Terlingua Ranch Workshop

Terlingua Ranch Workshop

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[The following is an opinion piece on developments at Terlingua Ranch by Ronald Mahan. Feel free to comment on it if you disagree with it.]

SUMMARY

POATRI  plans to let us have a vote on their Special Proxy Voting Bylaw Amendment – with the ballots going to us in August 2009 – so the Directors can have our decision on this issue before the October 2009 board meeting.  If the special bylaw amendment passes, they will recomend a vote on the issue of selling all the Terlingua Ranch property in the January Member’s Meeting.  They need to use proxy votes and the votes of those in attendance to have any real chance of obtaining a two thirds majority of all Members in Good Standing – for approval of the sale!

Proposed for sale is everything! They want to sell all property owned by POATRI – which includes the motel, the cafe, the RV Parks and campground, the swimming pool and bathhouse, the landing strip, the pistol range, the Maintenance Barn and the road maintenance equipment, the water wells, the livestock barns and corrals, and the Ranch Office!  They are also proposing to go to contract road maintenance – performed by unnamed parties.

COMMENTS

These are the most radical changes ever proposed by a POATRI Board of Directors and deserve your most careful attention!  While I have many times suggested we needed to get out of the money loosing resort business, I have serious reservations about letting others do our important road maintenance function.

We need further information on the “contract road maintenance” – before we agree to sell our Maintenance Barn, the road maintenance equipment, and fire our trained labor force.  Nothing like burning your old bridges – if you don’t know if the new bridge will bear your weight!

  • Tell us about the past experience and references of the contract maintenance companies the Board of Directors has been talking to.  Will this be a bid process or the same old good buddy deals of past years, or what?
  • What are the cost estimates for contract road maintenance versus road maintenance done by POATRI? We have been maintaining our roads for almost 40 years now and should have excellent knowledge of exactly what annual costs have been experienced.  Property owners do not have that information – because much of the current information is lumped together with administration costs – making the available information virtually worthless for road maintenance cost information.
  • There is also the major problem that funding is not equitably shared by many property owners – especially the exempt property owners and the real estate dealers and large land owners who do not pay a fair share of maintenance fees.  Will POATRI try to correct these problems by reforming our Maintenance Fees?
  • We need to make exempt property owners pay for the road maintenance service – which they receive free of charge. The paying property owners do not owe the exempt property owners anything and it is past time to correct this injustice!  We also need to make the real estate dealers and large landowners pay their fair share of road maintenance!   The present fee system is broken – yet POATRI has not said one word about correcting this problem!  A return to an acreage fee for all property is recommended.
  • About the only proxy bylaw amendment that I would vote approval for – is an ammendment that would give all property owners proper proxy voting rights at all annual Member’s Meetings – with proper safeguards to prevent fraud and corruption.   Changing the rule for a one shot POATRI dog and pony show is cronyism at best!  We still need to obtain a property owner’s Bill of Rights and last time we tried to get one – POATRI stole our proxy voting rights!

Ronald Mahan

Member of TRRP and OMTHC.

10 thoughts on “Terlingua Ranch Workshop

  1. Don Mahan

    What is Terlingua Ranch’s biggest problem?

    This is a problem that all the board members know about, but have not done anything about.
    They have not even acknowledged that this problem exists.They have done nothing to correct this problem, except some feeble efforts to forclose on some small property owners.

    The problem is that currently only 1,852 property owners out of a total of 4,922 property owners pay any fees.Also that means that only 37.6 % of the property owners pay fees.

    No organization can survive if only 37.6 % of the owners pay and 62.4% of the owners do not pay.
    If this sounds like nonsense, then go look at the current Operations Manager’s
    2nd Quarter Report just posted on the Terlingua Ranch web site.

    I will show you line by line how this calculation was made and where the numbers come from.
    Source
    Total number of property owners 4,922 Operation Mgr. Report
    Property owners in good standing (MIGS) 2,472 Operation Mgr. Report
    MNIGS = (4,922 – 2,472) 2,450 Subtraction
    Number on all-exempt owners not paying 620 Operation Mgr. Report
    Note: there are a total of 1137 exempt tracts. 517 also own nonexempt tracts and pay fees.
    Paying owners = Total owners in good standing – all-exempt owners not paying
    Paying owners = 2,472 – 620 = 1,852 Paying Property owners

    What causes this problem?

    1.Delinquent property owners ————–2,450 owners This is the main source of revenue loss. Some owners have been delinquent for over 30 years without action by the board.

