Feb 27, 2024 City Council

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CAPTIONS. >>> GOOD EVENING. IT IS 6:00 P.M., TUESDAY, FEBRUARY 27TH. WE HAVE A FORMAL COUNSEL HERE AND I CALL THIS MEETING TO ORDER. I WANT TO MENTION BEFORE WE BEGIN THAT IF YOU ARE INTERESTED IN SPEAKING OR MAKING PUBLIC COMMENT ON ANY OF THE AGENDA ITEMS OR ON ANYTHING THAT'S NOT ON THE AGENDA, YOU CAN DO SO BY FILLING OUT A FORM IN THE BACK CORNER OF THE ROOM AND TURN IT INTO THE SECRETARY AS SOON AS POSSIBLE. ONCE I OPENED THE ITEM, THE OPPORTUNITY TO TURN THE FORM IN HAS BEEN CLOSED. TURN IT IN SOONER BEFORE WE OPEN THE ITEM FOR DISCUSSION AND WITH THAT I WILL AS COUNCILWOMAN HAMMONS.

>> FATHER GOD, WE LOVE YOU AND I THANK YOU FOR THE OPPORTUNITY TO SERVE YOU. I PRAY THAT YOU ARE WITH US IN OUR DISCUSSIONS TONIGHT. HELP US AS -- WITH OUR COMMUNITY AND MAKE SURE WE MAKE DECISIONS THAT ARE BEST WITH OUR COMMUNITY AND PRAYED BLESSINGS OVER YOUR PEOPLE HERE AND WE LOVE YOU AND PRAY ALL THESE THINGS IN JESUS'S NAME. AMEN.

>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS WHY NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO TEXAS, WHEN STATE

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UNDER GOD, ONE INDIVISIBLE. >> OPEN ITEM 2024- 61 AND THAT IS A PROCLAMATION HONORING COMMISSIONER PAUL PERRY . FOR THOSE WHO ARE NOT AWARE, WE LOST A DEDICATED SERVANT TO OUR COMMUNITY AND COMMISSIONER PAUL PERRY SERVE THE CITY OF MIDLOTHIAN THROUGH COUNTY SERVICE AS OUR COMMISSIONER FOR PRECINCT 3 FOR A MULTITUDE OF YEARS AND HE IS A GOOD PUBLIC SERVANT AND HE WILL BE WELL MISS THAT I WANT TO GIVE THE COUNCILMEMBERS -- THEY HAD A RELATIONSHIP WITH PAUL ON A PERSONAL AND PROFESSIONAL LEVEL, I WANT TO GIVE ACCESS TO COMMENT ON HIS PASSING AND I WOULD LIKE TO ISSUE A PROCLAMATION ON HIS BEHALF TO HIS WIFE WHO IS HERE IN THE PRESENT. ANY COUNCIL MEMBERS WHO WOULD LIKE TO SPEAK ON

COMMISSIONER PERRY. >> FOR THOSE OF YOU WHO DIDN'T KNOW, HE WAS A MAN OF INTEGRITY. HE WAS A MAN AND DICTION. HE WAS A FAMILY MAN. PAUL HAD HIGH STANDARDS FOR HIMSELF AND PAUL HAD HIGH STANDARDS FOR HIS FRIENDS. WHEN I FIRST GOT INTO RUNNING FOR THE CITY COUNCIL, I HAD A MEETING WITH PAUL AND WE DISCUSSED POLITICS AND IT WAS AN EYE-OPENER TO TALK TO SOMEONE LIKE HIM WHO HAD DONE IT FOR A WHILE AND WHAT HE HAD TO SAY ABOUT IT. HIS ADVICE AND WISDOM WILL BE MISSED BY A LOT OF PEOPLE SERVING THE PUBLIC IN

THIS COUNTY. >> I MET PAUL THROUGH MY RENT FOR CITY COUNCIL AND HE WAS SOMEBODY WHO MEANT TOWARD ME AND BECAME A FRIEND AND I'M GOING TO MISS HIS BIG BEAR HUGS EVERY SECOND TUESDAY AND SOMEBODY SOMEBODY THAT I LOOK

FORWARD TO SEEING EVERY TIME. >> I WILL JUST SAY, PAUL WAS A GREAT MAN. MY FAVORITE THING ABOUT PAUL WAS THAT YOU COULD TELL HE CARED ABOUT YOU BECAUSE WHEN HE FIRST SAW HIM HE WOULD ASK ABOUT YOU AND YOUR FAMILY AND HE KNEW WHEN TO FLIP THE SWITCH WHEN IT WAS TIME TO BE FRIENDS AND WHEN TO DO BUSINESS AND WHEN BUSINESS WAS DONE, YOU WENT BACK TO BEING FRIENDS AND I HAD A LOT OF RESPECT FOR PAUL. PAUL WAS A GREAT PERSON.

MET PAUL IN 2016 OR 17. WE WOULD GO EAT BREAKFAST SEVERAL TIMES A YEAR AND HE WAS A IMMENSE HISTORIAN OF TEXAS HISTORY AND ENJOYED SHARING THAT ON NUMEROUS OCCASIONS AND HE WAS DEDICATED TO THE REPUBLICAN PARTY IN GREAT WAYS IN JUST INVOLVED IN THE PARTY AND ALSO A COUPLE TIMES

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HE WAS PROUD OF THEIR SCHOLASTIC ACTIVITIES AND ACCOMPLISHMENTS AND HE'S DEFINITELY THE KIND OF UNIQUE TEXAS LEADER OF MULTI-GENERATIO NS AND A TEXAN WHO WILL BE MISSED AND DEFINITELY NOT GOING TO BE REPLACEABLE.

>> THE WORD THAT COME TO MIND WHEN I THINK ABOUT MR. PERRY IS APPROACHABLE. I MET HIM WHEN COVID WAS ON THE RISE AND THERE WAS A LOT OF TOUGH DECISIONS TO BE MADE IN THE COUNTY AND I REMEMBER BEING SO AMAZED THE FIRST TIME I MET HIM ABOUT HOW APPROACHABLE AND HOW MUCH HE CARED ABOUT THE INPUT THAT YOU WOULD GIVE TO HIM EVEN AS ANY REGULAR SEASON HE HAD NEVER MET AND HE HAD THAT ATTITUDE TOWARD EVERYBODY THAT I KNOW THAT INTERACTED WITH HIM. HE WILL BE GREATLY MISSED.

>> I WILL PIGGYBACK OFF OF ALAN BECAUSE PAUL AND I WERE SMOOTHIE PLUS BUDDIES AND WE WOULD RUN INTO EACH OTHER AT THE SHOP AND HE WAS VERY KIND IN THE COUPLE TIMES THAT WE SET DOWN FOR COFFEE, IT WAS VERY OPEN TO CONVERSATION AND HE WAS

A NICE MAN. >> IT SPEAKS TO THE TESTIMONY OF HIS CHARACTER AND SO MANY PEOPLE HONORED HIM IN HIS PASSING AND FINGERPRINT IS AND WILL REMAIN FOREVER. I WANT TO INVITE MS. PERRY TO COME UP AS WELL. I WENT TO A CITY COUNCIL TO COME DOWN AND TAKE A PHOTO.

>> I WILL FIRST. HONORING THE PUBLIC SERVICE A PAUL DAVID PERRY, HE WAS A SEVENTH GENERATION TEXAN BORN IN DALLAS, TEXAS. PAUL GRADUATED AND EARNED A BBA IN RISK MANAGEMENT AT BAYLOR UNIVERSITY WHICH HE DID ON ACADEMIC SCHOLARSHIP AND PAUL MET HIS WIFE REBECCA AT BAYLOR UNIVERSITY AND THEY RETURNED TO RAISE THEIR EIGHT CHILDREN. HIS POLITICS BEGINNING COLLEGE AND THAT LED HIM TO SERVE AS A DELEGATE TO MANY STATE CONVENTIONS AND AS A NATIONAL DELEGATE IN 2012 AND 2020 AND PAUL FIRST SERVED AS AN ELECTED OFFICIAL IN ELLIS COUNTY AND STRESSES OF THE PEACE IN THE 1990S AND HE REENTERED PUBLIC SERVICE IN 2013 AT ELLIS COUNTY COMMISSIONER PRECINCT 3 WHEREAS HE WAS DEDICATED TO HIS ELECTED POSITION AND SERVING HIS CONSTITUENTS WITH GREAT PRIDE AND INTEGRITY AND HE CONTINUED HIS DUTIES OF COMMISSIONER FOLLOWING THE DIAGNOSIS AFTER 18 MONTHS OF CHEMOTHERAPY TREATMENTS AND A BATTLE OF CANCER WAS LOST ON FEBRUARY 11TH, 2024 AND ELLIS COUNTY LEFT A DEDICATED PUBLIC SERVANT AND NOW THEREFORE ON BEHALF OF THE CITY COUNCIL AND THE CITIZENS OF MIDLOTHIAN AND I, MAYOR DRESSED IN COFFMAN THEME AND HONOR AND PRIVILEGE FAVORITE 27TH AS PAUL PERRY DAY. THANK YOU FOR HIS SERVICE AND MAY GOD BLESS HIM AND HIS

FAMILY. >> I WANT TO SAY THANK YOU ROW QUICK. PAUL LOVED SERVING MIDLOTHIAN . HE FULLY INTENDED TO CONTINUE SERVING AND HE HOPED TO SERVE FOR SEVERAL MORE YEARS AND I APPRECIATE ALL THE KIND WORDS. IT'S BEEN LOVELY TO HAVE ALL THE SUPPORT FROM MIDLOTHIAN AND PEOPLE ACROSS THE COUNTY AND I DO WANT TO SAY, REGARDLESS OF PROCLAMATION, ANYTIME YOU WANT TO HONOR PAUL, IF YOU WILL BE TRANSPARENT WITH YOUR CONSTITUENTS AND BEND OVER BACKWARDS TO PROTECT THEIR TAX DOLLARS AND PROTECT THEIR LIBERTIES. ANYTIME YOU ARE DOING THAT, YOU WILL BE

HONORING HIS MEMORY. >>> I FIRMLY BELIEVE GIVING

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OPENING ITEM 2024- 062, MIDLOTHIAN CHAMBER OF COMMERCE

PRESENTATION . COME ON UP. >> PRESENTATION, I WASN'T PREPARED FOR A PRESENTATION BUT I CAN PUT ONE TOGETHER ROW QUICK. NO, THE CHAMBER OF COMMERCE CELEBRATED OUR YEARLY ANNUAL AWARDS IN JANUARY AND WE HAVE OUR 10 YEAR REWARDS, SO WE ARE CELEBRATING 35 YEARS OF A GREAT PARTNERSHIP WITH THE CITY OF MIDLOTHIAN THAT WE ARE VERY GRATEFUL FOR AND VERY PROUD TO SERVE YOU AS A COMMUNITY AS WELL, SO WE HAVE THIS -- WE WOULD LIKE TO PRESENT THE CITY AND THANK YOU FOR YOUR SUPPORT AND WE HOPE THAT WE HAVE YOUR SUPPORT IN

THE FUTURE TOO. >> FANTASTIC. THANK YOU. THANK

YOU. >> I'M GETTING MY EXERCISE

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ITEM 2024- 064, CITIZENS TO BE HEARD. WE ASK THE PUBLIC TO ADDRESS THE COUNSEL. YOU SHOULD COMPLETE A FORM AND SPEAKERS

[CONSENT AGENDA]

[2024-077 (Part 1 of 3)]

I'M GOING TO OPEN ITEM 2024- 077, CONSIDER AND ACT UPON ANOTHER ORDINANCE OUTLAWING ABORTION, DECLARING MIDLOTHIAN A SANCTUARY CITY FOR THE UNBORN, MAKING VARIOUS PROVISIONS AND FINDINGS, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE . FOR THE RECORD, WE HAVE MULTIPLE SUBMISSIONS ONLINE. 14 OF THOSE ARE IN SUPPORT OF AND 33 NON-SPEAKERS ARE IN OPPOSITION OF AND I THINK THAT WE HAD 15 SPEAKERS THAT WE WILL HEAR FROM MOMENTARILY . 19 SPEAKERS. WE WILL HEAR FROM THEM MOMENTARILY. WHEN YOU ARE SPEAKING, YOU WILL HAVE THREE MINUTES THAT I WILL NEED YOU TO ACKNOWLEDGE WHETHER OR NOT YOU LIVE WITHIN THE CITY LIMITS AND YOU WILL HAVE THREE MINUTES AND THE TIMER IS RIGHT FRENEMY THAT YOU CAN WATCH AND MONITOR YOUR TIME LIMIT ON AND I'M GOING TO HOLD YOU TRUE TO THAT TIME LIMIT AND WE WOULD THEN OPEN DISCUSSION BY THE COUNSEL BUT BEFORE WE DO THAT, I WANT TO INVITE MR. DAN UP AND HE WANTS TO MAKE A PRESENTATION ON THE CASE AND HE WAS APPOINTED TO THE CHAIR OF THE SUBCOMMITTEE AND THE MAJOR RECOMMENDATION TO THIS COUNSEL BACK IN 2022. MR.

ALTMAN, I GIVE YOU BEFORE. >> THANK YOU, MAYOR AND COUNCIL MEMBERS. THANK YOU FOR THE OPPORTUNITY TO RETURN BEFORE YOU AND PRESENT THIS ORDINANCE. WE HAVE NOT CHANGED THE ORDINANCES THAT TIME IN THE ORDINANCE BEFORE YOU WITH THE SAME ONE THAT WAS VOTED ON BACK IN SEPTEMBER OF 2022. THE

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ALASKA, ARIZONA, CALIFORNIA, FLORIDA, KANSAS, MASSACHUSETTS, MINNESOTA, MONTANA, NEW JERSEY AND NEW MEXICO. THIS IS A REALISTIC POSSIBILITY WITH THE STATE OF TEXAS AND WE HAVE A VERY CONSERVATIVE SUPREME COURT AT THIS POINT IN TIME. TEXAS ALSO HAS RECOGNIZED UNDER ARTICLE ONE SECTION 19 OF THE TEXAS CONSTITUTION WHICH READS DEPRIVATION OF LIFE, LIBERTY AND PROPERTY AND NO CITIZEN OF THE STATE EXCEPT BY THE DUE COURSE OF LAW OF THE LAND. THERE ARE ZONES OF PRIVACY THAT TEXAS HAS RECOGNIZED. FOR EXAMPLE, YOU ARE FREE FROM BEING COMPELLED TO TAKE POLYGRAPH EXAMS ACCORDING TO A SUPREME COURT DECISION AND WE HAVE RECOGNIZED THE RIGHT TO PRIVACY AS A STATE UNDER THE CONSTITUTION THAT EXCEEDS WHAT IT DOES. WHAT THIS DOES IN THE BEGINNING IS, THESE ROLE CITIES MAKING THESE DECISIONS ARE CREATING A RECORD THAT THERE IS A GOVERNMENT RECENT TO RESTRICT THAT THE CITY'S BELIEVE THIS IS A REASON TO RESTRICT IT. FOR THAT REASON, THOSE ARE THE TWO MOST COMPELLING THAT THE CITY MUST ADOPT AN ORDINANCE LIKE THIS AND WHAT WE DID AND WORKING TOGETHER, WE CONSIDERED A NUMBER OF DIFFERENT OPTIONS ON THE COMMITTEE AND THIS STILL REMAINS THE MOST SOLID AND THE MOST SUBSTANTIAL. I KNOW THAT WE CONSIDERED A STRAIGHT ZONING ORDINANCE AND THAT WAS DISCUSSED. HOWEVER, NO CITY AT THIS POINT HAS ADOPTED A STRAIGHT ZONING ORDINANCE TO RESTRICT ABORTION CLINICS OR THE LIKE. WHAT WE HAVE HERE IS A TEST AND PROVEN ORDINANCE THAT HAS NOT BEEN CHALLENGED IN THE COURTS OR OVERTURNED AND FOR THAT REASON WE STILL BELIEVE THAT THE COMMITTEE THAT THIS IS THE BEST WAY FORWARD AND I'M HAPPY TO TAKE ANY QUESTIONS.

>> I'M GOING TO AS THE COUNSEL TO HOLD QUESTIONS. IF YOU WOULD WRITE THEM DOWN AND IF YOU WILL STAY CLOSE BY, I'M GOING TO GIVE THE PUBLIC AN OPPORTUNITY TO SPEAK FIRST BEFORE WE GET INTO THE CONVERSATION WITH YOU. AS I STATED BEFORE, AS MR. BERNER CALLS YOUR NAME, YOU WILL COME UP AND SAY WHETHER OR NOT YOU LIVE WITHIN THE CITY LIMITS AND LIMIT YOUR COMMENTS TO THREE MINUTES. THIS IS A HIGHLY EMOTIONAL ISSUE, SO I'M GOING TO ASK EVERYONE KEEP IT PROFESSIONAL AND I'M GOING TO ASK THE COUNSEL NOT TO DEBATE BACK AND FORTH. COME UP AND PRESENT YOUR OPINIONS AND STATE WILL PEACE AND USUALLY THREE MINUTES AND GIVE THE NEXT PERSON THERE OPPORTUNITY AS WELL. I WILL TURN IT OVER TO MR. WAGNER TO START CALLING NAMES. I BELIEVE THERE ARE 19 OF THEM. WHEN YOU GET TO THE MICROPHONE, JUST STATE YOUR

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NAME FOR THE RECORD. >> HI. MY NAME IS RANDY AND I AM A RESIDENT OF MIDLOTHIAN AND LIVING IN THE CITY LIMITS.

EXCUSE ME. IT'S MY UNDERSTANDING THAT THE STATE OF TEXAS ALREADY HAS LAWS IN PLACE REGARDING THE HISTORY THAT THIS PROPOSED ORDINANCE AGGRESSIONS. SINCE THE STATE ALREADY HAS UNDERTAKEN THE SUBJECT, THEN THIS ORDINANCE WOULD BE UNNECESSARY AND REDUNDANT. IT IS ALSO MY UNDERSTANDING THAT PRIZES INTEREST GROUP THAT BRINGS THIS PROPOSAL TO YOU AND HOPES TO CONVINCE YOU TO A DOCTOR FOR REASONS THAT SEEM TO PUSH THEIR POLITICAL AGENDA AND NOT FOR OUR CITY'S BEST INTEREST. I'M CLUELESS TO SEE ANY REASON THIS ORDINANCE IS NEEDED. WITHOUT IT, WE WOULD STILL BE THE SAME CITY, A COMMUNITY OF PEOPLE TRYING THEIR BEST TO LIVE GOOD LIVES AND LOVE EACH OTHER. IF THIS ORDINANCE IS ADOPTED, I'M WORRIED THAT WE MIGHT FIND OURSELVES CONFRONTED BY SOME OTHER OUTSIDE COMMON INTEREST WHO FEELS IS NECESSARY TO CHALLENGE THE REALITY OF THIS DECISION. WE MAY THEN BE PUT IN A POSITION OF USING OUR TAXPAYER RESOURCES TO PAY LAWYERS AND TO DEFEND AN UNNECESSARY ORDINANCE. I SUSPECT THAT THE CITY'S LEGAL TEAM HAS ENOUGH ON HIS PLATE WITHOUT THIS TO DISTRACT THEM. I WASN'T BORN IN MIDLOTHIAN , BUT MY FAMILY AND I ARE RESIDENTS HERE AND HAVE BEEN FOR OVER 25 YEARS. THE WELCOMING PEOPLE HERE MADE IT EASY FOR US TO FORM FRIENDSHIPS AND BONDS. VERY SOON AFTER WE MOVED HERE, I BECAME AWARE THAT THE CITY IS MY SANCTUARY. THE FEELING OF THE HOMELAND SECURITY HERE IS STRONG AND I FEEL CONFIDENT THAT MANY OF OUR RESIDENTS FEEL NO NEED FOR A FORMAL DECLARATION OF OUR FEELING OF SANCTUARY IN THE CITY. THE CITY OF MIDLOTHIAN IS A SHINING LIGHT THAT I WOULD NEVER WANT TO PLACE UNDER A BALL BUT ON THE OTHER HAND, NOR DO I WISH TO STAND AND DECLARE AND THANK YOU GOD THAT WE ARE NOT LIKE THESE OTHER TOWNS FULL OF ADULTERERS. I WOULD PREFER THAT OTHERS SEE US AS AN EXAMPLE THAT WE ARE A CITY BY HOW WE LIVE AND NOT WHAT WE DECLARE. WHEN LAST THOUGHT. I DON'T THINK THAT THE CITY COUNCIL SHOULD USE ITS POWER TO STATE IN AN ORDINANCE WHEN A WHOLE CITY BELIEVES WHEN THIS IS CLEARLY NOT TRUE. I HUMBLY REQUEST THAT THE CITY COUNCIL TO REFRAIN TO ADOPT THE PROPOSED ORDINANCE AND THANK

YOU FOR YOUR TIME. >> THANK YOU FOR YOUR COMMENTS,

SIR. >> MR. BISHOP, IF YOU STATE YOUR NAME FOR THE RECORD, YOU HAVE THREE MINUTES.

>> I LIVE WITHIN THE CITY OF MIDLOTHIAN . I HAVE SO FOR 30 YEARS. I THANK YOU FOR YOUR TIME TONIGHT AND I APPRECIATE YOUR SERVICE. I'M VERY MUCH INTERESTED IN THE CITY OF MIDLOTHIAN AND LATER STAYING FOCUSED ON MANAGING THE GROWTH AND MAINTENANCE OF THE CITY. JUDGING BY THE FAILING ROADS THAT I DRIVE ON A DAILY BASIS, THE CITY IS JUST BEGINNING TO GET THEIR HANDS AROUND THE NEEDS OF THE GROWING CITY. IT WASN'T THAT LONG AGO THAT THE CITY WASN'T EVEN PARTAKING IN BASIC MAINTENANCE AND THE ROAD FELL APART BECAUSE OF LACK OF MAINTENANCE. PARDON THE LOCAL GOVERNMENT UP THEIR SLEEVES AND DOES THE COMMITTEE'S NUTS AND BOLTS BUSINESS EVERY DAY AND BECAUSE IT'S IMPORTANT FOR LEADERS TO FOCUS ON GROWTH, IT'S OFF COURSE TO CONSIDER AN ORDINANCE MAKING THE MIDLOTHIAN THE SANCTUARY CITY . BASED ON THE HIGH SCHOOL TO DISCUSS, THE STATE OF TEXAS AND THE ATTORNEY GENERAL'S ARDIE TAKING THE LEAD ON THIS ISSUE. MIDLOTHIAN ADOPTING AN ORDINANCE IS JUST PILING ON. I'M IN FAVOR OF ALL CHILDREN BUT I THINK WE ARE NOT SHOWING FOR MOTHERS, WIVES, DAUGHTERS, GRANDDAUGHTERS FOR THE LOSS. IT'S IMPORTANT TO TAKE NOTES THAT OB/GYN ARE

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THE FACILITY CAN HELP OUR COMMUNITY GROW. IT'S IMPORTANT THAT WE PROVIDE A WELCOMING ENVIRONMENT TO HELP PROVIDERS SO THEY COME AND JOIN OUR COMMUNITY AND HELP ALL OF US DIES. IN SHORT, PLEASE FIX THE POTHOLES BEFORE YOU TAKE ON

REPRODUCTIVE RIGHTS. >> THANK YOU FOR YOUR COMMENTS.

FOR THE RECORD. >> MY NAME IS TIFFANY CARA AND I LIVE WITHIN THE CITY LIMITS. I STAND BEFORE YOU TODAY IN POSITION THAT I NEVER HOPED I WOULD BE IN. POSITION THAT WOULD BE AMONG TO PEOPLE WHO HAVE DONE AND SAID ALL SORTS OF THINGS ABOUT ME BOUT WHAT IS RIGHT IS NOT WHAT IS EASY AND WHAT IS EASY IS NOT ALWAYS RIGHT AND I IMPLORE YOU TO DO WHAT IS RIGHT, NOT WHAT IS EASY. IF IF WE WANT TO PROHIBIT ABORTIONS IN MIDLOTHIAN, FINE. LET ME BE CLEAR. MIDLOTHIAN IS NOT THE PLACE FOR AN ABORTION CLINIC AND IT NEVER HAS BEEN AND I AM COMPLETELY IN AGREEMENTS TO THAT. MIDLOTHIAN IS NOT THE PLACE FOR AN ABORTION CLINIC. HOWEVER, THERE ARE MORE EFFECTIVE MEANS OF DOING THAT IN THIS FLAWED PIECE OF LEGISLATION. CITY COUNCIL JOB IS NOT TO LEGISLATE. WE HAVE 180 PEOPLE IN AUSTIN THAT ARE READY HAVE THAT JOB. LEAVE IT TO THEM, PLEASE. WHY THE INTENTION OF MANY OF YOU MAY BE PURE, I WANT TO TOUCH ON THE MORE INTENDED WISHES. NUMBER ONE, HOW MANY OF YOUR INSURANCE COVER ABORTION CARE? WILL ANY OF YOU BE GUILTY OF PROVIDING INSURANCE? HOW MANY HAVE YOU HAVE SMALL BUSINESSES? HOW MANY OF YOU WILL BE FELONS BECAUSE OF THAT? NUMBER TWO. WILL IT BE SUBJECT TO REGULAR BANK STATEMENT REQUESTS OR DESTINATION CHECKS TO MAKE SURE THAT I'M NOT CONTRIBUTE INTO OR TRANSPORTING A PERSON SEEKING AN ABORTION? HOW WILL THIS BE ENFORCED? WILL THIS BECOME MIDLOTHIAN'S NEXT RED SCARE . NEIGHBORS TELLING ON NEIGHBORS? POLITICAL ENEMIES SEMITIC FALSE TESTIMONY. NUMBER THREE, HOW MANY WOMEN WILL BE AFFECTED BY THE LACK OF MEDICAL OPTIONS WHEN THIS PASSES AND MY COUSIN IS A MEDICAL PROVIDER IN WEST TEXAS AND HAS EXPERIENCED THIS. HER WORDS, AFTER FUNNY THAT SHE SUFFERED IN INTRAUTERINE FETAL DEMISE, THE YOUNG, HEALTHY, ACTIVE PREGNANCY SEEKING MOTHER WAS TOLD TO HEAD HOME AND WAIT FOR BLEEDING AND PAIN. SHE THEN SUFFERED BLEEDING AND ONLY PAIN AND MORE PAIN AND MORE WRITING AND AFTER APPROXIMATELY THREE DAYS SHE KNEW SOMETHING WASN'T RIGHT. WHEN SHE CAME INTO MY OFFICE THERE WERE NO FETAL HEART SOUNDS. SHE WAS HAVING TOO MUCH PAIN FOR A REGULAR MISCARRIAGE. I SENT HER TO THE CLOSEST E.R. IN PUBLIC WITH OB CARE WHERE THERE WAS NOTHING THEY COULD DO BECAUSE OF THE TEXAS RIGHT THEN SUDDENLY SHE WAS TOLD THAT SHE WOULD HAVE TO GO HOME. IN TEARS AND PAIN AND FEAR AND FEVER AND STILL NO MISCARRIAGE AND SHE NEEDED A D&C, YET THE PROVIDERS COULDN'T LEGALLY PROVIDE HER WITH ONE. HER LIFE WASN'T AT RISK ENOUGH, SO SHE TRAVELED OUT OF STATE TO AN E.R. AND WITHIN AN HOUR, WAS AND AND OR HAVING A LIFE-SAVING ABORTION AND SADLY SHE IS NOW A HIGH-RISK OB CANDIDATE. IN CONCLUSION FOR BEING SUCH A CONSERVATIVE CITY, WE SHARE OUR ACTIVE MEN IN BLUE BECAUSE IN MY EYES, THIS IS GOVERNMENT OVERREACH, WHICH IS COUNTERED TO THE CONSERVATIVE BEDROCK OF LIMITED GOVERNMENT AND IF YOU ARE SITTING THERE THINKING TO YOURSELF, THIS IS HOT GARBAGE, PICTURES OF, SHOULD I BE DOING WHAT IS RIGHT OR SHOULD I DO WHAT APPEARS IS RIGHT? BE SMART AND ACCOMPLISHED THIS WITH A PROCLAMATION AND SUB WITHOUT MAKING CRIMINALS OUT OF THE MAJORITY OF YOUR POPULATION. THE LAST TIME THIS CAME THROUGH, THE MAYOR SAID SOMETHING TO THIS EFFECT, IT SAVES NO LIVES IN HIS RIGHT.

