Apr 26, 2022 City Council

[Call to Order, Invocation, and Pledge of Allegiance.]

[00:00:04]

>> MAYOR: GOOD AFTERNOON, IT IS 6 P.M., TUESDAY, APRIL 26TH.

I CALL THIS SESSION OF THE MIDLOTHIAN CITY COUNCIL TO OR ORDER. PLEASE BOW WITH ME IN PRAYER.

HEAVENLY FATHER WE THANK YOU FOR OUR MANY BLESSINGS AND WE ASK YOU TO GUIDE US AND GIVE US WISDOM AS WE DO THE BUSINESS OF THE CITY. HAVE US BE FAIR AND OPEN IN THE BEST INTEREST OF ALL PARTIES. WE ASK THIS IN CHRIST'S NAME,

AMEN. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. UNDER THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD AND ONE AND

INDIVISIBLE. >> FOR THE AGENDA TONIGHT, WE ARE MAKING ONE CHANGE. WE WILL DO CITIZENS TO BE HEARD, THE CONSENT AGENDA AND THEN WE WILL DO REGULAR ITEM 2022-177.

AT THIS TIME, 2022-165 CITIZENS TO BE HEARD, THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING.

CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION

[CONSENT AGENDA]

>> MOVE TO APPROVE. >> SECOND.

>> MOTION APPROVED. SECONDED.

PLEASE VOTE. CONSENT AGENDA IS PASSED 7-0.

[2022-177]

COUNCILMAN COFFMAN WILL READ THE ITEM.

>> I WOULD LIKE TO OPEN AGENDA ITEM 2022- ITEM 2022-177, CONSIDER AND ACT UPON AN ORDINANCE OUTLAWING ABORTION, DECLARING MIDLOTHIAN A SANCTUARY CITY FOR THE UNBORN, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

177 SO IF YOU ALL FORGIVE ME, I HAVE ACTUALLY WRITTEN OUT SOME THOUGHTS I WOULD LIKE TO READ TONIGHT TO OPEN THIS JEAPPED AGENDA AYEDEP. COUNCIL MEMBERS DARA HARTSON HAVE PUT AN ORDINANCE IN FRONT OF US TO GET THE CONVERSATION GOING ABOUT THE TOPIC OF DECLARING MIDLOTHIAN A SANCTUARY CITY FOR THE UNBORN. GOAL BEING TO PREVENT ABORTION AND ABORTION INDUSTRY FROM SETTING UP SHOP INSIDE OF OUR CITY LIMITS. I THANK THE TEAM AT TEXAS RIGHT TO LIFE, PASTORS AND VOLUNTEERS THAT HAVE GOTTEN US TO THIS POINT. I THANK MY FELLOW COUNCIL MEMBERS FOR CONSIDERING THIS ITEM AND CONTINUING THE CONVERSATION ON THIS TOPIC. ALL OF THAT BEING SAID, I WOULD LIKE IT TO BE ON RECORD THAT I ONE HUNDRED PERCENT STAND BEHIND THE IDEA AND I BELIEVE WE NEED PROTECTIVE MEASURES IN PLACE FOR OUR CITY. AFTER CONVERSATIONS WITH WIDE ARRAY OF COMMUNITY MEMBERS, MOST PRO LIFE THEMSELVES, SOME CONCERNS ABOUT THE SPECIFIC WORDING OF THIS ORDINANCE WAS EXPRESSED, WE DID NOT HA HAVE TE TIME NECESSARY TO ADDRESS ADEQUATELY AND GIVE IT TO THE COUNCIL BEFORE THIS MEETING.

SINCE THIS PROCESS BEGAN A LONG TIME AGO, ONE THING HAS BECOME EVEN MORE CLEAR TO ME. WHILE IT IS NOT UNANIMOUS, THE VAST MAJORITY OF OUR COMMUNITY IS IN FAVOR OF TAKING MEASURES TO KEEP THE ABORTION INDUSTRY OUT OF MIDLOTHIAN.

AS COUNCIL, WE HAVE DUTY TO OUR CITIZENS TO GET THIS RIGHT AND DO IT THE RIGHT WAY THE FIRST TIME.

IN MY OPINION, IN ORDER TO GET THIS DONE, WE MAY NEED TO MAKE SOME TWEAKS AND ADJUSTMENTS BEFORE WE PLACE A PASS/FAIL VOTE ON THIS ORDINANCE. IN THAT SAID, I BELIEVE WE HAVE THREE DIFFERENT OPTIONS FOR DIRECTION WE CAN TAKE THIS MORNING, THERE MAY BE MORE. OPTION ONE, WE CAN REVIEW AND DO A SIMILAR 78 PASS/FAIL VOTE ON THIS ORDINANCE THAT HAS BEEN PUT BEFORE US. OPTION 2, WE CAN GO THROUGH THIS

[00:05:03]

AND OPTION 3, WE CAN REQUEST MAYOR RENO CREATE A COMMITTEE TO PUT A SOLUTION BEFORE THE COUNCIL AS SOON AS POSSIBLE.

I WILL FINISH MY REMARKS BY SAYING THAT I BELIEVE IN THE VALUE OF L LIFE IN ALL OF ITS FORMS, CONCEPTION TO DEATH.

IT IS MY DESIRE TO FIND THE CITY COUNCIL FIND THE BEST ROUTE FORWARD TO PROTECT OUR CITY AND CITIZENS FROM THE ABORTION INDUSTRY AS WELL AS SEE US SUPPORT AND CARE FOR ALL CITIES OF MIDLOTHIAN IN EVERY STAGE OF LIFE.

MY DESIRE ALL ALONG IS SIMPLY TO HAVE THIS PRO LIFE CONVERSATION SO WE CAN PUSH THIS PROCESS FORWARD.

EITHER WAY WE GO TONIGHT, THE FACT THAT WE ARE EVEN HAVING THIS DISCUSSION IS A WIN FOR PRO LIFE AWARENESS IN OUR COMMUNITY.

AT THIS POINT, I WOULD LIKE US TO FIND A PATH FORWARD THAT WILL WARRANT AGREEABLE RESULTS. I HAVE INVITED ASHLEY LEENERRED TO GIVE US AN OVERVIEW OF THE ORDINANCE IN FRONT OF US AS WELL AS TO STAND FOR QUESTIONS FROM THE COUNCIL IF WE HAVE ANY.

WITH THAT, I WILL YIELD THE FLOOR BAKE TO MAYOR RENO TO

CONTINUE WITH THIS AGENDA ITEM. >> MAYOR: AT THIS TIME, WE WILL HEAR FROM CITIZENS. AND WE WILL ADJOURN TO EXECUTIVE SESSION AND THEN WE WILL COME BACK AND HAVE THE FORMAL PRESENTATION OF THE AGENDA ITEM. WE HAVE RECEIVED 11 NONSPEAKERS IN OPPOSITION AND THREE IN FAVOR NONSPEAKERS.

I HAVE 15 SPEAKERS IN FRONT OF ME.

I REQUEST THAT YOU KEEP YOUR COMMENTS SHORT AND TO THE POINT AS MUCH AS POSSIBLE. I PREFER THAT YOU KEEP YOUR COMMENTS LESS THAN TWO MINUTES. BUT IF YOU REQUIRE, YOU WILL GET YOUR FULL THREE MINUTES. BUT I WILL ASK YOU TO END PROMPTLY WHEN YOUR TIME IS UP. I WILL GIVE YOU A LITTLE BIT OF NOTICE. SO WITH THAT SAID, FIRST SPEAKER WILL BE HUGH REYNOLDS. GIVE YOUR NAME, YOUR ADDRESS AND MAKE YOUR COMMENTS TO THE COUNCIL, PLEASE.

>> THANK YOU FOR HAVING ME HERE. MY NAME IS HUGH REYNOLDS.

I HAVE BEEN A RESIDENT OF MIDLOTHIAN FOR 27 YEARS.

I LIVE AT 503 NORTH FIRST STREET RIGHT HERE IN MIDLOTHIAN.

I LOVE THIS COMMUNITY. I HAVE BEEN INVOLVED IN PRO LIFE MINISTRIES, ACTIVITIES, PROJECTS FOR ALMOST 30 YEARS.

AND AT PRESENT I'M INVOLVED IN SEVERAL PRO LIFE MINISTRIES WITH MY CHURCH, NI KNIGHTS OF COLUMB. I DIRECT PRO LIFE ACTIVITIES AND I'M ALSO A MEMBER -- VOLUNTEER MEMBER OF FIRST LOOK PREGNANCY CARE CENTER IN WAXAHACHIE. AND I JUST WANT TO EMPHASIZE THAT FIRST LOOK HAS BEEN AROUND FOR MORE THAN 25 YEARS HENNING WOMEN AND MORE AND MORE NOW MEN MAKE THE CHOICE FOR LIFE AND BRING THEIR CHILD INTO THE WORLD TO BE, FIRST OF ALL, CHILDREN OF GOD AS WE ALL ARE. BUT WE ARE THERE TO PROVIDE FREE MEDICAL SERVICES, ULTRASOUNDS, PREGNANCY TESTS.

WE ALSO PROVIDE MATERIAL NEEDS. WE HAVE TRAINING CLASSES, PARENTING. JUST A WHOLE RANGE OF SERVICES.

WE ALSO HAVE COUNSELING AND IF THE CLIENT OR CLIENTS SO DECIDE, WE WILL OFFER SPIRITUAL COUNSELING AND PRAYER.

THE REASON I WANT TO EMPHASIZE THIS IS THAT THERE ARE PEOPLE WHO FEAR THAT IF ABORTION IS NOT AVAILABLE, THAT THESE WOMEN IN DIRE CIRCUMSTANCES, WHETHER IT IS ECONOMIC OR THEY ARE UNDER PRESSURE, THEY HAVE SOMEWHERE TO GO.

THEY WILL BE HELPED. THERE ARE HUNDREDS IF NOT THOUSANDS OF PEOPLE IN THIS COUNTY AND IN THIS CITY THAT WILL STEP UP AND HELP ANY YOUNG COUPLE, YOUNG WOMAN TO MEET WHATEVER NEEDS THAT SHE HAS. WE WILL REFER THEM TO SOCIAL SERVICES AND MAKE SURE THEY ARE TAKEN CARE OF.

OKAY, WELL, I JUST WANT TO THANK YOU ALL FOR HEARING US AND I DO HOPE THAT WE HAVE AN AFFIRMATIVE VOTE AND OUTLAW ABORTION IN THIS

[00:10:06]

THANK YOU. >> MAYOR: LISA HEELY.

>> HI. LISA HEELY, I'M SO EXCITED TO BE HERE TONIGHT. THANK YOU SO MUCH FOR THE TIME TO TALK TO YOU. I AM IN FAVOR OF THE CITY OF MIDLOTHIAN BECOMING A SANCTUARY CITY FOR THE UNBORN.

I KNOW THAT OUR COUNTY IS A SANCTUARY FOR THE UNBORN AND WHEN WE BECAME THAT, I WAS SO EXCITED TO TELL ALL MY FRIENDS FROM OUTSIDE OF TEXAS THAT OUR COUNTY WAS A SANCTUARY FOR THE UNBORN. AND THEN WHEN I HEARD THAT THIS WAS ON THE AGENDA, I KNEW THAT I HAD MOVED TO THE RIGHT CITY.

THAT THIS WAS THE PLACE I WAS MEANT TO BE BECAUSE EVERY LIFE IS IMPORTANT. IT IS GOD'S WILL THAT THEY COME TO US AND I REALLY HOPE THAT THE BOARD DOES DECIDE TO MOVE FORWARD. THE COUNCIL DOES DECIDE TO MOVE FORWARD TONIGHT ON A VOTE AND A VOTE IN THE AFFIRMATIVE.

THANK YOU VERY MUCH AND HAVE A GREAT EVENING.

>> THANK YOU. >> THANK YOU.

>> MAYOR: ASHLEY RICKET. >> HELLO, GOOD EVENING, BOARD, AND MAYOR RENO. I WANT TO START OUT BY SAYING THANK YOU FOR YOU ALLOWING ME O SPEAK TO YOU THIS EVENING.

I'M ASKING YOU TO CONSIDER VOTING ON THE ORDINANCE TO MAKE MIDLOTHIAN EVEN GREATER THAN IT ALREADY IS, BY MAKING US A SANCTUARY CITY FOR THE UNBORN. THERE IS NOTHING MORE IMPORTANT IN THIS WORLD THAN THE CHILDREN THAT ARE INSIDE AND OUTSIDE OF THE WOMB. I'M A MOTHER OF THREE, VERY YOUNG CHILDREN. TWO OF THEM ARE BEAUTIFUL BLOND LITTLE GIRLS. AND I WILL TELL YOU THERE'S NOTHING MORE SCARY THAN THIS WORLD FOR THEM AND FOR THEM TO BE ABLE TO BE GROWING UP IN A CITY THAT RESPECTS LIFE FOR ALL CHILDREN IS VERY IMPORTANT TO ME.

AND WITH THAT, I WOULD LIKE TO ALSO SHARE SOMETHING WITH YOU.

WE MOVED HERE BECAUSE WE MOVED HERE FOR A SMALL CITY AND THEN WE KEPT GROWING AND GROWING AND RECENTLY, WITHIN THE LAST TWO YEARS, I ACTUALLY DON'T TAKE MY CHILDREN BY MYSELF TO WALMART BECAUSE I HAVE THESE CUTE LITTLE BLOND GIRLS AND WE HAVE HAD ISSUES WITH PEOPLE THAT COME TO OUR CITY FROM OUTSIDE TO SHOP AT OUR STORES LIKE KROGER AND WALMART AND I AM VERY WORRIED ABOUT SOMEBODY STEALING THEM FOR SEX TRAFFICKING.

AND THAT IS A REAL FEAR THAT MOST MOTHERS PROBABLY DO HAVE.

BUT WITH THAT, I WANT TO EXPRESS TO YOU THAT TONIGHT YOU ARE FACED WITH A VERY UNIQUE SITUATION.

I BELIEVE THAT GOD HAS GIVEN YOU THIS VERY OPPORTUNITY TO PROTECT LIFE OF EVERY CHILD HERE IN MIDLOTHIAN AND TO PROTECT OUR COMMUNITY FROM THE SIN OF MURDER.

THE FACT IS THAT HUMAN TRAFFICKING DOES HAPPEN AND IT IS ON THE RISE AND MIDLOTHIAN IS NOT IMMUNE TO THAT.

HUMAN TRAFF TRAFFICKERS COERCE S TO HAVE ABORTIONS AGAINST THEIR WILL ALL THE TIME. THE CLAUSE ABOUT COERCION INSIDE AND OUTSIDE THE CITY LIMITS COULD PROTECT WOMEN AND GIRLS IN MIDLOTHIAN FROM HUMAN TRAFFICKERS WHO WILL COERCE THEM INTO ABORTIONS ANYWHERE. SO THE WOMEN CAN BE EXPLOITED AGAIN AND AGAIN. YES, THERE ARE STATE LAWS AGAINST HUMAN TRAFFICKING BUT WITHOUT AN ORDINANCE WE ARE INVITING THAT INTO OUR CITY. I ASK THAT YOU PRAY AND DISCERN OVER THIS AND TAKE THIS OPPORTUNITY TO PROTECT WOMEN AND CHILDREN IN OUR CITY AGAINST THIS MENTALLY EVIL AND PHYSICALLY CRUEL ACTION. REMEMBER WHEN YOU GUYS VOTE TONIGHT AND WHEN YOU GUYS ARE DISCUSSING THIS, THAT EVERY DAY THAT PASSES, ANOTHER CHILD'S LIFE IS AT RISK.

THANK YOU. >> ALEXA VANN.

DID I SAY THAT CORRECTLY? ANDREW BOLSTER.

[00:15:09]

>> THANK YOU. I AM HERE TO SPEAK ON THE AGENDA

ITEM 2022-176. >> 177.

I DON'T KNOW IF I SIGNED UP -- >> MAYOR: YOUR NAME AND ADDRESS.

>> I'M ON 176. >> OKAY.

WE WILL ADDRESS THAT LATER. >> OKAY, OKAY, NO PROBLEM.

>> MAYOR: KEVIN LEE. JAMES WASHINGTON.

VERNON -- ARE YOU JAMES WASHINGTON?

>> YES, SIR. >> OKAY.

>> MAYOR: ?ANAME AND ADDRESS, PLEASE.

>> GOOD EVENING, COUNCILMEN, THANK YOU FOR HAVING ME HERE.

MY NAME IS JAMES WASHINGTON AND I RESIDE AT 6420 JASPER CIRCLE MIDLOTHIAN, TEXAS. AS A VETERAN AND AS A TAXPAYER, I WOULD LIKE TO THANK THE COMMUNITY FOR ALLOWING ME TO SPEAK TONIGHT. I AM HERE TONIGHT TO BE IN OPPOSITION OF A TOUGH DECISION THAT YOU ALL HAVE TO MAKE TONIGHT, A PROPOSAL TO MAKE MIDLOTHIAN A SANCTUARY CITY FOR THE UNBORN. MIDLOTHIAN IS A BEAUTIFUL CITY BUT WHAT WILL MAKE MIDLOTHIAN EVEN MORE BEAUTIFUL, EVEN MORE BEAUTIFUL CITY, IS ITS PEOPLE AND THE WILLINGNESS TO COME TOGETHER TO SOLVE COMMON PROBLEMS LIKE INFRASTRUCTURE, SCHOOLS AND, YES, TAXES. THIS PROPOSAL WILL ONLY FURTHER DIVIDE AN ALREADY DEEPLY DIVIDED COMMUNITY WHERE SOME RESIDENTS FEEL UNWELCOME. THIS PROPOSAL, IN MY OPINION, IS AN OVERREACH OF GOVERNMENT INTO A DEEPLY PERSONAL DECISION OF A WOMAN AND COMES AT A TIME WHEN THIS CITY COUNCIL IS CONFRONTED WITH ISSUES SUCH AS THE SPEEDWAY AT HIGHWAY 287 AND PRESIDENTIAL.

DO WE NEED TO WAIT UNTIL A TEENAGER INNOCENTLY COMING FROM WHATABURGER IS KILLED BY A SPEEDING TRAFFIC BEFORE OUR CITY COUNCIL DOES SOMETHING ABOUT IT? WHAT ABOUT THE SPEEDWAY AT FM 6633? WHERE T THE ONLY TIME PEOPLE SLW DOWN IS WHEN THE SCHOOL ZONE LIGHTS COME ON.

DO WE NEED TO WAIT UNTIL A TEACHER GOING TO WORK EARLY IN THE MORNING TO GET READY FOR A CLASS AT MOUNTAIN PEAK ELEMENTARY GET KILLED BY SPEEDING OR TRAFFIC.

OR MAYBE SHE IS STAYING LATE TO GRADE SOME PAPERS.

THERE ARE CURRENTLY 50 REGISTERED SEX OFFENDERS LIVING IN OUR ZIP CODE, MIDLOTHIAN, TEXAS.

IN MY OPINION, THE CITY IS ALREADY A SANCTUARY CITY.

WHAT ARE WE DOING TO PROTECT OUR CHILDREN FROM THESE PREDATORS LIVING AMONG US? GENTLEMEN, YOU HAVE A TOUGH DECISION TO MAKE. BUT IN THAT DECISION, WE TRUST THAT YOU WILL MAKE THE RIGHT DECISION BUT ALSO IT IS A DECISION THAT I BELIEVE SHOULD BE PUT BEFORE THE VOTERS.

IF WE ARE GOING TO BE OR CONSIDERED AN ORDINANCE OF THIS MAGNITUDE, LET'S PUT IT BEFORE ALL THE VOTERS OF THE CITY.

I YIELD BACK THE REST OF MY TIME.

>> MAYOR: THANK YOU. VERNON WITHERSPOON.

>> MY NAME IS VERNON WIDTHERSPOON.

I L LIVE AT COLONIAL LANE. I WANT TO THANK YOU FOR SPEAKING WITH YOU. I WANT TO THANK JUSTIN HUD

[00:20:03]

WHEN YOU PLACE -- YOU NOW PLACE IT IN A SPECIAL POSITION TO BE ABLE TO ACT ON YOUR FAITH, BE ABLE TO STAND UP AND TAKE ACTION. NOT JUST PROCLAIM YOUR FAITH BUT ACTUALLY ACT ON YOUR FAITH. AND THAT'S THE NATURE OF THIS TYPE OF ORDINANCE. AND WHETHER YOU BELIEVE IT OR NOT, IF YOU TAKE NO ACTION, YOU ARE ACTING.

