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B Y : L AURA S. F OWLER, JD. DOES EVERYONE IN YOUR COMMUNITY HOPE AND EXPECT YOUR BUILDING PROGRAM TO PRODUCE FACILITIES THAT LOOK LIKE THIS?

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Presentation on theme: "B Y : L AURA S. F OWLER, JD. DOES EVERYONE IN YOUR COMMUNITY HOPE AND EXPECT YOUR BUILDING PROGRAM TO PRODUCE FACILITIES THAT LOOK LIKE THIS?"— Presentation transcript:

1 B Y : L AURA S. F OWLER, JD

2 DOES EVERYONE IN YOUR COMMUNITY HOPE AND EXPECT YOUR BUILDING PROGRAM TO PRODUCE FACILITIES THAT LOOK LIKE THIS?

3 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM 1. If my building program will use public funds, what state agency can impose civil sanctions and refer charges for criminal prosecution against public officials and administrators and their consultants who violate the applicable law? See: Texas Ethics Commission http://www.ethics.state.tx.us/index.html

4 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM http://www.statesman.com/news/news/local/ethics-commission- dismisses-complaints-against-cou/nX9cG/

5 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM 2. If my building program will use the foundation funds of a 501(c)3 or similar charitable donations, what must be done before receiving funds or soliciting donations to avoid serious civil penalties imposed on both the building program administrators and the donors? See: Texas Attorney General. Charitable Organizations FAQ http:/www.sos.state.tx.us/copr/nonprofitfaqs.shtml

6 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM http://www.bizjournals.com/atlanta/news/2013/05 /16/state-rep-tyrone-brooks-sr-indicted.html

7 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM 3. If naming a building or facility is being considered as a way to raise more money from individual donors, what should the fund raisers do before the first solicitation is made? (a) Confirm what the tradition of your community as a whole has been; (and what may have caused hard feelings in the past) (b) Establish an informal committee of well respected responsible citizens to informally submit suggested criteria for the governing board to consider adopting; (c) Obtain a quiet legal opinion to make certain the criteria are lawful and can be implemented fairly.

8 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM 4. If your building program will own a building that will be unoccupied for any significant period of time before construction/renovation activities begin, what serious challenge does this present? See: http://www.tdi.texas.gov/pubs/consumer/cb021.html

9 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM 5. If you are a local governmental unit and your building program will rely upon the resources and assets of other all governmental, what written agreement is essential? See: Texas Government Code Section 791.001 et seq.

10 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM 6. When can a Texas local governmental unit not require workers compensation for construction, demolition, repair or maintenance project? See: Texas Labor Code Section 406.001 et seq.

11 D ON ’ T A WARD C ONTRACTS TO Z OMBIES

12 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM 7. Who are you contracting with? Are these contractors or consultants who they say they are; do they pay their taxes? http://www.sos.state.tx.us/corp/sosda/index.shtml http://www.window.state.tx.us/taxinfo/coasintr.html http://www.traviscad.org/search1.php

13 D O N OT A WARD C ONTRACTS T O E XTRATERRESTRIALS

14 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM 8. What is the current status of every construction professional's license? Take particular care to confirm the current status of: Architects Engineers Certified Appraisers Land Surveyors  Is this professional really who he claims to be?  http://www.tbpe.state.tx.us/search.php http://www.tbpe.state.tx.us/search.php  http://www.tsbpa.state.tx.us/macros/OD007.ndm/MAINhttp://www.tsbpa.state.tx.us/macros/OD007.ndm/MAIN  http://www.texasonline.state.tx.us/NASApp/tdi/TdiARManager http://www.texasonline.state.tx.us/NASApp/tdi/TdiARManager  http://www.tda.state.tx.us/spcs/license/lic_search.htmhttp://www.tda.state.tx.us/spcs/license/lic_search.htm  http://www.ssb.state.tx.us/Dealer_And_Investment_Adviser_Registration/Check_Securities_D ealer_or_Agent_Registration_Status.phphttp://www.ssb.state.tx.us/Dealer_And_Investment_Adviser_Registration/Check_Securities_D ealer_or_Agent_Registration_Status.php

15 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM

16 9. What private certifications does the installer or applicator need from the manufacturer, warranty or assurance issuer?

17 TEN QUESTIONS YOU SHOULD ANSWER BEFORE YOU START YOUR BUILDING PROGRAM 10. What temptation must you NEVER succumb to as you close out your construction project and occupy your building? See: Texas Government Code Section 2253.001

18 W HO D O Y OU L OVE ?

19 L OVEABLE L AWYERS W ITH P RIZES AND G AMES !


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