    2.Large land owners, speculators, real estate owners who do not pay their fair share to support the ranch. A large land owner can own a thousand tracts (5,000 acres) and pay the same fee as a single 5 acre tract. An acreage fee is needed on all land on Terlingua ranch or a fee based on actual land value.

    3.All- Exempt property owners who pay no maintenance fees—–620 owners

    It appears to me that if the board sells all the assets, and does nothing to correct the biggest problem; they are just wasting the property owner’s money.

    Perhaps some board members will address this problem, of only 1,852 out of 4922 property owners paying fees?

    Don Mahan

  2. David Rudder

    Terlingua Ranch never made much money,and they sure as hell can’t have any of mine.My family as have other families I know have owned property in weast Texas for generations,and what we all have in common is we do not want our roads maintained,have requested that they not be maintained,offered to pay for them not to be maintained and low and behold they insist on getting payed for something not asked of them.

  3. irrate owner

    Beware of the Proxy, they will use it two ways, one to have a quram, two they ( the Bod) will then use the proxy to vote yes for the sale. All proxys must go to the Bod sec, and he will use them the way the Bod wants. In essance by giving your proxy to the bod you give up your right to vote no on the sale of the ranch. AAAA

  4. irrate owner

    And for those not clear about it, the plan is to sell everything including the water wells and the ranch office! I wonder how much it will cost to by a new office site build a new office and move the computer and phones. I bet some insiders will make a bundle on POATRI spending all the money ( even with the kickbacks), heck they could easily spend more on that then they sell the lodge for. Their is no reason to sell it ALL, even Terrmarr was smart enough to leave themselves an office to work out of when they sold the lodge to POATRI.

  5. Ronald Mahan

    Andrew,

    Shown below are the POATRI resolution and the Proxy Amendment!
    I previously posted my objections to these items!

    Ronald Mahan

    Article 3.13 Resolution and Amendment:

    RESOLUTION

    The Resort/Lodge has been closed since September 2, 2008;

    One of the alternatives which may be available to POATRI is the sale, lease or
    exchange of the Resort/Lodge property;

    The Board has reviewed and considered and continues to review and consider
    numerous scenarios regarding the Terlingua Ranch Resort/Lodge;

    The Texas Non Profit Corporation Act specifies the process by which POATRI can
    sell, lease or exchange all or significantly all of its property or assets;

    Such process is not currently specified in POATRI’s Bylaws;

    The sale, lease or exchange of all or significantly all of POATRI’s property or
    assets requires the approval of the Members eligible to vote;

    The Texas Non Profit Corporation Act allows the use of proxies at a vote of the
    membership wherein the sale, lease or exchange of all or significantly all of
    POATRI’s property or assets is to be considered;

    Be it resolved, that the attached amendment to Art. III, POATRI Membership,
    3.13., SALE, LEASE OR EXCHANGE OF ALL, OR SUBSTANTIALLY ALL, PROPERTY AND
    ASSESTS; PROXIES be submitted to a vote of the Membership for approval as
    specified in Art. 8.02 a.

    Such vote of the membership shall be conducted by mail in such a manner so the
    results are certified prior to the scheduled October 2009 Board meetings.

    AMENDMENT

    3.13. SALE, LEASE OR EXCHANGE OF ALL, OR SUBSTANTIALLY ALL, PROPERTY AND
    ASSESTS; PROXIES

    a. Where the Board has adopted a resolution recommending the sale, lease or
    exchange of all, or substantially all, of POATRI’s property and/or assets, the
    matter shall be submitted to a vote at a meeting of Members having voting rights
    as specified in POATRI’s Bylaws under Art. 3.04, which may be either an annual
    or special meeting. For any POATRI property or asset which has a fair market
    value of $100,000.00 or more, the process specified herein shall be followed.

    b. Written or printed notice stating that the purpose, or one of the purposes,
    of such meeting is to consider the sale, lease or exchange of all, or
    substantially all, the property and/or assets of POATRI shall be given to each
    Member entitled to vote at such meeting, within the time and in the manner
    provided by Art. 3.04 b. The notice shall include a reasonable description of
    each and all property and other assets, if any, included in the proposed sale,
    lease or exchange.

    c. At such meeting, the Members may authorize such sale, lease or exchange and
    may fix any or all of the terms and conditions thereof and the consideration to
    be received by POATRI therefore. Such authorization shall require authorization
    by two-thirds (2/3) of the total votes cast by Members at such meeting in person
    or by proxy, as herein specified.

    d. After such authorization by vote of the Members, the Board, nevertheless, in
    its discretion, may abandon such sale, lease or exchange subject to the rights
    of third parties under any contracts relating thereto, without further action of
    approval by Members.

    e. Proxies: Solely for purposes of Art. 3.13 and for no other, Members may vote
    through a proxy, executed in writing by the Member, which designates the POATRI
    Secretary of the Board as the holder of such proxy entitled to cast such vote.