THAT'S JUST THE WAY IT WORKS. WHEN YOU PLACE IT ON THE AGENDA, WHEN YOU HAVE AN OPPORTUNITY TO SAVE LIVES AND YOU ELECT NOT TO, THEN THE RESULT IS YOU WILL HAVE TAKEN ACTION.

WHAT BEST WAY IS, NIGHTTIME I'M NOT GOINGTO PROJECT.

WHETHER THE THIRD OPTION PRESENTED, AS LONG AS WE MOVE FORWARD. AS LONG AS WE MOVE AND WE ARE TAKING ACTION BECAUSE WHAT I WANT YOU TO UNDERSTAND IS, IT IS ON THE DOORSTEP AND I CAN'T EMPHASIZE THAT ENOUGH.

IT IS -- IF YOU THINK THAT IT IS NOT HERE, IT IS NOT COMING, IT IS NOT GOING TO BE A PART OF ANYTHING, THEN I DON'T KNOW WHAT YOU HAVE BEEN WATCHING OR WHAT YOU HAVE BEEN LOOKING AT, BUT THIS NATION IS FACED WITH THESE TYPE OF ISSUES AND CAN YOU AFFORD NOT TO ACT. PLEASE CONSIDER MOVING FORWARD WITH THE ORDINANCE. I AM FOR THE ORDINANCE.

DON'T WALK BACK. I KNOW THAT'S A COMMON TERM.

BUT WE PLACED IT BEFORE US. IT IS NOT A TIME TO WALK BACK.

IT IS A TIME TO WALK FORWARD AND TAKE THE ACTION.

AND SAVE LIVES, SAVE AS MANY LIVES AS YOU CAN.

IF YOU WERE GIVEN THAT, I THINK YOU WOULD ANSWER, WELL, OF COURSE I WOULD SAVE LIVES. THAT'S WHAT THIS IS ABOUT.

AND I ASK TO MOVE FORWARD AND PROVE IT.

THANK YOU. >> MAYOR: JOHN HAMETUR.

>> GOOD EVENING, MAYOR, COUNCILMAN, 2018 KOEHLER COURT IN MIDLOTHIAN. I HAVE BEEN HERE 22 YEARS.

SPOKE A COUPLE WEEKS AGO, TOO, I WON'T GO THROUGH ALL THAT AGAIN.

YOU CAN REVIEW YOUR NOTES FROM LAST TIME.

WHAT I DO WANT TO LET YOU KNOW, TOO -- SOME OF YOU WEREN'T HERE.

ASK YOUR BUDDIES. MANY PASTORS ARE SUPPORTIVE OF THIS. I'M IN FULL SUPPORT OF THE ORDINANCE AND WHAT THIS DOES. WE HAVE HAD FOLKS PROVIDE INPUT INTO THIS TO MAKE SURE WE DID IT RIGHT.

IT IS DONE RIGHT. WHETHER THERE'S ANY MINOR TWEAKING THAT NEEDS TO BE DONE, I'M NOT AN ORDINANCE EXPERT BUT AT THE SAME TIME I WANT TO MAKE SURE THIS GETS PASS THE TONIGHT PASSED TONIGHT.I'M CONCERNED ABE OPPORTUNITY FOR WEAKENING OF THIS ORDINANCE. IF IT IS PUT OFF AFTER TONIGHT, WE WILL HAVE LOTS OF INPUT, LOTS OF HELP FROM OTHERS THAT WE MAY NOT WANT HELP ON, WE DON'T NEED A LOT OF FOLKS THAT ABSENTER ARM THIS COMMUNITY PROVIDING INPUT INTO WHAT WE FEEL IS IMPORTANT.

IF YOU LOOK AT THE SUCCESS OVER THE LAST 41 -- LAST WEEK IS 41.

THE OTHER DAYS 42. NOW 43 CITIES IN THE STATE OF TEXAS THAT HAVE PASSED THIS DANG NEAR IDENTICAL ORDINANCE.

VERY, VERY SIMILAR. I WILL SAY IDENTICAL.

THE VOTERS HAVE SPOKEN. THE VOTERS HAVE SPOKEN BY ELECTING YOU. I WANT YOU, MANY OF US WANT YOU, TO DO WHAT WE ELECTED YOU TO DO. I SUPPORT THIS ORDINANCE.

I BELIEVE IN PRO LIFE. THERE HAS BEEN SOME QUESTIONS ABOUT THE TEXAS HEARTBEAT ACT. I WILL READ SOMETHING REAL QUICK AND MR. RENO, GIVE ME MY 30 SECONDS WHEN YOU ARE READY.

IT IS NOT LONG. HOW IS THIS ORDINANCE OUTLAWING ABORTION DIFFERENT FROM THE TEXAS HEARTBEAT ACT? THIS ORDINANCE O OUTLAWING -- AISAID ALLOWS.

THIS ORDINANCE OUTLAWING IS STRICTER THAN THE TEXAS HEARTBEAT ACT. THE TEXAS HEARTBEAT ACT ALLOWS THIS ORDINANCE TO BE STRICTER AS LONG AS IT IS NOT STRICTER THAN CURRENT STATE LAW, WHICH IS IT IS NOT.

LEGISLATURE FINDS THE STATE OF TEXAS NEVER REPEALED EITHER EXPRESSLY THE STATE STATUTES ENACTED BEFORE THE RULING OF ROE V. WADE. SO AGAIN, THERE'S A DIFFERENCE

[00:25:02]

I WANT TO MAKE SURE THAT YOU GUYS UNDERSTAND THERE ARE A LOT OF PEOPLE IN SUPPORT OF THIS. A LOT OF PEOPLE WHO WOULD HAVE BEEN HERE TONIGHT THAT DIDN'T HAVE THE OPPORTUNITY TO BE HERE.

I'M SPEAKING OF THOSE OF US THAT ARE INVOLVED IN CHURCHES, THOSE OF US THAT VOTE A CERTAIN WAY, THOSE OF US THAT ARE PRO LIFE.

THANK YOU FOR YOUR TIME. >> THANK YOU.

>> MAYOR: DANA ROWE. >> GOOD EVENING COUNCIL.

I'M DANA ROWE, 1920 GEORGIA WAY IN MIDLOTHIAN.

I HAVE LIVED HERE 35 YEARS. MY HUSBAND AND I MOVED HERE FOR THE SCHOOLS IN AN AIR STRIP COMMUNITY NEARBY.

I TAUGHT IN MIDLOTHIAN FOR TEN YEARS.

WE GO TO CHURCH HERE. WE HAVE LASTING FRIENDSHIPS HERE. I HAVE GONE FULL CIRCLE.

WE WILL BE TOTAL SUPPORTERS OF TWO LITTLE KINDERGARTEN CHILDREN STARTING IN THE FALL. I AM HERE TONIGHT DISMAYED AT WHAT IS HAPPENING HERE WITHOUT ANY QUESTION, DISCUSSION, MOST IMPORTANTLY VOTE IN CONSIDERATION OF THIS ORDINANCE SANCTUARY CITY. I FEEL A SMALL GROUP OF PEOPLE ARE DECIDING FOR US AN ORDINANCE TO BE PUT IN PLACE ABOUT A CRITICAL ISSUE THAT MAY AFFECT SITUATIONS IN FAMILIES WHERE WE CANNOT KNOW THE CIRCUMSTANCES. WHAT ARE WE DOING HERE AND WHY AND I AM QUESTIONING THE TIMING. I FEEL WE HAVEN'T THE RIGHT TO TAKE AWAY A PERSON'S RIGHT TO CHOOSE.

I KNOW I DON'T WANT MY RIGHT TO CHOOSE BEING TAKEN FROM ME, FROM MY DAUGHTERS AND NOW MY GRANDDAUGHTER.

THERE MUST BE MORE DISCUSSION. THERE SHOULD BE A PUBLIC VOTE.

YOU ARE THE COUNCIL FOR ALL PEOPLE.

PLEASE ALLOW MY OPPOSITION TO THIS ORDINANCE BE RECORDED.

THANK YOU. >> MAYOR: THANK YOU.

GREG WILLHAM. >> GOOD EVENING MAYOR, COUNCILMEN, CITY ATTORNEY. MY NAME IS GREG WILLHELM.

I RESIDE SHALLOW CREEK DRIVE MIDLOTHIAN.

I HAVE THE FORTUNATE BENEFIT OF BEING ABLE TO LEASE OF OLD TROTTER HOUSE FOR MY LAW PRACTICE, WHICH IS A WONDERFUL PLACE TO WORK. I HAVE BEEN SERVING IN THIS COMMUNITY FOR OVER 20 YEARS. I HAVE BEEN FORMER ELECTED COUNTY TREASURER, FORMER TRIAL COURT JUDGE AND THOUGH I DO NOT SPEAK FOR EITHER ORGANIZATION, I AM THE FOUNDING PRESIDENT OF CASA COURT APPOINTED SPECIAL ADVOCATES OF ELLIS COUNTIES AND ELLIS COUNTY, IHAVE BEEN THE STD PRESS FOR TEXAS CASA.

THE REASON THAT I GOT INTO LAW WAS TO DEFEND THE DEFENSELESS.

WHATEVER FORM, FASHION THAT MAY TAKE.

I HAD THE BENEFIT OF BEING ABLE TO WORK WITH THE ELLIS COUNTY JUDGE TODD LITTLE AND COMMISSIONER'S COURT TO DEVELOP A COUNTY AND FIRST LOOK. ONE THING I WOULD LIKE TO POINT OUT IS IN SECTION 2272.005 OF THE TEXAS GOVERNMENT CODE, WHICH PROHIBITS STATE GOVERNMENTAL ENTITIES FROM ENTERING A TAXPAYER RESOURCE TRANSACTION WITH AN ABORTION PROVIDER, IT ALSO PROVIDES, QUOTE, THIS CHAPTER MAY NOT BE CONSTRUED TO RESTRICT A MUNICIPALITY OR COUNTY FROM PROHIBITING ABORTION. IF A COUNTY AND MUNICIPALITY MAY PREVENT ABORTIONS, IT STANDS TO REASON THAT THIS CITY ITSELF COULD ALSO PASS SUCH AN ORDINANCE.

I FULLY, 100 PERCENT SUPPORT THIS ORDINANCE.

I URGE THE COUNCIL TO VOTE UNANIMOUSLY IN PASSING THIS AUDIENCE. IF IT DOES NOT, YOU DO FORM A SUBCOMMITTEE, THEN I WILL VOLUNTEER THE RESOURCES OF MYSELF AND MY FIRM TO AID AND PARTICIPATE IN THAT PROCESS IF SO REQUESTED. THANK YOU FOR THIS TIME.

>> THANK YOU. >> MAYOR: PETE LEWISTON.

>> CITIZENS, I'M PETE LEWISTON, 4460 SIR LANCE LOT CIRCLE, MIDLOTHIAN, TEXAS. I HAVE CHOSEN TO SPEAK TO THE COUNCIL THIS EVENING ON BEHALF OF THIS AGENDA ITEM TO CREATE A SANCTUARY FOR LIFE IN MIDLOTHIAN.

[00:30:01]

JUST TO REMIND US OF HOW OUR LIFE STARTED, MALE AND FEMALE BEING PRODUCED A NEW HUMAN BEING OUT OF THE MYSTERY THAT IS THE CREATION OF LIFE. WHEN YOU AND I WERE DEVELOPING AND ALIVE IN OUR MOTHER'S WOMB, IF SOMETHING OR SOMEONE HAD ACTED VIOLENTLY AND LETHALLY UPON US, WE WOULD NOT BE HERE AT THIS MOMENT. INDEED, WHILE IN THE WOMB, IF WE WERE GIVEN THE CHOICE TO LIVE OR DIE, I AM CONFIDENT BOTH YOU AND I WOULD HAVE CHOSEN LIFE. UNFORTUNATELY, HUMAN LIVES STILL IN THE WOMB A ARE DEFENSELESS DEFENSELESSMAKE.

60 MILLION HUMAN LIVES ENDED IN THE UNITED STATES SINCE LEGALLY SANCTIONING THE PRACTICE OF KILLING UNBORN HUMANS.

AS CITIZENS OF THIS WONDERFUL NATION, THE LIVING HAVE ENJOYED THE RELATIVE PROSPERITY AND PERSONAL FREEDOMS GREATER THAN ANY NATION OF PEOPLE IN HISTORY. THOSE WHO MAY HAVE A DIFFERENT VIEWPOINT THAN MINE MIGHT ASK, WHAT ABOUT MY RIGHT TO LIVE AND DO WHAT I WANT? THE FOUNDERS OF THIS NATION COMMITTED THEIR LIVES TO THE PROSPECT OF THIS FREE AND HONORABLE SOCIETY, PLACING ONE INALIENABLE RIGHT ABOVE ALL OTHERS, THE RIGHT TO LIFE FOR EVERY PERSON.

AT CRUCIAL TIMES IN HISTORY, WE HAVE SEEN HEROS STAND FORTH FOR THE LIVES OF THEIR FELLOW MAN, USUALLY AT ODDS, TOO, OR DESPITE THE SILENCE OF THE GREATER SOCIETY.

RECENT HISTORY HAS INCLUDED PERSONS SUCH AS OUR NATION'S MARTIN LUTHER KING JUNIOR, SOUTH AFRICA'S NELSON MANDELA AND STILL INFLUENCING OUR AMERICAN SOCIETY, THE 19TH CENTURY PARLIAMENTARIAN, WILBUR. ESPECIALLY IN A FREE AND REPRESENTATIVE FORM OF GOVERNANCE OF, BY, AND FOR THOSE WHOSE LIVES ARE AFFECTED. WHETHER CAPABLE OF VOTING OR NOT AS REPRESENTATIVES OF PEOPLE OF MIDLOTHIAN WHO CHOSE YOU TO MAKE DECISIONS AFFECTING THE WELFARE OF ITS PEOPLE, I URGE YOU TO BE THE HERO OF THOSE WHO ARE INNOCENT AND WITHOUT A VOICE ALSO UPHOLDING AND ASSURING THEIR RIGHT TO LIFE.

THANK YOU. >> MAYOR: LEWIS PONDER.

>> MAYOR, COUNCILMEN, THANK YOU FOR YOUR TIME.

I'M HERE 100 PERCENT IN FAVOR OF THIS ORDINANCE.

RIGHT TO LIFE IS THE UP MOST RIGHT THAT WAS RECORDED WITHIN OUR FOUNDER DOCUMENTS. NOT BY THE FOUNDERS BUT BY GOD HIMSELF. I THINK BACK ABOUT AS A YOUNG COUPLE, WHICH MY WIFE AND I GOT MARRIED EXTREMELY YOUNG, WE COULD HAVE FOLLOWED THROUGH WITH AN ABORTION WITH EITHER ONE OF THESE CHILDREN AND I THINK BACK OF WHAT I WOULD HAVE MISSED IN MY LIFE AND WHAT THEY WOULD HAVE MISSED, BOTH WONDERFUL, PRODUCTIVE ADULTS. MY YOUNGEST DAUGHTER HAS TWO BEAUTIFUL GRANDDAUGHTERS -- WELL, DAUGHTERS.

MY GRANDDAUGHTERS. THAT WOULD NOT BE HERE.

WHAT IF MY MOTHER WOULD HAVE ABORTED ME? NONE OF THEM WOULD BE HERE. WHAT IT MY WIFE'S MOTHER WOULD HAVE ABORTED HER? WE STILL WOULD NOT BE HERE.

WE WOULD NOT BE IN THE SITUATION WE ARE IN TODAY.

I URGE YOU TO PLEASE VOTE FOR THE MOST STRINGENT AND AGGRESSIVE ORDINANCE THAT YOU HAVE TO CHOOSE FROM HERE.

THANK YOU. >> THANK YOU.

>> MAYOR: OUR LAST SPEAKER IS TODD LITTLE.

>> THANK YOU, MAYOR, THANK YOU COUNCILMEN.

I'M GOING TO READ FROM THE DOCUMENT, DECLARATION OF INDEPENDENCE, JULY 4TH, 1776, THE SECOND PARAGRAPH.

WE HOLD THESE TRUTHS TO BE SELF-EVIDENT THAT ALL MEN ARE CREATED EQUAL AND THAT THEY ARE ENDOWED BY THEIR CREATOR BY

[00:35:01]

I WOULD LIKE TO JUST READ SOME EXCERPTS FROM THE RESOLUTION THAT WAS PASSED BY THE COMMISSIONERS COURT ON JANUARY 28TH OF 2020. WHEREAS THE DECLARATION OF INDEPENDENCE AFFIRMS THESE, THAT ALL MEN ARE CREATED EQUAL.

CHIEF AMONG THEM ARE THE RIGHT TO LIFE AND THAT THE PROTECTION OF THESE RIGHTS AS AFFIRMATIVE DUTY OF FEDERAL, STATE, AND LOCAL GOVERNMENTS, WHEREAS A SURGICAL AND CHEMICAL ABORTION IS THE PURPOSEFUL INTENTIONAL TERMINATION OF THE LIFE OF THE CHILD IN THE WOMB. WHEREAS THE FIFTH AND 14TH AMENDMENTS TO THE UNITED STATES CONSTITUTION PROVIDE FOR THE PROTECTION OF HUMAN LIFE AND LIBERTY.

WHEREAS THE SUPREME COURT OF THE UNITED STATES IN POLKER VERSUS DOE, CONCLUDED THE CONSTITUTION DOES NOT FORBID A STATE OR CITY PURSUANT TO THE DEMOCRATIC PROCESSES FROM EXPRESSING A PREFERENCE FOR NORMAL CHILDBIRTH INSTEAD OF ABORTION.

WHEREAS THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION GIVES THE STATES POWERS NOT DELEGATED TO THE UNITED STATES WHEREAS THE POWER TO ESTABLISH AND ENFORCE LAWS PROTECTING THE WELFARE, SAFE, AND HEALTH OF THE PUBLIC IS A CORE FUNCTION OF THE STATE'S TENTH AMENDMENT, POLICE POWER.

WHEREAS, CHAPTER 22772 OF THE GOVERNMENT CODE PROHIBITS ANY POLITICAL SUBDIVISION OF THE STATE OF TEXAS TO USE TAXPAYER DOLLARS TO FUND ANY ABORTION, PROVIDER OR AFFILIATE OF AN ABORTION PROVIDER. AND WHEREAS SECTION 2272.005 OF THE GOVERNMENT CODE GRANTS ELLIS COUNTY THE POWER TO BAN ABORTIONS WITHIN ITS JURISDICTIONS BEING THE COUNTY UNINCORPORATED AREAS AND ELLIS COUNTY COMMISSIONER'S COURT EXPRESSES ITS DEEP CONCERN, ALL HUMAN BEINGS, BEFORE BIRTH IN THE COUNTY OF ELLIS SHOULD BE AAFFORDED PROTECTION FROM ACTS F CRUELTY AND BE TREATED HUMANELY AND DIGNITY.

WHEREAS THE ELLIS COUNTY COMMISSIONER'S COURT AFFIRMS COMMITMENT TO THE USE OF ANY LEGAL MEANS NECESSARY TO PROTECT THE UNBORN. COUNCIL, MAYOR, LET ME REMIND YOU THAT ON MAY OF THIS LAST YEAR, 2021, LUBBOCK VOTESSERS, MAJORITY VOTE, TO BECOME A SANCTUARY FOR THE UNBORN AND PRO PROHIBIT ABORTION IN THE CITY OF LUBBOCK AFTER ALL THE COUNCIL MEMBERS CITED LEGAL COMPLICATIONS, THEY VOTED THE ORDINANCE DOWN. EVERYONE OF THOSE COUNCIL MEMBERS HAVE OPPONENTS IN THE UPCOMING ELECTION.

THE U.S. SUPREME COURT LEFT IN PLACE A TEXAS ABORTION LAWS THAT BANS THE PROCEDURE AFTER FIRST SIX MONTHS OF PREGNANCY, THANK

YOU. >> I HAVE A QUESTION FOR THE JUDGE IF THE MAYOR WOULD ALLOW IT.

