2nd AMENDED AGENDA CHANGE OF MEETING LOCATION 09-20-2024  VA  NOTICE OF THE City Council - Special Meeting  The City Council for the City of Simonton, Texas, will hold its City Council Special Meeting on September 24, 2024 at 6:001 PM at Simonton Community Church, 9703 FM 1489, Simonton,  TX 77476, for the purpose of considering the following:  1. 2. 3.  Call to Order Invocation and Pledge Public Comments  In accordance with Texas Open Meetings Act and Texas Government Code 551.007, City Council may not discuss or take action on any item NOT listed on the Agenda. Each member of the public wishing to speak must. sign prior to the meeting and is limited to 3 In accordance with the City Council's Adopted Resolution 2023-01, Conduct of Meeting for Council and Public Comments, all attendees are respectfully reminded of the City  minutes.  Council's commitment to decorum and mutual respect.  4. Consider and take action on the Consent Agenda  Items listed under the Consent Agenda are considered routine and are generally enacted in one motion. The exception. to this rule occurs when a Council. Member requests one or more items removed from the Consent Agenda for separate discussion and action. a. Draft City Council Meeting Minutes of September 16, 2024 Special Meeting. b. Draft City Council Meeting Minutes of September 17, 2024 Regular Meeting. a. Discussion regarding the public's misconception of the Approved Budget. b. Discussion and action to approve the 2024-2025 Ad Valorem Tax Rate (Record Vote). 1. Maintenance & Operations portion oft the 2024-2025. Ad' Valorem Tax Rate (Record 2. Debt Service portion oft the 2024-2025 Ad Valorem Tax Rate (Record Vote). Discussion and action to approve Ordinance 2024-07 - An Ordinance of the City of Simonton to adopt and levy the 2024-2025 Ad Valorem Tax Rate of $0.21 per $100  5.  New Business  Vote).  dollars of valuation (Record Vote). d. Budget Adjustment FY 2023-2024. Adjourn tol Executive Session Reconvene to Open Session  6. 7. 8.  Section 551.071- Consultation with. Legal Counsel  Consider and take action resulting from Executive Session.    9.  Reports a. Mayor b. City Attorney C. City, Staff d. City Council 10. Next City Council Meeting  I, the undersigned, City Secretary of the City of Simonton, do hereby certify that on September 20, 20241 I posted at true and correct copy oft the above and following notice ofthe Special Meeting of the City of Simonton Council to be held on September 24, 2024 at 6:00 p.m. at Simonton Community Church, 9703 FM 1489, Simonton, TX 77476, which posting was done not less than  Séventy Wo 1/  hourspriort to-the date fixed for said meeting.  /  Nanci Mohr, City Secretary  The City/Council may hold an Open or Closed meeting by telephone conference call if an emergency or public necessity exists within the meaning of Section 551.045 oft the Open Meetings Act, and the convening at one location ofa quorum oft the City Council is difficult or impossible. The City Council may convene into executive session on any matter related to any of the above agenda items for aj purpose, such a closed session is allowed under Chapter 551, Texas Government Reasonable accommodation, for persons with disabilities attending this meeting will be available. Persons with disabilities in need of special assistance at the meeting should please contact the City Secretary at 281-533-9809 Agendas are posted on the City Website at http:!!  Code.  simontontexas.gov.    Minutes  City Council - Special Session Meeting - Budget Workshop #5 and Public Hearing  CITY OF SIMONTON September 16, 2024  This is a true and correct copy of the Minutes of the City Council - Special Session Meeting = Budget  Workshop #5 and Public Hearing held on September 16, 2024 at 6:00 p.m.  1. Call to Order at 6:04 p.m.  A quorum was present with the following City Council Members in attendance:  Laurie Boudreaux, Kelli Matula, Courtney Cox, Faith Haley, Justin Boudreau, and Burns Turner  City Staff present: City Secretary Nanci Mohr Public Present: Dan McJunkin Kristi Smith Jennifer Vinton 2. Invocation and Pledge  A  Mayor Boudreaux gave the invocation.  Mayor Boudreaux led the assemblyint meplegeofAleglance.  