>> THANK YOU FOR YOUR COMMENTS.

>> IF YOU WILL STATE YOUR NAME FOR THE RECORD.

>> MR. MAYOR AND CITY COUNCIL, MY NAME IS CECIL AND I LIVE AT 221 DWIGHT WAY IN MIDLOTHIAN AND MY WIFE AND I HAVE BEEN

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>> THANK YOU FOR YOUR COMMENTS.

>> IF YOU WILL COME UP ET CETERA AND FOR THE RECORD.

>> THANK YOU, MR. MAYOR AND CITY COUNCIL. MY NAME IS DAMIEN MCLENDON I LIVE IN THE CITY AND I'M RUNNING FOR CITY COUNCIL IN MAY. I'M RUNNING FOR THE POSITION OF CITY COUNCIL AND ASK MYSELF, WHAT IS THE MISSION OF CITY COUNCILS AND THIS IS WHAT I FOUND. BASED ON RECOGNITION AND STEWARDSHIP , THE PRIMARY CONCERNS, MEMBERS WILL WORK FOR THE COMMON GOOD OF THE PEOPLE OF MIDLOTHIAN ENOUGH FOR ANY PRIVATE OR PERSONAL INTEREST AND THEY WILL ENSURE FAIR AND EQUAL TREATMENT WHILE PERSONS CLAIMS TRANSACTIONS COME IN BEFORE THE MIDLOTHIAN CITY COUNCIL . WHAT I'VE NOTICED BY REVIEWING OTHER CITY COUNCIL MISSION STATEMENTS WERE THEIR MISSIONS WERE TO PERFORM THE DUTY OF POLICYMAKING FOR THE NEEDS OF LOCAL RESIDENTS AND PROGRAMS TO MEET THE CHANGING REQUIREMENTS OF A GROWING CITY AND THE EFFECTIVENESS OF USABLE SERVICES. ARE WE ABOUT TO GET INTO BIG GOVERNMENT OF MIDLOTHIAN? LET ME MAKE THIS CLEAR. I DO NOT BELIEVE IN ABORTIONS, BUT I AM NOT FOR TELLING A WOMAN WHAT TO DO WITH HER BODY. IF WE ARE GOING TO MAKE AN ORDINANCE FOR THIS ISSUE, THAT I NEED TO SEE AN ORDINANCE FOR THE WOMB TO THE TOMB. THAT MEANS THAT MIDLOTHIAN COUNSEL, YOU WILL HAVE PROGRAMS THAT WILL SUPPORT THE MOTHER MENTALLY AFTER GIVING BIRTH AND ENSURE THAT DIAPERS, CLOTHING ARE MADE AFFORDABLE. HAVE AFFORDABLE HEALTHCARE FOR THE MOTHER AND CHILD. START AN ADOPTION AGENCY. MAKE IT FREE TO ADOPT CHILDREN. MAKE SURE THAT IF THAT MOTHER LOSES HER LIFE

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WRONG. >> THANK YOU FOR YOUR COMMENTS.

>> IF YOU STATE YOUR NAME FOR THE RECORD. YOU WILL HAVE THREE

MINUTES. >> GOOD EVENING. I AM A RESIDENT THE CITY LIMITS OF MIDLOTHIAN FOR 36 YEARS. THANK YOU FOR THE TIME ALLOWING COMMENTS REGARDING THE AGENDA ITEM 2024 -77. I RESPECTFULLY URGE THE COUNCIL TO VOTE NO ON THIS ORDINANCE. IT IS A NECESSARY ACTION DUE TO ALREADY BEING THE LAW. LESS THAN A YEAR AND HALF AGO, SEPTEMBER 22 AFTER COUNCIL EXPENDED A TREMENDOUS AMOUNT OF TIME AND EFFORT ON DECISION AND REVIEW OF THE SIMILAR ORDINANCE, IT WAS VOTED DOWN BY A MAJORITY OF THE COUNCIL AND AS IT APPEARS, THE CLOSER WE GET TO COUNCIL ELECTIONS, HERE WE GO AGAIN.

THIS ORDINANCE SEEMS TO BE USED AS POLITICAL FOR COCAINE A SEAT ON THE COUNCIL. I QUESTION THE TIMING RELATING TO THE UPCOMING COUNCIL ELECTIONS AND I ALSO QUESTION HOW THIS APPEARED ON COUNCIL AGENDA WITHOUT NOTICE TO THE RESIDENTS OF MIDLOTHIAN AND HAVING NO SENSITIVITY TO DO SO, ESPECIALLY KNOWING THE HUGE DIVISION OF THE ISSUE WITH WHICH MOST OF THIS COUNSEL WAS ABORTED 2022. THIS ISSUE IS ONE TO BE DECIDED ON THE BALLOT BUT VOTED FOR ALL BY ALL RESIDENTS OF MIDLOTHIAN AND I DECIDED BY SEVEN MEMBERS OF THE COUNCIL AND AS LEADERS I THINK YOU WOULDN'T WANT TO PUT IN PLACE A HIGH ORDINANCE BEING A FUTURE IMPACT OF RESIDENTS OF THE CITY AND THIS DECISION BEING NOT WITHIN THE SCOPE OF YOUR COUNSEL DUTIES. JUST BRIEFLY, I THINK IT IS IMPORTANT TO HEAR SOME OF THE ALARMING, THREATENING LANGUAGE USED IN ORDINANCE 2024 AND I PARAPHRASE. THE FINDING SECTION NUMBER 13, THE CITY FINDS IT NECESSARY TO EMPOWER PRIVATE CITIZENS TO ENFORCE THESE PROHIBITIONS PITTING NEIGHBOR AGAINST NEIGHBOR AND CITIZEN A GOOD CITIZEN. DECLARATION NUMBER SEVEN, THE CITY URGES ALL OF ITS CITIZENS TO REPORT THESE CRIMINAL ACTIVITIES. WHAT KIND OF ATMOSPHERE DO WE PROJECT AS A CITY? THESE ARE JUST TO NAME A FEW UNDER TIME CONSTRAINTS HERE. I ENCOURAGE ALL MIDLOTHIAN RESIDENTS TO REQUEST AN ORDINANCE . THIS ORDINANCE FROM YOUR CITY COUNCIL AND REVIEW THIS DOCUMENT. THIS DOCUMENT SHOULD BE MAILED TO EVERY MIDLOTHIAN RESIDENT . THE CRY HERE TONIGHT IS FOR THE UNBORN, BUT WHERE'S THE CRY FOR THE BORN CHILD , A NEED. MY HOPE IS THAT THE COUNCIL WILL PUT NEEDED NECESSARY DELIBERATION TOWARDS ANY AND ALL ACTION AS TO THIS ORDINANCE AND ITS DIVISION. AS WE GROW BY THE 10 POUNDS, THE COUNCIL HAS ITS HANDS FULL WITH THE DUTIES, CIVIC SERVICE IN THE COMMUNITY AND I URGED THE COUNCIL TO VOTE NO. THIS IS NOT THE PLACE FOR THIS ORDINANCE TO BE CONSIDERED AND MY HOPE IS THE DECLARATION TONIGHT WILL BE THE CITY IS OKAY FOR NOW. 1636 CITIES IN THE STATE OF TEXAS AND 47 UNBORN. SANCTUARY FOR UNBORN.

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>> THINK YOU FOR YOUR COMMENTS. I LIKE THAT EVERYBODY ADHERE TO THE THREE MINUTE RULE AND THAT GETS A FAIR SHOT TO EVERYBODY THAT IS IN THE CROWD. IF YOU STATE YOUR NAME FOR THE RECORD.

TO YOU TODAY IS A CONCERNED CITIZEN, AS A WOMAN AND AS A MOTHER TO TWO DAUGHTERS. AS A LABOR AND DELIVERY NURSE GOING OUT SEVEN YEARS I WORKED IN THE WOMEN'S HEALTH SERVICES FOR 20 YEARS AND GOING BACK TO MY TIME IN THE MILITARY. WORKING WITH WOMEN FROM CONCEPTION TO DELIVERY AND I HOLD A BACHELOR'S DEGREE IN MATERNAL CHILD HEALTH, ON TOP OF MY NURSING DEGREE AND I FEEL LIKE I'M MORE THAN QUALIFIED TO SPEAK ON THIS ISSUE AND I'M GOING TO GIVE YOU A FEW STATS BRIEFLY BEFORE I TALK SPECIFICALLY ABOUT THIS PROPOSAL. LIKE YOU TO TAKE A LOOK TO YOUR LEFT AND RIGHT AND A QUICK GLANCE AROUND THE ROOM. ONE OUT OF EVERY FIVE WOMEN WILL BE RIGHT SOMETIME IN THEIR LIFETIME AND THAT IS YOUR GRANDMOTHER, YOUR MOTHER, YOUR WIVES, YOUR SISTERS, YOUR DAUGHTERS AND YOUR GRANDDAUGHTERS. WITH THIS PROPOSAL, YOU ARE LIMITING THE ACCESS TO THOSE WOMEN FOR GETTING THE HEALTH CARE THAT THEY NEED, ON TOP OF REDUCING THE ABILITY TO GET EMERGENCY CONTRACEPTIVE. THIS PROPOSAL IS CONTRADICTORY, INACCURATE AND IT'S NOT IN LINE WITH EVIDENCE-BASED PRACTICE. IT IS INACCURATE BECAUSE ABORTION IS BY DEFINITION IS DETERMINATION OF A PREGNANCY BY EXPULSION OR REMOVAL OF FETAL AND EMBRYONIC TISSUE. THIS PROPOSAL AS DESTINATION TO THE PROCEDURE THAT IS NOT ACCURATE. MEDICINE DOES NOT ALLOW FOR FEELINGS TO CHANGE FACTS OR FOR YOUR BELIEFS TO INFLUENCE THOSE DEFINITIONS. DUE TO THIS, A SURGICAL PROCEDURE OF AN ABORTION IS CALLED A DILATION OR D&C. BY OUTLAWING THIS PROCEDURE, YOU ARE PUTTING THE LIVES OF FEMALES WITHIN THE CITY AT RISK. THE AND SEES HER DOWN FOR NUMEROUS REASONS OUTSIDE OF AN ABORTION.

HOWEVER, BILLING AND CODING DICTATES THAT ALL D&C PROCEDURES ARE CODED THE SAME WAY WITHOUT DISTINCTION. OUR OB PROVIDERS ARE AT RISK FOR PROSECUTION FOR SAVING A WOMAN'S LIFE. ON THAT NOTE, WHO DETERMINES WHEN A FEMALE'S LIFE IS IN DANGER? IS IT PHYSICAL? PHYSIOLOGICAL? MENTAL? WHEN THEY DETERMINE IS ACCEPTABLE, SLIGHTLY TOO LATE.

CONTRADICTORY IN THAT IT STATES THAT HUMAN LIFE BEGINS AT CONCEPTION AND IT LATER GOES ON TO SAY THAT EMERGENCY CONTRACEPTION WILL NOT BE AT RISK BUT THE FIGHT BEGINS AT CONCEPTION, HOW IS EMERGENCY CONTRACEPTION'S NOT THIS.

SPEAKING ON THAT, THIS PROPOSAL STATES THAT THE BOARD WILL BE OUTLAWED WITHIN THE CITY LIMITS AND YOU HAVE A HOSPITAL THAT HAS A LABOR AND DELIVERY UNIT AND THIS WOULD EFFECTIVELY SHUT DOWN THIS UNIT AND IN MY EXPERIENCE, MORE THAN 90% OF ALL INDUCTIONS USES MEDICATION THAT WAS LISTED. FOR EXAMPLE, THESE ARE MOTIVATIONS IN THE USE AFTER STOMACH ULCERS AND HOW WILL THIS BE ENFORCED? IN CLOSING, I ASK WHO GRANTS THE COUNCIL THE RIGHT TO PRACTICE MEDICINE WHEN EVEN I AS A HEALTHCARE PROVIDER AND NOT ALLOWED. THANK YOU.

>> I HAVE A QUESTION. CAN YOU REPEAT THE TWO MEDICATIONS?

>> IT IS ME SO POSTEL AND PITOCIN IS THE GENERIC NAME FOR

OXYTOCIN. >> THANK YOU.

>> I FORGOT TO TELL YOU, I DON'T LIVE WITHIN THE CITY LIMITS BUT MY CHILDREN ATTEND THE SCHOOLS IN MIDLOTHIAN.

>> THANK YOU FOR THAT. >> AMANDA BALKS. NOT PRESENT.

IF YOU COULD STATE YOUR NAME FOR THE RECORD.

>> MY NAME IS DAPHNE AND I AM A RESIDENT IN THE CITY LIMITS.

I'M HERE TODAY TO VOICE SOME OF MY MANY CONCERNS REGARDING AGENDA ITEM 0 77 SANCTUARY CITY . THE STATE OF TEXAS ALREADY HAS A VERY RESTRICTIVE ABORTION LAW IN PLACE, THEREFORE OUR ORDINANCE IS REDUNDANT, CONFUSING, DIVISIVE AND IN MY VIEW, SHOULD NOT BE A MATTER. IN ACTING THIS ORDINANCE COULD POSSIBLY CREATE ADDITIONAL LEGAL ENFORCEMENT FINANCIAL BURDENS FOR OUR CITY. DOES THE CITY COUNCIL STAND READY TO PUT THE TAXPAYERS OF MIDLOTHIAN ON TO SPEND TREMENDOUS AMOUNT OF MONEY ON LITIGATION? I'M NOT A LAWYER, BUT I DO KNOW THAT FEES IN THESE KINDS OF CASES, EVEN IF YOU PREVAIL CAN RUN INTO THE HUNDREDS OF THOUSANDS OF DOLLARS. AS A TAXPAYER, I WOULD SEE THIS AS A GROSS MISUSE OF TAXPAYER FUNDS. THIS ORDINANCE,

[00:45:03]

THIS ORDINANCE HAS NOT BEEN RELEASED TO THE COMMUNITY IN A WAY THAT ALLOWS MORE TIME FOR CITIZENS TO REVIEW IT, TO EDUCATE THEMSELVES ON THE IMPACT IT COULD HAVE ON THEIR LIVES IN COMMUNITY AND TO HAVE THE OPPORTUNITY TO LET THEIR VOICES BE HEARD. THE SAME ORDINANCE WAS BROUGHT BEFORE THE CITY COUNCIL LESS THAN A YEAR AND HALF AGO AND WAS VOTED DOWN. I THINK THAT WAS THE RIGHT DECISION FOR OUR CITY AND I URGE YOU TO DO THE SAME. THANK YOU .

>> THANK YOU. MY NAME IS GLENDA DENNISON MY HUSBAND AND I LIVE AT 3026 MEDICAL COURT AND WE HAVE LIVED IN THIS BEAUTIFUL TOWN FOR 40 YEARS AND RAISED HER FAMILY HERE. ON JANUARY 28, 2020, THE ELLIS COUNTY COMMISSIONERS PASSED A RESOLUTION DECLARING THE ELLIS COUNTY SANCTUARY FOR THE UNBORN AND URGING THE CITIZENS OF ELLIS COUNTY TO PROMOTE, DEFEND THE RIGHT TO LIFE THE INHERENT DIGNITY OF ALL HUMAN BEINGS, INCLUDING THE PRE-BORN FROM CONCEPTION TO FERTILIZATION THROUGH ALL STAGES OF DEVELOPMENT. A LARGE PERCENTAGE OF THE CITIZENS WERE VERY EXCITED UNTIL WE LEARNED THAT IT WOULD BE UP TO THE CITIES OF ELLIS COUNTY TO PASS A CITY ORDINANCE THAT WOULD HELP THEM TO MAKE A SANCTUARY CITY FOR THE UNBORN AND FOUR YEARS HAS PASSED AND MIDLOTHIAN IS THE ONLY CITY IN ELLIS COUNTY TO HAVE WRITTEN A WELL LAID ORDINANCE. TEXAS IS ONE OF 16 STATES THAT HAVE BANNED ABORTION FROM CONCEPTION TO AFTER SIX WEEKS, SO WITH ABORTION BANNED IN TEXAS, THERE IS NO ABORTIONS TAKING PLACE? RIGHT? 50% OF ALL ABORTIONS ARE MEDICAL ABORTIONS AND MEDICAL ABORTION IS A NONSURGICAL PROCEDURE THAT USES TWO MEDICATIONS STAND PREGNANCY WITHIN THE FIRST TRI-SEMESTER.

THESE MEDICATIONS CAN BE ORDERED ONLINE AND BE RECEIVED BY MAIL. I WOULD LIKE TO SHARE A PERSONAL EXPERIENCE WITH YOU.

FOUR MONTHS AGO OUR YOUNGEST DAUGHTER AND HER HUSBAND WERE OVERJOYED TO FIND THAT THEY WERE EXPECTING THEIR SECOND CHILD. ABOUT EIGHT WEEKS INTO THE PREGNANCY OUR DAUGHTER BEGAN TO SHOW SIGNS OF MISCARRIAGE AND DID TWO SONOGRAMS AND DID NOT DETECT A HEARTBEAT. THE PREGNANCY WAS NOT VIABLE. THE MISCARRIAGE WAS INCOMPLETE AND SHE NEEDED THE TWO ABORTION MEDICATIONS THAT WOULD CAUSE HER TO HAVE STRONG CONTRACTIONS AND PASS THE PREGNANCY. WHAT SHE AND OUR FAMILY EXPERIENCE FOR THE NEXT 24 HOURS WAS DRAMATIC AND HEARTBREAKING. OUR DAUGHTER HAD THE LOVE AND SUPPORT OF HER HUSBAND AND FAMILY. SHE IS GRIEVING FROM HER LOSS BUT HEALING AND MY HEART GOES OUT TO WOMEN WHO HAVE EXPERIENCED -- WHO ARE EXPERIENCING MEDICAL ABORTIONS, SELF-ADMINISTERED ON THEIR OWN WITHOUT MEDICAL ATTENTION AND WITHOUT LOVE AND SUPPORT. THEY FACED TERRIBLE PAIN AND THE HORROR OF THEIR CHOICE BECAUSE THEY ARE SEEING WHAT THEY PASS. THEY ARE SEEING THEIR BABIES AND THE EFFECT OF THIS, WHICH COULD LEAVE THEM IN A MENTAL CRISIS AND AS THE NATION OF ISRAEL WAS ABOUT TO ENTER THE PROMISED LAND, THE LORD SAID , TODAY I HAVE GIVEN YOU THE CHOICE BETWEEN LIFE AND DEATH BETWEEN BLESSINGS AND CURSES AND NOW I CALL HEAVEN AND EARTH TO WITNESS THE CHOICE THAT YOU MAKE AND THAT YOU WOULD CHOOSE LIFE SO THAT YOU AND YOUR CHILDREN MAY LIVE IN AS A MOTHER AND GRANDMOTHER, I ASKED THAT THE COUNCIL WOULD PASS THEY SHOULD

>> THANK YOU. >> I DO NOT MEAN TO BE RUDE BUT I NEED TO HOLD TIGHT TO THE THREE MINUTES. MR. DIXON.

[00:50:07]

>> MY NAME IS MARKLEY DIXON. I DO NOT LIVE WITHIN THE CITY LIMITS OF MIDLOTHIAN. I'M FOUNDERED THE SANCTUARY CITY OF THE UNBORN INITIATIVE AND THE ONLY PRIVATE ASSISTANT BE ORDINANCE THAT YOU HAVE BEFORE YOU IS NOT LIKE MOST OF THE ORDINANCES THAT HAVE BEEN PASSED. IT IS SIMILAR, BUT IF YOU LOOK AT THIS ORDINANCE, IT HAS A WHOLE LOT MORE PROVISIONS. WHEN YOU GUYS FIRST RECEIVED IN ORDINANCE FOR CONSIDERATION, 43 CITIES THROUGHOUT TEXAS HAD PASSED AN ORDINANCE. NOW WE HAVE 50 CITIES AND FIVE COUNTIES HERE IN TEXAS. THROUGHOUT THE UNITED STATES, WE HAVE 67 CITIES AND SEVEN COUNTIES THROUGHOUT THE SEVEN STATES. THOUGH THIS ORDINANCE IS VERY DIFFERENT SOME OF THE ORDINANCE LIKE ODESSA, IT'S STILL A GOOD ORDINANCE AND IT WILL STILL BE MOVING THINGS FORWARD AND ADDRESSING THE ABORTION ISSUE.

I HEARD A WHOLE LOT OF THINGS HERE JUST IN THE SHORT AMOUNT OF TIME THAT I WOULD LOVE TO RESPOND TO. IF YOU HAVE ANY QUESTIONS, I WOULD BE GLAD TO ENTER AFTERWARDS BUT THERE IS A LOT OF MISINFORMATION THAT ISN'T MENTIONED SO FAR. TEXAS IS NOT A SANCTUARY CITY FOR THE UNBORN AND ALL OF THESE ORDINANCES DO NOT CHANGE WHAT HOSPITALS ALREADY HAVE TO COMPLY WITH WITH CURRENT STATE LAWS. WE HAVE SENATE BILL EIGHT AND HB 1280, WHICH COVER A LOT OF GROUND. AS FAR AS THE INSURANCE ISSUE GOES, SINCE 2017, TEXAS HAS PROHIBITED INSURANCE TO BE USED FOR ABORTION PURPOSES, SO THAT IS COMPLETE MISINFORMATION AS WELL. THIS IS IN EFFECT INSURANCE. AS FAR AS NEIGHBOR AGAINST NEIGHBOR GOES, EVERY SINGLE ORDINANCE THAT YOU WILL HAVE ON YOUR BOOKS IS NEIGHBOR AGAINST NEIGHBOR. WHAT HAPPENS WHEN YOU SEE A CRIME BEING COMMITTED AT YOUR NEIGHBOR'S HOUSE? YOU CALL THE POLICE AND REPORT ANOTHER CITIZEN THAT IS DOING SOMETHING. CORRECT? THERE ARE SO MANY THINGS AND SO MANY OPPORTUNITIES THAT WE HAVE TO STAND FOR LIFE AND THIS IS WHEN OF THEM AND THE PASSAGE OF THIS ORDINANCE IS NOT THE STRONGEST ORDINANCE IN THE STATE OF TEXAS. IT WILL ACTUALLY BE AMONG WHAT OF THE LESS RESTRICTIVE ORDINANCES THAT HAVE BEEN PASSED IN OUR STATE, BUT IT STILL DOES SOMETHING TO PROTECT INNOCENT LIFE. IT EXTENDS THAT PRIVATE ENFORCEMENT THAT IS FOUND IN THE ACT, WHICH EXTEND THAT TO THE POINT OF CONCEPTION.

>> THANK YOU FOR YOUR TIME. >> MR. CHARLES. DO YOU WANT TO

INTRODUCE YOURSELF? >> MY NAME IS DUANE CHARLES. I DO NOT LIVE IN THE CITY LIMITS. I LIVE IN ELLIS COUNTY SINCE I WAS IN HIGH SCHOOL. THIS IS MORE THAN A CITY ISSUE, SO THAT IS WHY I DECIDED TO COME . I GREW UP IN CHURCH OR AT OAKCREST BAPTIST CHURCH AND I'VE HEARD A LOT OF EXCUSES TONIGHT TO DEFEND ABORTION. NONE THAT I SUFFICE IS GOOD. I HEARD A PASTOR, A BAPTIST PASTOR GIVE A VERY POOR DEFENSE. I HEARD A PERSON RUNNING FOR ONE OF THE SEATS AND I CAN'T DECIDE IF IT IS GOOD OR BAD. MAYBE YOU WILL VOTE FOR ME AND I HEARD A DAY AND THAT WHEN HITS. YOU RECEIVED MY LETTER. I AM A PRODUCT OF A . PEOPLE BEGGED MY MOTHER TO ABORT ME AND KILL ME AND I DID NOT HAVE A SILVER SPOON AND I DID NOT HAVE THE PRIVILEGE AND I GREW UP IN DRUG LABS AND PHYSICAL ABUSE. I GREW APART AND I GREW UP MEAN. I WAS TOLD THAT I WOULD BE DUMB AND I WOULD HAVE NOTHING AND I WAS TOLD THAT I WOULD NEVER AMOUNT TO ANYTHING. NOTHING. THOSE ARE BAD FORTUNE TELLERS IS ALL THEY ARE. THOSE WHO SAY THAT A CHILD BORN IN MISFORTUNE OR BAD AND THEY SHOULD BE ABORTED, BAD

[00:55:04]

>> YOU CAN KEEP YOUR COMMENTS DIRECTED AT ME.