>> SO I SEE THAT THE COUNTY HAS A RESOLUTION BUT I WANT TO JUST MAKE CLEAR THE COUNTY DOES NOT HAVE AN ORDINANCE.

>> THAT IS CORRECT. IN THE SECOND PARAGRAPH BELOW THE WHEREAS RESOLUTION, ELLIS COUNTY COMMISSIONER'S COUNTY HERE BY RESOLVES TO PRESENT AN ORDINANCE TO ENFORCE THE INTENT OF THE RESOLUTION WITHIN ANY MEANS OF ITS POWERS AND IN ACCORDANCE WITH THE RESPONSIBILITY.

THAT IS NO. 2. >> YES, SIR.

>> AS OF TODAY, THERE'S NO ORDINANCE, IT IS A RESOLUTION.

>> THAT IS CORRECT. >> THANK YOU.

>> MAYOR: AT THIS TIME, COUNCIL WILL CONVENE TO AN EXECUTIVE SESSION AT 6:39. PURSUANT TO SECTION 551.0712, LEGAL CONSULTATIONS WITH CITY ATTORNEY IN THE AGENDA ITEM

LISTED HEREIN, 2022-177. >> THAT'S THE ONLY ONE WE ARE DISCUSSING IN THIS EXECUTIVE SESSION.

>> MAYOR: SO AT 6:39, WE ARE CONVENED TO EXECUTIVE SESSION.

WE WILL A 7:15, BACK INTO SESSION, ITEM 2021-177.

I WILL TURN THE FLOOR OVER TO COUNCILMAN COFFMAN.

>> THE TEXAS RIGHT TO LIFE PUT THE ORDINANCE TOGETHER BY WORKING WITH AN ATTORNEY MITCHELL.

I HAVE ASKED ASHLEY LEANERT TO GIVE US A HIGH LEVEL OR LOOK ATE

[00:40:01]

OVER TO ASHLEY. >> I WANT TO INVITE MARK LEE DIXON. I WAS GOING TO GO YOU AN OVERVIEW OF THE ORDINANCE AND HISTORY, AND MAYBE ADDRESS SOME CONCERNS AND THEN AFTER THAT, LET MARK SAY A FEW THINGS AND THEN TAKE QUESTIONS AFTER THAT, IF THAT'S ALL RIGHT.

OKAY, AWESOME. >> MAYOR RENO, THANK YOU VERY MUCH FOR THE OPPORTUNITY TO SPEAK TO YOU TONIGHT AND THANK YOU FOR PUTTING THIS ON YOUR AGENDA.

MY NAME IS ASHLEY LEANERT. HUGH REYNOLDS REACHED OUT TO ABOUT A YEAR AGO AND WANTED TO KNOW WHAT HE COULD DO TO MAKE MIDLOTHIAN A SANCTUARY CITY FOR THE UNBORN.

WE HAVE BEEN GUIDING HIM THROUGH THIS PROCESS.

I HAVE ONLY TALKED TO PEOPLE THAT HE HAS CONNECTED ME.

I HAVE NOT BEEN A LEADER. YOUR CONSTITUENTS ARE THE ONES LEADING THIS EFFORT, I'M HERE TO SPEAK ON BEHALF OF THEM AND IN SUPPORT OF THEM MIDLOTHIAN WOULD NOT BE BREAKING NEW GROUND WITH THE PROPOSED ORDINANCE, FOLLOWING IN THE FOOTSTEPS OF THREE DOZEN TEXAS CITIES TO HAVE THIS IN EFFECT.

BEFORE ROE V. WADE, TEXAS LAW PROHIBITED ABORTION EXCEPT IN CASES TO SAVE THE LIFE OF THE MOTHER.

SINCE ROE, THOSE LAWS HAVE NEVER BEEN REVOKED.

MOREOVER, CRIMINAL MURDER STATUTES IN TEXAS INCLUDE INTENTIONALLY OR KNOWINGLY CAUSING THE DEATH OF AN UNBORN CHILD. TEXAS IS DEFINED AS A CRIME BUT THE CRIMINAL ENFORCEMENT IS NOT AVAILABLE AT THIS TIME UNTIL ROE V. WADE IS OVERRULED. ALSO, THE TEXAS LOCAL GOVERNMENT CODE IN SECTION 54.004 SAYS A HOME RULE MUNICIPALITY MAY ENFORCE AN ORDINANCE NECESSARY TO PROTECT THE HEALTH AND LIFE AND PROPERTY AND TO PRESERVE GOOD GOVERNMENT AND ORDER AND SECURITY FOR THE MUNICIPALITY AND ITS INHABIT TANS.

ANCE. MORE SO, SENATE BILL 22 OF THE 86TH LEGISLATIVE SESSION AND SENATE BILL 8 OF THE 87TH LEGISLATIVE SESSION CLARIFY CITIES HAVE THE ABILITY TO PASS THIS MEASURE. SIMILAR TO THE TEXAS HEARTBEAT ACT, THE CIVIL ENFORCEMENT OF THIS ORDINANCE PROVIDES ANY CITIZEN TO BRING A LAWSUIT AGAINST ANY PERSON THAT COMMITS, AIDS, ABEDS AN ABORTION WITHIN THE CITY LIMITS.

THIS IS TO HOLD THE PERSON WHO ACTUALLY PHYSICALLY ENDS THE LIFE OF THE UNBORN CHILD ACCOUNTABLE AND IT IS TO HOLD ACCOUNTABLE THOSE GROUPS THAT PROFIT OFF OF HELPING THAT LIFE BE TAKEN. AND IN TEXAS, I ACTUALLY HAVE A LIST IF ANYONE WANTS IT, WE HAVE ABOUT 14 DIFFERENT BUSINESSES THAT ARE RUNOFF OF AIDING AN ABORTION.

SO THERE'S GROUPS LIKE THE BRIDGE COLLECTIVE, NORTH TEXAS EQUAL ACCESS FUND, LIL'ITH FUND, THEIR ENTIRE BUSINESS IS RAN OFF OF ASSISTING IN PEOPLE SEEKING ABORTION.

IT IS NOT PROVIDING ABORTION. NOT PLANNED PARENTHOOD.

IT IS TO HOLD THOSE GROUPS ACCOUNTABLE AS WELL.

AS MENTIONED PREVIOUSLY, ALSO TO HOLD THOSE WHO DEAL WITH TRAFFICKING ACCOUNTABLE. AND IT IS ALSO TO APPLY COUNTER PRESSURE SO WHEN A WOMAN IS DEALING WITH AN UNEXPECTED PREGNANCY, THERE'S GOING TO BE THE BOYFRIEND, FAMILY PRESSURING, THIS IS A COUNTER PRESSURE AGAINST THOSE PRESSURING HER TO HAVE AN ABORTION.

SO LET'S CONTINUE. SO WE ALSO THANKFUL THAT OUR STATE HAS THE TEXAS HEARTBEAT ACT IN PLACE.

SINCE THIS PROTECTS THE PREBORN CHILDREN WITH A DEDETECTIVABLE HEARTBEAT. THAT ACTUALLY ONLY ENDED ABOUT HALF THE ABORTIONS IN TEXAS. THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION IS REPORTED 2,000 ABORTIONS ARE OCCURRING EVERY MONTH IN OUR STATE. WE STILL NEED TO PROVIDE EXTRA PROTECTIONS FOR OUR PREBORN. TEXAS HEARTBEAT END.

WE STILL NEED TO DO MORE. ON TWO SEPARATE OCCASIONS THE ABORTION INDUSTRY HAS TRIED AND FAILED TO SUE THE CITIES THAT HAVE PASSED THIS ORDINANCE AND BOTH TIMES THEY ARE UNSUCCESSFUL. THE FIRST LAWSUIT WAS FRIVOLOUS CLAIM BROUGHT AGAINST 7 OF THE FFIRST DOZEN OR SO TOWNS THAT MOVED THIS ORDINANCE. THAT LAWSUIT WAS DROPPED.

THE SECOND ATTEMPT WAS AGAINST LUBBOCK, ALSO DISMISSED AND IT WAS BECAUSE LUBBOCK SAID THAT PLANNED PARENTHOOD -- OR THE FEDERAL JUDGE SAID PLANNED PARENTHOOD HADN'T DEMONSTRATED STANDING TO SUE THE CITY. AND THEN PLANNED PARENTHOOD APPEALED THAT AND HAS DROPPED THEIR APPEAL RECENTLY AS WELL.

THIS ORDINANCE HAS BEEN TESTED. ALSO, IN THAT LAST CASE, IN THE LUBBOCK CASE, THE ATTORNEY GENERAL'S OFFICE FILED A MEMO ARGUING IN FAVOR OF THE LUBBOCK ORDINANCE AND STATING THAT

[00:45:02]

SO THIS IS BENEFICIAL. THIS IS NECESSARY AND IT HAS BEEN LEGALLY PROVEN. THIS ONE DECLARES ABORTION TO BE MURDER WITHIN YOUR CITY WHICH IS WHAT HAS TAKEN OVER 62 MILLION LIVES SINCE ROE V. WADE. IT, TOO, WILL PREVENT ABORTION INDUSTRY FROM MOVING INTO YOUR CITY AND COMMITTING ABORTIONS.

THEY COULD STILL TECHNICALLY MOVE THIS BUT NOT COMMIT ABORTIONS WITHIN YOUR CITY LIMITS IF YOU HAVE THIS.

OR IF THEY DO, THEY WILL BE HELD RESPONSIBLE.

AND IT WILL PRO ACTIVELY SAVE PREBORN CHILDREN.

AS FAR AS RISKS OR CONCERN, YOU HAVE THREE OPTIONS IN FRONT OF YOU TODAY. NONE THAT DON'T INVOLVE RISK.

YOU HAVE THE OPTION OF PASSING THIS ORDINANCE AND THERE'S A SMALL CHANCE THAT THE ABORTION INDUSTRY COULD TRY AND SUE YOUR CITY. WE HAVE SEEN OVER 40 TIMES CITIES HAVE PASSED THIS AND THE ABORTION INDUSTRY HAS BEEN UNSUCCESSFUL IN THEIR ATTEMPTS. THEY MIGHT TRY AND SUE YOU, THAT IS A RISK YOU WILL HAVE TO DECIDE IF YOU ARE WILLING TO TAKE. THE OTHER OPTION IS YOU CAN TRY AND CREATE YOUR OWN ORDINANCE THAT'S NOT TESTED, THAT THERE AREN'T 40 OTHER ATTEMPTS THAT HAVE BEEN MADE OR 40 OTHER CITIES THAT HAVE PASSED A MEASURE SIMILAR TO WHAT YOU PASSED AND YOU WON'T KNOW IF IT WILL BE STRONG ENOUGH TO, ONE, PREVENT THE ABORTION INDUSTRY AND, TWO, WITHSTAND LAWSUITS.

THE THIRD OPTION WHICH I HOPE AND I DON'T BELIEVE YA'LL WOULD TAKE, BUT IT IS TO DO NOTHING. THIS GAMBLES WITH THE RISK OF ABORTION INDUSTRY MOVING IN AND YOU GAMBLING WITH THE RISKS OF PREBORN LIVES AND THOSE FAMILIES DAMAGED BY THAT.

THERE'S NO CHOICE THAT DOES NOT INVOLVE AN AMOUNT OF RISK.

YOUR CONSTITUENTS ARE ASKING YOU TO SUPPORT THIS ORDINANCE AND TAKE THE RISK TO SAVE AN UNTOLD NUMBER OF LIVES.

I BELIEVE EACH OF YOU DEEPLY VALUE THE LIFE AND WELFARE OF YOUR CITIZENS. TONIGHT YOU WILL HAVE UNIQUE OPPORTUNITY TO STAND FOR LIFE AND PROMOTE JUSTICE.

RIGHT NOW, I WOULD LIKE TO TURN OVER THE MICROPHONE TO MARK DIXON AND THEN TAKE QUESTIONS IF THAT'S ALL RIGHT.

>> CAN YOU GIVE US THAT LIST? >> YES.

>> MAYOR: MARK, IF YOU WILL BE SO KIND TO REMOVE YOUR HAT AT

THE PODIUM. >> I HAVE RELIGIOUS REASONS.

>> I'M SORRY. >> I HAVE RELIGIOUS REASONS.

MY NAME IS MARK LEE DIXON, DIRECTOR WITH RIGHT TO LIFE OF EAST TEXAS. FOUNDER OF WHAT IS CALLED THE SANCTUARY CITY FOR THE UNBORN NIRTIVE.

I HAVE BEEN INVOLVED IN ALL 48 CITIES THAT HAVE PASSED ORDINANCES OUTLAWING ABORTION. 43 IN TEXAS.

TWO IN NEBRASKA, TWO IN OHIO AND ONE IN LOUISIANA.

I HAVE A LIST OF 48 CITIES WITH THEIR POPULATION I WILL HASN'T OVER TO YOU GUYS NOW. THE WAY THIS STARTED WAS AN AO BORINGS FACILITY IN SHREVEPORT, LOUISIANA, AT ONE TIME WAS CROSSING THE BORDER TO A LITTLE PLACE CALLED WASCO, TEXAS, THE ABORTION INDUSTRY WAS INTERESTED IN WACUM TEXAS, A CITY MONEY FOR JIM'S BARBECUE, DAVID BEARD'S CATFISH VILLAGE AND EAST TEXAS FOOTBALL. THEY DIDN'T WANT TO KNOW KNOWN FOR ABORTION. WHEN I REACHED OUT TO THE MAYOR, IT WAS VERY CLEAR THAT THE MAYOR WAS NOT WANTING ABORTION IN THAT COMMUNITY. AND SO HE SAID WHAT DO WE NEED TO DO? YOU NEED TO PASS AN ORDINANCE OUTLAWING ABORTION. IT ENDED UP DRAFTING AN ORDINANCE FOR HIM AND I WAS SITTING UP AT A CHICK-FIL-A IN LONG VIEW, TEXAS, LOOKING OVER THAT ORDINANCE.

I KNEW THAT I AM CALLED TO LOVE MY NEIGHBOR.

THE UNBORN, THEY ARE MY NEIGHBOR BUT SO ARE THE COUNCIL MEMBERS, THEY ARE MY NAME AS WELL. AND I DON'T THINK IT IS VERY LOVING TO HAND AN ORDINANCE OVER TO A COUNCIL WHERE THEY COULD BE SUED INTO OWE BLI OBLIVION. I TEXTED MY SENATOR, SENATOR HUGHS IF THIS ABORTION FACILITY MOVES TO WASCUM, THIS -- HE WANTED TO INTRODUCE ME TO A FRIEND.

ENDED UP IN CAFERTION OVER THE R THE PHONE WITH THE TWO OF THEM.

JONATHAN MITCHELL SAID, I CAN'T BELIEVE IT HAS BEEN DONE BEFORE.

SENATOR HUGHS SAID, JONATHAN, DO YOU THINK WE COULD DO WITH THIS WHAT WE ARE TALKING ABOUT DOING WITH THE TEXAS HEARTBEAT BILL? AND I SAID, WHAT ARE YA'LL PLANNING ON DOING TO THE TEXAS HEARTBEAT BILL. THEY EXPLAINED THIS PRIVATE ENFORCEMENT MECHANISM. LONG STORY SHORT, WE HAVE SEEN 43 CITIES IN TEXAS PASS THIS ORDINANCE AND IT HAS PAVED THE

[00:50:02]

AND WE HAVE SEEN, THERE'S GREAT ANNOUNCEMENT TODAY THAT THE FIFIFTH CIRCUIT COURT OF APPEALS ENDED UP ISSUING THEIR OPINIONS SAYING THAT IT IS OVER, THAT THE CASE AGAINST THE PRIVATE ENFORCEMENT MECHANISM OF THE TEXAS HEARTBEAT ACT SHOULD BE DISMISSED. GUYS, I WAS THE ONLY NAMED NONGOVERNMENT ACTOR IN THAT LAWSUIT ON TEXAS HEARTBEAT ACT THAT WENT BEFORE TEXAS SUPREME COURT, CIRCUIT COURT OF APPEALS AND UNITED STATES SUPREME COURT. GUYS, IT IS A GOOD THING TO WIN AND THE ORDINANCES WHICH WE HAVE BEEN INVOLVED IN HAVE BEEN WINNING ORDINANCES. ALL 43 ORDINANCES IN TEXAS -- I'M NOT GOING TO TALK ABOUT LOUISIANA AND NEBRASKA AND OHIO.

WE ALL KNOW THE LAWS, THEY ARE DIFFERENT.

BUT HERE IN TEXAS, ALL 43 ORDINANCES HAVE WHAT YA'LL HAVE IN THIS ORDINANCE. THEY HAVE THE OUTLAWING OF ABORTION. OUTLAWING THE AIDING AND ABETTING OF ABORTION IN THE CITY LIMITS.

THAT IS IN EVERY SINGLE ORDINANCE IN TEXAS.

SO WHAT YOU WILL HAVE BEFORE YA'LL IS A VERY SOLID ORDINANCE AND WHILE TWEAKS CAN BE MADE TO THE ORDINANCE, THERE ARE SOME THINGS THAT IF THEY ARE REMOVED COULD JEOPARDIZE NOT JUST THE ORDINANCE IN YA'LL'S CITY BUT COULD JEOPARDIZE THAT THE LEGACY THAT WE HAVE CREATED. THE REPUTATION OF THESE BEING SUCCESSFUL. THE ABORTION INDUSTRY WOULD LOVE TO FIND A KINK IN THESE ORDINANCES AND THEY MAY EVEN SUGGEST SOME THINGS THAT YOU COULD DO SO THEY CAN WIN A LAWSUIT. BUT MY ENCOURAGEMENT WOULD BE TO PASS THIS ORDINANCE AS-IS AND I WOULD SAY THAT YOU COULD EVEN PASS IT AND WITH THE UNDERSTANDING THAT, HEY, LET'S TALK ABOUT WHAT TWEAKS CAN BE MADE BETWEEN NOW AND THE NEXT COUNCIL MEETING AND THAT COULD BE CLEARED UP BETWEEN NOW AND THEN. BUT, STILL, MOVES THIS REALLY GOOD ORDINANCE FORWARD AND SO THE LAST THING I WILL SAY IS EVERY CITY THAT I HAVE GONE BEFORE, THE THING THAT DRIVES ME IS MY FAITH. AMOS5:15 SAYS TO HATE EVIL AND ALLOW JUSTICE WITHIN CITY GATES. ALL MY LIFE I HAD HEARD IF YOU WANTED TO TAKE CARE OF ABORTION, YOU GET IT DONE IN AUSTIN, TEXAS, AND WASHINGTON, D.C.. WELL, IF AN ABORTION FACILITY MOVED TO MIDLOTHIAN, TEXAS, IT IS NOT AUSTIN'S PROBLEM.

IT IS NOT WASHINGTON, D.C.,'S PROBLEM.

IT IS YA'LL'S PROBLEM. AND SO MY ENCOURAGEMENT WOULD BE TO HATE EVIL, LOVE GOOD, ESTABLISH JUSTICE AND AS THE SCRIPTURE SAYS, BE GRACIOUS ON THE REMNANT OF JOSEPH.

SO MANY GREAT STORIES OF THESE CITIES THAT HAVE PASSED IT, LIVES HAVE BEEN SAVED. SINCE JUNE 1ST OF LAST YEAR, NO ABORTIONS HAVE TAKEN PLACE IN THE CITY OF LUBBOCK.

GUYS, IF YA'LL PASS THIS ORDINANCE, THEY ARE NOT EVEN GOING TO THINK ABOUT COMING HERE AND SETTING UP SHOP.

I YIELD FOR QUESTIONS. >> THANK YOU.

>> THANK YOU. >> DID YA'LL HAVE ANY QUESTIONS

OF ME AS AS WELL? >> I GUESS I DO.

IN THE HYPOTHETICAL, THE WAY THAT THIS ORDINANCE IS WRITTEN IN THE HYPOTHETICALE V. WADE BEING OVERTURNED, THAT'S WHEN PROSECUTION CAN THEN TAKE PLACE, RIGHT? SO CAN YOU GO THROUGH WHAT THAT LOOKS LIKE AT THE CITY LEVEL AS FAR AS HOLDING PEOPLE ACCOUNTABLE BECAUSE WE HAVE DEEMED IT MURDER AND THERE IS NO EXPIRATION DATE ON PROSECUTOR

MURDER, YES? >> YES.