3. Public Comments  Inc accordance with Texas Open Meetings Actand Texas Government Code 551.007, City Council may not discuss ortake actionon any item NOT listed on the Agenda. Each member oft the public Community, Member Kristi Smith spoke. toCity Council regarding her hopes for reasonable budgeting negotiations andptesented Mayor/Boudreaux with a trophy in appreciation for her hard  wishing to speak-must sign-upprior to the meeting and is limited to 3 minutes.  work. 4. Public Hearing a. b. C. 5. New Business  Mayor Boudreaux opened thel Public Hearing at 6:06 p.m. Public, Comments There were no speakers to address the City Council. MayorBoudreaux closed thel Public Hearing at 6:07 p.m.  a. Review of2024-2025 Proposed Budget  Mayor Boudreaux presented a PowerPoint detailing the property tax, sales tax, road maintenance and EDC percentages as they pertain to City revenues. The Mayor clarified that a Super Majority refers to Council's attendance for a vote (4 out of5 Council Members), whereas a Simple Majority Areview oft the proposed $0.29. ad valorem tax rate versus a $0.21 rate as itj pertains to the proposed budget commenced. Mayor Boudreaux asked if any additional fact-based information was requested. Mayor Boudreaux stated that zoning was a priority, and that zoning and road work  refers to the actual vote (3 out of5 Council Members).    cannot be completed if the ad valorem tax rate is set too low. Mayor Boudreaux stated that any "leftover" (unspent) funds go into the reserves and that ifn monies are needed to fund thel budget, the Council Member Kelli Matula stated that the City takes a huge risk of not generating enough revenue at a $0.21 ad valorem tax rate. Council Member Burns Turner stated that the City can be operated with a $0.21 ad valorem tax rate. A brief debate between Council Members Kelli Matula  monies come out oft the reserves.  and Burns Turner ensued.  b.  Adoption of the Budget Ordinance for Fiscal Year 2024-2025  Consider and take action to adopt Budget Ordinance No. 2024:06, 1 for Fiscal Year 2024-2025. Motion by Council Member/Pro Tem Courtney Cox to adopt her homemade" budget. At6 6:35 p.m., Mayor Boudreaux paused the Council meeting to consult with the City Attorney regarding this new development. At 6:49 p.m., Mayor Boudreaux returned and stated that the Council Council Member/Pro Tem Courtney Cox stated that the, budget can be amended if a City Administratoris) hired. Al lengthy discussion pucdreganingCoumcil Member/ProTem Courtney Cox's line-by-line proposed budget cuts. A1 brief debate procéeded regarding legal fees, $116,000 ofunspent funds from last yeara and how to generate roadworkfunds. Council Member Kellil Matula, upon observing the lack of a budget for Keep Simonton Beautiful (KSB), stated that KSB needs a Mayor Boudreaux reiterated Council Member/Pro. Tem Courtney Cox's Motion to adopt her Ayes: Council Member/Pro, Tem Courtney Cox, Counçil Member Faith Haley and Council  Meeting would continue.  budget and one that should be separatefrom other City funds.,  homemade budget. Council Member Faith Haley seconded the Motion.  Member Burns Turner  Noes: Counçil-Member KelliMatula and Council Member Justin Boudreau Not voting except in the eventofa a tie: Mayor Laure Boudreaux  Motion to adopt Council Member/Pro Tem Çourtney Cox's version of the budget at $0.21 passed.  C. The next City Council Special Meeting is on September 17,2024 at 6:00 p.m.  6. Adjourment  The Mayor adjourned the City Council Meeting at 7:17 p.m. without objection.  Respectfully submitted,  SIMO  Mayor Laurie Boudreaux  Nanci Mohr, City Secretary    Minutes  City Council - Regular City Council Meeting  CITY OF SIMONTON September 17,2024, 2024  This is a true and correct copy of the Minutes of the City Council - Regular Meeting of the Simonton  City Council held on September 17,2024 at 6:00 p.m.  1. Call to Order at 6:04 p.m.  A quorum was present with the following City Council Members in attendance: Laurie Boudreaux, Courtney Cox, Faith Haley and Burns' Turner Kelli Matula and. Justin Boudreau were: not present  City Staff present: City Secretary Nanci Mohr City Finance. Julie Watts Public Present:  Olson and Olson Attorney. Philip Boedeker  <  Dan McJunkin, Kristi Smith, Susan La Dart, Sheri Buck, JeffNelson, Kevin Malo, Mrs. and Mrs. Louis Boudreaux, Karen Sabrsula Long, Andrew Perry, Stacey.Gootee and Sarah Jordan  2. Invocation and Pledge  Mayor] Boudreaux gave thei invocation.  