Frequently Asked Questions
Who is responsible for creating the Montrose Management District?
The legislation creating Districts 6 and 11 leading to the Montrose Management District was authored by Representatives Ellen Cohen and Garnet Coleman and Senator Rodney Ellis. The principle operatives in managing the formation of the districts were Claude Wynn and David Hawes with legal support from the firm of Vinson and Elkins. For more information read our History of the District page.
What's this about 75% to dissolve? Why so high?
The criterion for dissolution comes from the Texas Local Government Code, which is incorporated into the chapters of the Special District Local Laws Code authorizing the District. The relevant section reads: Sec. 375.262. DISSOLUTION BY PETITION BY OWNERS. Except as limited by Section 375.264 (does not apply to us), the board shall dissolve the district on written petition filed with the board by the owners of: 1. 75% or more of the assessed value of the property in the district based on the most recent certified county property tax rolls; or 2. 75% or more of the surface area of the district, excluding roads, streets, highways, utility rights-of-way, other public areas, and other property exempt from assessment under Sections 375.161, 375.163, and 375.164, according to the most recent certified county property tax rolls.
What is happening with the petition drive? Is the Montrose Management District going to dissolve?
On September 29, 2011 STOP the District submitted to the district petitions for dissolution from owners representing 78% of the affected property (by value). The district was immediately obligated to dissolve if the petitions met the requirements set out in statute. The district concluded the petitions did not meet the requirement by interpreting the statue to require that 75% of all property owners – not just those subject to the tax – were necessary to compel the dissolution. Obviously, we disagree. Consequently, we filed suit against the district in civil district court (see Legal Filings).
Is it too late for me to sign my petition?
Yes. Once STOP the District submitted petitions for dissolution, the district is already legally obligated to dissolve so no additional petitions are required.
I signed the petition for dissolution; do I have to pay this tax?
Ultimately, this is a personal decision. STOP the District maintains that the district has had a ministerial duty to dissolve effective September 29, 2011 and therefore has no right to tax us. The district contends otherwise and therefore claims unpaid taxes are delinquent and subject to interest charges, late fees, and ultimately an assessment lien. At this point, only a judge can resolve this matter (see Legal Filings). Please consult your attorney for advice on your particular situation.
I signed the petition for dissolution and did not pay my assessment. Now I've received a Notice of Assessment Lien. How come the district is still collecting? Don’t they have to wait until the judge rules?
Please see the previous Q/A. The district's official position is that the petitions did not meet the legal threshold to compel the district to dissolve. As such, they are proceeding with business as usual. Recent experience shows that the firm of Perdue, Brandon, Fielder, Collins, & Mott LLP is being directed by the District to proceed with lawsuits against delinquent accounts above a certain threshold of delinquency. While it seems unreasonable to us that a judge would, while our suit is ongoing, find for the District in such a suit, it is possible that your cost to defend against them is more than the tax bill. Again, please consult your attorney for advice on your particular situation.
What are the chances the lawsuit will succeed?
Wasn't it Mark Twain who said "The art of prophecy is very difficult, especially with respect to the future."? Never the less, we have reason to be optimistic, see Legal Argument Review.