>> IS THAT THE AIDING AND ABETTING CLAUSE THAT WE WERE

TALKING ABOUT? >> SO THE AIDING AND ABETTING IS WHAT IS AVAILABLE RIGHT NOW. THAT WOULD BE NOW UNTIL ROE V.

WADE IS OVERTURNED. THAT'S PRIVATE.

THAT'S THE SAME AS TEXAS HEARTBEAT ACT IN EFFECT.

AFTER ROE V. WADE IS OVERTURNED, CRIMINAL ENFORCEMENT WOULD BE AVAILABLE AND THAT WOULD BE ABLE, SO FROM THE DAY THAT THIS IS PASSED UNTIL THE FUTURE, THAT WILL BE AVAILABLE AFTER ROE V.

WADE IS OVERTURNED. IT COULD BE ANY ABORTION THAT HAS OCCURRED WITHIN, TWO WEEKS FROM NOW WHEN YA'LL HAVE THE SECOND READING, UNTIL WHENEVER. SO THAT COULD BE GOING BACK ONLY UNTIL THE DATE THAT THIS IS PASSED.

[00:55:02]

ENFORCEMENT A LITTLE BIT MORE. >> SO WITH THE THESE ORDINANCESE HAVE HEARD OVER THE COURSE OF TIME, SOME PEOPLE USE THE WORD RETROACTIVE. THAT IS NOT A GOOD WORD.

THESE ARE NOT RETROACTIVE. THESE ORDINANCES GO, THE MOMENT THAT THEY ARE PASSED, THE MOMENT THIS BECOMES THE LAW OF THE CITY, FROM THAT POINT THE PENALTIES COULD BE IMPOSED AS LONG AS IT FOLLOWS WHAT THE ORDINANCE SAYS.

SO IF ROE V. WADE IS OVERTURNED, THEN, OF COURSE, ANY ABORTION PERFORMED WHEN THIS WAS ON THE BOOKS.

SO THE WAY THAT LOOKS, OF COURSE, THE CITY CAN ISSUE THOSE PENALTIES JUST LIKE THEY WOULD ANY OTHER PENALTY.

AND SO THIS IS NO KIND OF SPECIAL TREATMENT ON THAT.

AND THAT COMES UPON THE KNOWLEDGE OF THE SITUATION.

AND SO JUST LIKE YOU WILL HAVE LAWS ON TRASH VIOLATIONS AND PENALTIES FOR THAT, THE SAME KIND OF THING WOULD APPLY HERE.

JUST LIKE ANY OTHER LAW OF THE CITY.

>> COUNCIL, DO YOU HAVE ANY OTHER QUESTIONS?

>> I HAVE ONE ADDITIONAL QUESTION FOR MARK.

IF YOU WOULDN'T MIND. I'M NOT A LEGAL SCHOLAR, UNDER SECTION 6, SPECIFICALLY, PARAGRAPH 5, IT IS BASICALLY STATING THAT IF ANY FEDERAL OR STATE COURT IGNORES, DECLINES TO ENFORCE REQUIREMENTS OF THE SUBSECTIONS A, 1, 2, 3, OR 4, OR HOLDS PROVISION THAT THIS ARTICLE INVALID OR UNCONSTITUTIONAL ON ITS FACE AFTER FAILING TO ENFORCE SEVERABILITY REQUIREMENTS, SUBSECTION, FOR ANY REASON, THE MAYOR SHALL HOLD DELEGATED AUTHORITY TO ISSUE A SAVING CONSTRUCTION OF THIS ARTICLE THAT AVOIDS THE CONSTITUTIONAL PROBLEMS AND OTHER PROBLEMS IDENTIFIED SO SO-AND-SO FORTH.

WE DON'T CURRENTLY HAVE MECHANISM WITHIN ANY OF OTHER OTHER CITY GOVERNS DOCUMENTS, CHARTER, GOVERNANCE, POLICY, ET CETERA, THAT GRANTS THE MAYOR THAT AUTHORITY.

SO WE CAN'T EVEN ENFORCE THAT. >> WELL, WHAT THAT'S IN THERE FOR, AND THIS IS -- IN SEVERABILITY CLAUSES, THESE EXIST FOR PARTICULAR SITUATIONS AND WE HAVE HAD CITIES THAT HAVE HAD SOME RESERVATIONS ABOUT THAT.

AND THAT'S ONE OF THE THINGS THAT, IF YA'LL ARE WANTING TO DO SOME TWEAKS, WE CAN ADD DESCRESN SUCH A WAY THAT WOULD BE SATISFYING TO REMOVE THAT. WE HAVE HAD A CITY BEFORE THAT HAS DONE THAT. GRANTED, THAT WAS OHIO.

BUT WE COULD DO THAT HERE. NOW, ON THE CONSISTENCY OF THIS BEING ALL IN LINE WITH STATE LAW, WE CAN SAY THAT WE HAVE HAD, THROUGHOUT THE 43 CITIES THAT HAVE DONE THIS, TIME AND TIME AGAIN LOOKING AT THIS, THAT WE HAVE COME TO THAT CONCLUSION THAT THIS IS ALL -- ALL PARTIES ARE COMFORTABLE, WE HAVE WORKED THAT THIS IS DOABLE AND ACCEPTABLE IN THE LAWS OF THOSE

CITIES. >> JOE, CAN YOU CONFIRM WHAT WALTER ASKED, WE DON'T HAVE THOSE ENFORCEMENT MECHANISMS.

>> NO, WE DON'T. THIS ORDINANCE WAS WRITTEN FROM ONE SIZE FITS ALL, IF YOU WILL. NOT SPECIFICALLY FOR THE CITY OF MIDLOTHIAN. SO THAT PROVISION THAT IS IN THERE, YOU WILL SEE SOME CITIES THAT DO GIVE THE MAYOR THAT AUTHORITY. WE JUST SIMPLY DON'T HAVE THAT IN OUR CHARTER TO GIVE THAT AUTHORITY TO THE MAYOR.

THAT'S WHY WE HAVE THE SEVERABILITY CLAUSE, ANY PROVISIONS IN THERE WE CAN'T ENFORCE, THOSE ARE SEVERED AND THE REST OF THE ORDINANCE WOULD BE ENFORCEABLE.

>> THERE IS ONE CLAUSE THAT WE ASKED AND I KNOW WE DIDN'T HAVE AN OPPORTUNITY TO SPEAK WITH THE DRAFTER OF THE ORDINANCE, WHEN YOU MADE THE STATEMENTS THIS WOULD NOT TAKE EFFECT, THE CITY WOULD NOT TAKE ENFORCEMENT ACTION ON THIS UNTIL TRIGGERING MECHANISMS, ONE BEING ROE V. WADE BEING OVERTURNEDMENT ONETU.

ONE PROVISION IN THERE, ABORTIONS PERFORMED IN VIOLATION OF TEXAS LAW, IT WAS J, ANY OFFICIAL OF THE CITY OF

[01:00:02]

NOTHING THAT QUALIFIES THAT AS ONLY TAKES PLACE UPON THOSE TRIGGERING MECHANISMS. THEN IT ALSO DIDN'T DEFINE OFFICIAL. SOME QUESTION AS TO WHAT OBLIGATION DOES THAT PUT ON THE CITY OF MIDLOTHIAN WHEN WE USE

THE TERM OFFICIALS. >> YES, SO WHENEVER I CHECKED WITH ATTORNEY MITCHELL, OFFICIAL MEANT ANY GOVERNMENT EMPLOYEE WITHIN THE CITY OF MIDLOTHIAN AND IT WOULD APPLY TO PREROE V.

WADE, ALL THAT WOULD ENTAIL IS REPORTING IT TO THE DISTRICT ATTORNEY. THE DISTRICT ATTORNEY WOULD TAKE

THAT INFORMATION. >> SO IF WE PASS THIS, THAT WOULD BE IN EFFECT, ANY CITY OF MIDLOTHIAN EMPLOYEE WOULD HAVE AN OBLIGATION TO REPORT ANYBODY AIDING OR ABETBETTING EVEN OUTSE

THE CITY. >> WITHIN THE CITY LIMITS.

IT IS JUST WITHIN THE CITY LIMITS.

ANY EMPLOYEE OF THE CITY THAT BECAME AWARE WOULD NEED TO REPORT THAT TO THE DISTRICT ATTORNEY.

>> FEW THINGS WORTH MENING. THE TEXAN DID AN EXCELLENT ARTICLE TALKING ABOUT THE DIFFERENCE OF SOME OF THESE ORDINANCES. SOME ORDINANCES, THEY ARE NOT ALL ONE SIZE FITS ALL. SOME ORDINANCES GO WAY FURTHER THAN THE ORDINANCE YOU HAVE BEFORE YOU TODAY.

SOME ORDINANCES HAVE A LITTLE LESS THAN WHAT YOU GUYS HAVE BEFORE YOU TODAY. THE ORDINANCE THAT ABILENE THAT IS GOING TO BE VOTING ON ON THURSDAY MORNING IS FAR MORE AGGRESSIVE THAN THIS ONE. THE ONE THAT IS GOING TO BE ON THE BALLOT FOR SAINT ANGELO, PLAINVIEW, FAR MORE AGGRESSIVE.

THIS ORDINANCE -- THIS IS WHAT'S THE MAIN POINT HERE.

THE ONLY WAY PENALTIES CAN EVEN TAKE PLACE OR LAWSUITS CAN BE FILED IS IF THERE'S AN ABORTION FACILITY OR ABORTIONS BEING COMMITTED WITHIN THE CITY LIMITS.

IF YOU LOOK AT ALL THE 43 CITIES, THERE'S ONLY BEEN ONE CITY IN TEXAS, ANYWHERE REALLY, THAT HAS HAD AN ABORTION FACILITY IN OPERATION AT THE TIME OF ITS PASSAGE.

THAT CITY WAS CITY OF LUBBOCK. ALL OTHER CITIES HAVE NOT HAD TS NOT DONE ANYTHING, OF COURSE, BECAUSE ROE V. WADE IS NOT OVERTURNED AT THIS POINT. BUT SINCE NO ABORTIONS ARE TAKING PLACE IN THESE CITIES, NO LAWSUITS HAVE BEEN FILED FROM CITIZENS AGAINST THE ABORTIONIST OR ANYONE AIDING AND ABETTING THE ABORTIONIST. THERE'S NO ONE TO SUE.

THIS IS A PREVENTATIVE MEASURE. LIKE I SAID, LUBBOCK, WHEN THEY PASSED THIS, EVEN PLANNED PARENTHOOD WHO WAS PERFORMING ABORTIONS SAID, WE CAN'T DO THIS.

WE DON'T WANT TO OPEN OURSELVES UP TO LAWSUITS AND SO THIS IS A VERY -- THIS IS A PREVENTATIVE MEASURE AND THOSE SEVERABILITY CLAUSES LIKE THE ATTORNEY SAID, THEY DO EXIST TO -- IN CASE CERTAIN THINGS COME ABOUT THAT THE WHOLE ORDINANCE IS NOT JUST TOSSED AWAY. THAT JUST ONE SECTION IS ADDRESSED. AND I CAN SAY THAT THE CLARIFICATIONS THAT YOU WERE ASKING, IF NEED BE, IN SOME SWEEX, THAT THAT CAN BE FURTHER CLARIFIED IN THE ORDINANCE SO THAT IT WOULD BE SUITABLE FOR A FINAL PASSAGE.

>> YOU SAID THERE IS CITIES THAT HAVE MORE AGGRESSIVE ORDINANCES.

WOULD YOU GIVE ME A COUPLE, THREE EXAMPLES OF HOW THEY ARE

MORE AGGRESSIVE. >> ABSOLUTELY.

SO THE ORDINANCE THAT'S BEING CONSIDERED ON THURSDAY IN THE CITY OF ABILENE DOES NOT JUST OUTLAW ABORTION WITHIN THE CITY LIMITS, BUT IT OUTLAWS ABORTION ON ANY ABILENE RESIDENT REGARDLESS OF WHERE THAT ABORTION TAKE PLACE.

SO IF OUR ABI PHYSICIAN PERFORMD ABORTION ON THE ABILENE RES RESIDENT, ANYONE COULD SUE THE PRESIDENT FOR PERFORMING THE ABORTION EVEN IF IT HAPPENED IN WASHINGTON, D.C..

>> ANOTHER ONE. >> LIKE THE SAINT ANGELO ORDINANCE, IT PROHIBITS EMPLOYER COVERAGE OF ABORTION.

THAT IS SOMETHING THAT IS NOT THIS THIS ONE, OF COURSE.

THERE ARE ORDINANCES WHICH DO OUTLAW EMERGENCY CONTRACEPTION.

THAT'S NOT ADDRESSED HERE. SO ALL THIS DOES, JUST LIKE ALL

[01:05:03]

IT DOES HAVE ALL OF THE REFERENCES ABOUT THE TEXAS HEARTBEAT ACT IN THE ORDINANCE AND, GUYS, IF YOU GUYS HAVE AN ISSUE WITH ABORTIONS IN VIOLATION OF TEXAS LAW, THAT ENTIRE SECTION, WE CAN TAKE THAT ENTIRE SECTION OUT IF NEED BE.

BUT THAT WOULD NOT AFFECT THE ORDINANCE.

IN FACT, LINDAU, THE VERSION THEY PASSED, IS VERY SIMILAR TO YA'LLS BUT THEY DIDN'T HAVE THE ABORTION IN VIOLATION OF TEXAS LAW. SO THAT CAN BE DONE IF YA'LL WANT IT MORE SCALED BACK VERSION.

>> SO THIS ORDINANCE ONLY TALKS ABOUT CONCEPTION TO HEARTBEAT BECAUSE AFTER THAT STATE LAW WOULD SUPERSEDE ANYWAYS?

>> WELL, IT ACTUALLY APPLIES TO ANY TERM.

SO FROM CONCEPTION UNTIL DELIVERED, UNTIL THE BABY IS DELIVERED. SO LIKE THE TEXAS HEARTBEAT ACT DOES HAVE A STATUTE OF LIMITATIONS.

THE ORDINANCE BEFORE YOU DOES NOT.

AND PROFESSOR JOSH BLACKMAN, HOUSTON, LAW PROFESSOR, THAT'S ONE OF THE POINTS HE MENTIONED THAT THE TEXAS HEARTBEAT ACT AND SANCTUARY CITY ORDINANCES WORK IN HARMONY WITH ONE ANOTHER.

SO LOOK AT THIS. SO ROE V. WADE, I BELIEVE, IS LIKELY TO BE OVERTURNED THIS SUMMER.

AND IF THAT WERE TO HAPPEN, TEXAS DOES HAVE A TRIGGER BAN THAT WILL GO INTO EFFECT 30 DAYS AFTER.

BUT ALL ACROSS TEXAS, THE MOST PRO LIFE PLACES IN TEXAS WILL BE THOSE PLACES WITH THE SANCTUARY CITY ORDINANCES BECAUSE THERE ARE THINGS THE SANCTUARY CITY ORDINANCES DO THAT THE TEXAS HEARTBEAT ACT AND THE TRIGGER BAN DOES NOT DO.

SO THESE PLACES WILL NOT ONLY PROTECT, IN A PRE ROE V. WADE WORLD BUT A POST ROE V. WADE WORLD AS WELL.

ESPECIALLY WHETHER WE LOOK AT THE ISSUE, WE HAVE DAS IN TEXAS THAT HAVE ALREADY SAID THAT IF ROE V. WADE IS OVERTURNED, THEY ARE NOT GOING TO ENFORCE THE LAWS.

THEY ARE NOT GOING TO ENFORCE ANY LAWS AGAINST ABORTION.

WELL, WHAT DOES THIS ORDINANCE DO? THIS ORDINANCE ACTUALLY ALLOWS ANY CITIZEN TO SUE THE ABORTIONIST AND ANYONE WHO AIDS AND ABETS THE ABORTIONIST IF IT TAKE PLACE HERE. MEANING THESE CLOWNS AREN'T EVEN GOING TO TRY TO DO ILLEGAL ABORTIONS IN MIDLOTHIAN, TEXAS, BECAUSE THERE'S A LAW ON THE BOOKS.

THE FACT THAT ILLEGAL ABORTIONS ARE BECOME A REALITY IN TEXAS, WE SAW IT PRIORITY ROE V. WADE. THE PLACE WHERE ABORTION STARTED, HERE IN TEXAS, WAS ACTUALLY ATHENS.

THAT'S WHERE I CAME FROM THIS MORNING.

HOUR AND 40 MINUTES AWAY FROM YOU GUYS.

CURTIS BOYD ENDED UP, WAS DOING ILLEGAL ABORTIONS IN ATHENS, TEXAS, IN 1968. HE ENDED UP GOING TO DALLAS BECAUSE OF PRESSURE WAS MOUNTING THERE.

MAN, I WISH WE HAD THE ORDINANCE BACK THEN.

HE COULD HAVE BEEN STOPPED THERE IN ATHENS.

BUT HE WENT TO DALLAS, PERFORMING ILLEGAL ABORTIONS THERE. THEN WENT TO NEW MEXICO.

HE CAME BACK AFTER ROE V. WADE, THE RULING CAME OUT, HE OPENED UP THE FIRST ABORTION IF A SILL FACILITYIN THE STATE OF TEXAS I.

THIS ORDINANCE, IT WOULD HAVE STOPPED CURTIS BOYD BACK IN THE DAY. THIS ORDINANCE WILL STOP ANY ABORTIONS FROM HAPPENING HERE IN THE CITY.

>> WE KEEP ADDRESSING CITY LIMITS.

SO I WANT TO WORK A HYPOTHETICAL HERE BECAUSE I DON'T KNOW.

UNDER THE PART WHERE IT SAYING KNOWINGLY PROVIDING TRANSPORTATION, UBER DRIVER FROM ARTICLETON PICKS UP A MOIL ARLINGTON, HE CAME INTO THE CITY LIMITS, HE IS LIABLE FOR PROSECUTION UNDER THIS ORDINANCE?

>> THAT'S A GREAT QUESTION. THAT CAME UP QUITE A BIT WITH THE TEXAS HEARTBEAT ACT. UNDER THE SANCTUARY CITY ORDINANCE, IF THE ABORTION HAPPENED IN THE CITY LIMITS OF THIS CITY AND THE UBER DRIVER KNEW ABOUT IT, HE HAD TO BE KNOWLEDGEABLE, THEN HE COULD BE HELD LIABLE.

BUT WE ARE NOT TALKING ABOUT AN UBER DRIVER COMING HERE TO PICK UP A WOMAN AND TAKING HER TO FORT WORTH OR DALLAS OR AUSTIN OR HOUSTON OR WHEREVER. BECAUSE THOSE ARE NOT COVERED IN

[01:10:02]

WHAT WOULD YOU GUYS SAY? WE WOULD SAY NO, I'M NOT GOING TO TAKE YOU TO ROCKET BANK. ROB THE BANK.

THE ACCESSORY TO BANK ROBBERY, RIGHT? IF WE REALLY BELIEVE THAT ABORTION IS MURDER, THAT THE ABORTION IS THE TAKING OF INNOCENT CHILD MADE IN THE IMAGE OF GOD, IF WE WILLINGLY DRIVE SOMEONE TO AN ABORTION FACILITY, THEN WE ARE ASSISTING IN THAT ACT.

OF COURSE, I REMIND YOU GUYS, WE ARE TALKING ABOUT ABORTIONS WITHIN THE CITY LIMITS OF THIS CITY.

RIGHT NOW, IT IS NOT HAPPENING. SO YA'LL ARE NOT RUNNING A RISK OF GETTING SUED BY THE ABORTION INDUSTRY IN THIS CITY BECAUSE THEY ARE NOT IN THIS CITY. AND IF THEY WERE TO SUE, IF THE JUDGE IN LUBBOCK SAID THAT PLANNED PARENTHOOD DIDN'T HAVE STANDING AND THEY WERE IN THE CITY PERFORMING ABORTIONS, THEN WHAT DO YOU THINK THEY ARE GOING TO SAY WHEN PLANNED PARENTHOOD IS TRYING TO MAKE AN ARGUMENT THAT THEY ARE NOT EVEN IN THE CITY AND YET THEY ARE TAKING ISSUE WITH THE FACT THAT YA'LL HAVE SAID NO ABORTIONS WITHIN CITY LIMITS.