>> I APOLOGIZE. I NOW AM OVER A MEN'S MINISTRY AND I AM 43-YEAR-OLD AND I RAISE THREE ADULT CHILDREN AND I HAVE A GREAT MARRIAGE AND I PROVIDE AND I WORK HARD AND I CONTRIBUTE TO SOCIETY IN A POSITIVE MANNER. HOW DARE ANYONE SAY THAT SOMEONE LIKE ME GETS TO BE AND BECAUSE THEY DECIDE THAT, THEY GET TO RIP ME LIMB FROM LIMB OUT OF MY MOTHER'S WOMB. THE BIBLE SAYS IN PSALMS 139 THAT GOD NITS US IN THE WOMB TO WHIP A CHILD OUT OF A ONE SAYS THAT GOD DOES NOT GET TO BE GOD BUT YOU DO AND HOW DARE YOU PLAY GOD. THAT'S

IT. >> THANK YOU FOR YOUR COMMENTS, SIR. MR. RUSS, COME UP AND STATE WHETHER YOU LIVE IN THE CITY LIMITS, YOUR NAME AND YOU HAVE THREE MINUTES.

>> I AM IN THE CITY LIMITS. LET ME BE THE SECOND ONE TO TALK TO THOSE WHO CANNOT SPEAK. TO THOSE WHO DON'T HAVE A VOICE. I AM CATHOLIC AND DURING THIS TIME AND NOT CATHOLIC DURING THE 1600S AND I DO NOT BELIEVE IN ABORTION AND I COME TO YOU AND MOST OF YOU KNOW ME AND I WILL TELL YOU THE TRUTH. I VOTED FOR PRETTY MUCH ALL OF YOU. THAT'S ANOTHER ISSUE. YOU WILL SEE ME OUT AND I WAS OUT THERE TODAY. YOU GUYS NEED TO WRITE A LONG THAT WAS DONE. THIS IS MIDLOTHIAN. THIS IS WHY I CAME HERE . WE HAVE BEEN LISTENING TO THIS GARBAGE FOR EIGHT YEARS NOW AND I'M TIRED OF IT. I'M SO TIRED OF IT. ALL OF THIS I'M HEARING, THIS GUY IS NOT GOING TO FALL.

THANK YOU FOR WHAT YOU ARE PRESENTING. THIS GUY IS NOT GOING TO FALL. JUST DO YOUR JOB THAT YOU HAVE ELECTED TO DO.

YOU ALL KNOW WHAT I AM SAYING. PLEASE. VOTE YES ON IT. THAT'S

ALL I HAVE TO SAY. >> THANK YOU FOR YOUR COMMENTS, SIR. PASTOR CRAIG, IF YOU WILL COME UP AND STATE YOUR NAME FOR THE RECORD AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS.

>> THANK YOU. I AM A RESIDENT WITHIN THE CITY LIMITS OF MIDLOTHIAN. THANK YOU, MR. MAYOR, COUNCIL . I AM RISING TO SPEAK IN FAVOR OF THIS ORDINANCE. I AM A PASTOR IN THIS COMMUNITY, AS WELL AS A CITIZEN. I AM, BY NO MEANS, A POLITICIAN BUT WHEN OF THE ARGUMENTS I HAVE HEARD IS THAT THIS IS A FORM OF GOVERNMENT OVERREACH . I AM A CONSERVATIVE, POLITICALLY AND I'M VERY CONCERNED ABOUT GOVERNMENT OVERREACH, BUT I THINK THAT IF WE CANNOT SPEAK TO THE MOST FUNDAMENTAL ISSUE OF WHAT IS LIFE AND WHEN IT BEGINS AND HOW WE PROTECT THAT LIFE AND PROTECT THE SANCTITY OF THAT LIFE FROM THE WOMB TO THE TOMB, THEN WHAT CAN WE SPEAK ON. AS WELL AFTER THE ARGUMENT THAT WE NEED TO FOCUS ON THE WELL-BEING OF THE CHILDREN AND THE MOTHER'S AFTERBIRTH AND NOT BE SO CONCERNED ABOUT ANYTHING PRIOR TO BIRTH AND I DON'T THINK IT HAS TO BE EITHER OR. I THINK IT CAN BE BOTH AND WE CAN ACCOMPLISH THESE GOOD THINGS TOGETHER AS WELL AS FILLING THE POTHOLES IN CARING FOR THE NEEDS OF OUR CITIZENS AND OUR PEOPLE. WE ARE A GROWING COMMUNITY. WE HAVE MANY WHO ARE COMING INTO THIS PLACE AND I KNOW THAT IT HAS BEEN SAID THAT IT IS A REDUNDANT EFFORT THAT ROE V WADE HAS BEEN OVERTURNED AND THE STATE HAS SPOKEN IN THE COUNTY HAS SPOKEN, BUT WHY DON'T WE TAKE THIS OPPORTUNITY TO SPEAK CLEARLY AND FIRMLY SO THAT WE CAN SAY THAT WE HAVE AN IDENTITY AS A COMMUNITY THAT TAKES SERIOUSLY, THE PROTECTION OF LIFE. IN ANY CULTURE WHERE GOD IS NOT ACKNOWLEDGED AS THE CREATOR OF HUMAN LIFE AND WHERE HUMANS ARE NOT UNDERSTOOD AS BEING CREATED IN THE IMAGE OF GOD, LIFE WILL ULTIMATELY BE

[01:00:06]

>> THANK YOU FOR YOUR COMMENTS, SIR.

>> IF YOU WILL STATE YOUR NAME FOR THE RECORD AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS.

>> MR. MAYOR, COUNCILMAN, COUNCILWOMAN, FELLOW CITIZENS.

I'VE BEEN A RESIDENT OF MIDLOTHIAN FOR 29 YEARS NOW . I ALSO VOLUNTEER AND I WOULD LIKE TO DISPEL SOME OF THE MYTHS THIS IS ABOUT THE UNBORN CHILD. WE ARE HERE TO PROTECT THE MOMS WHO COME TO US FOR HELP AND I WOULD LIKE TO READ A SHORT STATEMENT FROM THE WEBSITE. ALL OF OUR SERVICES ARE AT NO COST AND ARE CONFIDENTIAL. THE FIRST LOOK AT THE NONPROFIT CHRISTIAN ORGANIZATION DEDICATED TO SAVING LIVES AND PROTECTING FUTURES IN OUR SERVICES FOCUS ON PROVIDING POSITIVE LIGHT FOR WOMEN'S AND FAMILIES FACING UNBORN PREGNANCIES AND WE OFFER OUR CLIENTS EDUCATIONAL PROGRAMS AND COUNSELING AND SUPPORT AND SERVICES ARE CUSTOM TAILORED TO EACH CLIENT DEPENDING ON WHERE THEY ARE IN THEIR JOURNEYS. OUR GOAL FIRST LOOK IS TO EDUCATE CLIENT ON THEIR OPTIONS AND ARMED THEM WITH FACTS AND EMPOWER THEM TO MAKE HEALTHY DECISIONS FOR THEMSELVES AND THEIR CHILD. OUR SERVICES ARE COMPLETELY CONFIDENTIAL AND DELIVERED AT NO CHARGE. I WOULD LIKE TO ADD THAT WE DO NOT MAKE THE DECISION FOR ANY WOMAN THAT COMES TO US. THAT IS THEIR DECISION. WE OFFER THEM OPTIONS AND ALL THE HELP THAT WE CAN. I WOULD ALSO LIKE TO DISPEL OTHER MISCONCEPTIONS. IT IS INTENDED TO ESTOP THE ESTABLISHMENTS OF CLINICS THAT HAVE NO OTHER PURPOSE THAN TO PERFORM ELECTIVE ABORTIONS. IT'S NOT DESIGNED TO OVERRULE IN CARING FOR THEIR PATIENTS, ESPECIALLY WHEN IT COMES TO PROTECTING THEIR LIVES. IT IS NOT PROSECUTE DOCTORS AND PHARMACIES. IT DOES NOT OUTLAW TERMINATION OF UNVIABLE OR ANATOMIC PREGNANCIES. IT IS NOT TARGET WOMEN. A WOMAN SEEKING OR HAVING AN ABORTION IS EXCLUDED FOR MANY PROSECUTIONS UNDER THIS ORDINANCE AND WANTED THE THINGS. THE CITY COUNCIL AND ANY OTHER LOCAL GOVERNMENT IS A LEGISLATIVE BODY. YOUR PURPOSE IS TO PASS ORDINANCES, WHICH ARE LOSS. THANK YOU.

>> THINK YOU FOR YOUR COMMENTS, SIR.

>> IF YOU STATE YOUR NAME FOR THE RECORD AND WHETHER OR NOT

YOU LIVE IN THE CITY LIMITS. >> THANK YOU, MAYOR COFFMAN AND COUNCILMEMBERS. APPRECIATE YOU FOR LETTING ME SPEAK. I DID VOTE FOR MOST OF THE AND THE REASON YOU ARE HERE IS BECAUSE THE MAJORITY OF VOTERS VOTED YOU TO BE ON THIS COUNSEL. SO I WISH TO SPEAK FOR THE RESOLUTION, WHICH WILL CREATE A SANCTUARY OF HUMAN LIFE IN THE TOWN OF MIDLOTHIAN AND THEREBY IN OUR STATE AND IN OUR COUNTRY, SOMEHOW IN THIS NATION OF PROSPERITY AND PERSONAL FREEDOMS GREATER THAN ANY NATION IN HISTORY, THE PRACTICE OF DESTROYING HUMAN LIFE HAS BECOME NOT ONLY CONDONED AS AN ACHIEVEMENT OF FREEDOM. IN CONTRAST, THE FOUNDERS OF THIS NATION AND MANY HEROES SINCE THEN HAVE COMMITTED AND OFFERED THEIR LIVES TO MAINTAIN A FREE AND HONORABLE SOCIETY, WHICH UNTIL RECENTLY HAS ALWAYS PLACED ONE RIGHT ABOVE ALL OTHERS AND THE INDIVIDUALS RIGHT TO LIFE. THERE HAVE BEEN MANY OTHERS IN RECENT HISTORY HOSTED AND ON TO THE GREATER SOCIETY TO DEFEND THEIR RIGHT

[01:05:02]

I AM A CITIZEN OF MIDLOTHIAN AND I LIVE IN THE CITY LIMITS .

PUBLIC COMMENT PERIOD I WANT TO INVITE YOU TO COME BACK UP.

THE TIME FOR PUBLIC COMMENT HAS PASSED AND THIS WILL BE A DISCUSSION BETWEEN THE COUNSEL AT THIS POINT AND INTERACTING WITH MR. ALTMAN, WHO AS A REMINDER SERVE AS THE CHAIR OF THE SUBCOMMITTEE THAT WAS APPOINTED TO DISCUSS THIS ISSUE AND SO WITH THAT, OPEN THE FLOOR TO THE COUNSEL FOR

[EXECUTIVE SESSION (part 1 of 2)]

DISCUSSION. >> THE DISCUSSION IS GOING TO BE HAD BUT I WOULD LIKE TO GO TO EXECUTIVE SESSION FOR LEGAL QUESTIONS BUT I CAN WAIT UNTIL AFTER COUNCIL VOTES.

>> I THINK I'VE HAD A STANDARD THAT IS SELECTED LATER THAN EIGHT, COUNCILMEMBER HAS REQUESTED A EXECUTIVE SESSION TO DISCUSS LEGAL MATTERS, I'VE GRANTED THAT. BASED ON YOUR REQUEST, I'M GOING TO GO AHEAD AND EXCUSE US INTO EXECUTIVE SESSION PER SECTION 551.071 SUBSECTION 2. LEGAL CONSULTATION ON INDIA AGENDA ITEM LISTED HEREIN AND THAT IT

[2024-077 (Part 2 of 3)]

RECOMMENDATION. COUNSEL. >> I HAVE A LOT OF QUESTIONS.

I'M GOING TO PEPPER WITH QUESTIONS. I WILL ENJOY SOME OF THIS GETTING TO DRIVE THE ATTORNEYS. I'M GOING OUT SOME OF THE THINGS SAID TONIGHT THAT I WOULD LIKE TO OPENLY ADDRESS.

ONE, AND I WILL BOUNCE WITH JOE IF YOU WANT TO JUMPED IN WITH ME WHEN NEEDED BECAUSE IT PARAGRAPH HAS BEEN TAKEN OUT

ALREADY. >> SHE'S REFERRING TO THE ORDINANCE OF 2022 . THE PART THAT WAS REMOVED.

>> THAT WAS THE LATEST. I WANTED TO ADDRESS THAT SECTION.

>> THERE IS A NEW SECTION. >> RIGHT.

>> THE CIVIL LIABILITY UNDUE BURDEN DEFENSE GOT PULLED.

>> THE ONE PRESENTED TO THE PUBLIC IS NOT UPDATED?

>> IT IS. >> THE WINDOWS IN YOUR PACKET IS DIFFERENT FROM THE ONE IN 2022 BY THAT SECTION.

>> OKAY. CAN YOU ADDRESS THE AIDING AND ABETTING AND SOMEONE WITH THE CITY LIMITS GOING OUTSIDE THE CITY LIMITS?

>> THE AIDING AND ABETTING IS STRICTLY DESIGNED TO ADDRESS

[01:10:01]

>> IT HAS TO BE WITHIN MIDLOTHIAN.

>> THAT'S CORRECT. >> CORRECT.

>> THAT'S WHAT OF THE DISTINCTIONS OF THIS ORDINANCE.

WHERE YOU CAN DRIVE SOMEBODY OUT OF THE CITY.

>> CORRECT. >> CAN YOU ADDRESS, AGAIN, THE REASON FOR HAVING THIS EVEN IF THE STATE AND FEDERAL LEVEL ARE

DIFFERENT? >> YES, THE REASON FOR THAT IS IT PROVIDES TEETH TO US IN ORDER TO ENFORCE TO MAKE SURE THAT WE DON'T HAVE ABORTIONS. AS I POINTED OUT A MOMENT AGO WHEN I DID THE INITIAL A DRESS, THERE HAVE BEEN 10 STATES THAT I FOUND A RIGHT OF UNDER THEIR STATE CONSTITUTIONS AND CURRENTLY IS RECOGNIZES A RIGHT TO PRIVACY UNDER ARTICLE ONE, SECTION 19 OF THE CONSTITUTION, WHICH IS LIFE, LIBERTY AND PRIVILEGES. IT WOULD BE POSSIBLE THING ABORTION IS ILLEGAL TO SAY THERE IS A RIGHT OF PRIVACY IN THE STATE AND LEGISLATOR DOESN'T HAVE A RIGHT TO ADDRESS THAT. LIKELY WITH THE CURRENT COMPOSITION, NO, BUT IT IS A POSSIBILITY.

THE REASON IS BEING ASKED FOR IS TO MAKE SURE THAT FIVE OR 10 YEARS FROM NOW THE DOOR IS NOT OPEN FOR ABORTION PROVIDERS.

>> TO THAT POINT, STATE LAW RECEIVES ANY STATE ORDINANCE ANYWAY. THAT'S THE PART WE ARE GETTING BOGGED DOWN. IF YOU ARE GOING TO GO THE OTHER WAY THAT THEY CAN'T HAVE A LOT OF THE CONVEX A LOT, THERE WERE CITIES THAT WERE DISCUSSING AND I COULDN'T FIND THE ACTUAL ARTICLES BUT THEY WERE GOING TO PASS OFF THAT THEY WERE GOING TO BE SANCTUARIES TO ALLOW ABORTIONS. GIVE VERY CONCRETE LAW AND THAT WOULD PREEMPT THEM FROM BEING ABLE TO DO THAT. AS WE ALL KNOW, THERE CAN BE STATE LAWS AND CITY REGULATIONS THAT WORK IN SIMPATICO AND WORK TOGETHER IN THIS WORKS IN CONJUNCTION WITH STATE LAW AND I DON'T THINK THIS IS A PREEMPTING STATE LAW WHERE THERE IS A CONFLICT OF STATE LAW THAT WOULD TRIGGER.

>> MINE WAS MORE OF A CLARIFICATION. THE ARGUMENT HAS BEEN MADE THAT STATE LAW OVERTURNS AND WE WOULD STILL HAVE A SAFE HAVEN HERE. STATE LAW WILL SUPERSEDE.

>> IF THE STATE THEY SHOULD THE COURTS WERE TO RECOGNIZE A RIGHT OF PRIVACY, THEN THE QUESTION BECOMES, WITH THAT RIGHT BE A COMPELLING GOVERNMENT INTEREST TO REGULATE THAT RIGHT OF PRIVACY AND SO FAR AS PREVENTING ABORTION CLINICS FROM OPERATING IN MIDLOTHIAN . WHEN YOU READ THE CASE ALL OF THE RIGHT OF PRIVACY, THERE IS OBVIOUSLY POLYGRAPHS ARE USED ALL THE TIME WITH THE CASE IS SAYING, WE CAN'T JUST WILLY-NILLY USE POLYGRAPHS BUT THERE ARE TIMES WHEN THEY ARE USED. IS THERE A COMPELLING GOVERNMENT INTEREST WE'RE TALKING 5 TO 10 YEARS DOWN THE ROAD. AT LEAST WE WOULD HAVE AN ORDINANCE ON THE BOOKS WERE BECAUSE THEY WE'VE HAD THIS FOR 10 YEARS IN OUR RESIDENTS AND OUR REPRESENTATIVE LEADERS I BELIEVE WE SHOULD HAVE THIS SO EVEN AT THE STATE SAYING THAT WHEN THE LEGISLATURE CHANGED IT, WE CAN SAY WILL BE DON'T WANT CLINICS THEMSELVES IN OUR TOWN. THEY CAN GET THE ABORTIONS ELSEWHERE.

>> WITHOUT ALSO WILL BE ADDRESSED ON A SEPARATE CLAUSE? CLAUSE HAS BEEN WELL ADDRESSED TO CREATE AND CRAFT THE ABILITY FOR THE CITY TO TRY AND DO WHATEVER IS NECESSARY TO SEVER OUT THOSE PARTS THAT WOULD VIOLATE A NEW STATE LAW. WE ARE TALKING ABOUT HYPOTHETICAL. YES, THE SEVERABILITY CLAUSE

WOULD ADDRESS IT. >> OKAY. I WANT TO ADDRESS EMERGENCY CONTRACEPTIVES AND THE RATE CONVERSATION. THE NC VERSUS ABORTION, WE ARE NOT TALKING ABOUT DEAN SEES HERE.

>> NO, WELL, VERY CLEARLY THIS DOESN'T APPLY TO EMERGENCY MEDICAL PROCEDURES. WE WERE VERY CLEAR ON THAT. WE DID NOT WANT THIS TO INTERFERE WITH EMERGENCY MEDICAL PROCEDURES.

>> CAN YOU CLARIFY WHAT D LETTER IN C STAND FOR? WHAT

THAT IS? >> I'M NOT GOING TO BE ABLE

TO. >> I'M NOT GOING TO BE ABLE TO

GET INTO IT. >> WITH SOMEBODY HAS MISCARRIED, AND THAT EXAMPLE WAS BROUGHT UP EARLIER AND THEY KNOW THE BABY IS NO LONGER LIVING, A D LETTER IN C WOULD

NOT BE CONSIDERED ABORTION. >> THAT'S CORRECT.

>> THE MORNING AFTER PILLS, EMERGENCY CONTRACEPTIVES, PLAN

[01:15:03]

>> AS WE HAD THE DISCUSSION, IT PREVENTS CONCEPTION COMES OUT IT WOULD NOT BE CONSIDERED ABORTION.

>> OKAY. >> SORRY.

>> IT'S OKAY. >> WE ARE GOING TO HAVE BEEN

INTERESTING CONVERSATION . >> WE ALREADY ARE.

>> WHAT I GET LOST ON CONCEPTION. CONCEPTION IS SPERM MEETS EGG. HOWEVER, CONCEPTION CAN BE HOURS OR UP TO 67 DAYS.

IF CONCEPTION HAPPENS IN NINE HOURS AND I TAKE THE PILL IN 18 HOURS, IS THAT NOT TECHNICALLY AN ABORTION BECAUSE THERE WAS

CONCEPTION? >> THAT'S PHILOSOPHICAL.

>> YOU ARE GETTING PHILOSOPHICAL AND I'M NOT MEDICALLY PREPARED TO ADDRESS THAT AND I WOULD THINK THAT WE HAVE DONE THE BEST WE COULD WITH THIS IN ORDER TO CREATE ALL SITUATIONS AND THAT'S AN OUTLIER.

>> I KNOW YOU CAN ADDRESS EVERYTHING BUT WHEN I DO THINK IT SPECIFIC, THIS IS MY IT'S CHALLENGING AND GETS CONFUSING.

THAT SITUATION. IN OTHER WORDS, IT IS NOT PERMITTED UNDER THIS ORDINANCE AND IT CLEARLY STATED, INCLUDING THE ACTUAL TERMINOLOGY OF PLAN B IS INCLUDED IN THIS ORDINANCE.

>> IS CONTRADICTING OF ITSELF. I GET WHAT YOU'RE SAYING BUT

IT IS CONTRADICTING ITSELF. >> IT'S THE MORE STRINGENT FORMS OF THESE ORDINANCES DO NOT INCLUDE THOSE. LIKE THEY ARE SAYING THOSE CANNOT BE USED. IS THAT RIGHT? THIS IS A

LESSER VERSION OF THAT. >> YES, WE ATTEMPTED TO RELAX TO MAKE SURE THE MEDICAL EMERGENCIES AND MEDICAL ISSUES BE EXCLUDED FROM THAT FROM THIS DEFINITION.

>> OKAY. LAST POINT, AND THIS IS MAYBE WHAT OF YOU ANSWERING THIS. MANY COMMENTS WERE MADE ABOUT TAXPAYER DOLLARS FIGHTING LEGAL BATTLES. IT'S MY UNDERSTANDING THAT WITH OUR AGREEMENT WITH TEXAS. HELP ME OUT, CHRIS.

>> TEXAS RIGHT FOR LIFE INITIALLY IN 2022 MADE THE COMMENT THAT THEY WOULD COVER ANY SORT OF LEGAL ACTION THAT

WAS TAKEN AGAINST THE CITY. >> YES, MR. DIXON WHO WAS HERE TO ADDRESS THE COMMITTEE IN THIS ORGANIZATION AND THEY DO WORK ALONGSIDE TEXAS RIGHT TO LIFE BUT MR. DIXON IS THE LEAD OF THE ORGANIZATION AND JONATHAN MITCHELL WHO WAS ADDRESSING THE SUPREME COURT ON GUN RIGHTS CASE TOMORROW IN DC WOULD BE OUR DEFENSE COUNSELOR. THEY HAVE VERY GOOD COUNSEL LINED UP ALONG WITH ALL THE OTHERS.

>> THAT'S WHAT THEY STATED. IT IS COMMENTED ON THESE TYPES.

IT IS BEING CONSIDERED. >> ABSOLUTELY. THIS ORGANIZATION AND MR. DIXON HIMSELF HAVE THE KNOWLEDGE TO THE CITIES AND THERE'S 50 CITIES AT THIS POINT IN TEXAS THAT HAVE THESE ORDINANCES IN FIVE COUNTIES AT THIS POINT, SO YES, THEY WERE VERY COMMITTED TO THIS AND VERY DEDICATED TO

DEFENDING THIS ORDINANCE. >> BAXTER DIXON, DO YOU HAVE

ANYTHING TO ADD? >> WHEN THE TEXAS HEARTBEAT WAS PASSED HIM A THERE WAS SOME AMENDMENTS BEING MADE TO IT BEHIND THE SCENES AND JUST TO PRESENT TO THE LEGISLATURE AND WANTED THE THINGS I WAS TALKING ABOUT, JONATHAN MITCHELL IS THE ARCHITECT AND I SPECIFICALLY SAID TO HIM, JONATHAN, WE NEED SOMETHING THAT EXPLICITLY ALLOWS COUNTIES TO PASS ORDINANCES LIKE THIS. IT ALSO GETS EXTRA BACKUP FOR CITIES AS WELL AND SO HE SAID, WHY DON'T WE GO AHEAD AND WRITE SOMETHING RIGHT NOW. ME AND HIM WROTE PROVISIONS OF THE -- THAT'S IN THE TEXAS HEARTBEAT ACT, IT SUPPORTS CITIES AND COUNTIES PASSING THESE ORDINANCES AND IT IS IN STATE LAW THAT WE HAVE THAT KIND OF BACKUP BUT WHAT WAS INTERESTING IS, WHEN THE CITY OF LUBBOCK WAS SUED, ATTORNEY GENERAL PAXTON'S OFFICE AND JUDGE STONE WROTE TO JUDGE HENDRIX BECAUSE JUDGE HENDRIX ASKED AND HE SAID, WHITE AREN'T WE ALL ON STATE LAW WITH THIS. IS LUBBOCK PASSING THIS ORDINANCE? ARE THEY DEPENDENT JUST ON THIS STATEMENT AND THAT IS LETTER S, B 8 IN THE ATTORNEY GENERAL'S OFFICE SAID, EVEN WITHOUT THE

[01:20:03]

>> IF YOU DON'T MIND, WE ASKED QUESTIONS ABOUT THE PUBLIC SUIT IN OUR SESSION. CAN YOU COVER THE DETAILS OF THAT SUIT?

>> ABSOLUTELY. >> IT LASTED TWO WEEKS. THIS WAS UNDER ONE ROE V WADE WAS THE LAW OF THE LAND AND WHAT HAPPENED WAS PLANNED PARENTHOOD WAS OPERATING IN THE TO THE CITY OF LUBBOCK AND THEY SUED BEFORE THE ORDINANCE WENT INTO EFFECT JUNE 1ST OF 2021. THE JUDGE HENDRIX IN A 50 PAGE RULING SAID, PLANNED PARENTHOOD SUED THE WRONG PERSON. YOU CAN'T SUE THE CITY OF LUBBOCK BECAUSE THE CITY OF LUBBOCK IS NOT ENFORCING THE ORDINANCE AND THEN I KNOW YOU DIDN'T ASK THIS QUESTION BUT THE HEARTBEAT ACT GOES INTO EFFECT SEPTEMBER 1 AND YOU HAVE ALL OF THE ABORTION INDUSTRY TO SUIT, MYSELF AND COURT CLERKS AND JUDGES, ET CETERA AND THE SUPREME COURT OF THE UNITED STATES SET THE SAME SCENES. YOU SUED THE WRONG PERSON. THIS IS THE SAME WAY. IF A LAWSUIT WAS FILED AGAINST THE CITY OF MIDLOTHIAN OR ANY OF THE COUNCILMEMBERS THE ORDINANCE SAYS THAT YOU GUYS CAN BE SUED BECAUSE YOU AREN'T ENFORCING THE ORDINANCE. THE CITY OF MIDLOTHIAN IS ENFORCING THE ORDINANCE AND THE ONLY ONES ENFORCING THE ORDINANCE WOULD BE THE PRIVATE CITIZENS AGAINST ANYONE VIOLATING THAT ORDINANCE.

