The Llano Ledger
Newsletter Text V56
This Website Is Full. Starting With The December 25, 2000
Newsletter, All Future Editions Will Be Posted In The Llano Ledger 2,
Found By Clicking http://maxpages.com/llanoledger2.
BANNER ADVERTISING PAYS ONLY FOR WEBSITE
Publisher's Note: Since the Monday, September 4, 2000 Newsletter falls
during the Labor Day weekend, posting has begun early. Be sure,
however, to read the current August 28, 2000 Newsletter found on
Newsletter Text V55. This website is over 85% full. To conserve space,
the Lawson Deposition is continued in the Llano Ledger 2 and can be
found by clicking http://maxpages.com/llanoledger2.
*************September 4, 2000***************
Would you sign a contract not clearly dated? What about one on
which the first line your name was incorrectly spelled? Incredibly, the
Texas Association of Realtors Commercial Unimproved Property Earnest
Money Contract signed by Llano Bay Health Care Board President Wade
Hutto and property owner Michael Joseph had no clear date.
Interestingly, Mr. Joseph's first name was misspelled.
The only clue to the date is on p.4 of the 9-page contract
(including a separate "Special Provisions" Exhibit "A" addendum) under
Item 7(b): "Inspections and Feasibility Studies: Within 120 days from
April 24, 2000 Buyer, at Buyer's expense, may complete or cause to be
completed inspections of the Property (including any improvements) by
inspectors of Buyer's choice. Inspections may include but are not
limited to: (i)physical property inspections; (ii)economic feasibility
studies; and (iii)any type of environmental assessment or engineering
study including the performance of tests such as soils tests or air
sampling."
Interesting, isn't it? Executive Secretary Karen Kinard was
questioned and immediately placed a call to Wade Hutto. The contract
date is indeed April 24, 2000. The Sales Price of the 30-acre property
is $480,000.00 or $16,000/acre. A $10,000 Earnest Money deposit was to
be made with Highland Lakes Title Company, Inc., Marble Falls.
As asserted in an earlier edition, Mr. Joseph has been repeatedly
mentioned in Board minutes regarding not only the proposed Marble Falls
Community Hospital, but the Imaging Center as well. Access to further
records has been sought in an effort to determine precisely the nature
of the relationship between Mr. Joseph and Hospital officials. For now,
consider the following three Special Provisions from the Exhibit "A"
addition to the contract:
"5. If Buyer such makes such request, Seller agrees to owner
finance $405,000.00 of the purchase price. The note will be secured by
a first lien upon the subject property; will bear interest at the rate
of 9%; interest will be payable monthly and the full balance of
principal and unpaid interest shall be due and payable three months
after the date of said note."
"7. It is expressly agreed and understood that Sonja Steakley is
the owner of an approximate 8 acre tract which lies adjacent to the 30
acre tract which is the subject of this contract. In the event Seller
acquires said property, Buyer shall have a right of first refusal to
purchase said property from Seller."
"8. All engineering, surveys and due diligence shall be the property of Seller should Buyer fail to close on the property."
Item 8 is particularly disturbing for several reasons. According to
the contract, the cost of engineering and Buyer's due diligence is to
be fully borne by the Hospital, not Mr. Joseph. Survey costs will
apparently be shared: "(b)(ii)Seller, at Buyer's expense, shall furnish
to Buyer a survey of the Property dated after the Effective Date of
this contract, provided Buyer shall receive a credit for 50% of the
cost of the survey at closing."(p.4)
According to Item 8 of Exhibit "A", the engineering, survey, and
due diligence become property of Mr. Joseph should the Hospital fail to
close on the real estate. Why? After all, the Hospital is fully paying
for the engineering and due diligence, and apparently half of the cost
of the survey. -- Provided the Hospital closes on the contract.