THEY DON'T HAVE STANDING. >> WHAT PERCENT OF ABORTIONS

OCCUR BEFORE HEARTBEAT? >> WELL, WE KNOW IN ASHLEY, WE

ARE 60% DOWN -- >> THE HEALTH AND HUMAN SERVICES COMMISSION IS STILL REPORTING ABOUT HALF THE NUMBER OF ABORTION HAS BEEN ELIMINATED WITH THE TEXAS HEARTBEAT ACT.

SO THAT'S STILL ABOUT 2,000 ABORTIONS EVERY MONTH.

>> THAT IS AN INFERENCE. NOT A DIRECT ANSWER TO THE

QUESTION. >> WHAT PERCENT OF ABORTIONS,

ABOUT HALF OF ABORTIONS. >> OCCUR BEFORE THE HEARTBEAT.

>> YES. SO IN THE STATE OF TEXAS --

>> I WOULD LIKE TO SEE DOCUMENTATION.

>> I CAN SEND YOU AN E-MAIL WITH THAT.

>> OKAY. >> ON THAT NOTE, TOO, IT IS GOOD TO NOTE THAT THE RELATIONSHIP BETWEEN THE SANCTUARY CITY AND TEXAS HEARTBEAT ACT, THEY WORK IN HARMONY WITH ONE ANOTHER.

SO THE STATE OF TEXAS SPECIFICALLY PUT LANGUAGE IN THE TEXAS HEARTBEAT ACT TO ALLOW LOCAL OFFICIALS LIKE YOURSELVES THE ABILITY -- NOW, THIS WAS ALL RIGHT PAXTON'S OFFICE SAID WITH IS THAT THE BILL 8 AND WITHOUT SENATE BILL 8, THE LUBBOCK ORDINANCE WAS CONSISTENT WITH STATE LAW.

CITIES COULD OUTLAW ABORTIONS WITHIN CITY LIMITS.

WE DIDN'T DO IT UNTIL JUNE 11, 2019 IN WASCO.

BUT IN THAT, WE HAVE OUR GOVERNOR, THEY HAVE MORE TO DO.

THEY HAVE PASSED THE HEARTBEAT ACT, THEY ARE SAYING CITIES HAVE THIS ABILITY, THEY HAVE MADE IT VERY CLEAR THAT THEY HAVE EXTRA SUPPORT AND ENCOURAGEMENT TO DO THIS.

SO YA'LL HAVE THE ABILITY TO OUTLAW ABORTION FOR THE MOMENT OF CONCEPTION. NOT ONLY THAT, THAT THE SUPPORT HERE IN THE STATE OF TEXAS ON THIS IS HUGE.

WE HAVE THE PROPOSITION 5 PASSED THAT EVERYONE IS WANTING, HEY, MAJORITY OF THE REPUBLICAN PARTY IS WANTING A STATE AMENDMENT OUTLAWING -- STATE AMENDMENT SAYING THAT FROM THE POINT OF FERTILIZATION, UNBORN CHILDREN HAVE THE RIGHT TO LIFE.

SO WE WANT TO SEE THAT. ALSO HERE, WE HAVE REPUBLICAN PARTY OF TEXAS ENDED UP 93% OF DELEGATES ADDED A PLANK TO THE PARTY PLATFORM, VOTED IN FAVOR OF THIS PLANK.

THE PLANK SAID THEY SUPPORT CITIES PASSING ENFORCEABLE ORDINANCES OUTLAWING ABORTION. GUYS, YA'LL HAVE A WHOLE LOT OF SUPPORT BEHIND YOU AND THIS IS AN ISSUE THAT WHEN ABILENE, PROFESSOR AT MURRAY UNIVERSITY, SARAH WEDDINGTON, THE ROE V.

WADE FAME GRADUATED FROM, PROFESSOR OF THAT LIBERAL UNIVERSITY ENDED UP SAYING THE CHANCE THAT THE -- IF THIS WERE

[01:15:02]

YOU ARE STANDING WITH THE CITIZENS OF YOUR CITY AND THE PEOPLE OF THE STATE OF TEXAS. GUYS, THE HEARTBEAT ACT, WE ARE PROUD OF THAT. THIS IS SAVING LIVES.

GUYS, THIS IS YA'LL'S OPPORTUNITY TO PASS SOMETHING THAT IS GOING TO SAVE LIVES WITHOUT A DOUBT.

>> I DON'T THINK THERE IS AN ARGUMENT ABOUT SAVING LIVES, ALONG THOSE LINES. ONE OF THE THINGS YOU BRING UP, PLAINVIEW, SAINT ANGELO ABORTION ANDABILENE DROPPED EFFORTS AND PURSUIT CITY WIDE VOTES INSTEAD. I HAVE ALWAYS SAID I THOUGHT WE NEED CITY WIDE VOTE. THE ORDINANCE ISN'T READY YET.

EVERY PLACE IN HERE, THIS IS COMING FROM THE TEXAN NEWS OUT OF ABILENE, STRAIGHT OFF THE -- THIS WAS DATED JANUARY 27, 2022, THE VOTE HASN'T TAKEN PLACE, ALL THESE PLACES ARE PUTTING IT OFF AND HAVING A CITY WIDE VOTE. I MEAN, YOU ARE QUOTING THINGS THAT AREN'T QUITE TRUE. ABORTION INABILENE HASN'T APPRO.

SAINT ANGELO HAVEN'T APPROVED IT YET.

I'M SAYING, I HAVE ALWAYS THOUGHT THAT THIS IS A VERY IMPORTANT ITEM. I AGREE WITH JUSTIN.

BUT WHAT WE HAVE RIGHT NOW AND LETTING 7 MEN DECIDE THIS DECISION TONIGHT IS NOT THE RIGHT WAY TO GO, THIS IS A LAW THAT HAS TO BE REINFORCED WITH COUNCIL, IT HAS TO BE DONE THE RIGHT WAY THE FIRST TIME. THAT'S WHY WE HAVE SO MUCH ARGUMENTS OVER PUTTING A MCDONALD'S IN.

YOU CAN'T TAKE DOWN A MCDONALD'S AND BUILD SOMETHING ELSE. I DON'T WANT TO HAVE TO GO BACK AND REDO THE LAW TWO, THREE, FIVE TIMES LIKE YOU ARE SAYING.

I WOULD RATHER GO AHEAD AND WAIT, GET IT DONE RIGHT.

LET THE LAWYERS LOOK AT IT AND MAKE SURE IT IS CORRECT.

EVERYTHING IT SAYS HERE, VERY PRO LIFE, MAJORITY FOR CITY COUNCIL ARE VERY PRO LIFE. THESE ARE FRIENDS.

I HAVE KNOWN THEM. THEY ARE BELIEVERS.

I HAVE 7 OF THEM HERE WITH ME. I AGREE WITH THEM.

I WANT IT DONE RIGHT. TONIGHT IS NOT THE RIGHT DAY FOR IT TO BE PASSED. WHAT WE HAVE TODAY I FOUND SEVERAL THINGS THAT YOU SAID, WE WILL CHANGE IT LATER.

YOU CAN'T CHANGE IT LATER ONCE YOU APPROVE IT.

GET IT DONE RIGHT THE FIRST TIME, YOU DON'T HAVE TO FIGHT

OVER IT LATER. >> MAYOR: BY YOUR OWN ADMISSION, PRO PEOPLE, THIS IS A VERY AGGRESSIVE ORDINANCE.

IT IS AGGRESSIVE AS THEY COULD HAVE MADE IT.

COUPLE OF ITEMS WERE PULLED OFF BEFORE IT CAME TO THE PACKET.

IT GOES BEYOND STOPPING ABORTIONS.

IT GETS INTO THE LIVES OF OUR CITIZENS.

SO I AGREE. IF WE ARE GOING TO DO THIS, PASS THIS ORDINANCE, WE NEED TO PUT IT BEFORE THE PEOPLE AND HAVE THE PEOPLE VOTE ON THE ORDINANCE AS WRITTEN OR WE NEED TO TAKE ACTION TO FIND OUT WHAT ACTIONS TO TAKE, ADVICE.

I THOUGHT THE INITIAL INTENT WAS TO STOP ABORTION PROVIDERS.

AGAIN, THIS GOES WELL BEYOND THAT.

SO THAT'S MY THOUGHTS. COUNCIL?

>> COUNCILPERSON: I'M A PRO LIFE AS PRO LIFE GETS.

I HAVE PROTESTED PLANNED PARENTHOOD IN THREE DIFFERENT STATES, RED TAPE OVER MY MOUTH AND WROTE THE WORD LIFE ON IT.

I SERVED ON THE BOARD OF FIRST LOOK.

I HAVE COUNSELED WITH MORE YOUNG FAMILIES THAN I CAN COUNT.

SOME OF THEM DEALING WITH REPERCUSSIONS OF THEIR OWN ABORTIONS. NIGHTTIME I'M NOT WILLING TO DO.

I WANT THE COUNCIL TO KNOW THAT. WE HAVE TO DO SOMETHING.

JUST A MATTER OF WHAT. IF THAT IS SOMETHING IS TAKING IT BACK TO THE DRAWING BOARD, WORKING ON IT, GETTING WITH THE

[01:20:03]

IF YOU WILL ACCEPT IT, MAYOR. >> MAYOR: I AM, UNLESS -- PL

PLEASE. >> COUNCILPERSON: I WILL MAKE THE MOTION, WITH ALL THAT SAID, I WILL MAKE THE MOTION TO DEFER CONSIDERATION OF THIS ORDINANCE UNTIL WE HAVE THE OPPORTUNITY TO CONTINUE TO WORK ON IT AND TO CONSIDER ALL THE OPTIONS AVAILABLE. I WILL ADD THE CAVEAT THAT I WOULD REQUEST THAT THE MAYOR FORM A COMMITTEE THAT WOULD REVIEW EVERY OPTION THAT WE HAVE AVAILABLE TO US IN ORDER TO GET SOMETHING BACK TO THE COUNCIL JUST AS SOON AS POSSIBLE.

>> SECOND. >> MOTION AND SECOND.

I WANT TO ADD, I KNOW THE HEARTS OF THE COUNCIL MEMBERS HERE AND I AGREE, WE ALL VALUE LIFE. WE ALL WANT TO DO SOMETHING.

BUT WE HAVE OBLIGATIONS TO OUR CITIZENS HERE TO DO IT CORRECTLY. THIS IS DIFFICULT.

THERE'S BEEN A LOT OF ANGST OVER THIS, OVER THE LAST SOME TIME.

SO WE DO WANT TO DO WHAT'S RIGHT.

WE DO WANT TO STOP THESE PROVIDERS.

BUT SO WITH THAT, I WILL CALL THE VOTE.

AND DO WE NEED TO REPEAT THE MOTION? OKAY. 7-0, WE WILL DEFER THE MOTION AND TAKE ACTION TO BRING SOMETHING BACK TO COUNCIL.

THANK YA'LL VERY MUCH. WE WILL THEN GO BACK TO -- I WILL GIVE US FIVE MINUTES, FIVE MINUTES BEFORE WE CONTINUE.

[2022-171]

[2022-172]

150 FOR HEAVY INDUSTRIAL USES. THE PROPERTY IS LOCATED DIRECTLY SOUTH OF OLD FORT WORTH ROAD, WEST OF U.S HWY 67 AND U.S

HWY 287 INTERCHANGE. >> THANK YOU, MAYOR, OVERVIEW OF THE SUBJECT PROPERTY, NOT FAR FROM THE INTERSECTION OF U.S.

287 IN OLD FORT WORTH ROAD. THE PROPERTY IS SPLIT ZONED COMMERCIAL AND PEE DE7. PD7.THE COMMERCIAL EXISTING PROY DOES NOT. THAT'S WHY WE ARE HERE TO REZONE THE PROPERTY. FUTURE LAND USE, REGIONAL MODULE. THIS MODULE DOES CORRESPOND WITH USES YOU USUALLY FINAL WITHIN A COMMERCIAL DISTRICT, COMMUNITY RETAIL OR GENERAL PROFESSIONAL. SO, AGAIN, THIS BEING MORE OF A WAREHOUSE DISTRIBUTION USE, THIS DOES FALL MORE INTO WHAT WE CALL THE INDUSTRIAL MODULE. BUT, AGAIN, HENCE THE REASON WE ARE HERE TO SEE ABOUT REZONING THE PROPERTY.

CITY'S THOROUGHFARE PLAN DOES SHOW A MINOR COLLECT AOR DOES RN THROUGH THE PROPERTY. LEFT-HAND SIDE, IS WHAT OUR CURRENT THOROUGHFARE PLAN SHOWS. THE PL APPLICANT HAS PROVIDED AN ALTERNATIVE SOLUTION. DIRECT PATH ON THE RIGHT-HAND SIDE, NORMALLY AGAIN THAT THOROUGHFARE WOULD RUN THROUGH THAT PIECE OF PROPERTY. GIVEN THE HILL CREST DEVELOPMENT THAT IS GOING TO BE HAPPENING ON THE ADJACENT SIDE, WHAT THEY ARE SAYING IS THEY ARE GOING TO MOVE THE THOROUGHFARE OFF TO THE SIDE, ULTIMATELY GETTING TO POINT A TO POINT B, HIGHWAY 67 TO OLD FORT WORTH ROAD. THIS INCLUDES TWO BUILDINGS, TOTALING OVER ONE MILLION SQUARE FEET OF FLOOR SPACE.

[01:25:01]

THE LANDSCAPE PLAN DOES INCLUDE TREES ALONG OLD OLD FORT WORTH .

THE TRUCK COURT, TO SCREEN THE TRUCK COURT CLOSEST TO OLD FORT WORTH HIGHWAY. THIS SHOWS HOW THE TRUCK COURT WILL ALSO BE SCREENED. HAVE SOME NELIE R. STEPHENS RUNNING ALONG WITH MULTIPLE TREES WITHIN THAT LOCATION AS WELL. THESE ARE THE ELEVATIONS THAT THE APPLICANT HAS PROVIDED. THE ORDINANCE DOES INCLUDE SIMILAR STANDARDS THAT COUNCIL DID APPROVE FOR THE HILLWOOD PROJECT ADJACENT TO THIS PROPERTY.

I WILL ROLL THROUGH SOME OF THESE ELEVATIONS.

YOU CAN ALSO SEE THEY HAVE INCLUDED A WING WALL.

THAT WILL ALSO HELP BLOCK SOME OF THE GARAGE DOORS THAT MAY BE VISIBLE FROM OLD FORT WORTH HIGHWAY.

OLD FORT WORTH ROAD. SORRY.

I KEEP GETTING THAT WRONG. THE APPLICANT DID PROVIDE A SITE SPECIFIC TIA. AND THAT WAS TO HELP DETERMINE THE IMPACTS AND THE MOBILITY NEEDS FOR PROJECT OF THIS MAGNITUDE AND SIZE. BASED ON THE TIA, TOTAL ANTICIPATED FULL BUILDOUT OF ONE THOUSAND 917 VEHICLE TRIPS PER DAY WAS PROVIDED IN THAT TRAFFIC IMPACT ANALYSIS.

AT A MINIMUM, STAFF WOULD REQUIRE THAT ALL PROPOSED DRIVEWAYS ADHERE TO OUR DRIVEWAY SPACING.

MEDIAN OPENINGS, MUST ALIGN WITH DRIVEWAYS ON THE OPPOSITE SIDE OF THE ROAD. IN ADDITION TO THAT, THE APPLICANT WILL ALSO NEED TO INSTALL DEDICATED LEFT TURN LANES AT ALL MEDIAN OPENINGS THAT LEAD INTO THE SITE.

STAFF'S MAIN CONCERN IS THAT THE REQUEST DOES NOT CONFORM TO OUR FUTURE LAND USE PLAN OR THE THOROUGHFARE PLAN.

IN ADDITION, STAFF IS CONCERNED WITH INCREASED TRUCK TRAFFIC AT THAT INTERSECTION OF 287 AND OLD FORT WORTH ROAD.

ON APRIL 19, THE COMMISSION DID VOTE 6-1 TO APPROVE THIS CASE AS PRESENTED. STAFF IS RECOMMENDING DENIAL OF THIS REQUEST DUE TO THOSE CONCERNS I RECENTLY STATED.

WE DID SEND 14 LETTERS OUT TO PROPERTY OWNERS WITHIN 200 FEET.

WE DID NOT RECEIVE ANY RESPONSES BACK.

AND THE APPLICANT DOES HAVE A PRESENTATION THAT THEY WANT TO DO ALSO AS WELL. I WILL CONTINUE TO STAND FOR QUESTIONS OR WE CAN MOVE ON TO THEIR PRESENTATION.

>> MAYOR: WE WILL GO TO THE SPEAKER FIRST.

ANDREW BOSTER. >> THAT'S FOR THE MURAL.

>> 176. >> MY APOLOGIES.

I WILL EVENTUALLY GET THIS RIGHT.

OKAY. MARCOS BACK TO YOU.

THE APPLICANT, PLEASE. >> THE APPLICANT IS HERE.

[01:31:16]

>> HI, MY ? NAME IS KEN WAYNES. I HAVE THE HONOR OF BEING FROM MIDLOTHIAN AND ALSO REPRESENTING HOME ZONE FURNITURE IN THEIR -- AS THEIR REAL ESTATE BROKER. HOME ZONE, AS YOU CAN SEE BY THEIR LOGO, YOU MIGHT SEE IT EVERY NIGHT ON THE 6 O'CLOCK NEWS. TEXAS BORN, FAMILY OWNED.

WE HAVE MR. JASON ADAMS. HE AND HIS WIFE OWN HOME ZONE FURNITURE, 18 RETAIL LOCATIONS THROUGHOUT NORTH TEXAS AND ONE IN OKLAHOMA AND AFTER MANY MONTHS OF SITE SELECTION, I'M PLEASED TO SAY THAT JASON AND HIS FAMILY HAVE SELECTED MIDLOTHIAN FOR NOT OBSERVABLE OR THEIR DISTRIBUTION CENTER BUT TO MOVE CORPORATE HEADQUARTERS FROM GRAND PRAIRIE TO HERE, WHICH IS SOMETHING WE AS MIDLOTHIAN NEEDS.

THE 30,000 SQUARE FEET OF OFFICE WILL BE THE BIGGEST OFFICE USER IN MIDLOTHIAN AND ONE OF THE THINGS THAT COMES WITH THAT, AS WE KNOW, LOTS OF ADMINISTRATIVE AND EXECUTIVE JOBS HELPS GENERATE MORE OF A LUNCH CROWD FOR OUR LOCAL RESTAURANTS WILL BE A POSITIVE THING. WHEN WE WERE WORKING ON SITE LOCATIONS, WE WERE -- HAD BEEN LOOKING ALONG BEHIND LOVES ON NORTH SIDE OF 287. AFTER VISITING WITH SEVERAL STAFF MEMBERS AND OTHER PROMINENT PEOPLE IN THE COMMUNITY, THEY SAID OUR INDUSTRIAL BOUNDARY KIND OF IS STARTING TO FORM SOUTH OF 287 ALONG FORT WORTH ROAD.

EVEN THE LAND COSTS WOULD HAVE BEEN LESS, JASON AND HIS TEAM DECIDED, HEY, WE WILL FOLLOW WITH RECOMMENDATIONS AND PUSH FURTHER SOUTH INTO WHERE WE KIND OF HAVE THE INDUSTRIAL CORRIDOR THERE. ONE OF THE THINGS I KNOW THAT YOU HAD MENTIONED WAS TRUCK TRAFFIC.

JASON, HE CAN SHOW YOU THE LOGS. HOME ZONE FURNITURE GETS 50 INBOUND FURNITURE TRUCKS PER WEEK.

PER WEEK. NOT PER DAY.

WHEN THE FURNITURE GOES BACK OUT TO THE STORES, A LOT OF IT GOES IN SMALL DELIVERY TRUCKS, VANS, THINGS LIKE THAT.