>> ONE THAT IS A CONTRADICTION TO SECTION F. YOU ARE PUTTING

IT ON THE ELECTED OFFICIALS. >> IT IS THE JOB OF ALL OF US TO REPORT THE CRIMES AND VIOLATIONS OF THE LAWS IN THE STATE OF TEXAS. IF YOU SEE SOMEONE -- IF SOMEBODY LIKE, FOR INSTANCE, THERE IS A GOD NAME BY CURTIS WAYNE BOYD IN

1968. >> I'M NOT DEBATING YOU ON THAT. YOU SAID IT'S NOT PUTTING IT ON ME, BUT I'M NOT TRYING TO HAVE THE DEBATE. I'M SAYING IS THAT WHAT YOU SAID WAS INCORRECT IN SECTION F IS READY WHY AM READING IT. THAT WOULD BE PAGE LETTER SETTING SECTION F.

>> IT WOULD GIVE A CIVIL CAUSE OF ACTION AGAINST THE OFFICIAL.

WE WERE GOING TO BE TRANSPARENT AND I'M ONLY BRINGING IT UP FOR TRANSPARENCY. I'M NOT TRYING TO DEBATE YOU. I'M ASKING, IF THAT IS WHAT YOU ARE SAYING IS TRUE, IS NOT SECTION F CONTRADICTING WHAT YOU ARE SAYING?

>> THE REQUIREMENT IS A REPORTING REQUIREMENT, NOT A CHARGING REQUIREMENT. IT WOULDN'T BE COURT VERSUS THE PARTY. IT WOULD BE STATE OF TEXAS. ABORTION IS CRIMINAL

UNDER TEXAS STATE LAW. >> THAT'S A DISTINCTION.

THERE IS NO PENALTY UNDER CHILD ABUSE BUT THERE IS CRIMINAL

[01:25:05]

>> WHAT IS HAPPENING HERE? THE LAWS OF THE STATE OF TEXAS, THE ONLY LAWS IN THE STATE OF TEXAS THAT HAVE THE PRIVATE ENFORCEMENT MECHANISM IS THE TEXAS HEARTBEAT ACT AND THAT IS THE POINT FROM THE HEARTBEAT ONWARD. WITH THIS ORDINANCE DOES IS EXTEND THAT TO THE POINT OF CONCEPTION FOR ABORTIONS AND AIDING AND ABETTING THE PORTIONS OF THE SECOND FORCES, OKAY, WELL ALL OF OUR MOSTLY SET OF TEXAS, ALL OF THE PRO-LIFE LOSS, THIS PRIVATE ENFORCEMENT MECHANISM IS APPLICABLE TOO. IT'S ACTUALLY A PUBLIC PARTY PLATFORM AND THEY PASS THE PUBLIC THAT SAYS THAT THEY SUPPORT THE PRESENT ENFORCEMENT FOUND IN THE HEARTBEAT ACT.

THIS IS A FULFILLMENT OF THAT REPUBLICAN PARTY PLATFORM,

WHICH PASSED WITH 93%. >> OKAY. I'M GOING TO GET COUNSELING OPPORTUNITY TO ASK QUESTIONS OF DAN. IF WE CAN GO DOWN THE LINE AND GET ALL OF YOUR QUESTIONS ASKED. WE WILL

HAVE DISCUSSION ON THAT. >> DAN, I APPRECIATE YOU PUTTING ALL OF THIS TOGETHER AND I THINK THAT YOU'VE DONE A WONDERFUL JOB MITIGATING WHAT'S IN THE ORDINANCE. I APPRECIATE YOUR WORK ON IT. I HAVE A FEW QUESTIONS. ONE, I THINK YOU WILL BE ABLE TO SPEAK TO THIS, BUT WHAT -- CURRENTLY, HOW DOES TEXAS STATE LAW DEFINED ABORTION? AT WHAT POINT IS ABORTION CONSIDERED ABORTION?

>> CURRENTLY TEXAS LAW, CORRECT ME IF I AM WRONG, IS THAT

CONCEPTION. >> AT CONCEPTION AND THERE'S

NO PARTICULAR TIMELINE ? >> NO, AT THIS POINT THERE IS NOT AN ABORTION IS CONSIDERED FROM CONCEPTION ON.

>> OKAY. >> SO HOW DO THEY DEFINE CONCEPTION? IS THAT A VAGUE TERM?

>> THE SPERM INTERCEPT IN THE EGG AND IMPREGNATING THE EGG.

>> OKAY. THANK YOU. I WANTED TO ASK, SPECIFICALLY, I KNOW THAT MOST EVERYONE IS I'VE BEEN A PART OF SINCE I'VE BEEN ON COUNSEL, WHICH HASN'T BEEN VERY LONG, SO FORGIVE MY IGNORANCE BUT I WANTED TO LET YOU KNOW SOME OF THESE ANSWERS.

WHEN WE PASS AN ORDINANCE, THE CITY ENFORCES THAT ORDINANCE, TYPICALLY, ON THE EVERYDAY ORDINANCES THAT WE TYPICALLY SEE AND PASS. IN THIS PARTICULAR CASE, IT SEEMS TO BE A LITTLE BIT DIFFERENT AND I WANT YOU TO CLARIFY BECAUSE I KNOW THAT YOU PUT THIS TOGETHER, SO YOU WILL BE THE FAMILIAR. WHO ARE THE PEOPLE OR THE PERSON OR THE ENTITY THAT WOULD BE ENFORCING A VIOLATION OF THE ORDINANCE?

>> IT WOULD BE CITIZENS THAT BRING THAT ACTION AND THE LAST TIME WE ACTUALLY ADDRESSES IN A LOT MORE DETAIL. ENFORCEMENT IS A GROWING? FOR CITIES TO ENFORCE A ORDINANCE. FOR EXAMPLE, IN REGARDS TO WANTED THE HOT ISSUES FOR PRIVATE ENFORCEMENT CAN BE EMPLOYMENT RIGHTS, EMPLOYMENT PRACTICES AND IT GIVES PEOPLE IN THE COMMUNITY THE RIGHT TO ENFORCE PEOPLE WHO ARE PAID FAIR WAGES AGAINST THEIR EMPLOYERS AND IT'S ALSO BE USED AS A TOOL TO CONTROL AIRBNB'S IN PRIVATE RENTALS OF PROPERTY SO THAT PRIVATE CITIZENS CAN'T SUE THEIR NEIGHBOR SAYING YOU ARE VIOLATING THE ORDINANCE BY READING OF THE AIRBNB. IT IS SOMETHING THAT HAS BEEN USED IN CONTEXT AND IT IS A RECOGNIZED WAY TO ENFORCE ORDINANCES.

>> OKAY. GOT YOU. SO IN THAT SITUATION, FUNCTIONALLY OR PRACTICALLY SPEAKING, JUST BECAUSE I'M NOT AN ATTORNEY AND YOU ARE. IF A PERSON WAS MADE AWARE OF, LET'S THEIR NEIGHBOR, THEY HEARD THAT THEIR NEIGHBOR GOT AN ABORTION IN THE CITY OF MIDLOTHIAN, SPECIFIC TO THIS ORDINANCE, WHAT WOULD BE

THEIR NEXT STEP? >> THEY WOULD HAVE TO TAKE IT UPON THEMSELVES TO HIRE AN ATTORNEY OR BE THE ATTORNEY THEMSELVES AND BRING THE ACTION AND THEY WOULD HAVE TO FILE A PETITION AND THEY WOULD HAVE AN OBLIGATION TO VERIFY THEIR FACTS AND TO MAKE SURE THEY HAVE A BASIS FOR THEIR CLAIM AND IF THEY DO, THE ACTION CAN BE DISMISSED UNDER RULE 91 A UNDER THE TEXAS RULES AND PROCEDURES AND IF THEY FILE A

[01:30:03]

OWN ACTION THEMSELVES. >> I KNOW THERE IS SOME LANGUAGE RELATED TO THE DA'S OFFICE. HOW WITH THE DA'S OFFICE, WHAT PART WITH A PLAN THAT PROCESS?

>> OKAY. THAT WOULD COME IN UNDER THE IDEA OF THE ACTION THAT IS FOR ABORTIONS. YOU HAVE TWO CHOICES. YOU CAN REPORT A CRIME. SOMEBODY STOLE SOMETHING FROM YOU, YOU HAVE A CIVIL ACTION FOR YOU REPORT THE CRIME TO THE POLICE AND THEY WILL INVESTIGATE AND INITIATE THE CRIMINAL PROCESS WHICH IS THE STATE OF TEXAS VERSUS THE REVIEWING OF THE OFFICIAL AND YOU CAN TO THE INDIVIDUAL WHO STOLE IT FROM YOU AND GO TO THE JUSTICE OF PEACE OR DISTRICT COURT AND YOU CAN TO THEM AND GET THE MONEY FOR THE VALUE OF IT OR GET THE OBJECT BACK THAT WAS STOLEN AND IT'S ALWAYS IN OUR SYSTEM. I CRIMINAL REMEDY AND CIVIL REMEDY AND WHEN YOU TALK TO THE DA, THEY ARE HIRING THE ATTORNEY TO PURSUE THIS. HAS WE TALKED ABOUT, THIS PRIVATE RIGHT OF ACTION. SOLVE PROBLEMS IN THE COMMUNITY.

>> IN THAT PROCESS ONCE THAT IS INITIATED, SO IT WOULD BE UP TO A COURT TO IDENTIFY AND DECIDE. I GUESS A JUDGE OR A JURY OR WHEN OF THE OTHER, I GUESS, DEPENDING ON THIS.

>> YES, IT WOULD BE THE JUDGE DECIDING IF THE LAW WOULD APPLY IN THE JURY WOULD DECIDE IF THERE IS FACTS TO THIS CASE AND

WHAT FACTS ACTUALLY OCCURRED. >> OKAY. THEN THE DA, WOULD THEY BE INVOLVED IN THAT INVESTIGATIVE PROCESS TYPICALLY OR WOULD IT BE ON THE INDIVIDUAL WHO TURNED IN THE

OTHER PERSON? >> IT'S NOT REAL CLEAR BECAUSE SAME AS MY EXAMPLE OF CIVIL CASE FOR CONVERSION VERSUS CRIMINAL CASE. IT MAY BE A CASE WHERE IF YOU DON'T REPORT IT TO A POLICE OFFICER, IT'S A CIVIL ACTION AND THERE ARE A LOT OF THINGS THAT ARE CIVIL ACTIONS AND WE DON'T LET THE POLICE GET INVOLVED. IT MAY BE A DISTRICT ATTORNEY GETTING INVOLVED OR THEY MAY CHOOSE NOT TO GET INVOLVED.

>> IT WOULD BE MORE AT THEIR DISCRETION MAKING THE CLAIM FOR

ACCUSATION. >> ABSOLUTELY. THERE'S DIFFERENT LEVELS OF DISCRETION.

>> IN THE EVENT THE COURT FINDS THAT THEY WERE IN VIOLATION OF THE ORDINANCE, WHAT IS THE ORDINANCE PROVIDING?

>> WELL, THAT IS ESSENTIALLY, THERE COULD BE A JUNCTION.

THERE IS -- I MEAN, WE REALLY REMOVE THE PENALTY PART OF IT BUT WE ARE LOOKING FOR A CIVIL PENALTY. YES. THAT IS REALLY IT. THERE IS NOT A LOT IN TERMS OF TEETH ON THAT. THEY COULD BRING THE ACTION AND THAT'S PROBABLY A DECLARATION.

WERE IN VIOLATION OF AN ORDINANCE?

>> AND THEN ATTORNEY FEES WOULD BE AWARDED. THEY ARE A PERSON WHO ARE SUED AND YOU CAN'T GET THOSE. YES. TRY TO THINK. WELL, YOU HAVE INJUNCTIVE RELIEF AND YOU HAVE NOMINAL FOR THE TORY DAMAGE IF THE PLAINTIFF SUFFERED INJURY OR HARM. AND THEN STATUTORY DAMAGES OF NOT LESS THAN 10,000 FOR EACH VIOLATION. THERE IS A SECTION.

>> MAN. >> I WANTED TO CLARIFY YOUR QUESTION. WITH THAT NOT ALSO -- IN THE EVENT THAT CRIMINAL UNDER STATE LAW, CRIMINAL BEHAVIOR IS NOTATED BY THE DA TO TRIGGER THE CRIMINAL INVESTIGATION AS WELL.

>> YES, THAT WOULD BE A SEPARATE PATH. OFTEN TIMES CHILD PROTECTIVE SERVICES ARE REMOVING CHILDREN FROM A HOME AND SO FOR TRACKING CRIMINAL IS PROSECUTING. YEAH.

>> IN A FUNCTIONAL OR PRACTICAL MANNER, BASICALLY THROUGH THE ORDINANCE, THE WAY THAT I'M UNDERSTANDING IT WHERE WE ARE PROVIDING AN OPPORTUNITY FOR SOMEONE IN THE COMMUNITY TO BRING THAT SUIT AGAINST SOMEONE ELSE IN THE COMMUNITY IN ORDER TO POTENTIALLY HAVE A POSITIVE OUTCOME THAT WOULD THEN TRIGGER SOME SORT OF CRIMINAL INVESTIGATIONAL BACKHAND?

>> NO, IT WOULD BE TEMPORARY TRACKS. IN OTHER WORDS -- THERE IS AN EXAMPLE. IN 68 AND 69, THERE WAS A DOCTOR IN ATHENS,

[01:35:05]

>> IN THAT CASE, IF THE DISTRICT ATTORNEY IS NOT WILLING TO PROSECUTE THE CASE, WOULD THERE BE ANY REMEDY TO ACTUALLY HAVING ANY KIND OF OUTCOME IN THAT CASE OTHER THAN THEY CAN JUST THEY STATED HAVE AN ABORTION IN THE DA STILL

WOULDN'T -- >> IS YOUR QUESTION IN A CIVIL CASE? WHO GETS THOSE DAMAGES? IS THAT WHAT YOU'RE ASKING?

>> YES, WHO GETS THOSE DAMAGES?

>> IT WOULD BE A CIVIL CASE. >> YEAH.

>> SO THE PERSON WHO TURNS IN THE OTHER PERSON CAN GET

$10,000 ? >> NOT FOR TURNING IN THE CRIMINAL ACTION. IT IS NOT ATTORNEYS ARE REPORTING. THERE IS NO REWARD OR BOUNTY FOR REPORTING CRIMINAL ACTS. THERE IS NOT A BOUNTY OR ANYTHING LIKE THAT. NO, IT'S A CIVIL ACTION THAT YOU HAVE TO BRING IN THE PERSON BRINGING THAT ACTION HAS TO HIRE -- WOULD HAVE TO HIRE EXPERTS.

>> IT'S ONLY REIMBURSEMENT OF COSTS RELATED TO THE CASE?

>> AT THE END OF THE DAY, THAT WOULD BE CLOSER TO, BY THE TIME YOU SPEND THE MONEY TO PROSECUTE WHEN OF THOSE ACTIONS, IT WOULD BE VERY EXPENSIVE AND SOMETHING THAT I THINK THE EXAMPLE OF THE DOCTORS IN ATHENS, TEXAS. WOULD BE A PRIME EXAMPLE. SOMEBODY WHO'S IN VIOLATION OF THE LAW.

I THINK YOU WERE GOING TO SEE MORE. YOU MAY SEE MORE OF THESE PRIVATE RIGHT ENFORCEMENT FOR ACTION AS TIME GOES ON.

>> OKAY. GOT IT. WHAT OTHER QUESTION I HAD WAS RELATED.

THERE WAS A COMMENT EARLIER SPECIFIC TO THE DAY SHE WAS RELATED TO THE ABORTION INDUCING DRUGS ON SECTION 1 .

THERE IS A DEFINITION THERE FOR IT ON SECTION 1 AND ABOUT THREE

DEFINITIONS DOWN. >> YES.

>> CAN YOU PROVIDE SOME CLARITY AROUND, IN PARTICULAR, TO HOSPITALS BECAUSE I KNOW WHAT OF THE BIG CONCERNS FROM SOME OF THE FOLKS THAT WORK AT THE LOCAL HOSPITAL HAS BEEN AROUND THEM BEING ABLE TO RETAIN SPECIFIC TRUCKS THAT MAY BE CONSIDERED ABORTION INDUCING DRUGS. I KNOW THERE ARE SOME THAT ARE CARVED OUT HERE BUT IS THERE ANY POSSIBILITY THAT THEY WOULD NO LONGER BE ABLE TO HAVE THOSE DRUGS ON HAND FOR MEDICAL

PURPOSES? >> THAT'S COMPLETELY FALSE.

OUR INTENT IS PEOPLE IN THE DRAFTING OF THIS IS NOT TO INCLUDE THE HOSPITALS PROVIDING MEDICAL SERVICE. WE MENTIONED THE SUCH AS. THIS MR. PARCELL , IN TERMS OF TREATING STOMACH ULCERS. IF THAT MEDICATION IS BEING USED FOR ANOTHER PURPOSE, THAT IS GREAT. THAT IS JUST AN EXAMPLE.

>> INCLUDING BEING USED IN AN EMERGENCY. THAT'S WHERE THAT EXCEPTION IS. THAT'S JUST THE DEFINITION. BEING USED IN AN EMERGENCY, WHICH MEANS HOUSING IT IN A HOSPITAL WOULD NOT

VIOLATE ANY SOURCES. >> I THINK MOST OF THE ISSUES HAS BEEN THERE IS NO DEFINITIONS.

>> AND ORDINANCE IS GOING TO BE CONSTRUED AGAINST THE GOVERNMENT IN ANY ARGUABLE IS GOING TO BE CONSTRUED VERY NARROWLY BECAUSE IT IS ESSENTIALLY A RESTRICTIVE ORDINANCE AND IT'S GOING TO BE NARROWLY CONSTRICTIVE FOREVER.

>> THAT'S CORRECT. WE WILL HAVE A JUDGE MAKE THAT DECISION. I THINK THAT DECISION WILL BE FAIR. THAT'S WHY WE

HAVE MULTIPLE PROCESSES. >> HAS THERE BEEN, ON THAT, JUST TO CLARIFY ON THE EMERGENCY DEFINITION. HAVE THERE BEEN, TO YOUR KNOWLEDGE ANY ORDINANCES OR STATE LAW THAT HAS ATTEMPTED MEDICAL EMERGENCIES?

[01:40:06]

>> YOU KNOW, I KNOW THERE HAS BEEN A LOT OF LEGISLATION.

EVERYTHING GOES THE FIRST TRIMESTER. EMERGENCY HAS BEEN DEFINED. I'M NOT READY TO HAVE THAT ARGUMENT BUT THERE IS PLENTY OF CASE ALL TO DEFINE WHAT THAT MEDICAL -- IN TEXAS, IT COMES INTO QUESTION OF THE FACT. IT WOULD BE, WHAT IS THE MEDICAL EXPERT SAY AND YOU WOULD HAVE A PHYSICIAN PRACTICING IN THE SITUATION THAT WAS IN A SITUATION AND I CAN ALMOST CERTAINLY ASSURE YOU THAT WHEN PHYSICIAN IS NOT GOING TO BE QUESTIONED BUT 10,000 ABORTIONS IN HIS CLINIC CLAIMING THEY ARE ALL EMERGENCIES, THAT MIGHT BE A LITTLE SUSPECT WHEN THEY ARE NOT COMING TO A HOSPITAL. THERE IS NO LIFE-SAVING EQUIPMENT. THAT'S PROBABLY THE SPECTRUM

OF WHAT YOU WOULD SEE. >> MY WIFE WAS A WOMEN'S EMERGENCY DEPARTMENT AND THAT SOUNDS GOOD ON PAPER BUT POSSIBLE POLICY HAS REFLECTED THAT. IT'S BASED ON POSITIONS.

YES, YOU MAY DEEM IN AN EMERGENCY BUT FIGURE OUT HOW TO GET THEM TO GO TO ANOTHER HOSPITAL. TO YOUR POINT THAT ALAN IS ASKING IS, TO OUR OWN HOSPITAL. HOW DO WE INSURE THEM THAT THEY CAN DO THEIR JOB WITHOUT FEAR OF REPERCUSSIONS? TO THE POINT . WE HAVE NOT TARGETED HOSPITALS. WE MADE IT VERY CLEAR THAT THAT'S NOT THE INTENT OF THIS AND THAT IS THE

DRAFTING OF THE. >> MY NEXT QUESTION WAS RELATED TO SECTION B NUMBER 6 C UNDERWEAR US AS INDIVIDUALS AND ORGANIZATIONS THAT KNOWINGLY PAY FOR ANOTHER PERSON'S ABORTION IN TEXAS, INCLUDING ABORTION ASSISTANCE ORGANIZATIONS I'M SORRY. IT'S PAGE 4.

>> OKAY. >> IS AT THE VERY TOP.

>> OKAY. >> WAS THE CONSIDERATION OR WOULD THERE BE A POTENTIAL TO FURTHER DEFINE THAT IN DEFINITIONS TO MAKE IT A LITTLE MORE CLEAR ON WHAT THAT IS

DEFINED AS? >> I THINK THIS IS THE DECLARATION PAGE. IT'S BASICALLY A RESOLUTION ENCOURAGING THE DISTRICT ATTORNEY TO INVESTIGATE AND PROSECUTE THOSE TYPES OF ACTIONS RELATED TO ABORTIONS.

BACK TO BACK OVER TO THE STATE LAW ACTIONS AND THAT WOULD BE ENCOURAGING THE STATE LAW. I DO NOT HAVE THIS ON HOW IT'S BEEN INTERPRETED AND FRANKLY BECAUSE OF HOW OLD THE OLD ABORTION LAW IS, I DON'T KNOW IF THERE ARE CASE LAWS.

>> OKAY. SINCE I SAY RESOLUTION PIECE OF IT, YOU DON'T SEE THAT AS A -- THAT IS THE REASON WHY THAT DEFINITION WOULD NEED TO BE MORE CLEAR? IS THAT ACCURATE?

>> ABSOLUTELY ACCURATE. THAT IS WHEN OF THE LEGISLATIVE INTENT PURPOSE AND IT'S ALL PART OF THE PROTECTIVE FORCE FOR THESE

TO BE ENACTED. >> OKAY. MY NEXT QUESTION IS ON SECTION 2 WHERE IT SAYS ABORTION PROHIBITED DOWN TO D THIS ON PAGE 5 OF 11. WERE IT SAYS IS UNLAWFUL FOR ANY PERSONS TO POSSESS OR DISTRIBUTE ABORTION USING DRUGS IN THE CITY OF MIDLOTHIAN. BACK TO THE HOSPITALS . IF THERE WAS SOME DRUG THAT WAS CONTROVERSIAL OR USED FOR MULTIPLE PURPOSES AND A PERSON DID TURN IN THAT SITUATION OR AN INDIVIDUAL IN THAT PROCESS, WOULD IT BE, BASED ON THE ORDINANCE, WITH THE HOSPITAL BE THE TARGET OF THAT OR WOULD IT BE THE SPECIFIC PERSON ADMINISTERING THE DRUGS?

>> YOU WERE SAYING IF IT WAS A DRUG BEING USED FOR DIFFERENT

PURPOSES? >> IF THEY ARE AT THE HOSPITAL AND THERE'S STROKES THAT THEY POSSESS AT THE

HOSPITAL . >> THERE IS NO PROSECUTION.

>> OKAY. >> THERE IS NO ACTION BECAUSE IT'S ON AN ABORTION USING DRUG IF IT IS POSSESSED OR DISTRIBUTED FOR A PURPOSE NOT USING TO PREGNANCY.

>> GOT IT. I THINK THAT'S IT FOR RIGHT NOW. I APPRECIATE IT.

>> MY QUESTION WILL BE BRIEF. JUST TO HELP ME CLARIFY THIS ORDINANCE IN THE BEST THAT WE CAN TELL THAT DOESN'T INFRINGE ON THE ABILITY OF OUR HOSPITAL TO CARRY OUT THE NORMAL

ACTIVITIES. >> THAT'S ABSOLUTELY CORRECT.

[01:45:03]

TELL ME THAT. >> TO CHANGE MY QUESTION. TO THE BEST OF OUR INTENT, THIS ORDINANCE HAS BEEN DRAFTED SO THAT IT WOULD NOT INFRINGE UPON HOSPITALS TO CARRY OUT A PRACTICE THAT WAS PREVIOUSLY CARRIED OUT?

>> ABSOLUTELY. FOR EXAMPLE, GOING TO, IF THE DOCTOR SAYS I HAVE THIS MEDICATION TO BE USED FOR STOMACH ULCERS OR WHATEVER THE PURPOSE WAS, IF IT WASN'T FOR ABORTIONS THEN YOU WOULD NOT BE CHARGED. THE PRIVATE CIVIL ACTION WOULD BE DISMISSED IMMEDIATELY. IT'S WILL 90 1A, WHICH COULD COME WITH PAYMENT

OF ATTORNEY FEES. >> THEREFORE, THE ACTIVITY OF THIS ORDINANCE COVERS IN OUR CITY LIMIT BOUNDARIES.

>> THAT'S ABSOLUTELY CORRECT.

>> THEREFORE AIDING AND ABETTING WOULD NOT INCLUDE ACTIVITIES CONDUCTED OUTSIDE OF OUR CITY LIMITS THAT ARE NOT REVIEWED FOR IN THIS ORDINANCE.

>> ABSOLUTELY CORRECT. >> SECONDLY OR THIRDLY, WE DON'T CURRENTLY HAVE AN ACTIVE ABORTION CLINIC IN THE CITY. SO THEREFORE THIS ORDINANCE FOCUSES ON ABORTION TO THE CITY, OF WHICH THERE IS NO ABORTION CLINIC. THEREFORE, IF YOU DECIDED SOMEHOW THAT ABORTION WITHIN AN AREA WHERE THERE IS NO ABORTION CLINIC, YOU WOULD THEN ALSO HAVE TO GO TO THE DA, PRODUCE A LARGE CASE, GATHER ROUNDS OF INFORMATION AND FIND A HEALTHY CASE TO SEE THE CASE CARRY OUT.

A VERY SUBSTANTIAL TASK TO PROSECUTE A PRIVATE ACTION.

>> THAT'S ALL MY QUESTIONS. THANK YOU.

