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[00:00:05]

GOOD MORNING, EVERYONE.

I'M GOING TO CALL THIS MEETING TO ORDER OF THE CALDWELL COUNTY COMMISSIONERS COURT AT 9 A.M., THE 16TH DAY OF AUGUST 2023.

[Call Meeting to Order]

UH, COMMISSIONER THOMAS, WOULD YOU BE SO KIND AS TO LEAD US IN THE INVOCATION? COMMISSIONERS, ANY ANNOUNCEMENTS THIS MORNING? NONE AT THIS TIME, SIR.

COMMISSIONER THERIOT.

COMMISSIONER THOMAS.

I HAVE NONE AT THIS TIME.

ANY STAFF ANNOUNCEMENTS? NONE. CITIZENS.

COMMENTS. NO CITIZENS COMMENTS.

[1. Discussion/Action to approve Order 09-2023, approving a petition for the creation of Caldwell County Emergency Services District No. 5, and ordering an election to submit said issue to the voters of Caldwell County.]

OKAY. WITH THAT, WE'LL MOVE ON TO ITEM ONE, DISCUSSION ACTION TO APPROVE ORDER 09-2023.

APPROVING A PETITION FOR THE CREATION OF CALDWELL COUNTY EMERGENCY SERVICES DISTRICT NUMBER FIVE AND ORDERING AN ELECTION TO SUBMIT SAID ISSUE TO THE VOTERS OF CALDWELL COUNTY. I'M GOING TO ASK THAT THE ORDER BE READ AND THEN FOR A MOTION AFTER THAT FOR DISCUSSION.

YES, COMMISSIONER. LET ME JUST PASS OUT A COPY.

THERE WERE SOME CHANGES MADE SINCE THE BACKUP LAST NIGHT.

SAN MARCOS CONSIDERED THIS ISSUE AND PROVIDED CONSENT IN PART.

SO I WILL PASS OUT AN UPDATED COPY OF THE RESOLUTION AND THEN I'M HAPPY TO READ IT.

THANK YOU.

ORDER 092023, ORDER GRANTING PETITION TO CREATE EMERGENCY SERVICES DISTRICT NUMBER FIVE AND ORDER OF ELECTION.

WHEREAS ON CALDWELL COUNTY, THE COUNTY HAS RECEIVED A PETITION.

THE PETITION FOR THE CREATION OF PROPOSED EMERGENCY SERVICES DISTRICT NUMBER FIVE.

ESD NUMBER FIVE.

WHEREAS ON JUNE 20TH, 2023, PETITIONERS SEEKING CREATION OF THE PROPOSED ESD NUMBER FIVE PROVIDED WRITTEN REQUESTS FOR INCLUSION IN THE DISTRICT TO MUNICIPALITIES HAVING OVERLAPPING LIMITS AND EXTRATERRITORIAL JURISDICTION WITH THE TERRITORY OF THE PROPOSED ESD NUMBER FIVE.

WHEREAS ON JULY 5TH, 2023, THE COUNTY SENT NOTICES TO CURRENTLY EXISTING EMERGENCY SERVICES DISTRICTS SINGULARLY AND ESD HAVING OVERLAPPING TERRITORY WITH THE WITH THE TERRITORY OF THE PROPOSED ESD NUMBER FIVE REQUESTING THE ESDS TO ADOPT A STATEMENT THAT SPECIFIES THE TYPES OF EMERGENCY SERVICES THE EXISTING DISTRICTS WILL PROVIDE OR CONTINUE TO PROVIDE IN THE OVERLAPPING TERRITORY IF THE PROPOSED ESD NUMBER FIVE IS CREATED.

WHEREAS NOTICE OF PUBLIC HEARING CONTAINING STATING THAT THE CREATION OF A DISTRICT IS PROPOSED, THAT THE DISTRICT IS TO BE CREATED AND IS TO OPERATE UNDER ARTICLE THREE, SECTION 48 E OF THE TEXAS CONSTITUTION, AS PROPOSED BY SENATE JOINT RESOLUTION NUMBER 27, ACTS OF THE 70TH LEGISLATURE REGULAR SESSION 1987 AND ADOPTED BY THE VOTERS AT AN ELECTION HELD NOVEMBER 3RD, 1987.

THE NAME OF THE PROPOSED DISTRICT THE DISTRICT'S BOUNDARIES, AS STATED IN THE PETITION, THE PLACE, DATE AND TIME OF THE HEARING, AND THAT EACH PERSON WHO HAS AN INTEREST IN THE CREATION OF THE DISTRICT MAY ATTEND THE HEARING IN PERSON OR BY ATTORNEY AND PRESENT GROUNDS FOR OR AGAINST THE CREATION OF THE DISTRICT.

