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My county judge is a really nice older man who is allergic to the word "no" - it can't get past his lips. We have groups - some non-profit, some government (city) related, some not - that want to use the courthouse parking lots on weekends for car shows, dances and the like. I think that's probably OK. Now they want the foyer opened for restrooms (including janitorial time to open and close the building), access to electricity and water for car washes. I am of the opinion that this is NOT all right; the judge's answer was can we lease it? I am familiar with the general sale / lease provisions of the LGC; is there a way to lease a parking lot / restrooms / power / water to a nonprofit without auction and notice? Lisa L. Peterson Nolan County Attorney | ||
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Our county has a couple of buildings, and a couple of "improved" areas in parks (covered with tables and grills) that are routinely rented to citizens or groups on a first come first served basis, for a fee. Wouldn't renting the courthouse be essentially the same thing? More like a user fee than a lease. That may avoid auction/bid issues. | |||
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What's the public benefit? I'm sure the Car Club will be most grateful, but how does that benefit the rest of the good people of Nolan County? And what will the commissioners court do to ensure that the public benefit is realized? If those questions can't be answered with anything more than "don't you have a stapler to fill?", article 3, section 52 of the Constitution becomes a problem bigger than the lease provisions (this actually sounds more like a license than a real lease) of the Local Government Code. We let private parties use the grand auditorium in our Santa Fe Building frequently. But we make them provide liability insurance with coverage for the county and pay for cleanup and estimated utilities. That tends to discourage all but the most determined of users. | |||
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Thank you, gentlemen. Becaues my answer was universally unappreciated Monday, I promised to seek the advice of those wiser than I. "Public benefit" becomes a major issue...especially when janitorial and utility services are "thrown in". (Not to mention the liability of something like 30 useable firearms on display in the courthouse foyer...!) Lisa L. Peterson Nolan County Attorney | |||
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Having re-read your initial post, I might suggest that that inform the county judge that you think this is a terrible idea, recommend that it never be allowed to happen, then ask "do you agree". If he truly cannot say "no", you should be in great shape! | |||
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Nonprofit seeks (essentially free) lease of county parking lot every saturday over the course of 6 months. Lease (out for bid) - or license (no need for bids or auction) under building use policy? If the nonprofit runs a market of locally produced goods (for-profit vendors pay nonprofit for market spaces/booths) -doesn't promotion of local products/business need to be a county public purpose for it to meet the constitutional test? (County has not adopted an economic development program.) Doesn't the public purpose always have to be a COUNTY public purpose? | |||
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I think that it does, which is why I have stood against it pretty strongly. In addition, I don't think you can do "essentially free", but that the values on both side need to be arguably equitable. Thankfully, our courthouse now looks like a three story black tombstone with green trim - no one wants to be anywhere near it!! Lisa L. Peterson Nolan County Attorney | |||
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We have had numerous requests lately from several non-profits wanting free office space/meeting space etc. My answer to the Commissioners Court has been routinely no, but as mentioned earlier, it isn't always received well. | |||
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Tell your commissioners that requests to use county property for free are part of the "Occupy" movement. That oughtta shut it down. | |||
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Member |
Thank you for the replies! I'm booking my visit to the Nolan County Courthouse now. | |||
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