>> CLERK? >> I WANT TO CLARIFY ON MY SECTION ABOUT POSITIONS. IT'S NOT NECESSARILY TO DO WITH THE DRUG. THAT'S WE WE'RE GOING TO GET INTO HYPOTHETICALS. MIKE MAKES A GOOD POINT. WE ARE GOING TO PASS AN ORDINANCE THAT FINDS YOU FOR HAVING AN ABORTION IN MIDLOTHIAN AND WE DON'T HAVE A CLINIC HERE, SO I GUESS MY QUESTION IS, IS THERE A FUN ASSOCIATED WITH THE ORDINANCE?

>> I FIND? >> YES, $10,000.

>> THE FINE WOULD BE -- I JUST WANT TO CLARIFY. IS IT A FINE? DOES IT GO TO THE PERSON OR GO TO THE CITY?

>> TO THE PERSON BRINGING THE CIVIL ACTION. IS STATUTORY DAMAGES IN THE AMOUNT OF 10,000 IMAGES. THAT'S ONLY IF THEY PREVAIL. HAVE TO BE SHOWING THAT AN ABORTION TOOK PLACE AND A SHOWING HAS TO BE MADE FOR THE ENTIRE TRIAL

PROCESS. >> I DON'T MEAN TO CUT YOU OFF. I'M TRYING TO CLARIFY. SO WAS THERE ANY CONSIDERATION TO PUT SOME KIND OF CITY ADMINISTERED FINE OR ANYTHING LIKE THAT? I'M TRYING TO UNDERSTAND THE PROCESS. WHICH I

KNOW YOU WERE A BIG PART OF. >> A LOT OF THIS AROSE UNDER THE PREVIOUS REGIME. THIS WAS A BALANCING OF ALL THE VARIOUS CAISSONS AND WHAT COULD BE DONE IN WICKED CITIES DO TO ENFORCE THE SAUCE AND UNDER THAT THE ANSWER IS NO. THIS WAS A WAY TO STOP ABORTIONS IN ROE VERSUS WADE. IT WAS ENFORCEABLE. IT WAS VERY WELL-CRAFTED BY MITCHELL AND OTHER ATTORNEYS AROUND THE STATE AND NATION. THAT IS REALLY THE ANSWER TO THE QUESTION. THIS IS A BALANCE. YOU DON'T WANT TO HAVE A CITY ADMINISTERED HER IN OUR DISCUSSION WHERE THE CITY DIDN'T WANT TO BE THE ONES TO TAKE OUT THE CHARGE OF ENFORCING THESE ACTIONS BECAUSE PEOPLE HAVE TO ADDRESS THE CONCERNS AND THERE WOULD BE A LOT OF TAX DOLLARS TO ESTABLISH THAT WHEN PARTICULAR ABORTION WAS IN AN EMERGENCY AND THERE

[01:50:03]

WILL BE A LOT OF TAX DOLLARS. >> YES.

>> I HAVE QUESTIONS FOR COUNSEL.

>> HOLD OFF ON THOSE. >> QUESTIONS OF DAN.

>> NO. >> NO.

>> QUESTIONS OF DAN? NO. >> I FOLLOW-UP QUESTIONS AND I

DO HAVE THOUGHTS. >> DO YOUR QUESTIONS AND THEN

LET'S OPEN IT UP FOR DIALOGUE. >> OKAY. NO WORRIES. THE THING I WANTED TO GET CLARITY ON OR AN OPINION ON THE THOUGHT PROCESS. SINCE WE ARE DEFINING ABORTION AS CONCEPTION, WHICH I AGREE WITH THAT DEFINITION. THE FACT THAT WE ARE CARVING OUT SOME OF THESE ADDITIONAL DRUGS THAT ARE UTILIZED POST CONCEPTION , IS THERE NOT SOME SORT OF -- IS THAT NOT LIKE AN OXYMORON BETWEEN THOSE TWO THINGS? WAS THERE A PURPOSE

BEHIND THAT? >> I THINK WE ARE TRYING TO BALANCE THE EQUITIES. THE LAW IS NEVER PERFECT AND A LOT OF TIMES BE HERE TODAY HAS BEEN FOCUSED ON THE MEDICAL EMERGENCIES AND THESE OUTLANDISH SITUATIONS, BUT WE ARE TRYING TO STOP AND WITH THE PEOPLE FIGHTING ROE V WADE HAS FOR 50 YEARS, STOP THE ELECTED ABORTIONS. THERE HAVE BEEN 63 MILLION AMERICANS THAT HAVE DIED IN THE LAST 50 YEARS THAT ARE NO LONGER WITH US AND THAT IS WHAT WE ARE HERE TO STOP AND THIS IS IN THE LAW, THE BEST WAY WE CAN COME UP WITH. SOME OF THESE BRILLIANT LEGAL MINDS THAT ARE OUT THERE WITH RIGHT ATTORNEYS AND SMARTER THAN ME BECAUSE, YOU KNOW, LET'S DO A ZONING ORDINANCE AND THAT'S NOT GOING

TO HOLD UP. THIS WILL HOLD UP. >> THE NEXT QUESTION, DOES THE SMEAR THE COUNTIES ORDINANCE THAT THEY HAVE PASSED?

>> THE COUNTY PASS A RESOLUTION. THEY ARE CONSIDERING AN ORDINANCE BUT I AM NOT FAMILIAR WITH THAT I HAVE NOT SPOKEN WITH THE COMMISSIONERS.

>> THE ORIGINAL COUNTY PAST , THAT WAS A RESOLUTION?

>> THAT'S CORRECT. >> WHAT'S THE DIFFERENCE

BETWEEN THOSE TWO? >> THE RESOLUTION IS MUCH LIKE THE DECLARATION PAGE. THERE IS NO PENALTIES INVOLVED. JUST MAKING A STATEMENT. THIS IS AN ORDINANCE. WE JUST WANT TO SAY, HEY, THIS IS HOW WE FEEL. IF YOU WANT TO CREATE THIS ENFORCEMENT MECHANISM, THAT IS WHAT YOU USE THE ORDINANCE FOR.

WITH THE COUNTY IN THE PROCESS OF PUTTING THIS TOGETHER AS TO WHY THEY DIDN'T DO AN ORDINANCE AND CHOSE TO DO A

RESOLUTION? >> INFORMALLY, IF I CONVERSATIONS WITH THE JUDGE AND OTHER COMMISSIONERS, I THINK THAT TO BACK WHAT OF THE POINTS IS STARTED IN THE ORIGINAL HOME RULE JURISDICTION CITIES ARE THEIR OWN CREATURE AND COUNTIES ARE A DIVISION OF THE STATE AND THERE IS DIFFERENT PRESSURES ON EACH AS TO HOW THEY ENACT LEGISLATION THAT MAY OR MAY NOT MATCH WITH THE STATE IS DOING.

I THINK THAT, YOU KNOW, THESE ORDINANCES ARE NOT, OBVIOUSLY, SOMETHING THAT IS DONE EVERY DAY. I JUST THINK THERE WAS AN APPETITE AND I DO THINK THE RESOLUTION PASSED. AS TIME WENT ON, THE GOAL WAS TO PASS AN ORDINANCE AND THEY ARE CURRENTLY CONSIDERING AN ORDINANCE.

>> GOT IT. >> CORRECT ME IF I'M WRONG, EVEN IF THEY PASS THE ORDINANCE, IT WOULD BE APPLICABLE FOR THE CITY LIMITS.

>> CORRECT. WE HAVE OUR OWN RULES.

>> THAT'S IT ON QUESTIONS FROM ME.

>> I HAVE MY LAST QUESTION. WHAT ABOUT THESE WEBSITES THAT YOU CAN ORDER THE ABORTION MEDICATION. IF MEDICAL DRUGS

ARE SENT TO YOUR HOUSE ? >> ABSOLUTELY. WE CAN INTERCEPT

FEDERAL MAIL. >> THAT'S WHAT I'M SAYING. IF THEY ARE RECEIVING FEDERAL MAIL WITH THE PILLS AND THE NEIGHBOR

[01:55:06]

>> THAT WOULD BE A CRIME. >> I'M NOT SAYING THAT. I'M SAYING IF THEY KNOW THEY ARE RECEIVING THEIR MEDICATION TO

THEIR HOUSE. >> YES, THEY HAVE TO PROVE THE CASE BUT I AGREE WITH BOTH THE CITY ATTORNEY AND THE COMMISSIONER. THAT WOULD BE THE FACT THAT THEY ARE IN POSSESSION AND THEY ARE INTENDING TO USE THOSE DRUGS FOR ABORTIONS WOULD BE WRONG. LIKE YOU ARE SEEING SOMEBODY SETS UP THEIR OWN ABORTION CLINIC IN TOWN HANDING OUT THE SPILLS AND THAT IS WHAT WE ARE TRYING TO STOP. WE DON'T WANT SOMEONE IN TOWN PEDDLING ABORTION PILLS THAT IS IN A PHARMACIST AND IN VIOLATION OF STATE LAW. ABSOLUTELY.

>> OKAY. >> QUESTIONS FOR DAN.

>> THANK YOU, DAN. >> COUNSEL, I WOULD ENCOURAGE US TO HAVE A HEALTHY DISCUSSION AND HEALTHY DIALOGUE AND LET'S NOT DRAG OUR FEET TOO MUCH. WE HAVE THIS IS TO DO THIS EVENING. WITH THAT, I WILL OPEN IT UP FOR DISCUSSION AND

ENTERTAIN A MOTION. >> THE FIRST QUESTION I HAVE AND I HAVE TO ASK BECAUSE I WAS ON THE COUNSELOR ORIGINALLY WHEN THIS CAME UP AND I KEEP GETTING LOST IN, IS WHAT IS THE PURPOSE? IS THE PURPOSE THAT WAS DESCRIBED TO ME THAT WAS ORIGINALLY WE DIDN'T WHEN A CLINIC HERE. ACTUALLY, LET ME BACK UP. THE ORIGINAL PURPOSE WAS, WE WENT EVERYONE TO KNOW THAT MIDLOTHIAN IS PRO-LIFE AND AT THAT POINT I SAID, OKAY, LET'S PASS A RESOLUTION . AND THEN IT WAS HIS ORDINANCE. THE ORDINANCE DOESN'T STOP THE CLINIC FROM COMING HERE. THE CLINIC CAN COME HERE TODAY EVEN IF THIS ORDINANCE PASSES. THAT DOES NOT STOP IT. IT CAN FIND THEM AND THEY CAN BE CHARGE CIVILLY AND EVERYTHING THAT WE TALKED ABOUT BUT A CLINIC CAN STILL COME HERE TOMORROW. GRANTED, I WILL BE OPEN AND HONEST, I DON'T THINK THEY WOULD OPEN A CLINIC HERE BUT IT IS SOMETHING THAT COULD HAPPEN, SO IF THE PURPOSE IS TO STOP A CLINIC AND I KNOW YOU WERE WORKING ON ZONING AND WE CAN ARGUE WHETHER OR NOT THAT WOULD HOLD UP IN COURT IF THEY WERE WILLING TO GO TO COURT TO DEFEND THIS. IF WE ARE TRULY TRYING TO STOP THE CLINIC, WHY WOULDN'T WE JUST SEWN THEM OUT AND BE DONE AND IF WE GO TO COURT, WE GO TO COURT. QUITE HONESTLY, I THINK THAT WOULD FALL UNDER THE COUNCILS PURVIEW ANYWAY. WHAT IS THE TRUE GOAL WE ARE TRYING TO GET HERE?

>> I WILL SPEAK TO THIS. I WAS THE DRIVING FORCE BEHIND IT.

I'M NOT THIS TIME. IT WAS FOR THE PURPOSE TO KEEP THE ABORTION CLINICS FROM OPERATING WITHIN OUR CITY LIMITS. I DO BELIEVE, PERSONALLY, THAT IF THIS IS INSTITUTED, IT WOULD BE A HUGE DETRIMENT FOR THE ABORTION CLINIC SET UP SHOP HERE KNOWING OUR CURRENT ORDINANCES. I CAN SPEAK TO THIS ITERATION AND THIS TIMING OF THIS ORDINANCE TODAY, BUT THAT'S THE HISTORY OF IT AND THAT WAS THE INTENT.

>> SO IN ADDITION TO THE PROHIBITION CLINIC, WHICH THEORETICALLY YOU COULD DO ZONING TO PREVENT OR TO SEQUESTER. THIS GIVES A MECHANISM OF ENFORCEMENT FOR NONCLINICAL, FOR BACKROOM ABORTION CLINICS FOR PEOPLE THAT ARE DISPENSING DRUGS ILLEGALLY. THIS GIVES A MECHANISM BY WHICH WE CAN PREVENT ABORTIONS FROM BEING

FACILITATED. >> ARE THEY BEING FACILITATED

NOW? >> RIGHT NOW, WE DON'T HAVE ANYTHING OR ANY MECHANISM FOR PEOPLE TO GO AND REPORT THEM.

>> IT STATE LAW. >> HERE'S MY BIG ISSUE WITH THIS WHOLE THING, AND I WILL BE HONEST. WHAT I WOULD REFER THE COUNSEL TO DO, IF WE WANT TO MAKE A STATEMENT, THEN LET'S MAKE A STATEMENT. LET'S PASS THE RESOLUTION AND WE CAN MOVE ON OR -- I'VE BEEN MAN-TO-MAN ABOUT THIS WITH YOU AND DAN AND I HAVE BEEN TRUE AND WHAT I ORIGINALLY TOLD YOU. I WANT TO

[02:00:02]

DOING. >> YOU KNOW, YOU HAVE SAID THAT YOU ARE CONCERNED WITH THE DEFENSIBILITY OF THIS ORDINANCE LEGALLY. THE ZONING OPTION WOULD BE FAR LESS DEFENSIBLE.

IT WOULD BE EASIER CHALLENGED. THIS PROVIDES A MECHANISM THAT IS CURRENTLY IN EFFECT WITH 15 OTHER CITIES IN THE STATE OF

TEXAS . >> IF WE ARE GOING TO SPEND

LEGAL FUNDS ONE WAY OR ANOTHER. >> WE ARE NOT. THAT'S THE

WHOLE POINT OF THIS. >> I KNOW IT'S ON TEXT MESSAGE. WE HAVE A WRITTEN CONTRACT.

>> YOU ASKED THE QUESTION NOW LET ME FINISH. THE DIFFERENCE BEING THAT IF WE PUT IN ZONING, WE WOULD BE EXPENDING TAXPAYER DOLLARS TO DEFEND THAT ORDINANCE.

>> GRANTED, OKAY. I AGREE WITH YOU THERE. WE GET SUED ALMOST MONTHLY. AT LEAST NOW -- WE HAVE A GREAT ATTORNEY. AT LEAST NOW WE ARE GETTING SUED FOR SOMETHING THAT I FEEL LIKE ACTUALLY FALLS UNDERNEATH OUR PURVIEW. I'M NOT ARGUING PRO-LIFE OR NOT. I DON'T THINK WE SHOULD BE HAVING THAT DEBATE. WE ARE ARGUING WITH THE LIMITATION OF MUNICIPAL GOVERNMENT. IT'S MY FIRM BELIEF THAT WE HAVE SURPASSED THAT NOW AND I DON'T DISAGREE WITH PEOPLE'S PRINCIPLES. YOU TOLD ME WANTED TO PUSH THIS THROUGH FOR YOUR PRINCIPLES AND I'M JUST SAYING THAT MY PRINCIPAL HAS AN ISSUE EXPANDING MUNICIPAL GOVERNMENTS REACH. HOWEVER, I DO BELIEVE THAT RESOLUTIONS IN ZONING FALL UNDER OUR UMBRELLA AND IF WE TAKE THOSE TWO OPTIONS, WE ARE OPERATING UNDER THE POWERS THAT WE HAVE AND STILL MAKING THE STATEMENT AND STILL ACHIEVING WHAT YOU WANT AND IN A WAY THAT I FEEL LIKE WE ARE NOT

OVERREACHING OUR POWER. >> OKAY. WE HAVE BEEN SITTING HERE THREE HOURS AND I APOLOGIZE FOR YOU HAVING TO LISTEN TO POLITICIANS TALK FOR THREE HOURS. UNDER ROBERTS RULE OF ORDER, I'M ASKING TO CALL THE QUESTION AND TAKE A VOTE

AND THE QUESTION. >> I WOULD APPRECIATE THE OPPORTUNITY FOR EVERYBODY TO EXPRESS THEIR THOUGHTS THROUGH THIS. I THINK THAT IS FAIR TO HAVE THE DIALOGUE.

>> FOR THREE HOURS IN THE SAME THINGS ARE BEING REPEATED OVER

AND OVER. >> ANY FINAL COMMENTS?

>> HAVE A QUESTION FOR CHRIS. DO YOU HAVE A NUMBER OF HOW MANY ABORTIONS WERE PERFORMED IN THE LAST YEAR THAT WE ARE

AWARE OF? >> I'M NOT AWARE OF ANY AND

NOBODY HAS REPORTED IT TO ME. >> DID WE LOOK INTO THOSE NUMBERS WHEN WE WERE LOOKING INTO THE ORDINANCE AT ALL?

>> DID YOU LOOK? >> THE CITY MANAGER IS NOT GOING TO KNOW THOSE NUMBERS. THAT'S ALL PART OF HIS JOB.

>> BOTH TIMES THIS WAS BROUGHT FORTH THROUGH THE COUNSEL.

STAFF DIDN'T BRING IT FORWARD AND WE WERE ASKED TO PRODUCE.

>> OKAY. I JUST THOUGHT THAT I WOULD ASK.

>> OKAY. YES, MY THOUGHTS HEARING EVERYTHING WE'VE HEARD TONIGHT AND READING THROUGH THIS ORDINANCE MANY TIMES OVER, YOU KNOW, I'M ABOUT AS PRO-LIFE AS I THINK A PERSON CAN BE. WHEN ROE V WADE WAS ATTACKED, YOU KNOW, I WAS IN THE MARCHES. I WAS IN 24 HOUR PRAYER SESSIONS IN CHURCHES AND A HAPPY LIFE TAPE ON OUTSIDE OF ABORTION CLINICS AND I'VE BEEN VERY ACTIVE IN DESIRING AND PRAYING FOR THE END OF ROE V WADE. WE'VE SEEN THAT NOW AND I BELIEVE IT IS A WIN FOR LIFE AND I BELIEVE THE STATE OF TEXAS HAS DONE A PHENOMENAL JOB IN BEING WITH THE MOST PROGRESSIVE STATES IN THE RIGHT TO LIFE AND PROTECTING THOSE RIGHTS FOR THE UNBORN, BUT TO

[02:05:04]

WE DO THAT WITH MANY THINGS HERE IN THE CITY. I DON'T THINK THIS IS -- I DON'T BELIEVE WE ARE GOING TO PREVENT AN ABORTION IN THE CITY BY PASSING THIS ORDINANCE AND FOR THOSE REASONS AND THE EFFORTS TO LIMIT GOVERNMENT, I DON'T BELIEVE THIS IS THE RIGHT THING FOR US.

>> OKAY. I WILL ENTERTAIN A MOTION.

>> I MAKE A MOTION TO SEND THIS BACK TO STAFF TO WORK ON

PASSING A RESOLUTION. >> SECOND.

>> I HAVE A MOTION TO DENY THIS ORDINANCE WITH THE CAVEAT TO

SEND IT BACK TO SUBCOMMITTEE? >> THEY CAN WORK ON A

RESOLUTION. >> SECONDED ERIC

>> SECONDED. >> STAFF IS GOING TO RENT THE

RESOLUTION. >> OKAY. I HAVE A MOTION IN A SECOND. COMMENTS ON THIS MOTION. PLEASE VOTE.

>> ALL IN FAVOR. MOTION FAILS. IS THERE A SECOND?

>> I MAKE A MOTION TO WORK WITH STAFF

>> YOU CANNOT MAKE A SECOND MOTION. YOU ARE IN THE DISSENT.

>> IS THERE A RULE? >> IT'S A SEPARATE MOTION.

>> ROBERTS RULES IS CLEAR THAT THE DISSENTING MEMBERS OF THE VOTE THAT DO NOT CARRY CANNOT MAKE AN AUXILIARY MOTION.

>> THIS IS SO GREAT, WE ARE NOT GOVERNED BY ROBERTS RULES OF

ORDER. >> I HEARD THE SECOND MOTION. I

WILL ENTERTAIN HIS MOTION. >> I WOULD LIKE TO WORK WITH DAN OFFERMAN AND COUNSEL TO WORK ON BRINGING THIS BACK AS A

ZONING CASE. >> IS NOT ON THE AGENDA.

>> OKAY. I WILL AMEND MY EMOTION

>> IS THAT A LITTLE MOTION? >> WE ARE DISCUSSING A RESOLUTION OR AN ORDINANCE WE DID IT LAST TIME.

>> ASKING FOR LEGAL ADVICE. >> YOU CAN'T MAKE A MOTION TO PUT SOMETHING ON THE BALLOT. WE ARE OUTSIDE THE ELECTION.

>> I HAVE A MOTION TO APPROVE THE ORDINANCE AS PRESENTED WITH THE FOLLOWING AMENDMENTS. SECTION 3C, WE WENT TO AT THE LANGUAGE TO RESTRICT IT WITHIN THE CITY LIMITS OF MIDLOTHIAN

AND STRIKING SECTION 3 OUT. >> SECOND.

>> WE HAVE A MOTION TO APPROVE WITH THOSE AMENDMENTS WITH 3 C AND 3F. DISCUSSION ON THIS MOTION ?

>> I WOULD LIKE TO MAKE A MOTION TO AMEND.

>> YOU GUYS FOR A FRIENDLY AMENDMENT.

>> CAN I ASKED FOR A FRIENDLY AMENDMENT?

>> AMENDMENT TO THE EMOTION. >> YOU CAN MAKE THE REQUEST AND EVALUATE THE REST OF THE MOTION.

>> I WOULD LIKE TO MAKE THE REQUEST TO STRIKE SECTION 1, SECTION 2 AND SECTION 3 RETAINING THE DECLARATIONS

>> SECTIONS 1, SECTIONS 2 INFECTIONS THREE.

[02:10:04]

>> THIS MAY RESULT IN LOSS OF REPRESENTATION BY MUTUAL

REPRESENTATION. >> RIGHT NOW JONATHAN MITCHELL SAID THAT THE ORDINANCE AS IS, UNDERSTANDING THE PRIOR CHANGE THAT ANY ADDITIONAL CHANGES, YOU HAVE TO BE EXTREMELY CAREFUL ON BECAUSE THAT COULD BE AN ISSUE OF REMOVAL OF HIS

REPRESENTATION. >> THERE WAS A SECOND I THINK WE SHOULD VOTE. I WANT TO BE CLEAR THAT MY AMENDMENTS WERE FOR THE PURPOSE OF CLARIFYING THAT THIS IS ONLY TO PERTAIN TO THE CITY LIMITS AND THAT IT JUST REMOVED A REDUNDANT SECTION, WHICH WAS SECTION 3F, WHICH ALREADY COVERED IN THE PREVIOUS PORTIONS OF THE ORDINANCE.

>> THIS IS NEW INFORMATION PRESENTED.

>> MAKE SURE WE ARE UNDERSTANDING ON PAGE 7 THAT WE ARE TALKING ABOUT. ANY OFFICIAL OF THE CITY OF MIDLOTHIAN BECOMES AWARE THAT AN INDIVIDUAL OR ORGANIZATION PERFORMING AIDING OR ABETTING ABORTIONS AND VIOLATIONS OF THE

STATUTE , THAT PROVISION? >> WHERE WOULD THAT BE?

>> THE REST OF THE ORDINANCE BECAUSE ANY PERSON WITHIN THE

CITY LIMITS. >> IT'S STILL A CIVIL CAUSE OF

ACTION. >> RIGHT.

>> WHAT WAS THE FIRST? >> UNDER SECTION 3C ADDING THE LANGUAGE JUST TO RESTRICTED TO THE CITY. IT'S ALREADY IN THE PREVIOUS STATION WHAT WAS THE PREVIOUS?

>> IS TO BE CONSISTENT. WE WANT TO CARRY THE SAME LANGUAGE OVER TO SECTION 3 C. I'M IN A READ SECTION C ON ITS OWN. THAT ONLY PERTAINS IN THE CITY OF MIDLOTHIAN.

>> YOUR MOTION STANDS. >> YES.

>> MOTION STANDS. TO HAVE A FRIENDLY AMENDMENT REQUESTS?

>> I REQUEST FOR THE AMENDMENT IS RETAINING THE FINDINGS OF THE DECLARATIONS BUT ELIMINATE SECTIONS 1, TWO AND THREE.

>> LET'S DO IT THIS WAY . LET'S DO IT THIS WAY. LET'S

SEE IF THERE IS A SECOND. >> THERE IS A SECOND TO HIS AMENDMENT AND THEN WE WILL VOTE ON THE AMENDMENT ONLY .

>> WE WILL VOTE ON THE AMENDMENT ONLY AND IF THE AMENDMENT PASSES, WE WILL GO BACK TO THE ORIGINAL MOTION AND WE ADD HIS AMENDMENT. THE AMENDMENT DOES NOT PASS, THEN WE ARE BACK TO THE ORIGINAL MOTION.

>> THIS COMING FROM THE PERSON MAKING THE MOTION.

>> THIS IS A DEEP DIVE ON ROBERTS RULES.

>> SORRY. >> I'M GOING TO TAKE THE ADVICE OF THE ATTORNEY IN THE MOTION IS MADE FOR THE AMENDMENT. IS THERE A SECOND?

>> CAN WE CHANGE HIS MOTION. YOU ARE NOW TRYING TO CHANGE COUNCILMEMBERS MOTION. YOU CANNOT DO THAT.

>> WE ARE NOT CHANGING. >> YOU ARE.

>> YOU ARE ALTERING HIS MOTION. YOU CANNOT ALTER A

COUNCILMEMBERS MOTION. >> IT SHOULD BE AMENDMENT.

>> ONLY THE AMENDMENT. YOU ARE ONLY VOTING ON HIS AMENDMENT.

>> THE MOTION STILL STANDS AND YOU ARE VOTING ON WHETHER OR NOT YOU WANT TO ADD THAT AMENDMENT.

[EXECUTIVE SESSION (part 2 of 2)]

>> THE MOTION STILL STANDS. ONLY CHANGES IF IT PASSES. YOU

GET A VOTE APPEAR. >> EXECUTIVE SESSION REQUEST

FOR LEGAL PURPOSES. >> WE HAVE AN EXECUTIVE SESSION ON LEGAL PURPOSES, ACCORDING TO --

>> CONSULTATION WITH ATTORNEY BASED

[2024-077 (Part 3 of 3)]

>>> IT IS NOT:08 AND WE ARE BACK IN OPEN SESSION AND I APOLOGIZE ABOUT THE CONFUSION. IT'S BEEN A DEEP DIVE. IT'S MY MEANING TO RUN AND I'M GOING TO RUN IT. I HAVE EMOTION

FROM ED. >> I'M GOING TO REQUEST TO WITHDRAW MY MOTION AND REPHRASE MY MOTION.

