From Ronald F. Avery
March 13, 2006
Tavie Murphy Tax Assessor/Collector, et al;
Agents of THE COUNTY OF GUADALUPE, etc.
307 W. Court Street
830/379-2315
Dear Ms. Murphy,
I am in receipt of your return of my check for taxes that were not ruled unconstitutional on 11/22/05. If I understand your request correctly, you want me to designate where the tax payment is to be allocated according to Sec 31.07 of the Texas Property Tax Code. I thought I had made that clear in the calculation of my taxes without the unconstitutional “public free school” taxes. However, I did not specifically direct you in writing where to allocate the tax payment after calculation. Because I believe it was clear in the calculation I am not including penalties beyond the date I first made the payment, i.e., February 20, 2006.
Therefore, I am now directing your office to allocate the payment
to the taxing units in the same manner in which they were calculated on page 3
herein, i.e., the
|
Taxing Unit |
R467202 |
P310113 |
R467203 |
Total |
|
Guadalupe
Co. |
1,082.78 |
22.40 |
130.57 |
1,235.75 |
|
Lateral
Roads |
153.32 |
3.17 |
18.49 |
174.98 |
|
Total |
1,236.10 |
25.57 |
149.06 |
1,410.73 |
Please find herein the same check that was originally sent for
the payment of the taxes that were not ruled unconstitutional by the SUPREME
COURT OF TEXAS as of 11/22/05 in the following case No. 04-1144 Shirley
Neeley, Texas Commissioner of Education, et al, APPELLANTS, v. West Orange-cove
Consolidated Independent School District, et al., APPELLEES w/ 05-0145 w/
05-0148 which may be read at internet link:
http://www.supreme.courts.state.tx.us/Historical/2005/nov/041144d.pdf
As you will recall all “free public school” taxes raised by the present ad valorem tax system were ruled unconstitutional in the referenced case. Further, the Supreme Court delayed an injunction against the school districts by the lower court until July 1, 2006. However, the Supreme Court of Texas does not have power to authorize unlawful activity. The Supreme Court has power to determine constitutionality but the Supreme Court is in want of power to authorize crime by a stay of injunction to stop crime. Further the payment of the other taxes herein is not admission on my part that they are constitutional but the Supreme Court has not ruled them unconstitutional to date.
Therefore, on the next page of this letter I have calculated taxes charged upon my property that have not been ruled unconstitutional as of 11/22/05 and I have added the “penalty” charged to me for not paying them by January 31, 2006. Thank you again for your time and patience in sorting out this mess created by the ignorance of the principles of property and how they apply to the creation of government and its maintenance purposely omitted from “free public state schools” in absolute violation of the sole purpose of free public education declared in Article 7 Sec 1 of the Texas Constitution.
Sincerely,
_______________________________
Ronald F. Avery
1955
Statement Number
45844 Property ID R467202 Owner ID O0005146
|
Taxing Unit |
Tax Amount Jan |
% Feb |
P&I |
Total |
|
Guadalupe
Co. |
1,011.94 |
7 |
70.84 |
1,082.78 |
|
Lateral
Roads |
143.29 |
7 |
10.03 |
153.32 |
|
Total |
|
|
|
1,236.10 |
Statement Number
45845 Property ID P310113 Owner ID O0033830
|
Taxing Unit |
Tax Amount Jan |
% Feb |
P&I |
Total |
|
Guadalupe
Co. |
20.93 |
7 |
1.47 |
22.40 |
|
Lateral
Roads |
2.96 |
7 |
0.21 |
3.17 |
|
Total |
|
|
|
25.57 |
Statement Number
45846 Property ID R467203 Owner ID O0005146
|
Taxing Unit |
Tax Amount Jan |
% Feb |
P&I |
Total |
|
Guadalupe
Co. |
122.03 |
7 |
8.54 |
130.57 |
|
Lateral
Roads |
17.28 |
7 |
1.21 |
18.49 |
|
Total |
|
|
|
149.06 |
Grand Total
|
Grand Total |
|
|
|
1,410.73 |
Certificate of
Service
I, Ronald F. Avery, did mail (Certified Receipt Requested #7004
2890 0002 0325 7991) on the _____ day of ____________, 2006 this Tax Payment, Explanation & Designation
to the following:
Tavie Murphy Tax Assessor/Collector
_____________________________________
Ronald F. Avery