SO FOR A BUILDING OF THIS SIZE, THE IMPACT IS GOING TO BE FAR BELOW EVEN WHAT THE TRAFFIC IMPACT ANALYSIS RECALLED FOR.

PORT OF HOME ZONE BEING THEIR CORPORATE HEADQUARTERS HERE IS THAT THEY HAVE A NATIONAL BUYING CENTER.

HE BRINGS A LOT OF PEOPLE IN FROM INTERNATIONAL AND NATIONALLY AROUND HERE TO COME BUY FURNITURE AND PRESENT TO HIM, AGAIN, THAT ATTRIBUTES TO HOTEL STAYS, TO RESTAURANT AND DINING OPPORTUNITIES FOR OUR COMMUNITY.

SO THAT'S, AGAIN, GOING TO BE SOMETHING THAT, IN MY WORLD OF COMMERCIAL REAL ESTATE, TRYING TO BRING RESTAURANTS TO TOWN.

WHAT HURTS US THE MOST IS OUR LUNCH CROWD.

WE DO NOT HAVE A STRONG LUNCH CROWD.

HOME ZONE AND OTHER BUSINESSES LIKE THIS WILL HELP DRAW THAT LUNCH CROWD UP. AGAIN, I WILL TALK ABOUT BEING LOCALLY, FAMILY OWNED IS A BIG THING FOR US HERE.

THE INVESTMENT FOR THIS PROJECT IS OVER $50 MILLION.

AND YA'LL CAN DO THE MATH ON THAT.

NOT TO MENTION THE SALARIES AND ALL THE ECONOMIC IMPACT THAT WILL COME WITH A QUALITY BUSINESSLIKE THIS AND A QUIET USER. FURNITURE DOES NOT -- IT IS QUIET. IT DOES NOT IMPACT OUR AREA HERE. ONE OF THE THINGS THEY ARE A

[01:35:02]

90% OF THEIR PACKAGING GETS RECYCLED.

I AM PROUD OF, I HAVE THREE KIDS THAT WENT THROUGH SCHOOLS HERE, VERY INVOLVE WITH THE SCHOOL SYSTEMS HERE.

JASON AND HIS FAMILY HAVE THREE OR FOUR KIDS OF THEIR OWN AND HE IS GOING TO -- HE REALLY ENJOYS HIRING HIGH SCHOOL KIDS TO COME IN AND WORK. ONE OF THE THINGS HE IS MOST EXCITED ABOUT IS WE HAVE A VERY STRONG TECHNICAL AND TV CREW THAT DO OUR FOOTBALL GAMES, KIDS INVOLVED.

COMMISSIONER BRBLAND HEADS ALL F THAT UP.

HOME ZONE DOES ALL THEIR MEDIA AND COMMERCIALS.

WHEN YOU SEE THE COMMERCIALS ON TV, THAT IS DONE AT THE CORPORATE OFFICE. HE IS WORKING WITH MR. BLAND TO GET THE HIGH SCHOOL KIDS IN THERE TO GIVE THEM A NICE CAREER IF COLLEGE ISN'T THE RIGHT TRACK FOR THEM.

AND THE OTHER THING TO SAY IN CLOSING, AS WE SEE A LOT OF THESE INDUSTRIAL BUILDINGS GOING UP, DISTRIBUTION WAREHOUSES ALONG 67, A LOT OF TIMES WE DON'T KNOW WHO IS GOING TO BE THE TENANT IN THERE. AND NOTHING AGAINST THAT, BUT THIS PROJECT HERE GIVES US THE CERTAINTY.

YOU GUYS KNOW WHAT YOU ARE GETTING.

HE IS RIGHT HERE AND HE IS THOUGHT GOING ANYWHERE.

IT IS NOT A NATIONALLY OWNED DEAL, A LOCAL OWNED DEAL AND WE

WOULD APPRECIATE YOUR SUPPORT. >> THANK YOU.

JAYSON ADAMS, I HAVE HAD THE OPPORTUNITY TO MEET AND SHAKE MANY OF YOUR HANDS. THANK YOU FOR THIS OPPORTUNITY TONIGHT. 15 YEARS AGO MY WIFE AND I OPENED OUR FIRST FURNITURE STORE IN DENTON, TEXAS, AFTER BEING IN THE INDUSTRY MY ENTIRE LIFE. 17,000 SQUARE FEET, UNAIR CONDITIONED BUILDING. TODAY I'M PROUD TO SAY THAT WE ARE ONE OF THE TOP 75 FURNITURE STORES IN THE COUNTRY.

WE ARE STILL PRIVATELY OWNED, COMPLETELY OWNED BY MY WIFE AND I. IT HAS BEEN A TREMENDOUS JOURNEY FOR US AND BIG MOMENT FOR US IS RIGHT HERE.

OF ALL THE MOMENTS, THIS IS THE BIGGEST FINANCIAL UNDERTAKING WE HAVE EVER TAKEN. IT WAS A DECISION THAT WE WORVEWE WORKEDON, IF NOT MONTHST HERE.

THIS IS A BIG MOMENT FOR US. WE ARE THE LARGEST LOCALLY OWNED FURNITURE STORE IN NORTH TEXAS. VERY PROUD OF THAT.

WE ARE THE NO. 3 IN VOLUME BUT THE LARGEST LOCALLY OWNED.

AND FOR US IT HAS ALWAYS BEEN ABOUT MORE THAN FURNITURE.

IT IS ABOUT BEING PART OF THE COMMUNITY.

MY WIFE'S FAMILY IS FROM MIDLOTHIAN.

MY FATHER-IN-LAW IS RETIRED POLICE OFFICER HERE.

I AM GOING TO RELOCATE TO MIDLOTHIAN WHETHER THIS GOES THROUGH OR NOT. PLEASE DON'T MAKE ME COMMUTE TO GRGRAND PRAIRIE. WE WILL BE BUILDING A HOME HERE.

BEING PART OF THE COMMUNITY IS HUGE FOR US.

I'M PROUD OF A LOT OF THINGS I HAVE DONE.

ONE I'M MOST PROUD OF IS OUR TEAM'S COMMUNITY INVOLVEMENT.

I COULD LIST A PLETHORA OF THINGS THAT WE HAVE DONE AND THEY HAVE DONE OVER THE YEARS. BUT I THINK ONE OF THE ONES THAT STANDS OUT WAS THE HEIGHT OF COVID, AS MANY OF YOU WILL REMEMBER, ONE OF THE DARKEST MOMENTS FOR ANY INDUSTRY WHEN COVID HIT WAS THE RESTAURANT INDUSTRY.

WE WORKED ON A CAMPAIGN WHERE WE ACTUALLY -- WE CALLED IT FOOD FOR FURNITURE. AND FOR EVERY RECEIPT THAT SOMEONE BROUGHT IN FROM A FOOD COMPANY WHERE THEY BOUGHT FROM A RESTAURANT, WE GAVE THEM FREE FURNITURE WITH NO EXCEPTIONS UP TO A HUNDRED DOLLARS A GUEST. THAT ONE CAMPAIGN LED TO OVER A MILLION DOLLARS IN LOCAL FOOD PURCHASES AROUND OUR STORES.

THOSE ARE THE KIND OF THINGS WE LIKE TO DO.

WE HAVE A PHILOSOPHY AT OUR COMPANY THAT WHEN IT COMES TO HELPING OTHERS, WE TRY TO FIND A WAY TO SAY YES.

IT DOESN'T MEAN WE WILL HAVE FOR THE MUSIC FESTIVAL, BUT IF IT HAS TO DO WITH SOMEBODY'S HEALTH AND WELL-BEING, WE WILL FIND A WAY TO SAY YES. WE HAVE HAD AN OPPORTUNITY TO MEET WITH YOUR SUPERINTENDENT, YOUR VICE SUPERINTENDENT.

SUPER EXCITED ABOUT WORKING WITH YOUR SCHOOLS.

WE ARE A LITTLE BIT DIFFERENT BECAUSE WE ARE PRIVATE COMPANY AND I HAVE NOTHING AGAINST EDUCATION, I HAVE TWO KIDS IN SCHOOL, BUT WE DO NOT REQUIRE COLLEGE EDUCATION OF OUR EXECUTIVES. PERSONALLY I ACTUALLY DON'T HAVE ONE. MANY OF OUR EXECUTIVES DO AND A LOT OF THEM DON'T. WE DON'T REALLY TAKE THAT AS A PREREQUISITE. WE TAKE SOMEBODY THAT WORKS HARD, SMART, WANTS TO CLIMB THEIR WAY TO THE TOP.

OUR VICE PRESIDENT OF OPERATIONS STARTED PAINTING BUILDINGS FOR

[01:40:02]

I GUESS I WOULD LIKE IF ENOUGH ANY QUESTIONS.

ABOUT THE TRUCKING, THE STUDY THAT WE DID WERE BASED ON A NORMAL WAREHOUSE. THERE IS NOT A FURNITURE SPECIFIC CATEGORY FOR TRAFFIC. SO WE ARE NOWHERE NEAR THOSE NUMBERS. LAST WE ARE WE BROUGHT IN LESS THAN 3,000 TRUCKS ALL YEAR. AND MOST OF THOSE -- MAYBE A MINIMAL DIFFERENCE, MOST OF THOSE ARE 40-FOOT CONTAINERS.

13 FEET MAY NOT SOUND A LOT, BUT IT DOES CAUSE LESS WEAR AND TEAR, ESPECIALLY THE TURNS WHEN THE GUYS HIT THE CURBS.

SO WOULD SAY 75% OF THOSE WERE CONTAINERS.

MOST PRODUCT GOES OUT ON 26-FOOT BOX VANS.

SO WE DON'T HAVE NEAR AS MANY TRUCKS GOING OUT AS WE DO COMING IN. AND I KNOW ALSO WE WORKED CLOSELY WITH HILLWOOD TO TRY TO BE COPE SSETIC WITH THEM.

TO WATCH AND SEE H HOW THEY APPROACH THING.

I BELIEVE THEY WROTE US A LETTER OF RECOMMENDATION, THEY LIKED THE SYNERGY, THINKS IT MAKES SENSE.

I BELIEVE THE SUPERINTENDENT WROTE US A LETTER AS WELL.

SO WITHOUT FURTHER ADO, THINK QUESTIONS I CAN ANSWER?

>> MAYOR: COUNCIL? >> I HAVE JUST A COUPLE.

IS THERE GOING TO BE A RETAIL ELEMENT?

>> NOT AT THIS LOCATION. WE WOULD LIKE TO HAVE A RETAIL ELEMENT IN ELLIS. IT IS NOT CONDUCIVE TO RETAIL.

YOU DON'T GET THE DRIVE-BY TRAFFIC.

>> OKAY, AND THEN SO THERE'S TWO FACILITIES.

TWO BUILDINGS. ARE THEY BOTH WAREHOUSE? OR IS ONE GOING TO HOUSE CORPORATE OFFICE AND THE OTHER

ONE GOING TO BE -- >> THE SECOND BUILDING WE ARE NOT PLANNING ON BUILDING RIGHT AWAY.

THAT WOULD BE FOR FUTURE GROWTH. FULL DISCLOSURE, WE MIGHT SELL IT ONE DAY. WE HAVE THE OPPORTUNITY FOR THE LAND, WE WANTED TO GET AHOLD OF IT.

RIGHT NOW WE DON'T HAVE ANY PLANS FOR THAT.

>> OUR STAFF MEMBER RECOMMENDED, IF THIS WERE TO BE APPROVED, THEY RECOMMENDED THAT LEFT TURN LANES AND ROAD ALIGNMENTS BE DONE. IS THAT YA'LL'S PLAN TO

IMPLEMENT? >> I BELIEVE THAT HAS WORKED WITH OUR ENGINEERING PLAN. MIKE?

MIKE IS OUR ENGINEER. >> GOOD EVENING, MICHAEL CLARK, WINKLEMAN AND ASSOCIATES, 6750 HILL CREST PLAZA, TWEET 215, DALLAS. THE STAFF'S RECOMMENDATIONS FOR DRIVEWAY ALIGNMENTS AND LEFT TURN LANES, MEDIAN OPENINGS ARE ALL GOOD AND VALID. WE ACKNOWLEDGE THOSE AND WILL

ADHERE TO THOSE. >> THANK YOU.

>> I HAVE A QUESTION. MY ONLY QUESTION STEMS FROM YOUR LAST COMMENT, THE SITE PLAN SHOWS THE SECOND BUILDING, SECOND BUILDING IS FOR FUTURE GROWTH AND POSSIBLY SELLING TO A DIFFERENT USER. THE ISSUE I HAVE IS PREEMTIVELY PREEMPTIVELYAPPROVING ZONING NOG WHAT COULD GO INTO NEXT TO YOU.

>> THAT'S A FAIR QUESTION. I'M NOT AN ENGINEER.

I SAT THROUGH BOTH THE HILLWOOD DISCUSSIONS.

WE WANTED TO BE COPESETIC WITH HILLWOOD.

IF WE ASKED FOR THE SAME ZONING AND SAME HEIGHT.

HEIGHT CAME UP WITH HILLWOOD, IT MADE SENSE BECAUSE WE WILL BE NEIGHBORS. I DON'T THINK TO THE AVERAGE PERSON THEY ARE GOING TO SEE A DISTINGUISH BETWEEN US AND HILLWOOD PROJECT. THEY WILL BLEND TOGETHER.

SO I UNDERSTAND THAT. I UNDERSTAND THE UNKNOWN.

OBVIOUSLY IT IS GOING TO BE OUR NEIGHBOR, WE WILL HAVE SOME SAY IN THAT IF WE DECIDE TO DO SOMETHING WITH IT.

AND IT IS, I BELIEVE, IT IS PARTIALLY ALREADY ZONED

INDUSTRIAL, THAT BACK PART. >> JASON WAS GETTING TO WHERE I WANTED TO SAY, CURRENTLY THE SOUTHERN TRACT, NOT PER OUR SITE PLAN BECAUSE THE TWO TRACTS ARE MERGED, IF YOU WILL.

RIGHT NOW THAT IS ZONED FOR INDUSTRIAL USE WITHOUT ANY OF THE RESTRICTIONS AND THE PD AMENDMENT.

[01:45:01]

WHAT WE HAVE DONE, TAKING EXISTING INDUSTRIAL SITE AND MERGED IT INTO THE OVERALL PD WHICH I THINK MARCOS SAID WERE SIMILAR TO THE HILLWOOD PD. I WOULD SAY WE ARE ESSENTIALLY IDENTICAL TO THAT PD WITH TWO CHEPTIONS THAT I CAN THINK OF.

ONE WE HAVE AGREED TO AN 85% COVERAGE REQUIREMENT AS OPPOSED TO 95% AND WE HAVE ASKED FOR NO SIGNAGE VARIANCES.

WE HAVE JUST GONE WITH STRAIGHT CODE.

BUT OTHER THAN THAT, IT RUNS PRETTY DARN PARALLEL.

I COULD BE OFF WITH SOMETHING. MARCOS MAY JUMP AND SAY, I AM NOT TRYING TO MISLEAD YOU. WE ARE TRYING TO BRING THE TRACT SO IT MATCHES THE REST OF THEM AND NOT BEING A LOAN WOLF

INDUSTRIAL. >> DOES THE FACILITY MEET OUR ARTICULATIONS AND OUR REQUIREMENTS, ARCHITECTURALLY

SPEAKING? >> IT MEETS THE STANDARDS THAT WE APPROVE FOR HILLWOOD. HILLWOOD STANDARDS WERE DIFFERENT THAN WHAT OUR BASE DESIGN REQUIREMENTS REQUIRE FOR HORIZONTAL VERTICAL ARTICULATION.

THEY STILL ADDED SOME HORIZONTAL ARTICULATION, ABOUT HALF OF WHAT WE WOULD NORMALLY REQUIRE. LET'S GO TO THE ELEVATIONS, IF WE CAN. I WOULD SAY LIKE THESE AREAS HERE WHERE THE ACTUAL GARAGE DOORS ARE, THEY DID NOT INCLUDE ANY TYPE OF VERTICAL OR HORIZONTAL ARTICULATION BUT KNOWING, AGAIN, YOU HAVE TRUCKS GOING BACK AND FORTH, WE KIND OF BACKED OFF ON THAT PARTICULAR AREA.

OTHER THAN THAT, THEY DO STILL PROVIDE SOME OFFSETS.

AGAIN, PRETTY MUCH NOT ANYWHERE NEAR WHAT OUR BASE STANDARDS REQUIRE BUT PRETTY MUCH RIGHT ON WITH HILLWOOD WAS APPROVED WITH.

>> WILL THE SECOND BUILDING REQUIRE A SUP?

>> ONLY -- DEPENDING ON THE USE. WITHIN THE ACTUAL ORDINANCE UNDER SECTION B, WE DO LIST THE USES THAT DO REQUIRE A SPECIFIC USE PERMIT. THERE ARE FAIR AMOUNT UNDER SECTION C OF PROHIBITED USES AS WELL.

THAT ISN'T TO SAY THAT THAT CAPTURED EVERYTHING UNDER THE HEAVY INDUSTRIAL USE TABLE. THERE IS STILL OTHER USES THAT MIGHT BE ALLOWED BY RIGHT. I DON'T KNOW IF YOU GUYS RECALL WHEN WE DID THE KBC CASE, WE LIMITED THAT TO JUST WAREHOUSE DISTRIBUTION AND DIDN'T ALLOW FOR ANY OTHER USES IN THAT RESPECT. ON THIS ONE, WE ARE FOLLOWING MORE THE OF THE HILLWOOD SIDE. IT ALLOWS FOR HEAVY INDUSTRIAL.

PROHIBITED USES, A LOT OF OTHER ONES THAT FALL INTO THE SUP

REQUIREMENT. >> THANK YOU.

>> YOU ARE SHOWING TWO BUILDINGS THAT LOOK ALMOST IDENTICAL.

WHAT ASSURANCE, IF ANY, IS THAT WHEN YOU GETS AROUND TO BUILDING IT, THEY WILL BE -- LOOK THE SAME?

>> SO THEY DID PROVIDE -- >> I'M ASKING WHOEVER CAN GIVE

ME A GOOD ANSWER. >> WELL, YEAH.

I MEAN -- THEY DID PROVIDE THE SITE PLAN THAT THEY DID PROVIDE IS CONCEPTUAL. LET'S START WITH THAT.

THEY STILL HAVE TO PROVIDE A DETAILED SITE PLAN.

ULTIMATELY, WE ARE GOING TO BASE IT ON WHAT IS ACTUALLY APPROVED.

IF IT FALLS FAR FROM THAT CONCEPTUAL SITE PLAN, THEN WE NEED TO COME BACK AND AMEND THE PD AND BRING IT BACK TO THIS COUNCIL. BUILDING TWO THEY DID NOT PROVIDE ELEVATIONS FOR. THEY ARE STILL ON THE HOOK TO PROVIDING ELEVATIONS. THEY HAVE TO ADHERE TO THE DESIGN REQUIREMENTS LISTED IN THE PD.

ONCE THEY GET THAT DETAILED SITE PLAN TOGETHER, THEY GIVE US THOSE ELEVATIONS, IF THEY FIND IT DOES NOT MEET THE REQUIREMENTS, IT HAS TO COME BACK TO THE CITY COUNCIL FOR APPROVAL. OTHERWISE WE CAN KEEP THAT AT A

STAFF LEVEL. >> THE ESSENCE OF MY QUESTION IS

MORE AESTHETIC. >> THE FIRST ONE IS DONE BY THE ARCHITECT. THAT IS STARTED.

>> I BELIEVE THESE ARE THE SAME -- THESE ELEVATIONS HERE ARE THE EXACT SAME OF WHAT IS SHOWN IN THE PD AS WELL.

>> IF YOU WISH TO ADD TO THAT, GO AHEAD.

>> TINY LEVEL OF CONFIDENCE THAT THIS GENTLEMAN IS GOING TO OWN BOTH OF THESE BUILDINGS. HE IS GOING TO OFFICE OUT OF

ONE. >> WE HAVE HAD A GOOD EXPERIENCE

TO DATE. >> MARCOS, EVERYTHING THAT YOU SAY IS GOOD TO GO NOW JUST VOTE YES AS IT SITS?