>> OKAY. >> I'M GOING TO MOTION THAT WE

APPROVE AS PRESENTED. >> SECOND TO APPROVE AS

PRESENTED. >> MOTION HAS BEEN SECONDED.

VOSGES ALL IN FAVOR. MOTION PASSES 5-2. OKAY. MOVING ON..

[2024-071 ]

[02:15:14]

STEPHANIE. >> HELLO. THIS IS ESSENTIALLY PROVIDING FOR TWO REVISIONS. WHEN OF THEM IS ADDING VISION TO THE OPTIONS, WHICH FOR A TYRESE, WHICH WAS AT A AS EMPLOYEE BENEFIT AND THEN ALSO ALLOWING RETIREES TO RETAIN DEPENDENT COVERAGE AND UTILIZE THE CURRENT CONTRIBUTION AMOUNT TOWARDS THEIR PREMIUM. IT WON'T CHANGE THE ACTUAL

PREMIUM SUBSIDY. >> QUESTIONS OF STEPHANIE? REGULAR AGENDA ITEM NUMBER 71. IF NO QUESTIONS, I WILL

ENTERTAIN A MOTION. >> MOTION TO APPROVE. ALL IN FAVOR RAISE YOUR HAND. ITEM PAST THIS UNANIMOUSLY. THANK

YOU, STEPHANIE. >> THANK YOU.

>> THAT WAS A QUIET BIT EASIER. 072, CONSIDER AND ACT UPON A

[2024-072]

>> YES, SO WE ARE BRINGING BACK THE SCHEDULE. AS YOU ARE AWARE, WE DO THIS WHEN WE HAVE A CHANGE REQUEST IN THIS FEE SCHEDULE IS POSTED ON THE WEBSITE FOLLOWING OUR RESIDENTS TO BE ABLE TO SEE THE FEES AT ANYONE LOCATION. THIS WHEN IS ONE THAT HAS BEEN REQUESTED BY PARKS. WE HAVE A BUSINESS OWNER REQUEST THIS AND STAT MET WITH HIM AND IT WAS RECOMMENDED THAT WE HAVE AN HOURLY RATE FOR OFF-SEASON MONDAY THROUGH THURSDAY ONLY FOR CAMPS AND CLINICS AT THE COMMUNITY PARK AND WE HAVE THOSE HOURS LISTED. IT IS A TWO HOUR MINIMUM. I WOULD BE GLAD TO ANSWER ANY QUESTIONS.

>> QUESTIONS FOR STAFF? >> I WOULD LIKE TO SAY THANKS TO STAFF AND THANKS TO HEATHER AND HER STAFF FOR THE TIME THEY

PUT IT ON THIS AGENDA ITEM. >> I HAD A QUESTION ABOUT THAT FEE SCHEDULE. DID WE DECIDE ON A CERTAIN SIZE OF ENTITY FOR AN OFF-SEASON FEE? WHAT WE CALL THAT FEE? IT'S A SEPARATE FEE.

>> IT'S IN THE ON ALL. EVERYBODY IS EQUITABLE IN THIS.

OFF-SEASON FEE. WHAT IS YOU CALL THAT?

>> IT IS FOR CAMPS AND CLINICS ONLY AND IT'S ONLY AT NCP.

THAT IS THE WIND THAT WE PUT IT ON.

>> THAT IS A MID RANGE FEE? >> YES.

>> OKAY. THANK YOU. >> WE ARE IN THE MIDDLE.

>> VERY GOOD. THANK YOU VERY MUCH.

>> FURTHER QUESTIONS FROM STAFF? HEARING NONE, I WILL

ENTERTAIN A MOTION. >> MOTION TO APPROVE AS PRESENTED. PLEASE VOTE. IT PASSES 7-0. THANK YOU. OPENING

[2024-073]

>> THIS ITEM WAS REQUESTED BY COUNSEL AND I'M GOING TO DO MY BEST TO DO THE NUMBERS I HAVE BASED ON THE INFORMATION I WAS PROVIDED, WHICH, UNFORTUNATELY, WE HAVE THE APPRAISAL DISTRICT WHO IS STILL EVALUATING PROPERTIES AND THEN WE HAVE THE TAX OFFICE WHO HAS THE INFORMATION AND WE TRY TO MERGE THOSE TWO TOGETHER TO DO SOME CALCULATIONS AND I WILL TELL YOU WHAT WE CAME UP WITH. ARE THOSE ENTITIES THAT WE HAD A

[02:20:03]

IT SOMEWHERE IN THERE IS WHERE IT'S GOING TO LAND. UNTIL WE HAVE FINAL NUMBERS, I CAN'T PINPOINT IT.

>> WHEN YOU GET FINAL NUMBERS?

>> WE WILL GET THE FINAL RULE INTO THE END OF JULY BUT LIKE I SAID, WE ARE PRETTY CONFIDENT IN THE $468,000. THAT WAS THE MAJORITY OF THE ACCOUNT, SO WE WERE ABLE TO LINEUP AND SO THE DIFFERENCE BETWEEN 460,000 AND 620,000 IS THE PART WE HAVE TO SPECULATE ON. KEEP IN MIND THAT THE DIFFICULTY HERE IS WHEN A CEILING IS SET, IF A DOLLAR AMOUNT. YOU CAN GO BELOW THAT AMOUNT AS A TAXPAYER, YOU JUST CAN'T GO ABOVE THAT AND EVEN IF YOU DROP BELOW THAT, YOU CAN COME BACK TO THAT FEELING. WHAT WE TRIED TO DO WAS LOOK AT WHAT THEIR TAX FILLING WAS IN LOOK AT THEIR VERY PRELIMINARY VALUE FOR 2024 BECAUSE OBVIOUSLY THEY ARE NOT FINALIZED YET AND THAT WE HAD TO DO A CALCULATION. WE ARE ALSO GOING UP TO EIGHT 20% THAT'S ALREADY BEEN VOTED ON AND WE HAD TO TAKE THE 20% HOMESTEAD OUT AND IT'S A $150,000 VALUE OUT AND CALCULATE THEIR TAX OR ESTIMATED TAX BILL AND SEE IF IT DROPPED A NUMBER. FOR SOME, IT HAS NO EFFECT BUT MOST LIKELY IF YOU ARE OVER 65 IN 2018 WHEN WE STARTED THE CEILING, THERE'S A GOOD CHANCE THAT YOU DON'T HAVE ANY BENEFIT FROM THIS AMOUNT BECAUSE YOUR VALUES WENT UP SO HIGH SINCE 2018. CONVERSELY THOSE WERE IT ESTABLISHED LAST YEAR IN 2023, ARE DISABLED OR DISABILITY, THEY WILL SEE A BIGGER IMPACT, BUT IT IS GOING TO BE INDIVIDUALLY BASED. IT'S NOT GOING TO BE ACROSS THE BOARD EVERYBODY GETS THE SAME BENEFIT FROM THIS.

>> CAN WE HOLD QUESTIONS UNTIL WE TAKE THE COMMENTS FROM OUR RESIDENTS? WE HAVE TWO SPEAKERS READY TO SPEAK.

>> IS BEEN A LONG NIGHT. MY NAME IS JENNIFER AND I LIVE OUTSIDE THE CITY LIMITS. I HAVE SERVED FOR THE PAST TWO YEARS IN ELLIS COUNTY AND I AM A CANDIDATE FOR THE APPRAISAL FOR THE DIRECTORS POSITION. I'M HERE TO SPEAK IN FAVOR OF THE EXCEPTION OF THE AMOUNT BEING INCREASE. I HEARD FROM QUITE A FEW IN THE DIFFICULTY THEY ARE HAVING WITH HER TAXES. I'M HERE THIS EVENING TO GIVE A FACE TO THOSE PEOPLE. MANY OF THEM HAVE COME BEFORE ME IN THE PAIN THAT THEY ARE EXPERIENCING IS PALPABLE. THEY ARE COMING IN AND CRYING TO THE REVIEW BOARD BECAUSE THEY CANNOT AFFORD THE HIGHER VALUES OF PROPERTIES AND AS SOMEBODY WHO WORKS ON THE ARB, WE DON'T HAVE ANY CONTROL OVER THE TAXES BUT WE HAVE CONTROL OVER THE EVALUATIONS BUT WE HAVE TO STAY WITHIN THE STATE. THERE IS A HUGHES INFLUX OF PEOPLE COMING FROM OUT OF STATE AND COMING IN WITH CASH IN HAND AND PAYING OVER ASKING PRICE, WHICH IS CREATING A PROBLEM FOR THE LONG-TERM TEXAS RESIDENTS AND THESE ARE THE PEOPLE THAT ARE EXPERIENCING THE PAIN, OUR FELLOW TEXANS AND THEN FOR THE OVER 65 YEARS OLD AND THE DISABLED, IT'S EVEN MORE DRAMATIC AND THEY ARE STRUGGLING WITH INFLATION AND ALL THE OTHER STUFF AND THEY ARE REALLY SHOULDERING AND I WANT TO LET YOU KNOW WHAT IS GOING ON AND WHAT'S GOING ON IN THE PUBLIC SIDE. THEY ARE COMING AND THEY ARE HURTING. THE STATE LEGISLATOR RECOGNIZE THAT IT IS A PROBLEM AND THEY PUT THAT FOR ME VOTE, WHICH IS WHY WE HAD THE NEW APPRAISAL BOARD DIRECTORS POSITION AND THEN IT ALSO WENT BEFORE THE VOTERS TO APPROVE THE NEW

[02:25:04]

YOU. >> THANK YOU FOR YOUR COMMENTS.

>> MAX ROTH AGAIN. SORRY TO PIGGYBACK ON JENNIFER. I'M FROM CALIFORNIA. I'M SORRY, YOU GUYS. I'M PART OF THE PROBLEM. SO I HAVE TALKED TO SEVERAL OF YOU GUYS THROUGHOUT THE YEARS. WHEN I FIRST STARTED HERE , IT WAS SIX YEARS AGO ABOUT THIS TIME DURING THE ANNEXATION AND I MET LUIS AND I GOT STUCK TO HIS HIP AND WE FOUGHT THAT AND BEAT THAT, THANK GOD. ELECTION-YEAR GAVE ME AN OPPORTUNITY TO TALK, NOT JUST TO DOZENS, BUT HUNDREDS OF PEOPLE THROUGHOUT THE COUNTY AS WE WERE ALL OVER THE PLACE AND WHEN THING I DID HEAR FROM MANY, MANY SENIORS AND THIS IS MY PERSONAL EXPERIENCE. WHAT I WAS TOLD WAS THAT IT'S TOO LATE FOR THEM. PROPERTY TAXES ARE TOO HIGH AND THEY EITHER WALK AWAY FROM THE HOME ARE THEY HAD TO SELL THEIR HOME. THESE ARE PROPERTIES THEY BEEN IN FOR GENERATIONS AND IT HURT ME TO HEAR THAT. MY WIFE AND I, WE GLADLY PAY THE OUTRAGEOUS TAXES ON THIS, ALTHOUGH WE NEVER HAD KIDS GO TO SCHOOL HERE , WE WOULD BE GLAD TO PAY FOR THAT. WE COULD DO THAT. I DON'T HAVE A PROBLEM WITH THAT BUT IT HURTS TO SEE THE SENIORS THAT CANNOT AFFORD IT WE THE RIDICULOUS SOCIAL SECURITY THAT THEY GET. PLEASE THINK TWICE. I PERSONALLY THINK AND I DON'T KNOW IF I TOLD ANY OF YOU BUT 65 AND OLDER, WHY ARE THEY PAYING TAXES? THEY DON'T HAVE ANY KIDS AND IF THEY DO, THAT IS A MIRACLE AT 65. OKAY? THEN THEY SHOULD GET A FREE RIDE AT THAT POINT. SERIOUSLY. I THINK THAT THERE SHOULD BE NO TAXES AND GIVE EVERYBODY A BREAK AND I THANK YOU FOR THAT. THINK ABOUT IT. APPRECIATE YOU.

>> I LIKE TO SAY MORE ABOUT CIRCUITS IN THEM. RIGHT?

>> NO OTHER COMMENTS. >> MY QUESTION IS, WHAT IS THE IMPACT. I KNOW IT IS A LOADED QUESTION.

>> I THINK IT'S A RANGE BETWEEN 460,600 20,000. WHEN YOU LOOK AT THE IMPACT THAT IT WILL HAVE, I THINK THAT IS THE

RANGE. >> I KNOW THIS IS GOING INTO A DIFFERENT TEXTURE BUT HOW MANY DAYS RESERVED DO WE HAVE IF WE SPENT THE FULL BUDGET AMOUNT? I THINK IT WAS 185 DAYS OR SO.

>> IF WE SPENT EVERY PENNY, WE WOULD HAVE 185 DAYS LEFT?

>> IT WAS CLOSER TO 180 THAT 85.

>> I DON'T THINK IT IS THAT MUCH. I'M TRYING TO THINK OF

-- >> OVERSPENDING TWO DAYS, THREE

DAYS? >> YOU ARE PROBABLY TALKING

THREE OR FOUR MAX. >> I APPRECIATE THE INFORMATION. THIS IS SOMETHING I'VE BEEN REALLY EXCITED ABOUT LOOKING AT AGAIN WHEN WE EXPENDED IT LAST YEAR. YOU KNOW, WHEN OF THE PIECES OF INFORMATION. CHRIS, I APPRECIATE YOU LOOKING IT UP FOR ME EARLIER IN THE WEEK. WE ORIGINALLY PUT THE $70,000 HOMESTEAD EXEMPTION INTO PLACE IN 2001. THE AVERAGE PRICE OF A HOUSE IN MIDLOTHIAN IN 2001 WAS SOME THE BALLPARK OF 100 GREEN, $110,000 TOPS AND THAT COUNSEL SAW THE NECESSITY TO MAKE THAT EXEMPTION 70,000, WHICH WAS ABOUT THREE QUARTERS OF THE COST OF A HOME OR THE VALUE OF THAT HOME, RATHER. SINCE THEN THE AVERAGE -- I DON'T KNOW IF CLARK WOULD KNOW IT, BUT I AM SURE THAT IT IS SIGNIFICANTLY HIGHER. PROBABLY THREE OR FOUR TIMES.

[02:30:01]

>> THE AVERAGE SALES PRICE IS $495,000 AND THE AVERAGE RECONSTRUCTION WAS AROUND $600,000.

>> I UNDERSTAND THAT WE PUT THE THREES IN BUT THIS $150,000 STEP, IT'S NOT COMMENSURATE TO THE INFLATION AND VALUES BUT IT DEFINITELY STARTS MAKING PROGRESS . BASED ON CHRIS'S NUMBERS, THE COST IS AROUND $150,000 IN REVENUE. THE WAY I LOOKED AT IT LAST MEETING, WE SPENT ALMOST $100,000 ON COVERED BITES ON THE WATER TOWER, SO WE ARE SPENDING 4 TO 5 TIMES MORE TO GET EVERY SENIOR IN THE CITY.

>> THAT WAS FROM A DIFFERENT FRONT .

>> SURE. YEAH. >> I WANT TO MAKE WANTING REALLY CLEAR, PLEASE DON'T SAY EVERY SENIOR BECAUSE THERE IS GOING TO BE SENIORS BECAUSE THEY CEILING TO LONG TIME AGO AND THAT IS THEIR GUARD AGAINST INCREASED VALUES. I WANT TO MAKE SURE THAT EVERY SENIOR DOESN'T THINK THAT YOU'RE

GOING TO GET A TAX DECREASE. >> IT GIVES THE OPTION OF THE LOWER EVALUATION THEY WERE ABLE TO SWITCH PROPERTIES, WHICH IS SOMETHING THAT I SEE A LOT IN OUR SENIORS IS THAT THEY ARE ENDING UP IN A FOUR BEDROOM HOME EITHER WHICH IS A SPOUSE FOR THEMSELVES AND THEY ARE SELLING THOSE HOMES AND MOVING TO A NEW AND, WHICH CARRIES A MUCH HIGHER EVALUATION FOR A SMALLER FOOTPRINT AND THIS GOES A LONG WAY TO LETTING THEM STAY IN MIDLOTHIAN AND KEEPING THEIR COMMUNITY WITHOUT ENFORCING

THEIR ABILITY. >> I WOULD MAKE THE COMMENT THAT I'M NOT AGAINST THIS IDEA. I'M NOT AGAINST TOTALLY FLUSHING THIS OUT. IT WOULD BE WISE TO CONSIDER THESE THINGS.

I HAVE ISSUE WITH THE TIMING AND WE ARE MONTHS AWAY FROM DISCUSSING THE BUDGET NEEDS IN TAX AND WE HAVEN'T SEEN WITH THE FULL IMPACT OF THE 20% HOMESTEAD EXEMPTION IS GOING TO BE AT, SO I WOULD MUCH PREFER TO HAVE A BUDGET WITH REAL NUMBERS IN FRONT OF US EMBEDDED NUMBERS FROM THE COUNTY SO THAT WE CAN EVALUATE APPLES TO APPLES. I QUESTION THE TIMING.

I WOULD MUCH PREFER TO WAIT . >> I JUST WANT TO SAY A COUNTERPOINT TO THAT, MR. MAHER. DURING THE BUDGET SEASON, WE WERE CAUTIONED AGAINST CUTTING THE BUDGET AT THAT TIME BECAUSE WE HADN'T GIVEN THE STAFF THE OPPORTUNITY TO BE ABLE TO BUILD THOSE CUTS INTO THE BUDGET AND THAT SOMETHING THAT WE ARE DOING NOW BY DOING IT AT THIS TIME . WE ARE GIVING THEM THAT OPPORTUNITY TO BUILD THEIR BUDGET AROUND IT AND TO MAKE SURE WHEN IT COMES TIME TO PRESENT THAT BUDGET THAT WE ARE NOT SURPRISING THEM OR THROWING

A CURVEBALL. >> IF THEY KNOW THIS IS ON THE HORIZON TO DISCUSS, THEY CAN BUILD ALTERNATIVES TO THE BUDGET AND SAY, HERE, YOU ARE SACRIFICING THIS TO GET THIS.

WE MAKE A MORE EDUCATED DECISION. LISTEN TO THE REST

OF THE COUNCIL TO DISCUSS. >> I JUST WANT TO SAY THAT THIS IS THE EXACTLY THE SORT OF THING THAT I LIKE TO SUPPORT IN THE SPEAKERS HIT THE NAIL ON THE HEAD AND THOSE ISSUES AND I WON'T REGURGITATE THAT BUT THIS IS SOMETHING I THINK EVERYBODY IN THE CITY, IF NOT EVERYBODY, 95% CAN GET BEHIND.

THAT I WOULD DEFINITELY SUPPORT. I THINK IT IS A WONDERFUL IDEA. I WANT TO ALSO MENTION A COUPLE THINGS THAT ARE CONCERNS. THE FIRST THING I AM CURIOUS ABOUT IS CHRIS.

EVEN IF WE WERE TO VOTE THIS IN TONIGHT, WHEN WOULD IT TAKE PLACE? I'M GUESSING IN OCTOBER.

>> IT WOULD TAKE PLACE. >> IS NOT RETROACTIVE. IF WE FOCUS IN TONIGHT, IT WILL NOT TAKE PLACE TONIGHT.

>> EXACTLY. THAT'S THE WHOLE POINT.

>> WHAT IT WOULD DO IS -- IF IT PASSES TONIGHT, WE WILL NOTIFY THE DISTRICT AND THEY WILL BUILD IT INTO THE VALUES THAT

THEY SEND US IN JULY. >> THE OTHER THING -- I GUESS IF I HAD MY WAY OF LOOKING AT THE TAXES, WE WOULDN'T HAVE ANY AND IF I'M ABLE TO CONTINUE TO GO DOWN THE PATH I'M GOING TO, WHICH IS INDUSTRIAL BACK, WE CAN CONTINUE TO REDUCE HOMESTEAD TAXES AND IF I HAD IT MY WAY, IT WOULD BE ZERO AND LET INDUSTRIAL SIDE AND OUT-OF-STATE RENTALS THAT PAY FOR IT. THAT'S WHAT I RAN ON AND THAT'S WHAT I'M GOING TO DO. I GUESS MY OTHER QUESTION WOULD BE, I'M ASSUMING THAT WE DID 10% LAST YEAR AND THOSE HOMESTEAD EXEMPTIONS ALSO APPLIED .

[02:35:08]

>> YES, WHAT YOU DO IS, YOU WILL GET AN APPRAISED VALUE AND THEN YOU POUR THE HOMESTEAD EXEMPTIONS AND DISABLED EXEMPTIONS AND ET CETERA OFF THAT NUMBER TO GET TO A TAXABLE VALUE AND THEN YOU APPLY YOUR TAX RATE TO THAT.

>> JUST TO HELP THE PUBLIC UNDERSTAND KNOW WHAT WE'VE DONE IN THE LAST TWO YEARS, I SERVED ON COUNSEL SINCE 2011 AND THE LARGEST WHEN I SAW WAS IN 2018.

CHRIS, CORRECT ME IF I'M WRONG ABOUT $4.7 MILLION OUT OF AN IN AND OUT BUDGET. GRANTED, WE DO HAVE AN INCREASE IN VALUE AND AN INCREASE IN REVENUE. BUT WHEN YOU THINK ABOUT WHAT WE PULLED OUT THE BUDGET LAST YEAR WAS $4.7 MILLION, THIS YEAR'S GOING TO AUTOMATICALLY ALREADY BEFORE $.7 MILLION, AND I'LL TELL YOU SOMETHING ELSE I HAVE ON MY MIND, WHICH WE'RE NOT EVEN BUDGET TIMING YET, BUT THAT'S GOING TO COST ANOTHER TWO TO $3 MILLION. GUYS, WE WILL HAVE JERKED OUT 10 TO 12 MILLION DOLLARS OUT OF OUR MAINTENANCE AND OPERATIONS BUDGET. IN TWO YEARS. THAT'S 25% OF THE BUDGET LINE FOR M&O.

I'M NOT SAYING THAT WE CAN'T DO IT. I'D LIKE TO DO IT. I WANT TO DO IT. BUT I AM CONCERNED THAT, AND I DON'T BELIEVE THAT WHAT WE'VE ALREADY DONE ON THE 10%, 20%, WE TRY, I FULLY SUPPORTED. I WILL -- I, MATTER OF FACT, I'LL TELL YOU, I'VE BEEN IN CONVERSATION WITH SENATOR BIDWELL, BECAUSE WE HAVE A 20% CAP AT THE STATE LEVEL ABOUT HOW TO ELIMINATE IT. SO CITIES CAN GO UP TO WHATEVER LEVEL THEY WANT ON HOMESTEAD EXEMPTION. BUT I DO HAVE CONCERNS BECAUSE I'M FEARFUL THAT WE HAVE GOT OURSELVES INTO A, CUT SNOWBALL THAT WE HAVEN'T FELT YET THAT COULD COME A YEAR OR TWO DOWN THE ROAD. SO I'M IN FULL SUPPORT OF THIS, BUT I DO HAVE CONCERNS, I WOULD LIKE TO SEE THE NUMBERS, BECAUSE I DON'T WANT TO JEOPARDIZE ANY, ALL THESE OTHER GOOD THINGS WE'VE DONE ON HOMESTEAD EXEMPTIONS, AND THE POTENTIAL OF A SMALLER ACROSS-THE-BOARD CUT THIS YEAR THAT I THINK WE'LL HAVE A BE A LITTLE ROOM FOR, BUT I NEED TO LOOK AT THE NUMBERS. IT'S FIXING TO START GETTING TIGHT.

I FEEL PRETTY QUICK. WHEN WE START PULLING THE COUNTER MONEY

OUT. >> I MEAN, I, YOU KNOW, I APPRECIATE YOUR CONCERN. MY ISSUE WITH THIS IS THAT WE'RE TALKING ABOUT, AS, AS COUNCILMAN WYCLIFFE, YOU KNOW, POINTED OUT, AT THE FARTHEST OUTSIDE NUMBERS, WE'RE TALKING ABOUT FOUR DAYS OF RESERVES, OUT OF 180+ DAYS OF RESERVES.

WE'RE TALKING ABOUT A, A, A TOTAL COST TO THE CITY THAT IS LESS THAN WE SPENT ON CONSULTANTS FOR, I MEAN, A MYRIAD OF -- WE SPENT SO MUCH MORE THAN THIS JUST GETTING CONSULTANTS TO TELL US THAT WE'RE DOING A GOOD JOB.

THERE'S SO MANY PLACES I FEEL LIKE THIS IS A MUCH MORE IMPORTANT -- IT'S MUCH MORE IMPORTANT OF US TO LOOK AFTER THE MOST VULNERABLE IN OUR COMMUNITY, WHICH IS THE DISABLED AND ELDERLY, THAN IT IS FOR US TO, YOU KNOW, LIKE, SOMETHING LIKE I THINK YOU POINTED OUT, COLORED LIGHTS INSTEAD OF WHITE LIGHTS ON THE, ON THE WATER TOWER. I MEAN, THOSE ARE THE SIMPLE DECISIONS THAT WE CAN EASILY MAKE, LITTLE TRIMS THAT WILL MORE THAN, I MEAN, IN THE NEXT COUPLE MEETINGS, WE CAN EASILY COVER THIS. NO PROBLEM. WE'RE NOT TALKING ABOUT THE TAX RATE THAT'S GOING TO TAKE THE WHOLE CITY DOWN, AND WE'RE NOT GOING TO DEFUND THE POLICE DEPARTMENT OR THE FIRE DEPARTMENT, OR, OR NOT BE ABLE TO DELIVER ON THE ROADS. WE'RE TALKING ABOUT A MINOR HIT THAT WE CAN EASILY OVERCOME THAT WILL HAVE A DRAMATIC IMPACT FOR RESIDENTS IN OUR CITY, AND, AND IMPROVE THEIR, THEIR LIVES. IT'S NOT A HUGE AMOUNT. AND THE COST OF LIVING INCREASE, YOU KNOW, FOR THE EVALUATIONS, I MEAN, WE'RE TALKING ABOUT, ESSENTIALLY, IF TODAY, IF THAT COUNCIL HAD PASSED THE ORIGINAL, WE'RE TALKING ABOUT A $300,000, OR $400,000, INSTEAD OF $150. SO

[02:40:05]

BUT IT'S A, IT'S A GOOD STEP, AND IT'S A MEANINGFUL STEP FOR OUR RESIDENTS. AND I, I, I REALLY URGE YOU TO GO FORWARD WITH IT, AND IT'S, WITHOUT BEING SERIOUS, DETRIMENT TO OUR

CITY. >> BUT WE CAN'T KNOW THAT WE

HAVE ACTUAL NUMBERS. >> WELL, WE DO. WE DO HAVE THE FARTHEST OUTSIDE NUMBERS. WE HAVE THE WORST NUMBERS AVAILABLE OF SOMETHING WE CAN EASILY OVERCOME.

