I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. So, you know, it's like, you know, it's like, you know, it's like, you know, it's like, you know, it's like, you know, it's like, you know, it's like, you know, it's like, you drive along. It's like the rubber and everything. We should get out. All right, guys, we are calling to order the special meeting. August 19, 2024 at 6.30 p.m. Meetings now in session. If you would all rise for the invocation in the Pledge of Allegiance. I still don't know who do we have doing this. Outstanding. I'll do it. OK. Dear Lord, we come to you today we ask for guidance and all things that we do we thank you for your sacrifice and showing us a better way to live and we thank you for allowing yourself to live in our hearts Lord you are our Savior guide our tongue guide our action in your name All right. The religious to the right of the United States of America and to the republic for which it says one nation under God, individual, with liberty and injustice for all. All right. Moving into agenda item number two. This is our public comments section. Mr. Dell, do we have anyone? I do not. Okay. At this time, we do not have anyone for public comments. We'll move into agenda item number three. This is our executive session. In accordance with the Texas Government Code chapter 551, sub-chapter D, the City Council will recess in executive sessions. This is a closed meeting to discuss the following. 3.A. Section 551.071 consultation with attorney on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rule of professional conduct of the State Bar of Texas clearly conflicts with the Open Meeting Act regarding the charter amendment petitions. So we are going to go into executive session at 631. you you You're on the agenda. Okay. I have an ordinance. Sorry. I have an ordinance calling the election for the November camp. And we need to take a vote on it. Okay. Councilor. The does contain ballot language. Okay. So council at this time, we will open for discussion before taking any action. So councilman do you guys have any discussion points on this ordinance and this election that we'll be calling? Councilman Rufo? Sure. Councilor Marevo? Yes, can we discuss what the ballot language will read? If you'd like to read the ordinance, you're welcome to. Okay. So the ordinance will read, shall the charter of the city of Heath be amended to state the following. quote, begin parentheses, implement term limits for mayoral and city council position and parents by amending the city, by amending the charter for the city of heath Texas, USA, colon, blank. So my understanding is that that is the terminology, exact terminology that's on the petition with the signatures Is that a question for council? Yes, question for council. Is that why that's coming up? Yes, councilman that is the that was in the drafting that was lifted from the very petition The 67 pages of petition signatures that were submitted to the city secretary on August 8th 2024. Okay, but my understanding is there was also another submitted as well. More specific specificity around the term on this. There was an additional petition, excuse me, submitted that afternoon. The exact time escapes me, it was just before 5pm. The petition was a different petition contained 10 signatures and had attached their two four additional pages. So my understanding is because those were submitted separately with different sets of signatures on a different form than they're considered two separate submissions. The petition that was submitted first containing 67 pages was one petition with certain language. That petition had a number of signatures as verified by the city secretary at the prior meeting of this council in excess of the statutory requirements to call a charter election. The second petition with a different language with different signatures had, I believe, 10 signatures and my recollection, or I wasn't here. So I had been informed that the City Secretary informed this Council that that petition did not have enough signatures to satisfy the statutory requirements. In my understanding is whatever the petition says the council is required to put it on as stated correct. The council has the authority to summarize ballot language in order to accurately and appropriately provide the voters with a summation of what is being asked for them to vote on. That often takes place and often occurs in circumstances when, for example, you are all very familiar with this, I'm sure, having voted on constitutional amendments to the Texas Constitution with some regularity. Those amendments can be quite lengthy. They typically do not state the entirety of what is being asked that the Constitution be amended to say, for example, and I don't know this exactly, but I suspect this is the case, when the lottery amendment was added some years ago to permit the conduct of the Texas lottery, I imagine the ballot petition said something to the effect of, are you for or against the creation of the Texas lottery system? It did not contain the exact language that amended the state constitution. To exempt that from the general prohibition on gambling that has been in the state constitution since the 1870s. So the council certainly has that authority to summarize. However, the council in so summarizing may not alter a mend or misstate what is the language that has been requested by the petitioners, where the language is difficult to discern and short. It is perhaps a better course of action to put on the ballot the exact language that has been submitted. And it's my understanding that our ordinance that we're voting on tonight states that language exactly. The ordinance you will be that has been presented to you has word for word punctuation mark for punctuation mark. The language that was submitted on the 67-page petition that the city secretary has indicated contains sufficient signatures to be placed on the ballot. I guess just one comment just to so just to summarize that conversation we are voting on an ordinance that reflects exactly the petition that was submitted with sufficient signatures full stop. Well, correct. If you were asking me a question, the answer is yes. Thank you. Councilor Dodson, no other questions. Council, as I look at this, obviously we have a twoition submittal. There's been claims of secondary documentation, but the verbiage on the signature page is what is being referenced in this word that's correct. The verbiage on each of the 67 pages that was submitted is what is the language that is reflected in this ordinance? Yes, sir. Very well. And the reference to Title 17? The I won't use the term circulator because a circulator is a specific statutory term for someone who is collecting petition signatures in another part of the election code. It's actually a term used in that statute. It is not a term used in the statute that governs this type of petition, but so I will say the individual gathering petitions or individuals, I have no idea if it was one or more people, seems to have used a form possibly available on