WHEREAS A COPY OF SAID NOTICE OF PUBLIC HEARING WAS POSTED ON THE COURTHOUSE DOOR NOT LATER THAN 21 DAYS BEFORE THE HEARING, AND A COPY OF THE NOTICE WAS PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY ONCE A WEEK FOR TWO CONSECUTIVE WEEKS, THE FIRST PUBLICATION OCCURRING MORE THAN PRIOR TO 21 DAYS BEFORE THE PUBLIC HEARING.

WHEREAS COPIES OF THE NOTICE OFFICERS RETURN AND NOTICES CIRCULATED IN A NEWSPAPER OF GENERAL CIRCULATION ARE ATTACHED TO THIS ORDER AS ATTACHMENT A AS REQUIRED BY SECTION 7750.0 TEXAS HEALTH AND SAFETY CODE.

WHEREAS A PUBLIC HEARING WAS CONDUCTED ON JULY 25TH, 2023, AT 9:30 A.M., AND PERSONS WHO HAD AN INTEREST IN THE CREATION OF THE DISTRICT, INCLUDING THEIR ATTORNEYS, WERE INVITED TO ATTEND AND PRESENT GROUNDS FOR OR AGAINST THE CREATION OF THE DISTRICT.

AND. WHEREAS, AFTER THE PUBLIC HEARING, THE COMMISSIONERS COURT CONSIDERED THE PETITION AND EACH ISSUE RELATING TO THE CREATION OF THE DISTRICT.

NOW, THEREFORE, BE IT ORDERED BY THE CALDWELL COUNTY COMMISSIONERS COURT, THAT ONE THE COURT FINDS A THE PETITION IS IN PROPER FORM AND CONFORMS TO THE REQUIREMENTS OF SECTION 775 .012 AND 775013.

TEXAS HEALTH AND SAFETY CODE.

B, THE PETITIONERS HAVE DEPOSITED WITH THE COUNTY CLERK AN AMOUNT OF MONEY EQUAL TO THE AMOUNT REQUIRED BY SECTION 7705.013B OF THE CODE FOR THE COSTS RELATED TO THE PROPOSED

[00:05:08]

CREATION OF ESD NUMBER FIVE.

C, THE PETITION IS SIGNED BY AT LEAST 100 QUALIFIED VOTERS WHO OWN TAXABLE REAL PROPERTY IN THE TERRITORY OF THE PROPOSED ESD NUMBER FIVE.

D, NOTICE OF PUBLIC HEARING HAS BEEN POSTED IN CONFORMITY WITH SECTION 775.015 TEXAS HEALTH AND SAFETY CODE.

E, THE CREATION OF SD NUMBER FIVE, AS PRESENTED IN THE PETITION IS FEASIBLE AND WILL PROMOTE THE PUBLIC SAFETY, WELFARE, HEALTH AND CONVENIENCE OF PERSONS RESIDING IN THE PROPOSED DISTRICT.

F, THE FOLLOWING MUNICIPALITIES HAVE PROVIDED WRITTEN CONSENT TO BE INCLUDED IN THE TERRITORY OF ESD NUMBER FIVE, THE CITY OF UHLAND, THE CITY OF LOCKHART, THE CITY OF LULING, THE CITY OF NIEDERWALD AND THE CITY OF MARTINDALE AND THE FOLLOWING MUNICIPALITIES HAVE PROVIDED WRITTEN CONSENT FOR THEIR EXTRATERRITORIAL JURISDICTION, ONLY TO BE INCLUDED WITHIN THE TERRITORY OF ESD NUMBER FIVE, THE CITY OF SAN MARCOS AND H, THE ESD NUMBER FIVE WILL STILL PROMOTE THE PUBLIC SAFETY, WELFARE, HEALTH AND CONVENIENCE OF PERSONS RESIDING IN THE TERRITORY OF AN AMENDED PROPOSED DISTRICT.

IF ANY OF THE TERRITORY OF THE FOLLOWING MUNICIPALITIES LIMITS OR EXTRATERRITORIAL JURISDICTIONS IS EXCLUDED FROM THE DISTRICT.

THE CITY OF LOCKHART, THE CITY OF LULING, THE CITY OF UHLAND, THE CITY OF NIEDERWALD, THE CITY OF MUSTANG RIDGE.

