AMENDED AGENDA 09-19-2024 NOTICE OF THE City Council - Special Meeting ofconsidering the following: The City Council for the City of Simonton, Texas, will hold its City Council Special Meeting on September 24, 2024 at 6:001 PM: in 35011 FM 1093, Simonton, Texas 77476, for the purpose 1. Call to Order 2. 3. 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 limitedto. 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 oft the Approved Budget. b. Discussion and action to approve the 2024-2025 Ad Valorem Tax Rate (Record Vote). 1. Maintenance & Operations portion ofthe 2024-2025. Ad' Valorem Tax Rate (Record 2. Debt Service portion of 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 to 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. CityStaff d. City Council 10. Next City Council Meeting I, the undersigned, City Secretary of the City of Simonton, do hereby certify that on September 19,20241 Ip posted a true and correct copy oft the above and following notice oft the Special Meeting of the City of Simonton Council to be held on September 24, 2024 at 6:00 p.m. at the Simonton City Hall, which posting was done not less than seventy-two (72) hours prior to the date fixed for Sepretary EEDr The Çity Council maybold an Open or Closed meeting by telephone conference call if an emergency, or public necessity exists within the meaning of Section 551.045 ofthe Open Meetings Act, and the convening at one location of a quorum of 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 forap 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-1 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 inattendance: Laurie Boudreaux, Kelli Matula, Courtney Cox, Faith Haley, JustinBoudreau, and Burns Turner City Staff present: City Secretary Nanci Mohr Public Present: Dan McJunkin Kristi Smith Jennifer Vinton 2. Invocation and Pledge Mayor Boudreaux gavet thei invocation." Mayor Boudreaux led the assembly in thePledge eofAllegiance. 3. Public Comments Inc accordance with Texas Open Meetings Actand! Texas Government Code 551.007, City Council may not discuss ortake action on any item NOTI listed on the Agenda. Each member ofthe public Community Member Kristi Smith spoke tos City Council regarding her hopes for reasonable budgeting negotiations and presented 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-o opened the Public Hearing at 6:06] p.m. PablicComments, There were no speakers to address the City Council. Mayor Boudreaux closed the 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 ofthe proposed $0.29 ad valorem tax rate versus a $0.21 rate as itj pertains to thej 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 thei reserves and that ifmonies are: needed to fund the 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 of the reserves. and Burns Turner ensued. b. Adoption oft the Budget Ordinance for Fiscal Year 2024-2025 Consider and take action to adopt Budget Ordinance No. 2024-06 for Fiscal Year 2024-2025. Motion by Council Member/Pro Tem Courtney Cox to adopt herhomemade" budget. At 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 Administrator is hired. A lengthy discussion ensuedregarding; Council Member/Pro Tem Courtney Cox's line-by-line proposed budget cuts. A brief debate procéeded regarding legal fees, $116,000 ofunspent funds from last year and1 how to generate roadwork-funds. Council Member Kellil Matula, upon obserying 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, Coungil Member Faith Haley and Council Meeting would continue. budget and one that should be separate from other City funds, homemade budget. Council Member Faith Haley, seconded the Motion. Member Burns Turner Noes: Counçl/-Member Kell-Matula and Council Member. Justin Boudreau Not voting except in the eventof a tie: Mayorl Laurie Boudreaux Motiontoadopt Council Member/Pro Tem Çourtney Cox's version oft thel budget at $0.21 passed. The next City Council Special.Meeting is on September 17, 2024 at 6:00 p.m. 6. Adjournment The Mayor adjourned the City Council Meeting at 7:17 p.m. without objection. Respectfully submitted, SIM MayorLauriel 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 theassembly int thel Pledge of Allegiançe. 3. Public Comments Kristi Smith stated thatas0.21ady yalorem tax rate.will cripple the City. Susan LaDart stated 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 Déyelopment 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. necessatrytechnology. 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 a. Opened at 6:19 p.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 wewère required toi follow the Stacey Gootee stated that the City will require two (2) more hearings to pass the new tax agenda and that it was not appropriate to respond at thistime. rate. C. 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 occurs whena Council Memberrequests one or more items removedj from the Consent. Agenda for sepdrate discuission 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 Council-Meeting Minutes of September 3, 2024 Special Session Meeting. d. Council Report, July 2024 Payment RéportJuly 2024 Year-to-Date Revenue and-Expense Report. a. DitchCoumilieting Minutesof August 27,2024) Regular Meeting Motion by Counçil Member Burns Turner to Approve (a) Meeting Minutes. Seconded by Council Member/Pro Tem Gourtney Cox. Ayes: Three. Noes None. Absent Kelli Matula and Justin Boudreau Motion approyed unanimously. Present and notyoting except in the event of a 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 int the event ofa 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, July 2024 Present and not voting except in the event of a tie: Mayor Boudreaux. City Finance - Julie Watts provided a detailed explanationof accounts payable, payroll allocations and fund accounting. Council Member/Pro Tem Courtney Cox questioned the delay ini reporting time, to which Julie Watts responded that shei isapart-time employee. Motion by Council Member Burns Turner to Approye (d) Council Report. Seconded by Council Member/Pro Tem Courtney Cox. Ayes: Three. Noes: None. Absent: Kelli Matula and Justin Boudreau Motion approved unanimously. . Payment Report, July 2024 Present and not voting except in the event ofat tie: MayorBoudreaux. City Finance - Julie Watts provided detailed explânation regarding fund accounting and Motion by Council Member/Pro Tem Courtney Cox to Approve (e) Payment Report. explained that this is a system generatedreport. Seconded by Council Member Burns Turner, Ayes: Three. Noesn None. Absent: KelliMatula and Justin Boudreau Motion approved unanimously, Present and not voting except int 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 ofat 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) Budgeta adjustmentayasi incomplete and therefore 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)y weretabled. 2024 Payment Report. Seconded by Council Member/ Faith Haley. Ayes: Three. Noes: None. Absent: Kelli Matula and Justin Boudreau Motion approved unanimously. à Present and not voting except in the eyent ofatie: Mayor Boudreaux 6. Adjourn to Executives Session at 6:43 p.m. Section 551.0714 Consulation 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 Mayor - None b. GityAttorney 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 sevèn (7) days. C. Cily Staff- None. d. City Council- -1 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, IMO 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 OFTHE 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 ALLTAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR THE ASSESSMENT,LEVY AND COLLECTIONOF 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 ANI 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 oft 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. fair 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 (S100)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 ($100)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 al 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 oft the City of Simonton, Texas. Section 6. The: following exemptions arel hereby authorized: 1. 2. (HS) Homestead Local (065)Over65 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 ofordinances in conflict herewith are, to the extent ofs such conflict, hereby repealed. DULY PASSED, APPROVED AND ADOPTED this day of September, 2024. Laurie Boudreaux, Mayor ATTEST: Nanci Mohr, City Secretary