>> I, I THINK, I WANT TO BELIEVE I HAVE A PROVEN HISTORY OF A DESIRE TO DECREASE THE TAX BURDEN ON THE COMMUNITY, AND OVER MY SIX YEAR TERMS, AND I JUST, I FEEL LIKE IT'S WISE BUSINESS SENSE TO HAVE REAL ACTUAL NUMBERS TO WEIGH APPLES TO APPLES, ORANGES TO ORANGES, WHENEVER YOU'RE MAKING DECISIONS LIKE THIS. I DON'T GET THE PRESSING NEED TO RUSH WHATEVER, WHENEVER WE HAVE A BUDGET THAT'S GOING TO COME FOR HIS EARLY SUMMER TO DISCUSS THESE THINGS WITH A HOLISTIC SORT OF THE AND THEN IMPLEMENT SOMETHING LIKE THIS NEXT YEAR, SHOULD THE COUNCIL DECIDE TO PURSUE IT.

>> BECAUSE WE NEED TO GET THESE VALUES TO THE APPRAISAL. WE NEED TO GET THIS NUMBER TO THE APPRAISAL BOARD SO THAT, THAT IT CAN BE INCLUDED AS WE GO FORWARD. AND IT ALSO GIVES US THE OPPORTUNITY TO BUDGET FOR IT NOW.

>> AND, AND LIKE I SAID BEFORE, IN THE PAST, WHEN WE HAVEN'T BROUGHT IT UP THIS EARLY IN THE YEAR, WE HEAR REASONS WHY WE CAN'T DO IT, THAT BUDGET TIMES, SO NOW IS THE PERFECT

TIME. >> OKAY.

>> I, I, I DON'T HAVE A PROBLEM WITH SUPPORTING THE GOVERNMENT, BUT I WILL SAY THIS WILL REASON IN MY MIND IS THE LIKELIHOOD IS TIME TO BUDGET TIME, WE'LL BE CUTTING BACK ON WHAT WE COULD BE DOING ACROSS THE BOARD. YOU KNOW, THAT'S WHAT CONCERNS ME. SO THERE'S ONLY, THE MONEY GOES IN AND ONLY SO MUCH CAN GO OUT, SO I'M, I'M, I THINK IT'S A GREAT IDEA. I'M HAPPY TO SUPPORT IT, BUT IT'S PROBABLY -- IT HAS THE IMPACT OF POTENTIALLY -- IN THE GRAND SCOPE OF $80 MILLION BUDGET, YES, THIS IS SMALL POTATOES, BUT IT, IT COULD HAVE AN IMPACT SOMEWHERE, SO IT'S FINE. I'M

GOOD WITH IT. >> COMMENTS?

>> MOTION. >> ALL RIGHT. I'LL HEAR THE

MOTION. >> I MOTION TO APPROVE AS

PRESENTED. >> SECOND IT'S BEEN GOT A MOTION TO APPROVED BY COUNCIL MEMBER GARDNER, SECONDED BY COUNCILMEMBER MOORMAN. PLEASE VOTE. ITEM PASSES 7-0.

[2024-074]

>> OKAY. OPENING ITEM 2024-074, CONSIDER AND ACT UPON A REQUEST FOR A WAIVER FROM SECTION 13.0 3.003 UTILITIES OF THE CODE OF ORDINANCES FROM HAVING TO CONNECT TO THE SANITARY SEWER SYSTEM AT A SPECIAL EXEMPTION FROM THE SUBDIVISION ORDER IN THE SECTION 6.16 IMPROVEMENT INTERNET REQUIREMENTS PERTAINING TO THE USE OF AN ALTERNATIVE PAINTING MATERIAL FOR A DROP YARD, BEING 30+ OR MINUS ACRES OF LAND, COMMONLY KNOWN AS 1800 DOVE LANE. ALL

RIGHT. >> GOOD EVENING. SO, EXCUSE ME.

WITH THIS REQUEST, HOLSUM IS LOOKING TO EXPAND OUR OPERATIONS A BIT AND HAVE A DROP STORAGE YARD. THIS IS WHERE TRUCKS AND TRAILERS WOULD TYPICALLY BE LEFT FOR PICKUP AND DROP OFF. THE LOCATION IS THE NORTHEAST PART OF TOWN, SOUTH OF THEIR OPERATION HERE, BUT ADJACENT TO MIDLOTHIAN PARKWAY, AND UP ROAD IS THERE. THIS IS ROUGHLY THE TOTAL SITE AREA. SO THEY'RE CURRENTLY ZONED HEAVY INDUSTRIAL. SO BEFORE YOU IS NOT A QUESTION OF CHANGING, ZONING, OR AMENDING APD OR ANYTHING LIKE THAT. THEY ALREADY HAVE HEAVY INDUSTRIAL.

THE QUESTION BEFORE YOU IS REALLY JUST A WAIVER, TO NOT HAVE TO CONNECT TO CITY SEWER, AND THAT IS BECAUSE THE, THEY HAVE A BOUT AN 1800 SQUARE FOOT OFFICE BUILDING BREAK ROOM, AND THIS IS ABOUT 5500 FEET AS THE CROW FLIES FROM SEWER. SO STAFF SUPPORTS YOUR REQUEST FOR THAT WAIVER. THERE ARE OTHER REQUESTS BEFORE YOU AS FAR AS SPECIAL EXEMPTION FOR GRAVEL INSTEAD OF CONCRETE FOR THE STORAGE YARD AREA. STAFF HAS RECOMMENDED DENIAL OF THAT REQUEST. AND THIS IS JUST KIND OF A MARK OF A STATE PLAN THAT STAFF WORKED WITH THE APPLICANT'S ON. AGAIN, YOU'RE NOT TAKING ACTION ON THIS. THIS IS JUST TO HELP VISUALIZE. JUST THAT WE WORK WITH THEM TO FIGURE OUT THAT THE ONLY THINGS THEY NEED WAS JUST THE WAIVER FOR THE SEPTIC AND THE SPECIAL EXCEPTION FOR THE GRAVEL. AND ONE OF THE THINGS HERE, IF YOU SEE THIS RED BORDERLINE IN THIS AREA, THAT'S WHAT THEY'RE CALLING PHASE ONE. TMZ, AND THEIR RECOMMENDATION TO APPROVE, THOUGH, DID WANT TO LIMIT THE APPROVAL FOR THE GRAVEL TO BE LIMITED TO THIS OPERATION OF PHASE ONE RATHER THE ENTIRE 30 ACRES. SO AGAIN,

[02:45:01]

IT'S ABOUT A SEPTIC WAIVER AND A SPECIAL EXCEPTION ON THE CONCRETE. AND, AGAIN, IT'S KIND OF JUST TIGHTENED IT UP AND CROP THE IMAGE TO GIVE YOU A BETTER IDEA OF PNZ'S RECOMMENDATION LIMITING IT TO PHASE ONE. AGAIN, STAFF SUPPORTS THE SEPTIC WAIVER, BUT NOT THE CONCRETE GRAVEL. THE APPLICANT IS HERE TONIGHT TO ANSWER ANY QUESTIONS YOU HAVE,

AND I'M HERE AS WELL. >> I DO BELIEVE WE HAVE ONE

SPEAKER. >> ARE YOU THE APPLICANT?

>> YES. THEY ARE, GOOD EVENING. COUNCIL, RAO JUST GAVE IS MY NAME, 201 MAIN STREET FORWARD, TEXAS, 70102, REPRESENTING HOLSUM TONIGHT. COUNCIL, THE FLEX-BASED MATERIAL THAT YOU'VE GOT BEFORE YOU HERE TONIGHT IS ESSENTIALLY THE SAME TYPE OF MATERIAL THAT WAS APPROVED FOR THE DOW SITE HERE RECENTLY , AND, AS A MATTER OF FACT, THE COMPANY THAT'S GOING TO INSTALL THIS MATERIAL IS THE SAME COMPANY THAT'S GOING TO DO THE GIRL DOW SITE AS WELL. THERE WAS A QUESTION THAT WAS BROUGHT UP AT PNZ AS TO WHETHER OR NOT THE TYPE OF OPERATION THAT'S GOING TO TAKE PLACE ON THE SURFACE IS, IS, IS, YOU KNOW, OKAY FOR WHAT THE BASE WOULD PROVIDE HERE.

ESSENTIALLY, IT IS A DROP STORAGE YARD , AS YOU HEARD.

IT'S GOING TO BE TRAILERS THAT ARE GOING TO BE LEFT THERE.

THEY'RE GOING TO BE MOVED TO A FACILITY TO UNLOAD AND BROUGHT BACK. WITH MATERIALS. COME OFF OF THE TRUCK AT THE FACILITY.

AGAIN, WITH THE COMPANY BEING ONE BIT HAS DONE THIS BEFORE, GO THE RIGHT WAY HERE. DID I GO THE RIGHT WAY? I'M SORRY.

THERE WE GO. THERE WE GO. SO COUNCIL, AGAIN, THE COMPANY AND REPRESENTATIVES ARE HERE TYPING TONIGHT. THIS IS A SIMILAR OPERATION THAT THEY INSTALLED FOR A SITE THAT IS PURELY FOR STORAGE, TRAILER STORAGE OF THE TYPE YOU SEE HERE. AS YOU CAN SEE, IT WEARS AS INTENDED FOR THIS USE. THIS IS ANOTHER SITE IN FORT WORTH WHERE THEY'VE DONE SOMETHING EXACTLY SIMILAR TO THAT. IT IS JUST PURELY FOR SEMI STORAGE, AS YOU SEE THE NAME OF THE COMPANY IS SEMI STORES. SO THAT'S ESSENTIALLY JUST ANOTHER AERIAL VIEW OF ANOTHER LOCATION WHERE THEY'VE DONE SOMETHING SIMILAR TO THIS AS WELL. AGAIN, THEY'RE FINE WITH THE 10 ACRES THAT HAVE BEEN LIMITED BY THE PNZ FOR THIS LOCATION HERE. THE FEDERAL IMPOUND FACILITY JUST ACROSS THE STREET IS USING A GRAVEL BASE, AS WELL, FOR THEIR FACILITIES THERE. THE FLEX BASE WILL HAVE AN EMULSIFIED ASPHALT TOP LAYER, WHICH WILL HELP WITH THE LONGEVITY OF THE SURFACE, AS WELL AS DUST MITIGATION. AND CURRENTLY, HOLSUM DOES EMPLOYEE DUST MITIGATION AT THEIR SITES. CLEARLY THAT WOULD BE DONE AT THIS LOCATION AS WELL TO BE SURE THAT THEIR OPERATIONS ARE CONSISTENT ACROSS THE CITY. THE FLEX BASE WILL HAVE A LITTLE BIT MORE PERVIOUS ASPECT FOR WATER. IT ACCUMULATES ON THE PROPERTY THERE. AND IF THIS WAS EVER TO NEED TO BE REMOVED FROM THIS LOCATION, MUCH EASIER TO REMOVE THIS TYPE OF SURFACE THAN IT WOULD BE IF WE LAY CONCRETE AT THAT LOCATION. AND AGAIN, THIS TYPE OF MATERIAL WILL NOT BE DETRIMENTAL TO ANY SURROUNDING USES THERE, BECAUSE, LITERALLY, THEY ARE SURROUNDED BY OTHER INDUSTRIAL USES HERE AT THIS LOCATION.

JUST VERY QUICKLY, THE SEPTIC COVERED THE PRIMARY POINTS THERE. SMALL BUILDING, VERY, VERY LIMITED USE, THE DISTANCE TO CONNECT TO THE SEPTIC IS, IS ALMOST A MILE AWAY, SO THEY'RE JUST LOOKING FOR SOME RELIEF ON A SEPTIC SYSTEM THAT WOULD BE APPROPRIATE TO SERVE THE SIZE OF THE BUILDING THAT THEY'RE GOING TO HAVE AT THAT LOCATION. AGAIN, HOLSUM REPRESENTATIVE HERE, THE CONTRACTOR'S HERE FOR THE YARD, HAPPY TO ANSWER

ANY QUESTIONS YOU HAVE. >> ALL RIGHT, THANK YOU.

COUNCIL, QUESTIONS? >> JUST ONE QUICK QUESTION. ON THE, ON THE STRUCTURE OF THE FLEX BASE, IF I'M NOT MISTAKEN, WHAT IS THAT LIKE? 18, 24 INCHES DEEP, SOMETHING

LIKE THAT? >> 24 INCHES.

>> OKAY. >> IT 24/7 TYKE ONE GRADE A.

THE LITTLE PADS OF MOSSAD ASPHALT ON THE TOP OF IT. YOU KNOW, DUST, IT'LL ALSO SLIP BY -- TRACK OUT, AND IT'LL -- WE HAVE DURABLE PRODUCT FOR AS LONG AS WE ARE.

>> OKAY. THAT'S, THAT'S ALL I HAVE.

>> THIS, BUT LET'S FACE IS CRUSHED, BASICALLY CRUSHED ROAD BASE, PREVIOUS ROAD BASE, CONCRETE THAT'S BEEN RECYCLED.

[02:50:05]

>> IT'S ON -- >> IT'S NOT --

>> YEAH. >> CLARK?

>> I JUST HAVE ONE QUESTION FOR STAFF.

>> YES SIR? >> I KNOW STAFF IS RECOMMENDING TO NOW, BECAUSE THAT'S WHAT OUR STANDARDS SAY, AND I GUESS POSSIBLY FIRE HAD AN ISSUE WITH IT. I KNOW THEY TYPICALLY LIKE

90,000 POUNDS. >> IT SAYS TO BE ENGINEERED TO LESSEN THEIR STANDARD. AS LONG AS IT MEETS THEIR FIRE CODE STANDARD. BUT IT'S EASIER, BUT I MEAN, MY UNDERSTANDING, AS LONG AS IT MEETS THEIR STANDARD, THEN YOU'RE NOT

WAVING A FIRE CODE. YOU CAN'T. >> USING MATERIAL.

>> COME ON UP. >> NIKKI THOMAS FROM J THOMAS ENGINEERING, FORT WORTH. WE WILL HAVE A FIRE LANE THAT IS WITHIN THE REQUIREMENTS OF THE FIRE, FIRE CODE, SO THE FIRE LINE WILL EXTEND UP THROUGH THE FRONT ENTRY FROM MIDLOTHIAN PARKWAY UP THROUGH THE MAIN GATE, AND WE'LL HAVE A HAMMERHEAD TURNAROUND FOR THE FIRETRUCK TO BE ABLE TO COME IN AND TURN AROUND, AND IT WILL BE WITHIN 150 FEET OF THE BUILDING. WE'VE ALREADY TALKED WITH THE FIRE MARSHAL ON IT, SO WE'LL BE IN COMPLIANCE WITH THAT, SIR.

>> THANK YOU. >> DOES STAFF HAVE AN OVERLAY OF THIS WITHIN THE TREES? SO THAT -- IN OTHER WORDS, THERE'S A NUMBER OF -- I THOUGHT I SAW AT THE PNZ MEETING , THERE, GO BACK ONE. I THOUGHT, I GUESS THAT'S BASICALLY KIND OF SHOWING, THAT'S BASICALLY THE LOCATION.

PROBABLY BE ROUGHLY IN THIS AREA AT PHASE ONE.

>> RIGHT. SO THEY'VE GOT, THEY'VE GOT GOOD FOLIAGE FOR

COVERAGE. >> YES, AND THEY'LL STILL HAVE

TO ADD MORE LANDSCAPING. >> RIGHT, BUT IT'S, IT'S, IT'S MINIMAL. AND THEN THEY'VE GOT THE CONCRETE PUNCH. AS HE SAID, ROSE ALL THE WAY THROUGH THERE WITH THE --

>> YES. >> ALL RIGHT.

>> I'M GOING TO MAKE A MOTION, UNLESS THERE'S FURTHER

DISCUSSION. >> YOU HAVE A QUESTION?

>> I'LL MAKE A MOTION TO APPROVE, PENDING THE PR -- ACCORDING TO THE PNZ'S RECOMMENDATIONS.

>> SECOND. >> MOTION BY MYSELF, SECONDED

BY COUNCILMEMBER -- >> THAT'S THE --

>> APPROVING

BE -- >> PNZ'S APPROVAL IS --

>> AND JUST TO CLARIFY, THAT IS THE APPROVAL OF THE WAIVER FOR THE SEWER, BUT DENIAL OF THE GRAVEL --

>> NO, NO. THEY, THEY, PNZ'S RECOMMENDATION IS TO APPROVE THE WAIVER ON THE CONCRETE , BUT IT ONLY APPLIES TO PHASE ONE, SO THE AREA THAT WAS OUTLINED IN RED. SO IT APPROVES BOTH THE SEPTIC AND ALLOWS THEM TO DO THE PRODUCT THAT THEY'RE

TALKING ABOUT ON PHASE ONE. >> OKAY. MOTIONS BEEN MADE, IT'S BEEN SECONDED. PLEASE VOTE. PASSES 6-0. 6-1. IT'S --

IT'S BEEN A DAY. >> THANKS FOR WAITING, GUYS.

[2024-075]

>> YES, THANK YOU. >> OPENING ITEM 2024-075 , DISCUSS THE CITY ASSUMING MAINTENANCE AND OPERATIONS OF THE MIDLOTHIAN HISTORIC GYMNASIUM, OR THE OLD GYM, LOCATED AT 100 WEST AVENUE H AND PROVIDE DIRECTION FOR

STAFF. >>

] >> THERE'S A --

INDISCERNIBLE - LOW VOLUME ] >> GOOD EVENING, MAYOR AND COUNCIL. I KNOW EVERYONE'S READY TO GO, SO I AM GOING TO CUT THIS DOWN AND GET TO THE QUICK. AND CDC VOTED AGAINST APPROVING A GRANT FOR THE AC, THE HVAC SYSTEM IN THE OLD GYM, UNLESS IT WENT -- UNLESS IT WAS TURNED OVER TO THE CITY TO OPERATE AND MANAGE THAT FACILITY. SO, I MEAN, THIS IS A DISCUSSION. WE WENT BACK TO MCDC , HAD A SET IN THE MEETING. THEY WERE JUST HAVING A DISCUSSION, NOT A VOTING AGENDA ITEM. THE DISCUSSION WAS TAKING THAT OVER. THEY SAID

[02:55:01]

IT WILL NOT MAKE MONEY. IT WILL BE A COMMUNITY BENEFIT, BUT IT

WILL NOT MAKE MONEY. >> THANK YOU. IS THERE ANYBODY SIGNED UP TO SPEAK? COUNCIL, QUESTIONS? STAFF?

>> SO BASICALLY, WE EITHER TAKE IT ON, OR THEY DON'T GET AC. I

MEAN, THAT'S BASICALLY -- >> CORRECT. THEY WOULD HAVE TO

FIND FUNDING ELSEWHERE. >> YEAH, BUT WE DID NOT ASK FOR THE CITY TO GIVE THE BUILDING OVER TO THE CITY. THE CAVEAT TO OUR GRANT REQUEST THAT WE PUT IN IN MAY 2023 -- WE'RE STILL WAITING ON IT HERE, IS TO GET AC INTO THE GYM SO IT CAN FUNCTION YEAR-ROUND. IT CANNOT FUNCTION IN THE SUMMERTIME WITHOUT THE AC SYSTEM. AND SO PJ, SPECIFICALLY, MADE A MOTION, AND THE MOTION WAS THAT THEY WOULD GIVE US THE MONEY FOR THE AC IF WE GAVE THEM THE GYM.

>> YOUR BOARD, THOUGH, FOR THE GYM, IS ALL ON THE SAME PAGE.

>> MY BOARD CAME BACK WITH THE LETTER TO THEM ON NOVEMBER THE EIGHTH AND SAID WE ABSOLUTELY ACCEPT YOU GUYS, WE'LL BE HAPPY TO ENTERTAIN HOW THIS WORKS. HOW DOES THIS WORK? ALL THAT THING. BUT WE DON'T HAVE, WE DON'T -- WE JUST REALLY WANT MONEY TO PUT AN AC SYSTEM IN AND CONTINUE TO RUN IT UNDERNEATH OUR NONPROFIT. WE'VE GOT IT UP AND FUNCTIONING. WE JUST LIKE THE GYM TO RUN YEAR-ROUND. SO. WHETHER YOU GUYS WANTED, WE'RE HAPPY TO ENTERTAIN AS WELL. WE WANT THE BEST FOR THE COMMUNITY. YOU GUYS FEEL LIKE THAT'S THE BEST FOR THE COMMUNITY, THAT'S FINE WITH US. BUT WE DON'T KNOW HOW THAT WORKS. BECAUSE WE DIDN'T MAKE THAT MUCH.

>> SO -- >> SIMPLE STATEMENT. I'D RATHER THE GYMNASIUM STAY UNDER THE CURRENT BOARD. I HAVE FULL FAITH IN THAT BOARD'S ABILITY TO RUN THE GYM. RIGHT.

>>

>> I AGREE. YES MA'AM. >> SO I'D ASK QUESTIONS. HAVE WE GOTTEN ANY CONFIRMATION FROM THE SCHOOL AND DISTRICT ABOUT OUR ACQUISITION? AND THEN LET ME GO INTO DETAIL, BUT WHERE

ARE WE AT ON THAT? >> THE, THE CONTRACT AS STATED SAID IF THE OLD GYM EVER QUIT USING IT FOR PUBLIC FUNCTION OR REPORTED BACK TO THE SCHOOL DISTRICT, THEN WE HAD A CERTAIN AMOUNT OF TIME , WHICH WAS, THEY HAD TO GIVE US 60 DAYS NOTICE, AND THEN WE HAD, LIKE, 90 DAYS TO EXERCISE OUR OPTION TO TAKE OVER THE BUILDING. SO IT IS ALREADY SET. WE HAVE A 25 YEAR OPTION PERIOD. THE WAY I READ IT, WE COULD TAKE OVER THE GYM. SO IF THE BOARD TURNED IT BACK TO THE, THE SCHOOL BOARD, WE'VE GOT THE RIGHT TO COME IN AND WE HAVE THE FIRST RIGHT , WITHIN THE OPTION PERIOD. NOW, IF THEY TELL, IF THEY GIVE US IN WRITING THAT WE HAVE 60 DAY NOTICE, THE GYM'S BEEN TURNED BACK OVER TO US, AND WE DON'T EXERCISE THAT OPTION WITHIN 90 DAYS, THEN THAT OPTION GOES AWAY, AND THEY CAN DEAL WITH IT. THAT'S IN A NUTSHELL HOW THE CONTRACT

READS. >> I CAN ONLY STRIKE THE -- I DON'T CARE WHO RUNS THAT GYM, BUT I NEED TO SEE KIDS IN IT ALL THE TIME , AND I DON'T KNOW IF KIDS ARE GOING TO AFFORD TO RENT IT. I DON'T SEE A LOT OF ACTIVITY GOING ON OVER THERE. I DON'T HOLD THAT AGAINST THE CURRENT BOARD, BUT I KNOW MY KIDS PLAYED IN IT. I PLAYED IN IT. WE ALL PLAYED IN IT. IT WAS IN A LOT WORSE SHAPE THAN IT IS NOW. Y'ALL, I MEAN, Y'ALL HAVE DONE AN OUTSTANDING JOB WITH IT. IT'S JUST OUTSTANDING. BUT I DON'T KNOW HOW WE GET -- I DON'T KNOW HOW WE GET THAT RING -- THING TO SERVING OUR KIDS. AND I, I, THE WEIGHT THE LACK OF PARKING AND THE LOCATION, I DON'T KNOW HOW IT'S USED FOR OTHER THAN JUST A SERVICE ASPECT TO THE COMMUNITY, AND I DON'T KNOW HOW YOU CAN AFFORD TO DO THAT WITHOUT TAX DOLLARS TO FUND IT. SO I, I, I, I DON'T KNOW THE ANSWER TO ALL OF THIS. THAT'S WHY YOU SMART PEOPLE ARE IN THE ROOM. BUT I REALLY WANT TO GET IT TO WHERE I SEE, WHERE, WHERE KIDS GOT A PLACE TO GO IN THE SUMMER. AND I KNOW THAT'S WHAT

[03:00:02]

>> OKAY, SO WHAT I'M HEARING IS, IS IF WE SAID, OH, WE DON'T WANT TO TAKE IT, IT'S GOING TO GO BACK TO, IT'S GOING TO STAY WITH THE BOARD, THEY'RE NOT GETTING AC FROM 4B

UNLESS -- >> AT THIS POINT. IT WOULD HAVE

TO GO BACK TO CAPITAL -- >> SAY IT AGAIN? THAT'S -- RIGHT. THEY WOULD HAVE TO -- YEAH.

>> THEY WOULD HAVE TO MAKE A NEW MOTION.

>> SURE. OKAY. AND THEN -- >> WE HAVE THE COMMON FRONT OF YOU GUYS -- THE AMOUNT OF MONEY.

>> SURE. >> WE GOT --

>>

>> MANY MONTHS AGO, FROM A VERY GIVING PERSON. SO I DON'T KNOW WHAT IT WOULD COST, IF IT'S ANYTHING.

>> OKAY. >> AN AC SYSTEM.

>> AND THEN I'M READING, OBVIOUSLY, I SEE THE INITIAL COST THAT YOU PUT TOGETHER, HEATHER, BUT THEN ONGOING ASSUMPTIONS WOULD BE 118-ISH, KNOWING THAT THAT'S STILL, I

MEAN -- >>.

>> WE'RE DEALING WITH THE BUILDING WE'VE BEEN IN TWICE.

>> SO WE DON'T KNOW WHAT'S GOING TO HAPPEN IN THERE. I MEAN, THIS IS, THIS IS AN OLD BUILDING. IT'S BEEN FIXED UP, IT LOOKS GREAT, BUT THE MAINTENANCE IS ALWAYS GOING TO BE IN QUESTION. AGAIN, THIS IS A BEAUTIFUL BUILDING. I THINK IT CAN BE GREAT FOR THE COMMUNITY. I THINK THEY'RE DOING A GREAT JOB THAT IT'S OPEN AND THEY BROUGHT IT TOGETHER, BUT IT IS, IT'S GOING TO BE EXPENSIVE.

>> WHAT ABOUT -- >> GO AHEAD. NO, YOU GO AHEAD.