Otherwise, LMHS pays the entire cost of the survey. Why is the Seller
benefiting in such fashion should the deal fail? It is also not clear
from the wording whether the engineering study is included in this
provision. If so, it may indeed make access to these public documents
more difficult under the Public Information Act should the Hospital
fail to close on the property. Readers will recall access to the
engineering study and survey has already been sought in a pending Open
Records Request posted in an earlier edition (Newsletter Text V55).
There will be much more to come as the investigation continues.
In response to a highly questionable but courteous encounter on Hwy
29 in Llano, Saturday, August 26, the following message to the Chief of
Police was sent Monday, August 28:
James Schilling
Chief of Police
Llano, Tx. 78643
Dear Chief:
I hope you're doing well. It was brought to my attention Saturday
afternoon by two of your officers hitchhiking is not lawful within
Llano city limits. Would you kindly identify the City Ordinance,
please? Thank you for your time and consideration.
Sincerely,
Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
Rt 2 Box 464A
Buchanan Dam, Tx. 78609
********************************
The following message was quickly received Tuesday, August 29 in response:
Mr. Chorney:
It is not unlawful to hitchhike in the City of Llano.
I will address this with the officers in my department.
Thank you for your input.
Chief Schilling
********************************
The following letter was received from the General Services Commission, Saturday, September 2, 2000:
General Services Commission
P.O. Box 13047
Austin, Tx. 78711
August 28, 2000
Via Certified Mail #Z078181040RRR
RE: COMPLAINT OF OVERCHARGES-TIM CHORNEY
Dear Mr. Patton:
The General Services Commission has received a complaint against
the Llano Independent School District. The complaint alleges that the
District is attempting to overcharge for public information. Pursuant
to Government Code, Chapter 552, 552.269, please respond in writing,
and within ten calendar days, to the following:
Is District personnel aware that the rules of the General Services
Commission apply to all governmental bodies, including school
districts?
Is District personnel aware that the itemized statement mandated
by Ch.552.2615, must state the number of hours billed for labor, and
the per hour charge?
Is District personnel aware that it is a requestor's choice
whether to inspect public information (i.e. have access), or receive
copies of said public information?
Is District personnel aware that when a requestor requests
"access" no charges may be imposed, except in very narrowly defined
circumstances? (Ch552.271)
On May 25, 2000, Mr. Tim Chorney requested access to several
documents regarding school district's correspondence and expenditures.
No copies were requested. On May 30, 2000, you sent Mr. Chorney an
estimate which included charges for 2000 copies, as well as research
and postage.
Please note that you may not compel a requestor to accept copies
rather than simple access to the information. Additionally, when simple
access has been requested, you may not assess personnel charges unless
the information requested is:
a. older than five years, or
b. completely fills, or when assembled will completely fill, six or more archival boxes, and
c. the officer for public information or the officer's agent
estimates that more than five hours will be required to make the public
information available for inspection.
In other words, unless a. or b. happens, it is irrelevant how long
the task takes. I have my doubts that the information Mr. Chorney
requested can fulfill either a. or b. However, if you have proof to the
contrary, please provide it at the time you answer this letter, along
with a work log to account for the $200 assessed for "research."
Additionally, your letter referred to an earlier request for which
Mr. Chorney had not made payment. Please provide me with a copy of said
request, and be aware that if Mr. Chorney requested access, charges are
not applicable, except as in compliance with the chapter.
Also note that in an itemization sent in accordance with
Ch.552.2615, all the elements must be present in the letter. If you
made copies that were more than $40 without getting prior approval from
the requestor, you may not hold the requester responsible for charges
over $40, assuming that charges were allowed at all.
For your convenience, I enclosed a copy of Mr. Chorney's letter,
Chapter 552, the GSC rules for charges, and the sign that must be
posted in accordance with Ch.552.205. If you have any questions, or
need further assistance, please feel free to contact me at
512-475-2497, or at hadassah.schloss@gsc.state.tx.us. I look forward to
your timely response.
