the Medical Center and the Ampitheater? This is a tune they keep playing because the commissioners are willing to just go along with what Somervell County Judge Mike Ford, who is in the process of moving outside the county to Pecan Plantation from what I hear, wants them to do. What does Mike care...he will be neighbors with Gary Marks, who moved outside the county to Pecan Plantation in 2013, who helped create the tax we are all now paying while they sit back and don't pay it while enjoying our healthcare facilities we are paying for in Hood County. They won't care what happens because they won't be paying it. So why do the commissioners think this is a good idea? Why are they voting to do this? Why does the county need another money pit? I can't tell you why as I have no idea what they are thinking except they are just sheep following whomever will lead them. It's time for some changes at the county commissioner level for sure!!


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2 - salon   14 Mar 2014 @ 6:56:37 PM 

Except in this case these are non-recourse revenue bonds that means the bondholder is taking the risk and the county has none, if the business should fail because it's based on revenue only. Somebody asked SR20 why anybody would even buy a non-recourse revenue bond, I mean, it sure seems like you'd want to go after somebody if you didn't make your investment, but one reason is that the interest rates are pretty high. Some might even call them akin to junk bonds.


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3 - salon   28 Nov 2014 @ 10:52:06 AM 

Just remembering this again. Some months back I asked one of the county commissioners, since SR2O and that whole grifter bunch was roundly stopped, if the Paluxy etc corporation was stopped. According to the commish I spoke with, he tried to put that on the agenda but Mike Ford told him to wait until after the whole thing was done and THEN cancel it. Frankly, that made zero sense to me. Is it REALLY that at any time a commissioners court cannot vote to STOP doing what they're doing? They MUST complete the process and ONLY THEN reverse it? I haven't looked for months, obviously, but would like to know if the commissioners really got rid of this or it's still an entity. If so, WHY? 


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4 - concernedcitizen   29 Nov 2014 @ 10:23:42 PM 

VERY GOOD question since Mike Ford was part of the PFC. Must comment he pushed hard and fast and it was implement unlawfully. Easy enough to prove. No one can change facts or history and it's all documented!


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5 - salon   2 Dec 2014 @ 10:07:21 AM 

@concernedcitizen- With you except that I don't believe any part was conducted unlawfully. It's not illegal for Mike Ford to do special invites for a selected group of people while at the same time holding an open meeting or to make pretexts to prevent corporations being formed from being dissolved, it just, in my book, smacks of impropriety.


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