    1) A valid proxy shall be on a form authorized by the Board for such purposes
    and which shall state the address, facsimile number and email address where the
    executed proxy may be returned; and state the deadline for receipt of the proxy.
    A valid proxy may be transmitted by mail, delivery service, facsimile,
    electronic transmission or in person to POATRI’s Secretary, but shall be valid
    only if received prior to the deadline stated on the proxy.

    2) A valid proxy shall be dated and executed only by the Member or his/her
    legally authorized representative. Any proxy executed other than by the Member
    shall state the legal capacity in which it is executed and if by power of
    attorney, such power of attorney shall be notarized and a copy of the power of
    attorney executed by the Member shall be delivered with the proxy. Proxies
    received without a Member’s signature or incomplete representative designation
    or non-legally recognized representative capacity or without a date of execution
    or by power of attorney and for which a copy of the power of attorney is not
    provided shall not be valid.

    3) No proxy shall be valid after six (6) months from the date of its execution,
    unless otherwise expressly provided in the proxy. Further, once the proxies have
    been cast at a meeting whose purpose, or one of the purposes, is for the Members
    to consider the sale, lease or exchange of all or substantially all of POATRI’s
    property and/or assets, the proxies shall not be cast in any subsequent vote of
    the Membership.

    4) The Board shall appoint one or more Directors and/or Members in Good Standing
    (a “Proxy Task Force”) to review and inspect proxies timely received. The Proxy
    Task Force shall have no less than three (3) members, but no more than five (5).
    Only proxies which are found to be invalid by the Task Force shall be further
    reviewed by either the Board or the Executive Committee, as determined by a vote
    of the Board. The decision of the Board or Executive Committee, as the case may
    be, as to the validity of any specific proxy shall be final.

  6. Dan Snyder

    Terlingua Tea Party -Lets pay the taxes to the county for road and school.Sell the lodge to a respectable
    Business. Sell it to Willie He was looking for a music venue in Wimberly Texas at the old Cypress Creek Cafe.
    the city in all its wisdom couldnt come together and now its lost over a septic system – Sounds like the same old sh….
    Get Together – tell us how- both sides quit the hidden agendas and lay it on the table for all to see.

  7. Leslie Brand

    Is Terlingua Ranch real estate sales a scam? I am looking at acreage through Classic Country Land. I love this land and want some. I want to be a part of this community and can bring a lot to the table. Are there big looming problems down the road with the maintenance fees and politics?

  8. debra

    I bought land on the ranch almost 20 yrs ago.In the beginning the taxes cost me $20.00 a year.The maintence fees were $69.00 a year.Now explain to me how a so-called dyeing and bankrupt ranch can triple your maintence fee and make taxes more then quadruple.You wonder why people are walking away?As long as it was reasonable to own our own sandbox you would always get your money.Now you’ve cut your own buisness by getting nothing because of the hikes.Look around you the economy is bad, unemployment.You would have been smart to find money incentives,like car dealers and realestate agents.Now look at what you’ve done to your big empty sandbox!

  9. Peter Morey

    Leslie,

    I bought 40 acres in the ranch through Classic Country Land three years ago at a reasonable price and have not had any problems with them. I was dissapointed in the POATRI vote result concerning the sale of the property but hope that in the near future they will see that if a sale can be agreed upon with a firm that will invest in the infrastructure of the ranch it will not only benefit the homeowners/landowners but the Terlingua community as a whole; I understand that there are owners that do not want to change the solitude that not having a developer take over the ranch offers but I hope that they will see that if the owners are involved in the sale process, we can come to an arrangement that will benefit all involved. I love the land and hope to turn it over to my daughter in 18 years. I was planning an adobe house on the property but after the vote I put that on hold until I see an interest in the owners to make a move that would make the investment worthwhile. As far as being a scam, I think it all dapends on what you plan for the land; you may find that by waiting for the POATRI auctions you may get a better price for certain portions of the Ranch.

    Good Luck,
    Peter.

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