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Date Posted: 23:06:09 02/25/00 Fri
Author: Unknown
Subject: Words of Wisdom & Knowledge

If I had three wishes I could expend for the benefit of the City of Frisco they would be a �clean election� for the upcoming city council election and all future elections, affordable housing, and unity for our city. This wishful thinking caused me to look deeper into the first of these wishes. What has brought about the �dirty politics� in our city? I don�t think it is a basic unkindness on anyone�s part. I think, perhaps hope, that it is a basic lack of knowledge about our city as well as our great State of Texas.

Let�s talk for a minute about the most recent ugliness or �dirty politics� that occurred in our city, the hatchet job performed on Mr. Bill Spears, a man who has been a good and loyal citizen to the city of Frisco for more years than I can count. This is a man who has, as far as I know, only ever worked for the good of Frisco and its citizens. Whenever asked, Bill has given his time and talents on any board or organization he was asked to sit on or work for (gratuitously). When asked (and often times when not), he has helped to raise the funds necessary to operate for worthy causes too numerous to list. When asked, he�s had an open pocket book to the extent he was able. I was asked once by a co-worker if that was my definition of a �good citizen�, a person who would give to or work for my �causes�. My answer was a resounding YES. If I ask a person to help with a cause that I know will benefit Frisco and its citizens (most often the youth) and they are willing to help, then, in my book, that person is a pretty good citizen.

I realize that we have a multitude of new and relatively new citizens to Frisco who also happen to be relatively new citizens to the State of Texas. So, perhaps a short, or not so short, history lesson is in order.

Accusations were hurled in the newspaper (using the Letters To The Editor forum) at city council meetings, and around town. Now, exactly what did Mr. Spears do? He had business interests and, due to a severe downturn in the economy in the late 80�s, those interests went �south� as we say in Texas and he found himself in bankruptcy. While not something any of us aspire to, it is something that happened to a lot of good people during those years. There are those who will preach that bankruptcy and the legal discharge of ones debts is wrong � morally and ethically. Be that as it may, bankruptcy and the discharge of ones debts is legal in the State of Texas as well as in this country.

There are those who might say, but this person wasn�t bankrupt. He kept certain property including, most likely, a home and at least one car. To understand this, you need only research the Federal and State codes governing bankruptcy. There are certain items of property one is allowed to retain when declaring bankruptcy: a home, an automobile for each licensed driver in the household, certain housekeeping items, certain clothing, and tools of ones trade being among them.

Again, I don�t know what the laws of other states allow, only what is allowed in Texas which is, after all, where we all live. If we are to say that a person who has suffered the indignities of a bankruptcy shouldn�t be allowed to hold public office, then I would say the majority of our public officials at the local, state and federal level should �turn tail and run� (that�s another southern expression for those of you who may not know).

Another item of Texas history that you want to familiarize yourself with is the �Homestead� protection or exemption. Briefly and simply stated, this law says that as long as mortgage payments are met which are directly tied to a homestead, then that homestead can not be taken or �attached� for debts. That means that creditors, save of course the IRS (and we all know they can do anything) cannot take ones homestead for any type of debt. There are regulations as to which piece of property qualifies as a homestead, but simply stated, it is one�s place of residence. This same law prevents one spouse from selling the family home without the consent of the other marriage partner. In the State of Texas, a husband and wife are require to �quit� the deed or sign it in order to sell the family home. (This law happens to mostly protect women).

Another thing that was used to cast doubt upon Mr. Spears� character was a deed record showing him as the owner of a certain piece of Frisco property upon which city and ISD taxes were owed and most probably county taxes as well.

Normally, this would be just cause to prevent a citizen from holding public or appointed office in Frisco. Except for one small thing, Mr. Spears had lost this property (or been required to surrender it) in bankruptcy. There is no way a bankruptcy court would have allowed a debtor to keep that property as it clearly was not a homestead.

Enter Mr. J.W. Carpenter who happened to see that delinquency on the tax rolls (which are a matter of public record if one cares to look), paid those delinquent taxes and thus created what is known in this State as a tax lien. This is a perfectly legitimate transaction. It�s done all time the time and, quite honestly, had I known and possessed the necessary funds, I would have done my level best to beat Mr. Carpenter to the punch. In fact, I think it�s safe to say that a good portion of the property in Collin County as well as other parts of Texas changed hands just in that way during the late 80�s and early 90�s and other periods of economic recession � simply by the payment of delinquent taxes and thus creating a legal tax lien.

In fact, if memory serves me correctly (and it usually does), the property that Frisco�s Project For The Future sits upon was acquired at a tax sale at the courthouse. It�s the same thing. Incidentally, anyone interested can verify this with a deed search at the courthouse. You see, in the State of Texas, a deed record shows the chain of title on a given piece of property since recorded records began to be kept. You need only look in the right place to see who has owned or held title or held a note on a piece of property. In fact, deed records tell one a lot of one cares to look.

Now, the fact that the holder of the note on the property in question never changed the deed from Mr. Spears name to his name � or most likely the entity that held the note � is irrelevant. Mr. Spears was required to surrender that property by the bankruptcy court and could not legally lay claim to it. Again, to determine this, one need only research the bankruptcy code or ask a bankruptcy judge.

The aspect of this whole deal that bothers me most is that accusations can be hurled and they somehow become truth. No one is willing to go to the time and trouble to research the facts and no one will listen if the research is done and presented. There is no rhyme or reason to the accusations, no basis in fact for the accusations, but if enough mud is slung, enough false hoods proclaimed, they somehow become truth. And no one is willing to do the research and background checks to see if the accusations are accurate and demand that the truth be heard. It�s almost as though the consensus is �get out of the way and keep quite or the mud slingers will turn on you next�. Thus, an honorable man�s reputation is tarnished and this doesn�t even begin to address the hurtful, mean sprited things flung about in letters to the editor. IS THERE ANYONE OUT THERE IN CYBERSPACE OR ANYWHERE WHO IS OLD ENOUGH TO REMEMBER WHEN 1984 WAS RQUIRED READING? Read it sometime and see if you can draw any parallels to items bandied about in the Frisco Enterprise and in various web sites over the past twelve months.

The statement at a city council meeting that all officials and appointed board members must be above reproach and that even the hint of impropriety dictates that one should step down really bothered me and continues to bother me today.

Folks, no one is above reproach and no one is immune to the �hint� of impropriety as long as there is anyone who is willing to sling enough mud in the hope that some will stick.

There was a time when some people, most in fact, in Frisco � and little towns all around this land � were known for their honesty and integrity and were truly above reproach. But that was when we all knew each other and if someone uttered a falsehood his hand was called. God help you now if you call the hand of some people, they�ll wage a campaign against you in the newspaper and on the internet. Unfortunately, we�ve lost that aspect of life in Frisco and all the �smart growth� in the world can�t bring it back. Only honesty and integrity can do that and, unfortunately, there are people today who weren�t privileged to have those character traits taught in school nor learned at their moma�s knee.

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Replies:

Re: Words of Wisdom & Knowledge -- Just the Facts, 11:25:17 02/27/00 Sun