THE CITY OF MARTINDALE, THE CITY OF SAN MARCOS, AND THE CITY OF STAPLES AND MUNICIPALITIES THAT HAVE NOT PROVIDED WRITTEN CONSENT WITHIN THE 60 DAY PERIOD MAY STILL BE PETITIONED BY A MAJORITY OF QUALIFIED VOTERS IN THE OWNERS OF AT LEAST 50% OF THE TERRITORY IN THE MUNICIPALITY'S LIMITS OR EXTRATERRITORIAL JURISDICTION THAT WOULD HAVE BEEN INCLUDED IN THE ESD NUMBER FIVE TO INCLUDE THE MUNICIPALITY IN THE PROPOSED DISTRICT AND TWO, AN ELECTION IS ORDERED TO CONFIRM THE CREATION OF ESD NUMBER FIVE AND TO AUTHORIZE THE IMPOSITION OF A TAX ON AD VALOREM PROPERTY SITUATED IN SAID DISTRICT NOT TO EXCEED $0.10 PER $100 OF VALUATION TO BE HELD ON THE FIRST AUTHORIZED UNIFORM ELECTION DATE PRESCRIBED BY THE ELECTION CODE THAT ALLOWS SUFFICIENT TIME TO COMPLY WITH OTHER REQUIREMENTS OF LAW.

THE ELECTION MUST BE CANVASED TO ASCERTAIN, IN ADDITION TO THE VOTES WITHIN THE ENTIRE PROPOSED ESD NUMBER FIVE, THE VOTES WITHIN EACH INDIVIDUAL MUNICIPALITY'S TERRITORY, WITHIN THE PROPOSED ESD NUMBER FIVE, AND WITHIN EACH INDIVIDUAL'S MUNICIPALITIES EXTRATERRITORIAL JURISDICTION INCLUDED WITHIN THE PROPOSED ESD.

THREE, SUBJECT TO SECTION 4.03 TEXAS ELECTION CODE.

NOTICE OF SAID ELECTION SHALL BE PROVIDED ACCORDING TO SECTION 775015 C THROUGH F, TEXAS HEALTH AND SAFETY CODE.

AND FOUR, THIS ORDER IS SUBJECT TO ADDITIONAL SUPPLEMENTAL ORDERS AS NECESSARY TO COMPLY WITH ANY REQUIREMENTS OF LAW.

ORDER THIS THE 16TH DAY OF AUGUST 2023.

THANK YOU, CHASE. COMMISSIONERS, DO WE HAVE A MOTION FOR APPROVAL OF ORDER 09-2023.

SO MOVE. I HAVE A MOTION TO APPROVE BY COMMISSIONER THERIOT.

DO WE HAVE A SECOND? SECOND? I HAVE A SECOND BY COMMISSIONER THOMAS.

ANY DISCUSSION? YES. YES, I GOT THE EXTRA TERRITORIAL OR THOSE.

WHAT ARE THAT PERTAINING TOO? JUST THE EXTRA, EXTRA DISTRICTS THAT HAVE LIKE LITTON SPRINGS FOR THE EXTRA TERRITORIAL JURISDICTIONS? YES, I CAN LET CHASE ANSWER THAT QUESTION.

SO THE EXTRA TERRITORIAL JURISDICTIONS ARE REALLY GOING TO ONLY APPLY TO INCORPORATED CITIES WITHIN THE COUNTY.

SO IF THE CITY IS UNINCORPORATED, THEN IT WILL AUTOMATICALLY BE KIND OF COVERED BY THIS DISTRICT.

THE ONLY THING THAT THE ONLY CITIES THAT ARE INCORPORATED HAVE TO DEAL AND WORRY ABOUT EXTRA TERRITORIAL JURISDICTION OR NOT.

AND EVERY JURISDICTION EXCEPT FOR THE CITY OF STAPLES, WHO ONLY HAS TERRITORIAL JURISDICTION IN THE COUNTY, AND MUSTANG RIDGE, WHO DID NOT EVEN DO ANY SORT OF CONSENT ACTION.

EVERYBODY CONSENTED TO THE INCLUSION OF EXTRA TERRITORIAL JURISDICTION WITHIN THE COUNTY.

SO SHORT OF THE THE CUTOUT OF MUSTANG RIDGE AND THE CITY OF STAPLES, ETJ, EVERYTHING IS COVERED WITHIN THE COUNTY AND THE CITY OF SAN MARCOS, THE CITY ITSELF.

THANK YOU. OKAY.

ANY OTHER QUESTIONS? IF NOT, WE HAVE A MOTION AND A SECOND.

ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED.

HEARING NONE. MOTION CARRIES.

[2. Discussion/Action to approve Order 09-2023-B, a supplemental order of election to confirm the creation of the Caldwell County Emergency Services District No. 5 and to authorize the imposition of a tax not to exceed $0.10 per $100.00 valuation of ad valorem property situated in the District.]

