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Newton County votes to repay $243,446 FEMA receivable after county attorney finds claim legitimate

Newton County Commissioners Court · November 12, 2024
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Summary

After a staff presentation on ineligible expenditures in a FEMA project, the county attorney recommended repayment of a $243,446 receivable; commissioners voted to pay the amount and discussed that the expenditures were made for intended purposes but lacked certain federal-formalities.

Newton County commissioners voted Nov. 12 to pay a FEMA receivable of roughly $243,446 after the county attorney told the court the agency's findings appear legitimate under federal rules.

Staff presented the FEMA TM/PA 4266 P260 receivable, which alleges some project expenditures were ineligible for reimbursement — for example, an architectural contract lacked required federal contract language and a land purchase lacked a pre-purchase appraisal. County legal counsel assessed the documentation and told the court the receivable is supported by FEMA's analysis and that the agency could legally recover the funds. "The receivable is legitimate," the county attorney advised (paraphrased).

Commissioners discussed that the money had been spent on the courthouse, sub-courthouse and county barn projects and that the expenditures were made for the projects as intended, not for unrelated purposes. Still, the court heard that federal rules require certain procurement or appraisal steps that were not completed before costs were incurred.

On a motion made and seconded, the court approved repaying the receivable; the motion carried with no recorded opposition. The county attorney said he could not guarantee what specific enforcement steps FEMA would take if the county declined repayment but noted agencies can withhold funds that flow through the state controller.

The court did not adopt a formal repayment schedule during the meeting; staff were directed to implement the payment and to note budgetary impacts in the next financial update.