Mayor Boudreaux led the assembly int the Pledge of Allegiance.  3. Public Comments  Kristi Smith stated that as $0.21ad. valorem tax rate will cripple the City.  Susan. La Dartstâted that Simonton is a general law city and that City Council was: not permitted to Karen Sabrsula Long stated that a $0.21 ad valorem tax rate will cripple emergency management, Simonton. Economic Development Corporations A and B, and prevent roadwork, zoning and Andrew Perry prèsented pictures of roads desperately requiring repair and beseeched the Council Stacey Gootee asked the Council when was thel last time they looked at the City's Vision Statement. She stated that thet three Council Members who approved the $0.21 tax rate (Cox, Haley and' Turner) have not been through a flood and that she believes what they are trying to "push through" is a Sarah Jordan stated that she is embarrassed by Council's conduct in previous meetings. She requested the City Council to have fiscal responsibility, to think of the future and to please work  create their own budget per the Texas Government Code.  necessarytachnology. to get the roads fixed.  crime.  together.    4. Hearing to. Approve the 2024 Ad Valorem No New-Revenue Tax Rate of $0.21 per $100  d. Opened at 6:19p.m. b. Public comments  Susan La Dart commented that the Council does not have the Super Majority to approve $0.21 ad valorem tax rate. She commented that the vote should never have happened as we are a general law city and City Council is not permitted toj present their own budget(s). Andrew Perry stated that he was incredulous at the prospect ofa $0.21 ad valorem tax rate. He does not understand how roadwork or zoning are possible at thatrate. Kristi Smith questioned why We are considering Council Member/Pro Tem Courtney Cox's proposed budget. City Attorney Philip Boedeker stated that wè wère required to follow the Stacey Gootee stated that the City will require wo (2) more hearings to pass the new tax  agenda and that it was not appropriate to respond at this time.  rate.  Closed at 6:24 p.m.  5. Consider. and take action on the Consent Agenda  Items listed: under the Consent Agenda areconsidered routine andare generally enacted in one motion. The exception to this rule oecurshena Council Member-requests one or more items removed from the Consent Agenda for separate discussion and action. a. Draft City Council Meeting Minutes ofAugust 27,2024 Regular Meeting. b. Draft City Council Meeting Minutes ofAugust 27, 2024 Special Session Meeting. Draft City Couneil Meeting Minutes of September 3, 2024 Special Session Meeting.  d. Council Report, July 2024 Payment ReportTuly 2024, Year-to-Date Revenue and'Expense Report.  a. Daniy-Coundil.lstin, Minutesof August 27,2024 Regular Meeting Motion by Council Member Burns Turner to Approve (a) Meeting Minutes. Seconded by  Council Member/Pro Tem Courtnes Cox.  Ayes: Three. Noes: None.  Absent Kelli Matulaand Justin Boudreau Motion approved unanimously.  Present and-not-voting except in the event ofat tie: Mayor Boudreaux.  b. Draft City Council Meeting Minutes of August 27,2024 Special Session Meeting Motion by Council Member Burns Turner to Approve (b) Meeting Minutes. Seconded by  Council Member/Pro Tem Courtney Cox.  Ayes: Three. Noes: None.  Absent: Kelli Matula and Justin Boudreau Motion approved unanimously.  Present and not voting except in the event ofai tie: Mayor Boudreaux.    C. Draft City Council Meeting Minutes of September 3, 2024 Special Session Meeting Motion by Council Member/Pro Tem Courtney Cox to Approve (c) Meeting Minutes.  Seconded by Council Member Burns Turner.  Ayes: Three. Noes: None.  Absent: Kelli Matula and Justin Boudreau Motion approved unanimously. d. Council Report.July2024  Present and not voting except in the event ofa tie: Mayor Boudreaux.  City Finance - Julie Watts provided a detailed explanation of accounts payable, payroll allocations and fund accounting. Council Member/Pro Tem Courtney Cox questioned the delay in reporting time, to which Julie Watts responded that sheis'a.p part-time employee. Motion by Council Member Burns Turner to Approve (d) Council, Report. Seconded by  Council Member/Pro Tem Courtney Cox.  Ayes: Three. Noes: None.  Absent: Kelli Matula and Justin Boudreau Motion approved unanimously. e. Payment Report, July 2024  Present and not voting except in the event of a tie: MayorBoudreaux.  