This floorplan shows where courtrooms would be located in a new Smith County Courthouse.

Residents of Smith County will have the opportunity to decide if a new courthouse will built in downtown Tyler.

County commissioners on Tuesday approved a motion to call a November bond election for a new courthouse and also a parking garage.

The proposal, totaling $179 million, includes the courthouse bond for $160 million and the parking garage at $19 million. The estimated tax impact is around 3.67 cents, which would total an increase of about $73.40 per year for a $200,000 home, according to the county.

If approved on Nov. 8, the new structure would replace the 1955 courthouse that officials say has safety and spacing concerns. The county has been developing a plan for more than two decades to replace the current courthouse.

Smith County Judge Nathaniel Moran said this vote is only procedural and not substantive.

“We are the sole blockade between a decision and the voters, and I don’t think we need to be a blockade,” Moran said at Tuesday’s meeting. “I think we need to get out of the way and allow the voters in Smith County to make a decision for themselves.”

Placing this item on the ballot was approved by a 4 to 1 vote. Pct. 3 Commissioner Terry Phillips was the lone opposition.

During the meeting, 13 community members voiced their opinions on the issue with the majority in favor of seeing the bond on the upcoming ballot.

Shannon Dacus, an attorney in Smith County, said she has been practicing in the county for almost 25 years and has spent much time in the current courthouse. The current building was built for two trial courts but houses seven and will be seeing an eighth come January. New issues with the courthouse only continue to arise, she said.

“You have put the Band-Aids on the courthouse when we needed them, but I’m here to tell you there aren’t any more Band-Aids,” Dacus said.

Dacus further stated the most important piece of this is allowing the taxpayers to make the decision.

“We’re not asking this court to decide if there should be a bond issued, all we’re asking you for is to give the citizens of Smith County the opportunity to make that decision for themselves – they have never been given that opportunity,” Dacus said. “We have a strong, smart, engaged community – they can make that decision and I trust they can make it wisely.”

Another attorney in Smith County, Danny Noteware agreed that a new courthouse is necessary and it is time to let the community decide.

Security, space, building condition and functionality are major things that need to be addressed, Noteware said, adding that each of these should have been fixed years ago.

“This could be the piece that puts downtown Tyler over the top and allows the area to thrive again,” he said. “It’ll be infectious to the surrounding area as well.”

For 23 years, the county has discussed the condition of the courthouse and plans to replace it.

“We have visited courthouses all around this state,” Pct. 4 Commissioner JoAnn Hampton said. “We also had committees on top of committees to look at this issue, but what we have not done is actually put it out to our citizens and give them an opportunity to speak on this issue. I think it is time that we call this election.”

Phillips, who was against adding the bond proposal to the ballot, said there is no doubt a new courthouse is needed, but the timing isn’t right due to current economic conditions like soaring inflation, high appraisal rates and the risk of recession, he said.

“We have all these things coming down on us as a taxpayer … this is absolutely the world’s worst time in my opinion to be doing this,” Phillips said.

Moran said the county remains strong economically, despite national setbacks and issues, and there will always be a reason to postpone the bond election.

“There is never a perfect time … to be able to call a bond election like this,” Moran said. “… There is always going to be a reason why we shouldn’t do it or is estimated to say we shouldn’t do it and that’s what’s held up the court for 23 years – there’s always been some reason why.”

Moran added that if the court was to wait, prices for building would only rise.

Despite his concerns, Phillips added that if passed by voters he is confident commissioners will continue being good stewards of taxpayers’ money.

Discussion of county courthouse

The current courthouse has been in use for 64 years and plans to replace it have been in the making for 23 years, Moran said during the special called meeting about a new courthouse on Aug. 1. During the meeting, commissioners showed a presentation about plans for the courthouse and heard from the community.

The six-story facility was constructed to house two district courts, two justice of the peace courts, the jail and various county offices, according to the county. The courthouse currently houses four district courts, three county courts-at-law, the district clerk’s Office, the district attorney’s office, the Smith County Law Library and court staff.

The most recent study done on the courthouse was from 2017 to 2019 and showed as other studies in the past have that a new courthouse was needed.

The current plan for the new potential courthouse is for it to go on the east side of the downtown square in between the Courthouse Annex and Smith County Jail. The county has been purchasing properties in the area and has bought five of the 11 properties in two years, Moran said.

With the help of Fitzpatrick Architects, the exterior design of the planned courthouse will pay tribute to the county’s historic 1910 courthouse.

The new courthouse would address safety and spacing concerns that are present in the current facility as well.

With safety in mind, the new courthouse was designed with the court floors being the main focus. There will be three corridors – separate ones for the public, those in custody and the judge and staff – to ensure no paths cross that shouldn’t.

In total, the plans include three court floors with 12 trial courtrooms. Currently nine of the courtrooms will be used leaving extras for growth.

For more information visit www.bit.ly/courthouseplans .

Also during the meeting Tuesday, commissioners voted to propose lowering the tax rate for the Fiscal Year 2023 budget. At the beginning of the FY23 budget discussion, Moran said the county would work to not go above the current 33.5 cent tax rate and possibly try to lower it.

At this time the proposed tax rate would go down from 33.5 cents to 33 cents per $100 valuation.

A public meeting will be held on the proposed tax rate at 9:30 a.m. on Aug. 23 during the regular commissioners court meeting at 200 E Ferguson St. There will also be a public meeting at 5:30 p.m. on Aug. 23.

The court will vote on adopting the proposed tax rate and FY23 budget in September. Both would take effect until Oct. 1.

“You have put the Band-Aids on the courthouse when we needed them, but I’m here to tell you there aren’t any more Band-Aids.”

Shannon Dacus, local attorney