the internet. I don't know the answer to that either because I haven't looked. But in any event on its face it represents that it is a petition for a local option election. A local option election is a specific legal term that references Title 17 chapter 501 of the election code which is for the either either permitting or prohibiting the sale of alcoholic beverages in one form or fashion. Beer and wine makes beverages, however you can do it different ways. And so there is a reference of that in the petition on the face of the petition in several cases. And so be that as it may be that it is a local option petition. Nevertheless, the question presented on the face of the petition, which presumably was filled in by whoever was gathering the signatures, references the city's charter and appears to be sufficiently charter related to substantively be a request the charter be amended in this way. sufficiently charter related to Substantively be a request the charter be amended in this way have some issues as far as the title 17, not angry at the defendant, depending on the charter amendment. However, we do have the pervage that will go to the election that's Council Member of State to implement and terminate for mayoral and city council positions by making the charter of the city of Kansas, Texas with the co-ordinate of blank. Yes. Thank you for that clarity. So it does not specify for this election, it does not specify specific terms, and only specify that we would have terms. The language as submitted in the 67 pages of petitions is the same language reflected in the ordinance, yes sir. Very well. And then also to point of reference is that when you have a city charter amendment, there is a timeline in which you're allowed to do X amount for X amount of time. Yes, Mayor. The city's own charter. It is a charter provision of your charter. I believe it is the same provision that allows the amending of the charter 14.10. Specifies that once the charter is amended it is essentially well you can only have a charter amendment election every two years So once there is a charter amendment election should this measure pass in November of this year The city would be precluded by its the terms of its own charter from having another charter amendment Election until November of 2026 now you can If you decide you want to amend the charter in 2026 or have a vote obviously to try to amend the charter You can you can have any number of things should you wish? But you would be precluded from going to the voters beforehand So it's a two-year-old it is a two-year freeze So as it states There is no definition of those term limits. If it is, but it again is obviously, it doesn't go in. Correct. If the measure fails, then nothing occurs in the measure failed. If the measure passes, it would be amended to the charter. And that would be there for a minimum of two years before the council by its own initiative or other citizens by their own initiative in the petition process could seek to present to the general public and the voters an additional amendment. amendment would still have the same threshold of two-year wait. Yes, yes, Mayor. Very good. Council on the other questions, items of discussion. Very well. Chair will entertain a motion. Council, since we do not have a motion, do we have other items of discussion? Public motion. Okay. All right. A motion to approve item five A. Okay. So we have a motion by Councilman Rufo to approve the ordinance of the City of Heath ordering a special election to be held November 5th, 2024 for the purpose of voting on a proposed charter amendment providing for matters incidental there too and providing an effective date of ordinance number 240819a. Do we have a second? I'll second. Councilman Mormon seconds. So the motion carries all of those in favor say aye. Aye. Those opposed? asked is unanimously. Okay, moving into agenda item five dot B. This is a discussion in action regarding a resolution authorized in the mayor to execute a contract with the Rockwell County Elections Administrator for services related to the November 5th, 2024 general election. Council at this time, do you have any questions to discuss on this item? If there's no discussion, then the chairman will open the floor to entertain a motion. I'll make a motion to approve item 5A discussion and action regarding a resolution authorizing the mayor to execute contract with the walk road Rockwall County elections administrator for services related to the November 5th 2024 general election Councilman Councilman for clarity. I believe you said 5a was that the intent? 5b. Do I need to repeat the No, sir sir just clarify please. Yes, thank you. Thank you. Count. Do we have a second? No second. We have Councilman Weaver as a second to the motion moves. All of those in favor say aye. Aye. Those opposed. Passes unanimously. All right agenda item five dot C discussion and action regarding resolution authorized in the mayor to execute contract with the Coffin County election administrator for services related to the November 5th 2024 general election council do you have any discussion items on this agenda item I have one quick question and I think we talked about this last meeting but what is the what is the protocol and dates where we can call an election? Because I believe today is the last day that we can call election for November 5th. That is basically correct, yes. And is it for each election, is there the same amount of time before the election? Is this the way it works? That is my understanding, but I don't know that 100% personally. Well, to that end, Paul, that's why we were having a special meeting on Monday. Yes. This is the last day, yes. Right. So we're having a special meeting today as we were just submitted the petitions a few days ago. And today is the soonest we could actually have a meeting. It's also the latest we can have a meeting given that the way the timeline occurred. So we are giving our best to meet all the statutory requirements. And so that's why we're having a meeting today and voting on this today, so that it satisfies the day. And I should clarify my comment, my comment. This is the last day for YouTube vote on this matter. I have seen courts in other cases order elections faster than this, but that's a court order, not the actual act of the council. I understand. Thank you, thank you, council. Thank you, councilman. We were, thank you, councilman Rufo at this time. The chair will open the floor to entertain a motion on 5.C. Well, it's not. Yeah, I mean, I'm gonna keep going on the agenda. So 5.C, I'll make a motion approval on 5.C. Discussion and action regarding a resolution authorizing the mayor to execute a contract with the Kaufman County Elections Administrator for services related to the November 5, 2024 general election. Very well. So we have a motion on the floor. Do we have a second? I second. We have a second by Councilman Dodson. So the motion moves. All of those in favor say aye. Aye. Those opposed? Passes unanimously. All right. I've had 729 this meeting in the air.