City Finance - Julie Watts provided detailéd explanation regarding fund accounting and Motion by Council Member/Pro Tem Courtney Cox to Approve (e) Payment Report.  explained that this isa asystem generatedreport. Seconded- by Council Member Burns Turner,  Ayes: Three. Noes: None.  Absent: Kelli Matula and Justin Boudreau Motion approved unanimously.  Present and: not voting except in the event of a tie: Mayor Boudreaux.  f. Year-to-Date Revenue and Expense Report  City Finance - Julie Watts provided a detailed explanation that the report reflects actual posted expenses. She stated that the information was entered, audited and complete. Motion by Council Member/Pro Tem Courtney Cox to Approve (f) Year-to-Date Revenue and  Expense Report. Seconded by Council Member Burns Turner.  Ayes: Two (Cox and Turner). Noes: One (Haley). Absent: Kelli Matula and. Justin Boudreau Motion approved unanimously.  Present and: not voting except in the event of ai tie: Mayor Boudreaux.    5. New Business  a. Discussion and action to approve $0.21 as the Maintenance & Operations portion of the b. Discussion and action to approve $0.000000 as the Debt Service portion of the 2024-2025 Discussion and action to approve Ordinance 2024-07, An Ordinance oft the City of Simonton to adopt and levy the 2024 Ad Valorem Tax Rate of $0.21 per $100 dollars of valuation  2024-2025 Ad Valorem Tax Rate (Record Vote). Ad Valorem Tax Rate (Record Vote).  (Record Vote).  d. Budget. Adjustment FY 2023-2024.  e. Discussion and action regarding Payment Report, June 2024.  Mayor Boudreaux stated that the City could not vote on items (a)-(c) above as the required 4- Mayor Boudreaux stated that Item (d) Budget adjustmentsas incomplète and thereforet tabled. City Finance - Julie Watts provided an explanation of fund accounting as it pertains to the June 2024 Payment Report. Motion by Council Member Burns Turner toapprove (e). June  out-of-5 Council Members were: not present. Items (a)-(c) were tabled.  2024 Payment Report. Seconded by Counéil Member/ Faith Haley.  Ayes: Three. Noes: None.  Absent: Kelli Matula and. Justin Boudreau Motion approved unanimously.  -   Present and not voting except in the èyent ofat tie: Mayor Boudreaux  6. Adjourn to Executive Session at 6:43 p.m.  Section 1.0714Consulation with. Legal Counsel 7. The City Council reconvened to Open Session at 7:30 p.m. No action was required from Executive Session.  8. Reports a Mayor - None b. Cily Attorney  City Attorney Philip Boedeker provided an explanation concerning the next steps regarding the ad valorem tax deadlines and the necessity for an additional City Council Special Meeting  within seven (7) days. , City Staff-1 None. d. City Council - None.  10. Next City Council Meeting is on September 24, 2024 at 6:00 p.m.  11. Adjournment  Mayor Boudreaux adjourned the City Council Meeting at 7:34 p.m. without objection.    Respectfully submitted,  SIMOI  Mayor) Laurie Boudreaux  Nanci Mohr, City Secretary    ORDINANCE NO. 2024-07  AN ORDINANCE OF THE CITY OF SIMONTON, TEXAS, APPROVING THE FISCAL YEAR 2024-2025 AD VALOREM TAX (DEBT) RATE AND LEVY OF $0.21 PER ONE HUNDRED DOLLARS ($100) OF ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OFT THE CITY AND APPROVING THE 2024-2025 AD VALOREM TAX MAINTENANCE AND OPERATION) RATE AND LEVY $0.21 PER ONE HUNDRED DOLLARS ($100) OF ASSESSED VALUTION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FORTHE ASSESSMENT, LEVY AND COLLECTION OF AD VALOREM TAXES OF THE CITY OF SIMONTON, TEXAS, FOR THE YEAR 2024- 2025 AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED; PROVING THE DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE; PROVIDING FOR PENALTY AND INTEREST ON ALL TAXES NOT TIMELY PAID; AUTHORIZING EXEMPTIONS; AND PROVIDING A REPLEALER  CLAUSE AND AN EFFECTIVE DATE.  