Cleburne Eagles Academy Possible Lawsuit of RailRoaders

The Cleburne Eagles academy baseball organization, has served the Railroaders with notice of intent lawsuit, the suit is specific to allegations of unfair competitive advantage, fraud and misrepresentation.

Could possibly include the mayor who may be added or dropped from the suit again spicific actions taken by those included within the suit.

The Railroaders operate from the cities chamber of commerce building free of rent or eletrical use payment even though it claims to have a independent ownership group, and is a for profit business this would be an unfair advantage when a competing business would endure hardship from all the cost normally associated with operating.

The Stadium Lease Agreement Article II Term Rent 2.1 and 2.3 state the agreement commences January 1,2017 and ends December 31,2027 after the ten years, the city will not receive any more rent from the Depot unless there are additional terms discussed, this type of action known as a Fee Simple which is a Tenancy for years offer a reversion, whereas in the Depot will reverse back to the Grantor that person is named within the suit,this would be of interest to the citizens who voted for the Depot.

The Defendant in the suit Railroaders have two years free rent of the stadium, while attempting to charge other groups for use dates,this is a commerical use misappropriation secret meaning the Defendant seeks to profit from use of the secret.

And offers for the  CISD school district to agree to some date use could be seen as fraud being that the tax payers would be footing the bill for such agreement,even though the same tax payer would have already paid for the stadium to began with, this would apply to other ISD offers of use as well, because of the secret known by operators of Railroaders.

Federal law U.S.Codes 45 (I) Unfair methods of competition in or affecting commerce,and unfair or deceptive acts in or affecting commerce, are declared unlawful.

Stadium Lease Agreement Article II Term Rent 2.4 Annual Rent

Tenant shall pay to Landlord for each lease year the sum of

1 $0 annual rent for years 1-2

year three payments $25,000

The suit is specific to terms within the contract which also gave away merchandise sales money without the city getting any return on such sales or naming rights if one were attained.

Again this would interest tax payers who voted to build the Depot.

At this time the Eagles are looking into all options,the Depot stadium can only become a real service to the community if its use and operating standards are offered to all businesses who would have a need for such a complex under the same rules.

Up date: The railroaders use of Cleburne ISD school buses to transport people from one location to stadium could be illegal, and already covered within the language of the lawsuit regarding fraud, by secret use of information for profit under federal law in this situation is the.

Rental of the Depot to school district when the railroaders are receiving two free years of rent and charging others for that right is within a trade secret federal codes fraud.

Since there was no contract for such services before buses were used.

Section 9: What Types of Transportation Are Ineligible for Allotment Purposes?

The following types of transportation are ineligible for transportation allotment purposes and must not be reported on the Route Services Report. 

Transportation to and from a Head Start or Even Start Program Transportation provided exclusively for students to attend the federal Head Start and Even Start programs is ineligible for transportation allotment purposes. This is because students who are not enrolled as school district students and not attending district educational curriculum courses with attendance reported through the Public Education Information Management System (PEIMS) are not eligible students for transportation allotment purposes. 

Summer School Transportation  Summer school transportation is ineligible for transportation allotment purposes, unless it is provided to a special-program student whose IEP documents a need for such transportation.

Transportation to and from Nonacademic School-Related Activities Transportation provided to regular- or special-program students to or from nonacademic school-related activities (extra- or cocurricular events or field trips) is ineligible for transportation allotment purposes.

Special Route Services: Transportation for Auxiliary or ESY Services Your district may report: • specialized transportation of a special-program student during the regular school year and school day for the student to receive: o education services, including community-based instruction, required by the student’s IEP or Section 504 accommodations plan or

School Transportation Allotment Handbook 15 Texas Education Agency Effective Beginning with 2014–2015 School Year State Funding Division

o noninstructional support services, such as developmental or corrective supplementary services, including health exams, diagnostic testing, counseling, and therapy, required by the student’s IEP and • specialized transportation of a special-program student to and from IEP-required ESY services (these services may be provided during the summer).

Transportation for ESY services includes transportation to school at the beginning of the student’s school day and from school at the end of the day.

2005 Texas Education Code CHAPTER 34. TRANSPORTATION

EDUCATION CODE

CHAPTER 34. TRANSPORTATION

34.010. USE OF SCHOOL BUSES FOR EXTRACURRICULAR AND

OTHER SCHOOL-RELATED ACTIVITIES.  (a) A school district board of

trustees or board of county school trustees governing a countywide

transportation system may contract with nonschool organizations

for the use of school buses.  The county or school district board

may provide services relating to the maintenance and operation of

the buses in accordance with the contract.

                (b)  The commissioner shall ensure that the costs of using

school buses for a purpose other than the transportation of

students to or from school, including transportation for an

extracurricular activity or field trip or of members of an

organization other than a school organization, are properly

identified in the Public Education Information Management System

(PEIMS).