>> SAY THAT AGAIN? DID YOU SAY EVERYTHING IS GOOD

TO GO? >> WELL, AGAIN, AS YOU GUYS

[01:50:06]

STAFF IS GOING TO SIDE WITH THE COMPREHENSIVE PLAN, THOROUGHFARE PLAN. ONE THING --

>> MARCOS, IF IT GETS APPROVED, THEY NEED TO APPROVE THE THREE STIPULATIONS WITH THE THIRD STIPULATION BEING A, B, AND C.

>> THAT IS CORRECT. >> MAYOR: READY TO CLOSE THE

PUBLIC HEARING. >> SECOND.

>> MOTION TO CLOSE PUBLIC HEARING.

DISCUSSION OR MOTION. >> CLARIFY WITH MARCOS, THE ORDINANCE IN FRONT OF COUNCIL DOES NOT INCLUDE SOME OF THE

STAFF RECOMMENDATIONS, RIGHT? >> IT DOESN'T INCLUDE ANY OF THIS LANGUAGE. IT IS SHOWN IN THE SITE PLAN BUT NOT SHOWN IN THE ACTUAL ORDINANCE PLAN.

ONLY BECAUSE THOSE ARE OFF SITE IMPROVEMENTS.

>> THE ORDINANCE DOES REFERENCE THE SITE PLAN.

SITE PLAN DOES HAVE THOSE ON THERE.

THEY CAN APPROVE AS PRESENTED. >> YES, SIR.

>> ANYBODY ELSE HAVE ANYTHING? I WILL MAKE A MOTION TO APPROVE

AS PRESENTED. >> SECOND.

>> MOTION TO APPROVE AND SECOND. PLEASE VOTE.

ITEM PASSES 6-0. >> THANK YOU SO MUCH.

>> THANK YOU VERY MUCH. >> VERY EXCITED TO GET TO KNOW YOU GUYS. THANK YOU SO MUCH.

[2022-173]

>> MAYOR: REGULAR AGENDA ITEM 2022-173 CONSIDER AND ACT UPON ADOPTION OF THE FY 2022-2027 STRATEGIC PLAN AS A PLANNING DOCUMENT FOR THE CITY OF MIDLOTHIAN TO INCLUDE PERSONNEL AND CAPITAL EQUIPMENT FOR THE GENERAL FUND, UTILITY FUND, CONFERENCE CENTER AND SENIOR CITIZEN CENTER.

>> GOOD EVENING MAYOR AND COUNCIL.

AS YOU WILL RECALL, THIS IS A FIVE-YEAR PLANNING DOCUMENT THAT IS THE BEGINNING OF OUR BUDGET PROCESS FOR THE YEAR.

IT WILL CULMINATE WITH THE ADOPTION OF THE BUDGET HOPEFULLY IN SEPTEMBER. SO I WILL JUST GO THROUGH A FEW OF SALIENT POINTS IN THIS. IF YOU HAVE ANY QUESTIONS, I WILL BE GLAD TO ANSWER THOSE. BUT, AGAIN, AS WE ALL KNOW, PLANNING DOCUMENT, THE FURTHER WE GO OUT, THE LESS MEANINGFUL IT IS BECAUSE WE HAVE SO MANY ISSUES THAT CAN ARISE.

BUT I WILL SAY THAT IN THIS PARTICULAR ESTIMATE, WE HAVE NO PROPERTY TAX INFORMATION CURRENTLY.

NO PRELIMINARY ESTIMATES OF THE CERTIFIED VALUE.

WE WILL GET THE FINAL APPROVED PROPERTY TAX ESTIMATES FROM THE APPRAISAL DISTRICT IN JULY. SO IT IS GOING TO BE A WHILE BEFORE WE GET TO THAT POINT. FOR THIS YEAR, WE HAVE ESTIMATED A 14% GROWTH RATE OVER THE PRIOR YEAR ADOPTED.

WE ARE HAVING INDICATIONS WITH OUR GROWTH AND WITH THE APPRAISALS THAT IS VERY DOABLE. WE ALSO HAVE SALES TAX PROJECTED WITH A 23% INCREASE. THOSE OF YOU THAT HAVE BEEN HERE KNOW THAT THAT IS NOT AS CONSERVATIVE AS WE HAVE BEEN IN THE PAST. BUT WE BELIEVE WE CAN REACH THOSE RIGHT NOW. OUR PRIOR YEAR, WE USED A 18% INCREASE OVER THE ADOPTED BUDGET.

WE ARE SHOWING AN OVERALL REVENUE GROWTH RATE AT 14% FOR FY 22/23. THE PRIOR YEAR WE ESTIMATED 6% INCREASE. SO THINGS ARE LOOKING, AT THIS POINT, VERY ROSIE FOR THE CITY. WE ALSO, I JUST WANT TO POINT OUT WE DID SELL THE LAWSON BUILDINGS THIS LAST YEAR SO WHEN WE ARE DOING YEAR TO YEAR COMPARISONS, THAT ALMOST THREE MILLION WILL SKEW THOSE COMPARISONS FROM YEAR TO YEAR.

WE HAD A LARGE INCREASE OVER OUR ADOPTED FOR LICENSE AND PERMITS, SHOWING 25% INCREASE IN THAT IN OUR REVENUE ESTIMATES FOR THE NEXT YEAR. 400,000-DOLLAR INCREASE.

AND WE HAVE AN ONE-YEAR INCREASE IN CONSTRUCTION INSPECTION FEES

[01:55:02]

GOING THROUGH SPECIFICALLY THE NEXT YEAR, WE KNOW THAT, WE HOPE, IS A LOT BETTER THAN -- CLOSER THAN OUR ESTIMATES MAY BE IN THE FUTURE, WE HAVE 7.4909 IN TOTAL REQUESTS.

AND I WILL GO THROUGH THOSE REALLY BRIEFLY.

AGAIN, WE HAVE VITAL INFRASTRUCTURE NEEDS AND THIS IS ALL RELATED TO THE GENERAL FUND. FOR STREET REHAB, THAT IS A RECURRING THING EVERY YEAR. FIRE, POLICE, N ONGOING INFRASTRUCTURE NEEDS. WE HAVE CRITICAL PROGRAMS INCLUDED. SCBA REPLACEMENTS FOR THE FIRE DEPARTMENT. REWRITE OF DIVISION AND ORDINANCES. FUEL TANK REPLACEMENT.

THAT IS FOR THE FUEL FOR THE CITY VEHICLES.

WE HAVE STREET MAINTENANCE, SIDEWALKS AND CURBS AND THEN WE HAVE SOME BEAUTIFICATION COSTS AS WELL.

PERSONNEL, I WILL SAY WE HAVE BEEN VERY CONSERVATIVE IN THE PAST AND WE HAVE RUN VERY LEAN. AND SO OVER THE NEXT FIVE YEARS, WE HAVE 105.5 POSITIONS RECOMMENDED.

WE HAVE 18 NEW POSITIONS FOR THIS NEXT YEAR.

AND TO HIGHLIGHT SOME OF THOSE, THERE'S THREE NEW POSITIONS IN FIRE. THOSE WILL BE CAPTAINS WHO WILL BE STAFFING UP TOWARD OUR NEW FOURTH FIRE STATION.

WE HAVE 8 NEW POSITIONS IN POLICE, THAT'S FIVE ADDITIONAL POLICE OFFICERS AND ADMINISTRATIVE SERVICE MANAGER WHO WILL TAKE PLACE OF OUR QUARTER MASTER WHO IS NOW A SWORN OFFICER AND THIS WILL BE A CIVILIAN PERSON TO TAKE THAT TASK ON AND TWO ADDITIONAL SROS THAT HAVE BEEN REQUESTED BY MISD. TO GIVE YOU JUST A QUICK LITTLE SNAPSHOT, AS YOU WILL REMEMBER, OUR MINIMUM REQUIRED FUND BALANCE IS 90 DAYS PER OUR POLICY.

CURRENTLY, FY 21/22 RIGHT NOW, WE HAVE ABOUT 229 DAYS OF FUND BALANCE. THIS CHANGE WOULD BRING -- IF WE APPROVED EVERY SINGLE THING, THAT WOULD BE DOWN TO AROUND 180 DAYS, BE ABOUT 169. THEN IN THE UTILITY FUND, THE REVENUES WE PROPOSING THAT THOSE REMAIN FAIRLY STEADY, WE DO HAVE AN INCREASE IN INSPECTION FEES FORECASTED.

THOSE RIGHT NOW ARE PROJECTED TO BE 353% OVER THE PRIOR YEAR ADOPTED AND WE ANTICIPATE TO REMAIN STEADY AFTER THAT FIRST YEAR. BUT WE HAVE HAD A LARGE JUMP IN THAT. WE HAVE 12% GROWTH OVERALL FOR FY 22/23 LARGE LARGELY BASED O, WATER, WASTE WATER SALES.

WE HAVE ESTIMATED A MODEST 2 TO 3 PERCENT GROWTH AFTER THAT AS REVENUES CAN BE VOLATILE BASED ON SEASONAL FACTORS.

SO WE NEVER KNOW IF IT IS GOING TO BE A RAINY OR DRY YEAR.

EXPENSES FOR THE UTILITY FUND FOR CAPITAL OVER THE NEXT FIVE YEARS, WE ARE ESTIMATING 41,447,000 AND IN PERSONAL COST OVER THE NEXT FIVE YEARS, 3,785,000.

WE DO HAVE CONTINUING INFRASTRUCTURE NEEDS FOR THE CAPITAL DISTRIBUTION AND COLLECTION.

THE PRIMARY WON WILL BE 16 MILLION-DOLLAR EXPANSION TO PROVIDE 24MGD AT AUGER WATER TREATMENT PLANT OVER TWO YEARS WITH PROPOSED CASH AND BOND FUNDING.

RIGHT NOW, WE HAVE ESTIMATED IT WILL BE A MILLION IN CASH -- I'M SORRY, 8 MILLION IN CASH AND 8 MILLION IN BOND FUNDING.

IF YOU LOOK AT THE SPREADSHEET, HE WILL SEE 8.5 MILLION THAT 550,000 ROUGHLY ACROSS THROUGH THE REMAINDER OF THE SPREADSHEET, THAT WOULD BE DEBT SERVICE FOR THAT BOND.

[02:00:04]

ONE NOTABLE ONE IS 1.1 MILLION REFURBISHING AT TAMEN AND THEN WE HAVE OTHER PROGRAMS AND STUDIES AND ENGINEERING TO SUPPORT FUTURE GROWTH IN THERE. PERSONNEL, AGAIN, WE HAVE BEEN CONSERVATIVE WITH THAT IN THE PAST BUT NOTHING LIKE THE GENERAL FUND. WE HAVE 9.5 NEW POSITIONS OVER FIVE YEARS. FOUR AND A HALF NEW POSITIONS FOR FISCAL YEAR 22/23. THTHERE WILL BE AN OPERATIONS MANAGER SPLIT BETWEEN THE TWO. THAT ACCOUNTS FOR THAT HALF POSITION. IT WILL BE SPLIT BETWEEN PUBLIC WORKS, WATER AND WASTEWATER. THEN WE ALSO HAVE A UTILITY MAINTENANCE WORKER AND WATER TREATMENT PLANT MAINTENANCE WORKER. WATER QUALITY TECHNICIAN AND A DIRECTOR OF UTILITIES. AND THAT FUND BALANCE IS IN EXCESS OF 300 DAYS. I DIDN'T EXACTLY CAL CALCULATE T BUT IF WE WERE TO DO THIS, WE WOULD BE DOWN AROUND OUR 180 DAYS. SO WITH THAT, IF YOU HAVE ANY SPECIFIC QUESTIONS ABOUT IT, I WILL BE GLAD TO ANSWER THEM.

OR IF I DON'T KNOW, I WILL GET BACK WITH YOU WITH THE ANSWER.

I KNOW I THREW A LOT OUT FAST. BUT --

>> I THINK YOU HAVE DONE A GREAT JOB.

IF HE PUT IN 180 DAYS, WE WILL BE HAPPY.

>> I AGREE, IT IS A GOOD FUND BALANCE.

>> COUNCIL? THANK YOU VERY MUCH.

>> YOU DO HAVE TO TAKE ACTION ON IT, THOUGH.

>> WE DO, WE DO. >> I MOVE TO APPROVE.

>> YOU MAY. >> DO YOU.

>> MOVE TO APPROVE. MOTION TO APPROVE.

DO I HAVE A SECOND? OKAY, PLEASE VOTE.

ITEM PASSES 6-0. >> THANK YOU.

[2022-174]

>> MAYOR, COUNCIL, THANK YOU FOR HEARING ME OUT ON THIS AGENDA ITEM. I'M COMING TO YOU ONCE AGAIN, I'M STARTING TO SOUND LIKE A PPARROT, COMING TO YOU EARLY BECAUSE OF SUPPLY SHORTAGES. WEEP CENTLY ARE WAITING FOR AN AMBULANCE THAT WE HAVE HAD ORDERED FOR OVER A YEAR AND ARE REPLACEMENT PROGRAM IS GETTING A LITTLE OUT OF SKEW BECAUSE OF THOSE DELAYS. WE ARE ALREADY READY TO START REPLACING THE NEXT UNIT IN OCTOBER.

BUT WE CAN'T FIND CHASSIS. THAT BEING SAID, ONE OF THE THINGS THAT WE ARE ASKING FROM YOU AND YOUR AUTHORIZATION TONIGHT IS TO ALLOW US TO REMOUNT A BOX THAT WE CURRENTLY OWN, JUST GOING BACK A LITTLE BIT INTO HISTORY.

IN 2014, WE STARTED BUYING AMBULANCES WITHOUT GENERATORS ON BOARD. PRIORITY THAT, WE HAD ALWAYS BOUGHT AN AMBULANCE THAT HAD A GENERATOR ON BOARD BECAUSE OF THE DEMAND OF THE ELECTRONICS AND AIR CONDITIONING THAT WERE REQUIRED FOR THE PATIENT COMPARTMENT.

WHICH THEN REQUIRED THE MAINTENANCE OF TWO DIFFERENT MOTORS ON THE AMBULANCE AND PRESENTED US WITH OTHER MAINTENANCE ISSUES. SO WE, WITH THE ADVANCEMENT OF TECHNOLOGY, WITH LIGHTS AND AIR CONDITIONING, WE WERE ABLE TO START ORDERING AMBULANCES AND BUYING NEW AMBULANCES IN 2014 THAT DID NOT HAVE A GENERATOR. THIS WILL BE THE FIRST TIME THAT WE CAN TAKE A BOX WITHOUT A GENERATOR AND REMOUNT IT.

SO WHAT THAT MEANS IS THAT WE ARE GOING TO ASK OUR VENDOR THROUGH HGAC, THE CONTRACT THAT'S OUT OF HOUSTON, TO FIND US A CHASSIS, F450 GAS POWERED AMBULANCE PREP CHASSIS.

THEY WILL DELIVER IT. IIT WILL GO TO A MANUFACTURER WO CAN REMOUNT THE BOX. THEY TAKE THE BOX OFF THE OLD CHASSIS WHICH HAS IN EXCESSIVE 150,000 MILES ON IT, WE DISPOSE OF IT. REREFURBISH THE WHOLE PATIENT BOX FROM THE OUTSIDE TO THE INSIDE.

[02:05:01]

INTERIORLY WE GET NEW FLOORS, VINYL SEATS, NEW LEXON GLASS.

WHEN THE AMBULANCE BOX IS PUT BACK ON THE CHASSIS, IN ESSENCE WE HAVE A NEW AMBULANCE STILL UTILIZING THE OLD PATIENT COMPARTMENT BOX. THAT WILL, I BELIEVE, SAVE US ABOUT A HUNDRED THOUSAND DOLLARS ON BUYING A BRAND NEW AMBULANCE.

WE JUST HAVE TO FIND A CHASSIS. THOSE ARE FAR AND FEW BETWEEN.

AS SOON AS WE FIND A CHASSIS, IT WILL TAKE ABOUT 90 DAYS TO HAVE THAT AMBULANCE REMOUNTED BACK TO US.

IF WE WERE TO BUY A BRAND NEW AMBULANCE TODAY, WE WOULD BE LOOKING AT OVER $300,000 DUE TO INFLATION AND THE VENDORS THAT WE BUY FROM ARE ALREADY TELLING US THAT WE WOULDN'T EVEN BE ABLE TO PLACE AN ORDER INTO PRODUCTION UNTIL AFTER SUMMER OF NEXT YEAR. AND THIS AMBULANCE THAT WE ARE ASKING TO HAVE REMOUNTED WOULD NEED TO BE AS PART OF OUR APPARATUS REPLACEMENT PROGRAM IN SERVICE THIS FALL.

BY AUTHORIZING THIS TONIGHT, YOU ARE AUTHORIZING US TO THE ABILITY TO GO OUT, FIND AN AMBULANCE CHASSIS AND HAVE THE NEXT AMBULANCE REMOUNTED SO THAT WE HOPE WE CAN HAVE THAT AMBULANCE BY THE FALL. I WOULD BE HAPPY -- THAT WAS SHORT AND SWEET BUT I WOULD BE HAPPY TO ANSWER ANY QUESTIONS

THAT YOU MAY HAVE. >> ALMOST KEEPING UP WITH THINGS

THEN. >> IT WILL BE CLOSE, YES, SIR.

IT IS HARD TO DO THESE DAYS. >> QUICK QUESTION, ONLY ONE, EASY. IS THAT THE A NOT TO EXCEED AS WE ARE STILL LOOKING FOR THE CHASSIS?

>> SO THE PRICES THAT -- SO THE WAY THAT THAT HGAC CONTRACT WORKS, THE VENDOR SUBMITS A CERTAIN PRICE, BASE PRICE, THAT BUYS THE CHASSIS AND COVERS THE LABOR AND EXPENSE OF TAKING THE BOX OFFICE THE OLD CHASSIS AND PUTTING IT ON THE THE NEW ONE.

AND THEN THERE IS AN ALA CARTE LIST.

WE WANT A BUMPER, AIR HORNS, THAT'S WHERE THE $189,000 CAME UP TO, PLUS $600 FOR HGAC ONE-TIME FEE.

THAT NUMBER SHOULD BE PRETTY GOOD.

ONLY REASON I ADDED A CONTINGENCY, IF WE TAKE THE BOX OFF AND WE FIND A STRUCTURAL ELEMENT.

THERE IS A LITTLE BIT OF AN UNKNOWN THAT WE CAN'T FULLY KNOW UNTIL WE REMOVE THE BOX. BUT IT WON'T EXCEED THE 210.

WE WILL CUT THINGS TO MAKE SURE IT DOESN'T.

>> I MAKE A MOTION TO APPROVE AS PRESENTED.

>> SECRETARY. >> ITEM PASSES 6-0.

>> THANK YOU. >> THANK YOU, CHIEF.

[2022-175]

AIRPORT. >> I AM PART OF THE AIRPORT BOARD REPRESENTING MIDLOTHIAN. AND TODAY WHAT I WOULD LIKE TO DO IS -- I'M SORRY. BARRY HUNTLY, SWEET WATER DRIVE, MIDLOTHIAN. DO YOU HAVE THE PRESENTATION? SO FOR THE LAST TWO YEARS WE HAVE BEEN LOOKING AT ADDING SOME BOX HANGARS TO THE AIRPORT AND THEN WE STARTED THIS PROJECT IN 2020 AND FOR SOME DELAYS AND ALSO GOING BACK TO THE PROPOSAL TO CHANGE FOR CERTAIN REQUIREMENTS LIKE THE SPRINKLER SYSTEMS, WE HAD TO POSTPONE IT. WITH THIS AVIATION ECONOMY GROWING LIKE IT IS, WE ARE TRYING TO BRING IN MORE PEOPLE, MEANING OWNERS AND SUCH, THAT WILL ADD TO THE AIRPORT AND TO THE COMMUNITY. AND SO WE ARE ADDING THESE BOX HONING GARS FOR THIS OPPORTUNITY.

HANGARS FOR THIS OPPORTUNITY. I WON'T GO THROUGH THE NUMBERS, THE SHORT-TERM NEED AT THE TOP THERE, DIFFERENT TYPES OF

[02:10:01]

THE LITTLE CIRCLE AND HASH MARK, WE HAD PARKING THERE BUT DECIDED TO POSTPONE THAT TO ANOTHER PROJECT.