HEARD THERE'S SOME AMAZING STAFF. I REALLY HAVE. I'VE HEARD THAT. SO IS THAT, LIKE -- ARE THEY TRANSFERABLE? LIKE,

HOW'S THAT WORK? >> NOT AT THE SAME PRICE.

>> NO. THEY, THEY HAVE A STAFF THAT'S WORKING FOR, JUST, NOTHING THAT WE WOULD EVEN BE ABLE TO REMOTELY TOUCH WITH, WITH MAKING OUR OWN CHILDREN COME DO THE JOB FOR FREE.

>> HAVE YOU PUT THAT IN YOUR NUMBERS, THOUGH?

>> OUR NUMBERS, WE INCLUDED, WE'D HAVE TO HAVE EIGHT TO 10 PART-TIME STAFF MEMBERS. HAVING TWO STAFF MEMBERS AT ALL TIMES ON-DUTY. BECAUSE WHEN WE OPEN A CITY FACILITY, WE'VE GOT MULTIPLE ROOMS AND THINGS IN THERE, AND AS SOON AS WE DO THAT, PEOPLE CAN WALK IN THE OTHER ROOM AND SOMETHING, AND WE'RE LIABLE. THEY WORK UNDER A DIFFERENT PREMISE. SO, I MEAN, YES, THEY'RE LIABLE, BUT IT'S NOT THE SAME AS THE CITY.

PEOPLE AREN'T OUT, QUICKLY OUT TO SUE THEM IMMEDIATELY.

>> SO TWO MORE THINGS REALLY QUICK. I, I LOOK AT THIS, AND IT MAKES ME EXCITED WHEN I KNOW WHAT OUR FINANCES LOOK LIKE ON THE CONFERENCE CENTER AND THE SENIOR CITIZEN CENTER. IT DOESN'T COMPARE, AND TO ME, THE ROI ON THIS IS, LIKE, WAY BETTER. SO I, IT MAKES ME EXCITED, BUT I CAN ALSO HEAR, IN YOUR, IT DOESN'T SEEM LIKE YOU'RE VERY EXCITED. SO --

>> I, I'M, I'LL BE COMPLETELY TRANSPARENT.

>> PLEASE. HOPEFULLY I'LL STILL HAVE A JOB AFTER THIS.

>> IN ALL HONESTY, IT'S A GREAT BUILDING, AND IT, IT DOES PROVIDE SOMETHING FOR THE COMMUNITY. IT IS NOT A RECREATION CENTER. IT WILL NEVER BE. THAT'S, IT'S, IT WILL NOT MANDATE IT. IT WILL PROVIDE SOMETHING . WHEN, WHEN I TELL YOU, HONESTLY, MY FIRST REACTION WAS, OH MY GOSH, I DON'T WANT THAT. MY SECOND REACTION WAS, THAT'S VERY EXCITING, WE COULD PROGRAM THAT AND DO ALL SORTS OF STUFF FOR THE COMMUNITY! SO I'M, I'M TALKING. I'M UP HERE GIVING YOU SOMETHING THAT I SAY , THAT'S AMAZING, IT COULD BE GREAT, AND WE COULD DO SOME, SO MANY GOOD THINGS FOR THE COMMUNITY! AT THE SAME TIME, I'M THINKING, THAT IS GOING TO COST A FORTUNE. THE AMOUNT OF STAFFING WE'RE GOING TO HAVE TO HAVE TO MAKE SURE IT'S A SAFE SITUATION. IT'S FRIGHTENING. SO, AND SO JUST AS JENNY SAID, THEY DIDN'T ASK TO GIVE IT AWAY, AND WE DIDN'T ASK TO TAKE IT, BUT AT THE END OF THE DAY, I WILL DO WHAT I'M ASKED, AND WE WILL DO THE BEST WE CAN WITH WHATEVER WE HAVE. SO THAT'S WHY WE COME TO YOU, BECAUSE Y'ALL ARE SPEAKING WITH THE COMMUNITY, THE PEOPLE THAT VOTING YOU IN, SO IF YOU'RE HEARING THINGS ABOUT THAT, WE'RE, WE'RE READY TO GO ANY ROUTE THAT WE NEED TO GO, AND AGAIN, EXCITING, SCARY AT THE SAME TIME.

>> BUT CONFIRMING, IN THE BUDGET, YOU HAVE INCLUDED ENOUGH STAFF TO -- THIS ISN'T GOING TO, LIKE, OVERLY SWAP

YOUR CURRENT TEAM. >> MY CURRENT TEAM CANNOT DO THAT IF AT ALL. THEY WILL NOT BE IN THIS BUILDING. YES. THE

[03:05:05]

BUT THEY'LL ALL OVERLAP 30 MINUTES TO MAKE SURE, YOU KNOW, WHEN YOU'RE, WHEN YOU'RE TALKING ABOUT STAFF LIKE THIS, WE'RE USUALLY TALKING ABOUT YOUNGER PEOPLE WHEN THEY GET OUT OF SCHOOL, WHEN THEY DO STUFF, WHEN THEY, YOU KNOW, THAT WHEN YOU LOOK AT TYPICAL RACK ASSISTANCE, THEY'RE, THEY'RE YOUR YOUNGER CROWD THAT'S GOING TO COLLEGE, OR THEY'RE AT HOME MOMS, OR WHATEVER'S GOING ON. BUT THAT GROUP, WE HAVE TO MAKE SURE WE COVER IT IN CASE SOMEBODY

DOESN'T SHOW UP. >> IS THAT A UNANIMOUS VOTE ON THE AIR CONDITIONING THING WITH THE MCDC? JENNY, DO YOU

REMEMBER? >> IT WAS. IT, IT WAS, IT WAS UNANIMOUS ON THE VOTE THAT THE CITY -- IT WAS 6-1.

>> 6-1? >> YEAH.

>> GO AHEAD. >> THERE WAS ONE WITH A BIG CAVEAT. ONE VOTED TO JUST APPROVE OUR GRANT STRAIGHT OUT.

YOU'RE SHOWING YOUR, 29,000, IS THAT INCLUDING THE FULL UTILIZATION OF THE MIDLOTHIAN BASKETBALL --

>> THAT'S THE BASKETBALL LEAGUE. FROM, FROM NUMBERS WE HAD RECEIVED FROM THE FIRST YEAR ON THEIR INCOME, THAT'S, THAT'S THE NUMBERS WE HAD. SO WE INCLUDED THAT.

>> THAT'S BASED ON THE CURRENT CONDITION OF NOT HAVING AIR CONDITIONING FOR OVER HALF THE YEAR. SO THEORETICALLY, WE COULD DOUBLE, WE COULD DOUBLE THAT, AT LEAST IN RENTAL FEES.

I MEAN, IS THAT FEASIBLE? IS THAT, YOU KNOW --

>> THERE'S A LOT OF PEOPLE THAT WANT TO COME --

INDISCERNIBLE - LOW VOLUME ] >> AND WHAT, RIGHT NOW, THIS IS JUST BASKETBALL FEES. ARE THERE OTHER, DO YOU HAVE OTHER RENTAL

OPPORTUNITIES? >> THESE AREN'T OUR NUMBERS.

>> YES. THEY DO RENT OUT, I KNOW CURRENTLY THEY RENT OUT THE ROOMS. I JUST HAD A PARTY THERE FOR A FRIEND, SO.

>> THE REASON I'M ASKING THESE QUESTIONS IS I'M LOOKING AT, RIGHT NOW, WE HAVE A DELTA IN UNCOVERED COSTS FOR THE AVERAGE RUN, NOT THE FIRST YEAR, BECAUSE THAT'S GOING TO INCLUDE THE AIR CONDITIONING OF $118,000 CURRENTLY. AND SO I'M LOOKING AT, IF WE'RE UTILIZING THIS WITH THE AIR CONDITIONING FOR A GREATER PART OF THE YEAR, WHAT WOULD THE ACTUAL COST TO THE CITY BEAT TO UTILIZE THIS? AND THEN MY FOLLOW-ON WOULD BE, IS THIS, WOULD WE BE ABLE TO FUND THIS UNDER THE GRANT, OR, NOT THE GRANT, BUT THE BOND THAT WE HAVE IN PLACE FOR THE RECREATION CENTER? WOULD THAT BE --

>> WE, WE CAN'T. >> I THINK THAT RECREATION CENTER, IT WAS PRETTY DESCRIPTIVE IN THE LANGUAGE OF WHAT THAT FACILITY PROVIDED, AND IT WASN'T JUST A GYM.

>> BUT, I MEAN, AS A PORTION OF THAT, WE COULD NOT USE THIS AS EVEN A PORTION OF FULFILLMENT?

>> I THINK IT WOULD BE DIFFICULT, BECAUSE THAT WAS REALLY FOR CAPITAL EXPENSES AS WELL, NOT OPERATIONS.

>> CLARIFIED BY -- WE HAVE $200,000 IN HERE FOR THE HVAC,

BUT THAT WOULD BE FROM MCDC . >> NO.

>> WE DON'T. >> WE DON'T KNOW. NO. THAT, IF, IF THEY TURNED IT OVER TO US, THEY DID SAY, YES, WE WOULD PAY FOR THE AC. THEY WOULD STILL GO TO THE COMMITMENT OF WHAT THEY VOTED FOR THE LAST TIME.

>> CAN I MAKE A STATEMENT REAL QUICK?

>> BUT WE PUT IT IN THERE NOT KNOWING.

>> I WANT TO SAY, FOR ME PERSONALLY, I'M HAVING A HARD TIME MAKING THIS DECISION BECAUSE I FEEL LIKE NOT ALL OF THE PARTIES HAVE FULL PRIVY TO ALL OF THE INFORMATION, HENCE THAT, FOR ME TO VOTE YES TO SUPPORT THIS, I WOULD NEED ASSURANCE FOR WE BOARD PLANS TO FUND THE OPERATIONS OF IT, AND THEY NEED TO KNOW THAT. SO I WOULD MUCH RATHER US HAVE A JOINT WORKSHOP WITH THE B BOARD TO DISCUSS, BECAUSE IF THEY KNOW, WELL, WE'RE GOING TO BE COMING AFTER US FOR $118,000 A YEAR MINIMUM, THEY MIGHT JUST PREFER TO PAY THE ONE-TIME

$189,000 . >> WELL, MAYOR, THE OTHER THING I GOT ON MY MIND IS, AND I DON'T WANT TO STEP OUT OF BOUNDS AND EVEN TRIED TO CUT ACROSS THIS OVER TO A REC CENTER. WE HAVE A $90 MILLION BOND FOR THE REC CENTER, GUYS.

THE REC CENTER CAN GET BUILT RIGHT NOW. LET'S JUST DROP THE ATOM BOMB IN THE ROOM. THAT'S NOT ENOUGH MONEY. AND WE'RE SITTING HERE TALKING ABOUT $180,000 VERSUS $19 MILLION, AND THAT WILL SERVE AS THE REST CENTER. BUT THIS IS PENNIES ON THE DOLLAR. YOU GET THIS BUILDING AND INCORPORATE --

>> I AGREE, AND THAT WAS THE DIRECTION I WAS GOING. I

[03:10:04]

>> BUT CAN I JUST ASK A QUESTION?

>> CAN I ASK ABOUT THE 8000? >> SO, OKAY, BECAUSE DOWN HERE ON THE OTHER ITEMS AND NOTE, IF YOU LOOK AT THE BOTTOM OF IT, THIS WAS THE QUESTION I HAD A WONDERFUL UTILIZATION OF THE GYM. THEY'RE SAYING THE TOTAL REVENUE WOULD BE UNDER $110,000. SO THAT WOULD TAKE A $41,000-$110,000, WITH THE ESTIMATED ANNUAL NET OF $118,000, SO LEAVING, LEAVING $8215 DELTA BETWEEN THE REVENUE AND THE EXPENDITURE.

>> INVESTORS GIVEN THE ASSUMPTION IT'S $50 AN HOUR.

>> THAT'S WONDERFUL UTILIZATION, AND THAT SAYING THAT WE HAVEN'T THOUGHT OUTSIDE THE BOX TO BRING IN, LIKE, A NIGHTTIME LEAGUE OR SOMETHING LIKE THAT THAT COULD

ALSO -- >>

] >> THAT'S SOMETHING. SO SOMETHING I WAS GOING TO BRING UP, SO I'VE PROBABLY SPENT MORE TIME IN THIS GYM THAN ANY ONE PERSON IN THE ENTIRE CITY

IN THE LAST TWO YEARS, SO. >> I'LL GIVE YOU THAT. LAST

TWO YEARS. >> YEAH, YEAH. NOT BEFORE THAT, NOT BEFORE THAT, BUT RECENTLY. SINCE THE RENOVATIONS HAVE BEEN MADE. AND I KNOW THE LEVEL OUR CITY, ANY, ANY FACILITY WE HAVE THAT WE HAVE TO KEEP IT TO IN ORDER TO UTILIZE IT AS A PUBLIC FACILITY. WE ARE GOING TO HAVE TO PUT SIGNIFICANT MONEY INTO THAT BUILDING BEFORE THE CITY'S GOING TO OPEN IT AS A CITY FACILITY. I KNOW THAT'S NOT ON THE PAPER, BUT THERE'S A LOT OF THINGS, AND I COULD WALK AROUND THE BUILDING WITH MY EYES CLOSE AND I CAN TELL YOU WHERE THE HOLES ARE IN THE WALLS AND WHERE THE SQUIRRELS COME IN AND ALL THAT KIND OF STUFF. AND SO, RIGHT. AND SO MY POINT IS, I, I DON'T PERSONALLY HAVE AN OPINION ONE WAY OR ANOTHER. I THINK IF THE CITY HAD IT, IT WOULD BE GREAT, A GREAT ASSET. I THINK THE BOARD'S DONE A PHENOMENAL JOB, SPECIFICALLY TO WHAT, I THINK ANNA MENTIONED, CATHERINE IS PHENOMENAL. AND HAS DONE A GREAT JOB WITH IT. I JUST WANT, I JUST WANTED TO MAKE THE COMMENT FOR COUNCIL THAT I THINK THERE ARE GOING TO BE SOME OTHER THINGS THAT, WHEN WE GET READY TO OPEN IT, THAT HEATHERS WENT TO GO IN THERE AND ASSESS AND SAY, OH, WE GOT TO PUT MONEY HERE AND THERE. AND THERE MIGHT BE A LITTLE BIT MORE. I MEAN, IT'S NOT GOING TO BE THE $19 MILLION OR ANYTHING LIKE THAT, BUT THERE'S GOING TO BE SOME THINGS THAT THE CITY'S GOING TO REQUIRE TO SAY IF IT'S A CITY BUILDING, WE HAD TO HAVE IT, WHEREAS THE PRIVATE ENTITY BOARD THAT DOES A GREAT JOB WITH IT RIGHT NOW FROM THE EXPERIENCE I'VE HAD SERVING OVER THERE, THEY HAVE, THEY DO NOT HAVE THOSE REQUIREMENTS. DOES THAT MAKE SENSE? I JUST WANTED TO -- I JUST WANTED TO MAKE THAT, MAKE THAT --

>> BUT BOTH WAYS, THERE'S BENEFITS TO BOTH. SO I DON'T

HAVE A STRONG -- >> I MEAN, WE'VE GONE DOWN, LIKE, 30,000 YOU. I WANT TO GO BACK UP TO 60 REAL QUICK. MY IS MORE OF A POLICY QUESTION THAN WHETHER OR NOT TO DO THIS. I JUST FEEL IN A WEIRD POSITION. I MEAN, I THINK IT WOULD BE GREAT TO BETTER THE CITY. I DO. BUT I FEEL PUT IN A POSITION THAT WE BASICALLY HOSTILITY TOOK OVER. I MEAN, THAT'S WHAT HAPPENED. WE SAID WE'RE GOING TO -- AND SO, LIKE, I, I WANT TO -- DON'T MISUNDERSTAND WHAT I'M SAYING. DON'T MISUNDERSTAND WHAT I'M SAYING. I WOULD LOVE IT IF IT WAS UNDER THE CITY, AND I WOULDN'T MIND IF THEY KEPT IT EITHER. BUT I DO FEEL IN A WEIRD POSITION THAT WE BASICALLY SAID, GIVE US THE GYM OR WE'RE NOT GOING TO GIVE YOU --

>> WE DIDN'T SAY THAT. WE DIDN'T SAY GIVE US THE GYM.

AND IT WAS KIND OF A MOTION, SO.

>> I'M NOT SAYING -- IS THE MOTION. THE DEAL HERE IS IS THE USE OF -- AND I DON'T TAKE ANYTHING AWAY FROM WHAT THEY'VE TRIED TO ACCOMPLISH, WHICH IS OUTSTANDING. BUT WHAT I HAVE TO SEE IS, IS THAT THAT FACILITY IS GETTING USED ALL THE TIME.

AND, AND, AND IT DOESN'T MATTER TO ME HOW IT GETS PAID FOR, WHO IS DOING IT, BUT IT, UNLESS THE CITY CAN GET ON BOARD WITH THEM THROUGH 4B OR WHATEVER THAT FINANCIAL IS GOING TO BE TO HELP FUND IT , IF THE 4B CAN'T GET ON BOARD,

[03:15:02]

TAKE ACTION. >> IF 4B DOESN'T GET ON BOARD,

HOW ARE WE GOING TO OPERATE IT? >> I WANT TO SAY SOMETHING TO THAT, MAYOR. YOU LOOK AT ROCKETS. YOU LOOK AT THE NATION, THE NATION'S DEFENSE INDUSTRY. WHO DOES IT BETTER, THE PRIVATE SECTOR OR THE PUBLIC SECTOR? I'M NOT IN FAVOR OF THE CITY TAKING THIS OVER. 99% OF THE TIME, CITY, WHETHER IT BE CITY, STATE, OR THE FEDERAL GOVERNMENT, WILL NOT HANDLE A BUSINESS, OR A, A PROFIT DRIVEN ITEM LIKE THIS BETTER THAN THE PUBLIC SECTOR. NASA SPENDS BILLIONS TO SEND THESE ROCKETS TO SPACE, WHERE SPACEX AND OTHER COMPANIES SPEND MERE $8 MILLION, $10 MILLION TO DO THE SAME THING.

OUR DEFENSE INDUSTRY, ALL OF OUR HELICOPTERS, ALL OF OUR AMMUNITION, ALL OF OUR WEAPONS, OUR GOVERNMENT MAKES NONE OF IT. WHY? IF THEY DID, IT WOULD COST 100 TIMES MORE THAN IT ALREADY DOES. FOR THE CITY TO TAKE THIS OVER, I THINK, IS A HUGE, HUGE MISTAKE, AND I DON'T CARE WHAT THE NUMBERS ON PAPER SAY. IF WE TOOK THIS OVER TODAY, THEN IN THE NEXT FIVE YEARS, WE WOULD END UP SPENDING OVER $1 MILLION ON THIS GYMNASIUM, AND IT WOULD BE A NEGATIVE ITEM ON THE BUDGET OF HUNDREDS OF THOUSANDS OF DOLLARS A YEAR, IN MY OPINION, TO RUN IT AND UPKEEP AND INSURANCE AND ALL THE ABOVE.

>> TO MY POLICY QUESTION I GET WHAT YOU'RE SAYING. I WANT TO FIGURE OUT HOW TO GET KIDS IN THERE TOO. THE QUESTION I HAVE IS IT A BETTER RATE OF RETURN FOR US TO GET THE MONEY, HOWEVER THAT LOOKS, 4B OR US, AND LET THEM RUN IT, OR IS IT A BETTER RETURN FOR US TO TAKE OVER EXIT AND THAT'S THE PART I'M, I'M GETTING A LITTLE STUCK ON.

>> WE NEED TO HAVE A WORKSHOP.

>> THAT'S WHAT I WANT TO DISCUSS. A WORKSHOP.

>> WE'RE JUST FOLLOWING A GRANT AROUND.

>> YOU HAVEN'T DONE ANYTHING WRONG. SO I'LL, I'LL, UNLESS THERE'S OTHER COMMENTS, I'LL MAKE THE MOTION THAT WE TABLE THIS INDEFINITELY WITH A JOINT WORKSHOP.

>> INDEFINITELY MEANS WE WON'T GET A NICE SAVE, BUT. DOES THE INDEFINITE PART MEANS THERE'S NO AC AND THIS COULD GO ON FOR

YEARS? >> WHAT DO WE MEAN BY

INDEFINITE? >> YEAH --

>> THIS IS NO ACTION REQUIRED. IT'S JUST DISCUSSION.

>> BUT YOU'RE GOING TO -- >> WE WILL. WE WILL. YES. IT'LL

HAPPEN. >> THANK YOU.

>> OKAY. THAT ITEM, THAT ITEM IS CLOSED UNTIL WE CAN HAVE A

[2024-076]

REQUEST CAME IN OVER THE PAST SEVERAL MONTHS BY A LOCAL DEVELOPER THAT WE DIDN'T WANT A LOT OF OUR DEVELOPMENT TAKING PLACE ON A ROAD CALLED OLD FORT WORTH ROAD, AND RENAME IT. AND I SEE THE POINT OF THAT. SO THIS IS THE, THIS IS KIND OF THE EASY PORTION OF OLD FORT WORTH TO DEAL WITH RIGHT NOW, SO IT'S BETWEEN 287 AND WARD ROAD. RIGHT NOW, THERE ARE NO OFFICIAL ADDRESSES OFF THIS ROAD OTHER THAN THIS GAS PLANT RIGHT HERE. SO THE ONLY THING THAT WOULD NEED TO CHANGE THEIR ADDRESS AS A GAS PLANT. AS SOON AS YOU HIT WARD ROAD, NORTH WARD ROAD HERE, EVERYTHING TO THE WEST OF HERE IS IN THE COUNTY. THERE'S 20 TO 30 HOMES ON THAT. SO CHANGING, NUMBER ONE, CHANGING THAT IS NOT, WE'RE NOT THE ENTITY THAT WOULD CHANGE THAT, THE NAME OF THAT ROAD. NUMBER TWO, WE'RE AFFECTING A LOT OF ADDRESSES ON THAT, A LOT OF SINGLE FAMILIES. SO OUR RECOMMENDATION, IF THE COUNCIL CHOOSES TO DO THIS, IT'S JUST CHANGE THE NAME OF THIS PORTION OF OLD FORT WORTH ROAD BETWEEN 287 AND WARD ROAD HERE TO WEST MAIN STREET. IT'S ALREADY WEST MAIN STREET RIGHT HERE WHERE THE FIRE DEPARTMENT IS, JUST CONTINUE THAT ON THE BLOCK RAINED OUT ALL THE WAY TO NORTH WARD ROAD. SO WITH THAT, I'LL

ANSWER ANY QUESTIONS. >> I'M ASSUMING THE COST IS

MINIMAL. >> YES, THERE'S NO HIGHWAY SIGNS ON 287, SO NO TXDOT SIGNS. WE PROBABLY, I'M SURE WE HAVE A SIGN HERE AT NORTH WARD ROAD, MAYBE A CROSSROADS HERE, SO RIGHT NOW IT'S JUST SMALL, NORMAL ROAD SIGNAGE.

>> SO THE, THE ONE ADDRESS THAT WOULD BE REQUIRED TO UP, YOU KNOW, CHANGE ALL OF THEIR INFORMATION --

>> YES SIR. >> IS THAT THE APPLICANT

THAT'S REQUIRING THIS? >> NO. THE APPLICANT IS, IT'S KIND OF A, IT'S NOT, THIS ISN'T REALLY THE APPLICANT HOME ZONE. IT'S JUST, IT WAS THE --

>> OKAY, BUT THE EXISTING, THE EXISTING -- I'LL SAY BUSINESS, NOT RESIDENCE. HAVE THEY COMMENTED ON THIS?

[03:20:04]

>> WE HAVE NOT CONTACTED THEM. IT'S A GAS OIL COMPANY. THEY HAVE PROBABLY THOUSANDS OF GAS WELLS BETWEEN HERE AND --

>> SO, I MEAN, I'VE BEEN, ACTUALLY BEEN THROUGH THIS VERY EXPERIENCE. I HAD AN ADDRESS ON MY BUSINESS CHANGE. THEY CHANGED IT BACK, THANKFULLY, BECAUSE IT IMPACTED LICENSING, IT IMPACTED BANK ACCOUNTS, IT IMPACTED EVERYTHING. I COULDN'T SEE, ESPECIALLY IF THAT IS A GAS, AND THERE'S LEASE, GAS LEASES ON THIS, IT COULD BE IMPACTING, YOU KNOW, THAT CUSTOMERS, OR THAT BUSINESS SEVERELY. I DON'T UNDERSTAND, I DEFINITELY DO NOT SUPPORT FORCING THESE RESIDENTS OUT THERE TO, TO HAVE TO CHANGE THEIR HOME ADDRESS.

>> THAT'S NOT THE ASK. >> YEAH. BUT I JUST DON'T, I'M JUST GOING TO GO ON THE RECORD AND SAY I DON'T SEE THE

VALUE IN IT. I DON'T -- >> OKAY.

>> I FEEL LIKE IT WOULD BE AN IMPOSITION ON THE ONE --

>> I'M JUST GOING TO SECOND IT. I THINK IT'S SILLY. WE CAN

JUST MOVE ON. >> PERSONALLY, I LIKE IT. I THINK THAT IT'S AN EXTENSION OF OUR MAIN STREET. IT OPENS UP THAT SECTOR. IT'S PART OF MAIN STREET. SO I PERSONALLY LIKE

IT. COMMENT, OTHER COMMENTS? >> BUT IT WOULD BE CALLED WARD

AND NOT MAIN STREET. >> NO, IT WOULD BE CALLED RAIN

MAIN STREET. >> YEAH, THE RECOMMENDATION IS TO CALL THIS MAIN STREET TO THE WARD ROAD-MAIN STREET

INTERSECTION. >> I THOUGHT YOU WERE CHANGING

THAT TO BE WARD ROAD. >> NO SIR.

>> YOU'RE CONTINUING WEST MAIN TO WHAT WOULD BE WARD ROAD.

ANYWAY. DO I HAVE A MOTION? >> I MOTION TO APPROVE.

>> SECOND. >> MOTION TO APPROVE FROM HAMMONS, SECONDED BY HARTSON. PLEASE VOTE. ONE, TWO, THREE, FOUR. MOTION PASSES. YOU CHANGE YOUR VOTE?

>> NO, I DIDN'T. >> FOUR. PASSES BY FOUR.

HAMMONS, RODGERS, COFFMAN, AND HARTSON. ALAN, AND -- THERE

YOU GO. >>

* This transcript was compiled from uncorrected Closed Captioning.