WHEREAS, Section 26.05 of the Texas Property Tax Code provided that by October 1 or as soon thereafter as practicable, the governing body of each taxing unit shall adopt a tax  rate: for the current tax year;  WHEREAS, such Section further provides that where the tax rate consist of two components (one which will impose the amount of taxes needed to pay the unit's debt service and the other which will impose the amount of taxes needed to fund maintenance and  operation expenditures of the unit for the next year);  WHEREAS, the proposed tax rate for the current tax year of the City of Simonton, Texas, consists of two such components, a tax rate of $0.00 for debt service and a tax rate  of$0.21 to fund maintenance and operation expenditures; and  WHEREAS, a budget appropriating revenues generated by the collection of ad valorem for the use and support of the municipal government of the City of Simonton has been approved and adopted by the Simonton City Council as required by Title Four (4) Section 102.009 of the  Local Government Code; and  WHEREAS, it is necessary and appropriate for the City Council to adopt the 2024-2025  Tax Rate for the City of Simonton, Texas. SIMONTON, TEXAS, THE FOLLOWING:  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein and made a part hereof for all Section 2. All property subject to as valorem taxation by the City of Simonton, Texas, shall be equally and uniformly assessed for such purposes at One Hundred Percent (100%) oft the  purposes.    fairi market value ofs such property.  Section 3.  There is hereby levied for general purposes and use by the City of  Simonton, Texas, for the year 2024-2025 and for each year thereafter until otherwise provided, an ad valorem tax at the rate of $0.21 on each One Hundred Dollars ($100) ofassessed valuation on all property, real, personal, and mixed within the corporate limits upon which an ad valorem tax is authorized by law to be levied by the City of Simonton, Texas. All property subject to ad valorem taxation by the City of Simonton, Texas, shall be equally and uniformly assessed for such purposes at One Hundred Percent (100%) of the fair market value of such  property.  Section 4. For the purposes of paying the interest on bonds, warrants, certificates of obligation or other lawfully authorized evidence of indebtedness issued by the City of Simonton, Texas, including the various installments of principal due on serial bonds, warrants, certificates of obligation or other lawfully authorized evidence of indebtedness issued by the City as such installments shall respectively mature and for the purpose of repaying any sums borrowed in anticipation current revenues for use in the payment of 2024-2025 for the purpose of paying interest and making provisions for the sinking fund on such other bond issues, warrants, certificates of obligation, or other lawfully authorized evidence of indebtedness as may be authorized, there is hereby levied for the fiscal year 2024-2025 and for each year thereafter until otherwise provided, to be assessed and collected upon all property described in Section 3 of this Ordinance, an annual ad valorem tax at the rate of $0.21 on each One  Hundred Dollars ($I00)ofassessed valuation.  Section 5.  All ad valorem taxes levied hereby in the total amount of$0.21 on each  One Hundred Dollars ($100) of assessed valuation, as reflected by Section 3 and 4 hereof, shall be due and payable on or before January 31, 2025. All ad valorem taxes due the City of Simonton, Texas, and not paid on or before January 31 following the year for which they were levied shall bear penalty and interest as prescribed in the Property Tax Code of the State of  Texas.  All taxes shall become a lien upon the property against which assessed and the Tax Assessor/Collector for the City of Simonton, Texas, shall, by virtue of the tax rolls, fix and establish a lien by levying upon such property, whether real or personal, for the payment of said taxes, penalty and interest. The penalty and interest collected from such delinquent taxes shall be appropriated for the general fund of the City of Simonton, Texas. All delinquent ad valorem taxes related to penalties and interest for the tax years prior to 2024, that are collected curing Fiscal Year 2024-2025 shall be allocated to the general fund for maintenance and  operation ofthe City of Simonton, Texas.  Section 6. The following exemptions arel hereby authorized:  1. 2.  (HS) Homestead Local (065) Over 65    3. 4. 5. 6.  Local (48)  (DP) Disabled Persons Local (3) (AUTO)Lease Vehicles Ex (2)  (DV) Disabled Vet (5)(HB366) House Bill 366( (2),  Section 7. All ordinances and parts ofo ordinances in conflict herewith are, to the extent of such  conflict, hereby repealed.  DULYPASSED, APPROVED AND ADOPTED this  day of September, 2024.  Laurie Boudreaux, Mayor  ATTEST:  Nanci Mohr, City Secretary