SO THE PROCESS AND TIMELINE IN LATE 2020, IT WAS CREATED.

WE VETTED IT THROUGH THE LEGAL DEPARTMENTS.

THEY APPROVED THE PLAN AND THE LEASE.

THE IRP, WE HAD THREE PROPOSALS. ONE OF THEM DROPPED OUT AND WE VOTED TO -- LATER IN FEBRUARY, TO AWARD IT TO DON JACKSON CONSTRICTION COMPANY. THIS IS BASICALLY AFTER GOING THROUGH ALL THE DIFFERENT POINTS THERE.

THE COST BREAKDOWN HERE IS BASICALLY, LOOKING AT 45 BY 40 BOX HANGARS, SIX OF THEM, THEY WILL HAVE BIFOLD DOORS, THEY GO UP IN A FOLDING POSITION. INFRASTRUCTURE HAS BEEN TAKEN CARE OF OR WILL BE TAKEN CARE OF BY THE CONTRACTOR HIMSELF AT TUNE OF AROUND $180,000, NO COST TO THE CITY AT ALL.

THEN THE TOTAL WILL BE ABOUT 1.1 PAID BY THE CONTRACTOR THEMSELVES. THEN WE ARE LOOKING AT POSSIBLE COSTS TO THE TENANT, WHOEVER BUYS THE THESE BOX HANGARS, 1830 A PIECE. THAT COULD FLUCTUATE DEPENDING ON TIMING. AND ALL OF THESE RULES AND REGULATIONS ARE BASICALLY APPROVED BY BOTH CITY COUNCIL.

SO WE CAN'T MOVE ALONG WITHOUT YOUR VOTE ON THIS.

SO THE BENEFITS WE HAVE HERE IS THAT THE LEASE BASICALLY IS FOR 30 YEARS AND IT IS PLUS 10 PLUS 10 MEANING THERE IS A STOP POINT HERE. BUT IT IS A 30-YEAR LEASE AND RENEWABLE EVERY FIVE YEARS, AS FAR AS THE RATES ARE CONCERNED.

THIS WILL DECREASE THE HANGAR WAIT LIST FOR US.

IT WILL OFFER US POSSIBLY THE INCREASE IN OPERATIONAL REVENUES. AND THEY WILL BE BUILT TO SUIT TO THE CUSTOMER AS WELL. THEY WILL LOOK THE SAME ON THE OUTSIDE. ANYTHING INSIDE COULD BE CUSTOMIZED. AGAIN, THIS IS NO FUNDING FROM THE CITY. IT IS PRESERVING ANY IF I UNDERSTAND FOR THE FUTURE WE MAY WANT TO DO OUT THERE.

ALL THE RISKS ARE BASICALLY DONE BY THE JACKSON CONSTRUCTION COMPANY. ONE LAST THING I PUT ON THE BOTTOM, THEY WILL CLIE COMPLYINH THE RULES AND REGULATIONS OF THE AIRPORT AS OTHER TENANTS DO. THE LAST THING I WAS GOING TO SAY, THIS IS BASICALLY BEYOND THE HANGARS, I CALL IT THE LEADING EDGE AND I KIND OF FOLLOW ALONG WITH THE FURNITURE GUY A LITTLE WHILE AGO, THE VISION THAT WE HAVE HERE IS WE ARE REACHING OUT TO LOCAL SCHOOLS.

WE WANT TO INCORPORATE A PROGRAM OUT THERE WHERE YOU CAN GET STUDENTS OUT THERE INTERESTED IN AVIATION, LEARNING A TRADE.

WE ARE TRYING TO GET ALPA TO DO A STEM PROGRAM WITH THE SCHOOLS AS WELL. YOU HEAR A LOT ABOUT THIS THESE DAYS. SCHOOLS, HIGH SCHOOLS AND CERTAIN COLLEGES AROUND THE COUNTRY ADDING AVIATION AS PART OF THEIR PROGRAMS. BEYOND THAT, YOU HAVE GOT THE CHANCE TO HAVE OEM WITH APRESENCE APPRENTICE PROGRAMS. LIKE BELL HELICOPTER OR SOMEONE ELSE THAT MIGHT BE MOVING IN HERE. OR MAINTENANCE PROVIDERS OUT THERE, THEY WOULD BRING IN THE STUDENTS AND HAVE THEM AS APPRENTICE PROGRAMS. WE CAN DO THAT AS WELL.

THAT QA EQUALS JOBS AND ALSO THE OTHER THING THAT WE ARE LOOKING AT, THIS IS, AGAIN, BEYOND THE HANGARS, WE ARE LOOKING AT AWARENESS OF AVIATION BENEFITS TO THE PUBLIC.

I DON'T KNOW HOW MANY ARE AWARE OF THE ANGEL FLIGHT PROGRAM, THIS IS WHERE VOLUNTEERS FLY PEOPLE TO PLACES LIKE HOUSTON, WHEREVER MEDICAL NEEDS NEED TO BE MET, THEY CAN DO THAT AT THAT PERSON'S COST. YOU HAVE CIVIL AIR PATROL AND A

[02:15:01]

HANGARS ARE THE LEADING EDGE AND WE ARE FOLLOWING ALONG WITH OTHER PROSPECT. IF WE HAVE ANY QUESTIONS, I HAVE ASKED MR. JACKSON AND MR. CURT TO ANSWER ANY QUESTIONS THAT YOU

MIGHT HAVE THERE. >> MAYOR: HOW LONG DOES YOUR

AVERAGE TENANT STAY WITH YA'LL? >> WE WOULD BE SELLING THE

HANGARS. >> MAYOR: AT THE AIRPORT.

>> ONE GENTLEMAN OUT THERE RIGHT NOW HAS BEEN THERE FOR ALMOST 40 YEARS FROM WHAT I AM TOLD. OTHERS, IT VARIES.

PEOPLE MOVE OUT. I HAVE BEEN OUT THERE SINCE 2017, WHEN I MOVED OVER HERE. AND THERE'S OTHER PEOPLE OUT THERE THAT HAS BEEN THERE A LONG LONGER.

>> JUST A CURIOSITY QUESTION. >> AVERAGE IS PROBABLY SOMEONE

FIVE TO TEN YEARS. >> WHAT WOULD THE RENT BE ON ONE OF THOSE HANGARS, OUT OF CURIOSITY? OR ON A TYPICAL HANGAR OUT THERE NOW?

>> TYPICAL RIGHT NOW IS BETWEEN ABOUT 280 TO I THINK 310, 330.

>> PER MONTH. >> PER MONTH SO AS YOU GUYS KNOW, ITCH I HAVE BEEN KIND OF INVOLVED IN THE AIRPORT.

MAYBE I CAN SHED A LITTLE BIT OF LIGHT ON THIS.

I LIKE PERSONALLY, WE HAVE GONE THROUGH A LOT OF HOOPS ON THIS.

BASICALLY, FOR THOSE WHO HAVEN'T READ EVERY OUNCE OF CONTRACT FOR THIS, IT IS UTILIZING -- YEAH, THANK YOU.

IT IS UTILIZING PRIVATE MONEY THROUGH THE REGULAR ECONOMY, NOT OUR OWN BUDGETS TO SOURCE THE VIABILITY OR VET THE VIABILITY TO BUILD AND THEN SELL THE USE RIGHTS OF THE HANGARS TO POTENTIAL TENANTS. SO BASICALLY WHAT THEY ARE GETTING AT IS DON JACKSON CONSTRUCTION IS GOING TO BUILD THESE HANGARS THROUGH CONSTRUCTION AGREEMENT AND INITIAL LEASE TERM. THAT WAS THE 30-10-10 HE WAS TALKING ABOUT. THE 30 YEARS IS BASICALLY OUR GIVE BACK TO THEM FOR THEIR ECONOMIC INVESTMENT IN OUR AIRPORT. THEY ARE GOING TO BUILD THE HANGARS, NO COST TO US, AS LONG AS SOMEONE WITH BUY THE HANGARS.

SOMEWHERE AROUND 180, 200 THOUSAND DOLLARS A HANGAR.

THAT'S THEIR HANGAR. THAT'S PRETTY STANDARD FOR GROUND LEASES FOR HANGAR FACILITIES.

WE HAVE SOME IN MY COMPANY AT OTHER AIRPORTS.

SO THAT'S NOT A BAD DEAL. I DON'T SEE ANYTHING THAT WAS CONCERNING FOR ME. MY ONLY QUESTION WAS THE ADDITION, WOULD YOU GUYS BE OPPOSED TO AN ADDITION FOR LANGUAGE TO THE -- THE AGREEMENT TO HAVE A TERMINATION FOR CONVENIENCE CLAUSE ALLOWING THE CITIES TO PREEMPTIVELY TERMINATE AN EXECUTED GROUND LEASE FOR THINGS LIKE ECONOMIC DEVELOPMENT, REDEVELOPMENT OF THE AIRPORT WITH A FINANCIAL COMPENSATION TO THE LEASEHOLDER EQUAL TO THE REMAINING BALANCE OF THE LEASE. SO AFTER YOUR INITIAL 30-YEAR TERM, SHOULD THAT AIRPORT -- SHOULD BOEING COME IN THERE, WE WANT 500,000 SQUARE FEET OF HANGARS, IN ORDER TO DO THAT WE HAVE TO BULLDOZE THESE HANGARS, THEY MAY BE UNDER LEASE.

SO CURRENTLY AS IS WRITTEN, I DIDN'T SEE ANY TERMINATION FOR CONVENIENCE CLAUSE THAT THE CITY COULD EXC EXECUTE LIKE ECONOMIC

DEVELOPMENT. >> IT IS NOT IN THERE.

>> WOULD YOU BE OPPOSED TO ADDING THAT.

>> WE CAN LOOK AT THAT. >> AND THEN MY OTHER QUESTION YOU GUYS TOUCHED ON IT, I KNOW IT WAS KIND OF A LAST-MINUTE CHANGE FROM YOU GUYS, BUT JUST TO SPECIFY, THE LEASE TERM -- INITIAL LEASE TERM OF 30 YEARS, TWO 10-YEAR EXTENSION OPTIONS OFF THE INITIAL LEASE, AFTER THOSE TWO 10-YEAR EXTENSIONS ARE

[02:20:01]

ESSENTIALLY YOU ARE GETTING A TOTAL MAXIMUM OF 50 YEARS OFF THAT FIRST LEASE BEFORE WE CAN ZEE SIDECIDE TO LEASE THEM OUT .

ET CETERA, ET CETERA. IS THAT RIGHT?

>> WHICH IS CURRENTLY NOT IN THE ORDINANCE.

>> IN THE AGREEMENT. >> IT IS 30 YEARS, AND THEN YOU CAN RENEW YEAR 10 FOR ANOTHER 30 YEARS.

THIS CAPS IT 30, 10, AND 10. MAX 50 YEARS.

SO YOU CAN RENEW EVERY FIVE YEARS.

ONCE YOU RENEW EVERY FIVE YEARS, YOU ARE STILL WITHIN THE CAP OF

30, 10, AND 10. >> AND TERMINATION FOR

CONVENIENCE IS WHEN IS THIS. >> AFTER THE 30 YEARS AND ANY OTHER SUBSEQUENT LEASE THEREOF. SO MEANING IF WE REWRITE A LEASE, WE NEED TO MAKE SURE -- IN THE TEN YEAR.

>> 30 YEARS, I THINK WE ARE GOOD.

WE MIGHT BE LOOKING AT A WAY TO REDEVELOP.

THAT'S ALL I HAD. THANK YOU.

>> COUNCIL? SO WALTER, ARE YOU -- MAKE THE

MOTION. >> I MAKE THE MOTION THAT WE APPROVE THE ITEM AS PRESENTED WITH THE CHANGE IN LANGUAGE AS SPECIFIED WITH THE 30, 10, 10 AND ADDITION OF A TERMINATION CAUSE FOR CONVENIENCE WITH THE COMPENSATION NOT TO EXCEED THE MAXIMUM DOLLAR VALUE OF THE REMAINING LEASED TIME AS AGREED UPON AT THE INITIATION OF THE LEASE.

DID I GET THAT CORRECT IN. >> TERMINATION FOR CONVENIENCE, THE CITIES CANNOT EXERCISE THAT UNTIL AFTER THE INITIAL 30 YEARS. YEAR 31, THEY CAN EXERCISE.

YEAR 40. >> CORRECT.

>> I SECOND THAT. >> WE HAVE A MOTION TO APPROVE AS PRESENTED WITH TWO CLAUSES ADDED.

SECONDED. PLEASE VOTE.

ITEM PASSES 6-0. THANK YA'LL VERY MUCH.

WE LOOK FORWARD TO THE AIRPORT. SO FINALLY.

ITEM 2022-176, CONSIDER AND ACT [INAUDIBLE]

[2022-176]

D ANDREW, YOU GOT IT. >> ANDREW BOSTER, HERE TO SPEAK ON 22-176. LEADERSHIP MIDLOTHIAN IS A LEADERSHIP TRAINING PROGRAM FACILITATED BY THE MIDLOTHIAN CHAMBER OF COMMERCE. EVERY YEAR, EACH CLASS TAKES ON A PROJECT TO IMPROVE THE MIDLOTHIAN COMMUNITY IN SOME WAY. THIS YEAR THE CLASS OF 2022 HAS DECIDED TO ENGAGE THE -- WE DECIDED TO ENGAGE THE MIDLOTHIAN HIGH SCHOOL AND HERITAGE HIGH SCHOOL ART PROGRAMS. WE WORKED WITH THEIR TEACHERS, THE INDIVIDUALS WHO LEAD THE ART CLASSES TO COME TOGETHER AND HAVE SORT OF AN ART COMPETITION TO ULTIMATELY DECIDE ON WHICH ART PIECE THAT THOSE TWO HIGH SCHOOLS -- THAT HELD A COMPETITION, STUDENTS CREATED TO ULTIMATELY HAVE A MURAL ON ONE OF THE BUILDINGS DOWNTOWN.

THE FINALIST WAS SELECTED BY A PANEL.

THIS WAS THE FINAL DESIGN THAT WE SELECTED.

I SHOULD ADD MINUS THE LONGHORN. THE LONGHORN WILL NOT BE INCLUDED IN THE MURAL. THE TRIBUTE TO THE MIDLOTHIAN COMMUNITY, IT IS A SCENIC BEAUTIFICATION PROJECT ATTRACTIVE TO THOSE VISITING DOWNTOWN MIDLOTHIAN.

A PLACE WHERE PEOPLE CAN HAVE THEIR PICTURES TAKEN NEXT TO -- YOU SEE THESE KINDS OF PROJECTS, THESE ART PROJECTS IN A LOT OF CITIES AROUND THE UNITED STATES. SOME CITIES DO THOSE HEARTS

[02:25:01]

IT WILL BE ON A BUILDING OWNED BY STEPHEN HEIDLBAUGH.

HE HAS BEEN INTEGRAL AND INTERESTED IN THIS SORT OF A PROJECT. THIS IS THE WALL OF THE FAMILY DOLLAR AT 308 NORTH EIGHTH STREET.

THE MURAL ITSELF IS NINE FEET HIGH, 30 FEET WIDE.

AND THIS IS WHAT IT LOOKS LIKE. WHAT KIND OF QUESTIONS CAN I

ANSWER? >> PAINTED OR PRINTED?

>> PAINTED. SO THANK YOU.

YES. SO THE WAY THIS WILL BE -- IF IT IS APPROVED, WE WILL COORDINATE WITH THE ART TEACHERS TO HAVE THE STUDENTS COME AND PAINT THE MURAL.

IT WILL BE THE STUDENTS WHO WILL BE DOING IT.

THEY WILL BE OVERSEEN BY THE ART TEACHERS AND THEN THE MEMBERS OF THE LEADERSHIP MIDLOTHIAN CLASS WILL BE THERE TO KIND OF MAKE SURE EVERYTHING IS GOING WELL. IT WILL BE DONE AFTER SCHOOL HOURS. OBVIOUSLY, WE ARE NOT GOING TO PULL KIDS OUT OF SCHOOL OR ANYTHING LIKE THAT.

>> I SEE TWO GRAPHICS THERE. THE MIDLOTHIAN ON THE BOTTOM, IS THAT GOING TO BE THE LETTERING THAT IS USED FOR THE MIDLOTHIAN IN THE PICTURE ON THE TOP? WHAT'S THE PLAN THERE.

>> GREAT QUESTION. THE ONE ON THE TOP IS THE ONE THAT WE ARE GOING TO BE USING. THE ONE ON THE BOTTOM IS A REALLY NEAT IDEA. YOU CAN SEE IT HAS REALLY UNIQUE ASPECTS, VERY SPECIFIC TO MIDLOTHIAN WITHIN EACH LETTER.

CEMENT, COTTON, WATER TOWER. BUT I DON'T KNOW THAT WE WERE ACTUALLY GOING TO INCORPORATE THOSE INTO THE ONE ON TOP.

>> [INAUDIBLE] TWO SEPARATE ARTISTS, WE ARE COMBINING THEIR CREATIONS. THE LETTERS WILL REPLACE THE

ONES THAT ARE ON THERE. >> SO THAT OUR AGGIE TEACHER

STEP UP AND SAY NO LONGHORN. >> THERE IS A BAR ON HIGHWAY 6.

>> THE LONGHORN WAS -- EVERYBODY REALLY LIKE THE LONGHORN.

BUT WHAT A LOT OF PEOPLE HAVE SAID IT IS NOT REALLY MIDLOTHIAN. THAT'S ALL OF TEXAS, SURE.

BUT IT IS NOT -- WE WANTED SOMETHING VERY, VERY

REPRESENTATIVE. >> ARE YOU GOING TO PUT SOMETHING IN THERE OR AGREES LIS FIELD.

>> WEWE HAVE BEEN TALKING ABOUT BLUE BONNETS.

>> WILL YOU PUT ANYTHING ON THERE LIKE PRESENTED BY THE

CHAMBER. >> A SMALL PLAQUE GIVING CREDIT TO ANYBODY WHO -- WE ARE GOING TO NEED TO COME UP WITH SUPPLIES. BY THE WAY, ABOUT 12 TO 1500 DOLLARS THIS PAINT AND SUPPLIES. WE WILL NEED TO COME UP WITH THOSE FUNDS. ANYBODY WHO PARTICIPANTS IN THE PROJECT, WE WANT TO MAKE SURE THEY GET CREDIT FOR.

WE WANT TO HAVE A LITTLE SMALL PLAQUE.

>> THANK YOU. >> IF THIS IS SOMEHOW, UNFORTUNATELY, GRAF GRAFFITIED,O WOULD BE RESPONSIBLE FOR CORRECTING THAT OR REMOVING THAT GRAFFITI OFF OF THE MURAL?

. >> THAT'S A GREAT QUESTION.

WE HONESTLY HAVEN'T DISCUSSED THAT.

WE SHOULD DEFINITELY HAVE SOMETHING IN PLACE.

>> I WOULD THINK THAT IS GOING TO FALL ON THE PROPERTY OWNER.

IT IS PRIVATE. WE WOULD HAVE A HARD TIME GOING ON A PRIVATE BUILDING AND DOING WORK.

>> SURE. I OBVIOUSLY CAN'T SPEAK FOR STEPHEN. WE ALL KNOW STEPHEN, HE WOULD BE ALL OVER GETTING THAT TAKEN CARE OF.

>> IT WOULD IRRITATE HIM TO KNOW WE HAD TO SEE THAT.

>> THAT'S RIGHT. >> I HAVE ONE MORE QUESTION.

LIGHTED, NOT LIGHTED? >> STEPHEN'S RECOMMENDATION TO HAVE IT LIGHTED BUT I DON'T KNOW THAT THAT'S BEEN -- THAT'S A FOR SURE THING. IT WOULD BE AN ONGOING EXPENSE.

WE WOULD BE OPEN TO IT. GOOD QUESTION.

>> MOTION TO APPROVE. >> SECOND.

[02:30:04]

>> MOTION AND SECONDED. PLEASE VOTE.

ITEM PASSES, 6-0. THIS IS EXCITED.

[EXECUTIVE SESSION]

ADJOURN TO EXECU

* This transcript was compiled from uncorrected Closed Captioning.