The Thin Blue Line

Please view this link:

http://www.beaumontenterprise.com/news/local/50643882.html

Whenever a society forms, there are unfortunately darker aspects that are deviant and destructive. Some brave men and women take it upon themselves to shelter the rest of us in their heroic care. We hardly think about it - sometimes we joke at their expense, other times we tense when seeing lights in our rear-view mirror. But for the most part, our lives are seemingly unaffected by the daily efforts of these great men and women. Nothing could be further from the truth. Our lives are blessed daily and constantly by the countless selfless acts of people who have chosen to protect us. They keep the darker, more violent, even evil portion of our world at bay so that we may be at peace. For that they deserve our respect, our gratitude, and our remembrance.

God bless Deputy Detweiler. God bless his family. And God bless all those who put on the badge each day and go to work to serve and protect.

Thank you, each of you.

On Being American

Two hundred thirty-three years ago a document was signed that contains the following language:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security....

And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

This is, of course, the Declaration of Independence. Approximately ten years after that document was signed, another document was penned which contained these words:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Several decades later, a giant among men stood and gave these words:

Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal....

...that we here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.

We live in a country where people gave their lives for a great experiment. We live in a country where that experiment is still being tested, where people continue to struggle to secure these blessings for ourselves and our posterity. We live in a country that is the greatest country in the history of the world. It is and should be a continual source of pride for each and every one of us that we are Americans. We are strong. We are good. And we will prevail over all challenges.

One of the rights our fathers fought to defend was the right to dissent - the right to have one's voice heard - the right to respectfully disagree. The difficulty we face in our day is not the exercise of this right in the face of opposition, but the exercise of this right in the face of apathy and ignorance. Hence the old joke about how do you feel about ignorance and apathy: I don't know and I don't care...

I have received several questions recently about what is going on south of the Thrif-Tee. It is an apartment complex known as "Eaglebrook Apartments". For a look at how these will turn out, please refer to the apartments on Rollingbrook in Baytown called Brookstone Apartments. One person I spoke with regarding these apartments said that it would have been nice to know what's going on. Well, we post things in the paper, notices on the bulletin board here at City Hall, and have public hearings/public meetings regarding these developments. There have been no fewer than six opportunities to find out more about this development and give comment. The developer is not required to amend his plans based on the comments received, but smart developers will make an effort to accommodate reasonable desires of the locals, knowing that the City Council will listen to the concerns of their constituents...

Please take time to familiarize yourself with things going on in the City and the various processes that it takes to get things done/approved. By the time you see the big tractors out there pushing dirt it's probably too late to give meaningful comment - the developer has already invested a lot into the process and the City's public meeting requirements have run their course. Any land owner in the City has rights to develop their property in an orderly and well-regulated way; the City cannot legally say what development a person may make on a particular parcel - only in broad zones or districts. Thus, if you are interested in having a good, orderly, aesthetically pleasing community you must get out and let us know what you think. Local politics is one place where an individual voice has an impact and can make a real, real difference.

Please come and participate! We need you!

As always, if you have any questions, comments, or concerns, please let me know. Email me or stop by - I am very happy to talk with any/all of you.

Heat and HOAs

It's hot.

The air conditioning in my car went out. It's going to be expensive to fix. At least it's a little cooler today (it was only 88 the last time I checked)...

Record heat and dry weather tends to lull us into a false sense of security with regard to hurricane season. It is still hurricane season, folks. So get/stay prepared for whatever may come. Make sure you have batteries/fuel/food/water for whatever may come. I spoke with one of our first responders earlier and joked about lightning not striking twice in the same place. He didn't laugh - and I don't think it's because it was a tired joke...

There has been some interest and concern recently with regard to HOA - Home Owner's Associations - in and around the City. It's a relatively new phenomenon here in the City, so I wanted to take a minute to discuss some of the details as I understand them. Please note that I am not a lawyer, so any REAL questions should be directed to competent legal advisers (not some moron's blog...) :-)

A million years ago (or so it seems) people LIKED taking care of their houses. I know there are a few odd balls out there (like me) who still enjoy working on their yards/houses, but we are no where near the level that our father's/grandfather's were/are. The appearance of one's house/neighborhood has an effect on the entire neighborhood - particularly when it comes time for selling the place. Good looking homes and neighborhoods are more valuable than not as good looking. The question is: how does a neighborhood enforce aesthetic guidelines, and particularly maintenance, on private homes? Thus, the home owner's association is born.

The HOA is the enforcement/governing arm of the deed restrictions. Deed restrictions, sometimes called CC&Rs (for Covenants, Conditions, and Restrictions - not Credence Clearwater Revival...), represent a contractual obligation between the home/property owner and, well, everyone else in the neighborhood. It was one of the million papers you signed when you bought your home. Good real estate agents will disclose that there is an HOA before you buy, but whether or not you were informed, you and your property is bound to the guidelines and restrictions that the deed restrictions impose. Like it or not. And impose they do: deed restrictions can govern everything from type of grass to be installed, fencing materials, paint colors, outbuilding construction/location, etc. Almost anything that relates to the property can/will/should be governed by these restrictions. Enforcement is usually handled by the HOA - you'll get letters, knocks on the door, and even fines imposed if something is done in violation of the deed restrictions. If the HOA has to hire someone to take care of your yard, for example, you'll get a bill, which, if you don't pay, is just like any other bill you don't pay.

So what is the City's role in all of this? Well, it's not much. And it's complicated. The City - our City, anyway - has decided that it has an interest in maintaining common areas and drainages (should the HOA fail to do so). The City may collect fees for that maintenance. In reality, that's very generous on the part of the City. The City accepts dedication of drainage easements for neighborhood drainage, which it then assumes the responsibility for maintaining. Sometimes. I told you it's complicated.

Aesthetics, lawn length, paint colors, etc are not in the City's realm of general concern. Certainly dilapidated buildings or weeds that are excessively high are health/safety issues potentially, and deserve some concern. But a home's exterior paint color is not. Other communities have ventured into these turbulent waters and have found themselves in trouble - both legal and ethical... Ultimately, deed restrictions represent a contractual obligation between the home owner and the HOA, and the City is not/should not be involved. Honestly, we have enough to do without having to worry about enforcing a dozen or more subdivision's deed restrictions. We have the entire City's ordinances to enforce...

So that's it in a nutshell. HOAs are here to stay. They are binding to each property owner in perpetuity, to all heirs and assigns, and stay with the property regardless of who owns it.