Sincerely,
Hadassah Schloss
Open Records Administrator
cc: Tim Chorney
Publisher
The Llano Ledger
Rt 2 Box 464A
Buchanan Dam, TX 78609
*********************************************
The following e-mail was sent in response September 5, 2000:
Hadassah Schloss
Open Records Administrator
General Services Commission
Re: August 28, 2000 Letter
Dear Ms. Schloss:
In response to your letter of August 28, 2000 to LISD
Superintendent Jack Patton, thank you for taking action against the
School District. I'm deeply grateful. The people are certainly entitled
to know how their tax dollars are spent. Regardless of whether or not
Patton willingly complies, the General Services Commission has stood
tall and for the rule of law.
-- Unlike the Open Records Division as well as the Office of the
Attorney General, both of which cowardly succumbed to the apparently
corrupt and abusive influence of District Attorney Sam Oatman. Sadly,
the Public Information Act rings hollow when the Attorney General and
the Open Records Division outrageously refuse to enforce it. Unless
there is an ongoing criminal investigation unknown to this writer and
the public, the lack of action by the Attorney General is indefensible.
Sincerely,
Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
Rt 2 Box 464A
Buchanan Dam, Tx. 78609
cc: Llano Ledger website
cc by e-mail: Katherine Minter Cary, Interim Division Chief, Open
Records Division; June B. Harden, Assistant Attorney General, Open
Records Division; David Mendoza, Legal Assistant Open Records Division;
David Short, Investigator, Open Records Division; John Cornyn, Attorney
General, State of Texas.
*****************************************
Readers are reminded PLAN, Inc. (Protect Lake Area Needs) will hold
its Annual Membership Meeting, Wednesday evening, September 13, 7:30pm
at St. Charles Catholic Church in Kingsland. Further information can be
found on Information And Services. ... Don't allow this fine
organization to die on the vine.
This morning, September 5, 2000, this writer was forced to sign
under duress a new Internet Agreement with the Llano County Library
System. The agreement has been forced on all Library patrons in an
effort to stop publication of _The Llano Ledger. To make a long story
short, this writer has received the boot. More to be posted tomorrow
from another location (as has part of this edition). I apologize for
the typing errors. There wasn't enough time to adequately proof read.
As hurriedly reported in the last paragraph yesterday, this writer
has been forced off Llano County Library computers in an outrageous
attempt to thwart the First Amendment and stifle the truth about
egregiously corrupt and abusive Llano County officials. Publication,
however, will continue at alternate locations and pressure will
immediately be ratcheted up on those responsible.
As a result, posting of the September 11, 2000 Newsletter will begin
early and include full details regarding the ejection of this writer.
Look for it on Newsletter Text V57 at the bottom of the Table of
Contents. While corrupt officials are obviously chagrined with
determined, relentless exposure and the level of rhetoric, they haven't
seen anything yet.
... Since improper pressure on librarians by corrupt officials is
no longer a consideration, the gloves are coming off, "Boys". Can't
stand the heat, J.P.? Better get used to it, sir. ... It's going to get
a lot hotter, "Judge". Quickly. While you and your cronies on the
Commissioners' Court will outrageously continue to shamelessly shaft an
aggressively stupid public, it will come at a steep price. -- All of
you will be exposed for exactly what you are. ... Foolishly strangling
the Golden Goose, aren't you, "Judge"? Taxpayers, however, will
eventually tire of the incessant looting. Count on it. After all, greed
has its limits. The Aryan arrogance is indeed stunning, isn't it?
The visitor count stands in excess of 27,000, -- a true testament
to the shameless willingness of the readership to "steal" this writer's
labor. You ought to be proud of yourselves. Nothing quite like
"character", is there? Non-profit and outrageously unfunded by the
readership it serves due to greed, gut-wrenching fear, and the
continuing relentless intimidation of corrupt and abusive Llano County
officials, this publication remains as always beholden to NO ONE.
Tim Chorney, Publisher
The Llano Ledger
Tim Chorney, Publisher
P.O. Box 997
Buchanan Dam Tx. 78609
llanoledger@mailcity.com
Page Updated Tue Oct 9, 2001 1:03pm EDT