ITEM TWO, DISCUSSION ACTION TO APPROVE ORDER 09-2023.

DASH B A SUPPLEMENTAL ORDER OF ELECTION TO CONFIRM THE CREATION OF THE CALDWELL COUNTY EMERGENCY SERVICES DISTRICT NUMBER FIVE, AND TO AUTHORIZE THE IMPOSITION OF A TAX NOT TO EXCEED $0.10 PER $100 OF VALUATION OF AD VALOREM PROPERTY SITUATED WITHIN THE DISTRICT AND CHASE DO YOU WANT TO READ ANOTHER ORDER? OF COURSE I DO. ORDER A SPECIAL ELECTION.

AN ELECTION IS HEREBY ORDERED TO BE HELD ON NOVEMBER 7TH, 2023.

FOR THE PURPOSES OF TO CONFIRM THE CREATION OF THE CALDWELL COUNTY EMERGENCY SERVICES DISTRICT NUMBER FIVE, AND TO AUTHORIZE THE IMPOSITION OF A TAX NOT TO EXCEED $0.10 PER $100 VALUATION OF AD VALOREM PROPERTY SITUATED IN THE DISTRICT.

[00:10:02]

I DO NOT SPEAK SPANISH, SO I WOULD ACTUALLY SKIP THE TRANSLATION PART BECAUSE I DON'T WANT TO BUTCHER THAT.

EARLY VOTING BY PERSONAL APPEARANCE WILL BE CONDUCTED EACH DAY AT THE CALDWELL COUNTY ELECTIONS OFFICE AT 1403 BLACKJACK STREET, SUITE A LOCKHART, TEXAS 78644. THE SCOTT ANNEX BUILDING CONFERENCE ROOM, WHICH IS THE MAIN EARLY VOTING LOCATION AT 104 BLACKJACK STREET, LOCKHART, TEXAS 78 644 AND THE LULING CIVIC CENTER AS A ALTERNATE BRANCH LOCATION FOR EARLY VOTING AT 333 EAST AUSTIN STREET, LULING, TEXAS 78648 TO BE HELD ON EARLY VOTING TO BE HELD ON MONDAY, OCTOBER 23RD THROUGH FRIDAY, OCTOBER 27TH, 2020 3:08 A.M.

TO 5 P.M.. SATURDAY, OCTOBER 28TH, 2023 FROM 7 A.M.

TO 7 P.M..

SUNDAY, OCTOBER 29TH, 2023 12 P.M.

TO 6 P.M..

MONDAY, OCTOBER 30TH THROUGH FRIDAY, NOVEMBER 3RD, NOVEMBER 3RD, 2023 FROM 7 A.M.

TO 7 P.M.

APPLICATIONS FOR BALLOT BY MAIL SHOULD BE MAILED TO DEVONTE CO EARLY VOTING CLERK.

CALDWELL COUNTY ELECTIONS OFFICE 1403 BLACKJACK STREET SUITE A LOCKHART, TEXAS 78644 CALDWELL EC AT CO CALDWELL TEXAS. APPLICATIONS FOR BALLOTS BY MAIL MUST BE RECEIVED NO LATER THAN THE CLOSE OF BUSINESS ON OCTOBER 27TH, 2023.

ISSUED THE 16TH DAY OF AUGUST 2023.

THANK YOU, CHASE.

COMMISSIONERS, DO WE HAVE A MOTION FOR APPROVAL OF ORDER 09-2023-B? SO MOVED. I HAVE A MOTION TO APPROVE.

DO I HAVE A SECOND? SECOND.

I HAVE A MOTION IN A SECOND.

ANY DISCUSSION? IF NOT ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED.

HEARING NONE, MOTION CARRIES.

[3. Discussion/Action to approve Order 10-2023, ordering an election to be held on November 7, 2023, for the purpose of adopting or rejecting the proposed Constitutional Amendments as submitted by the 88th Legislature, Regular Session, of the State of Texa]

ITEM THREE DISCUSSION ACTION TO APPROVE ORDER 10-2023.

ORDERING AN ELECTION TO BE HELD ON NOVEMBER 7TH, 2023 FOR THE PURPOSE OF ADOPTING OR REJECTING THE PROPOSED CONSTITUTIONAL AMENDMENTS AS SUBMITTED BY THE 88TH LEGISLATURE.

REGULAR SESSION OF THE STATE OF TEXAS.

ORDER OF SPECIAL ELECTION.

AN ELECTION IS HEREBY ORDERED ON NOVEMBER TO BE HELD ON NOVEMBER 7TH, 2023, IN CALDWELL COUNTY, TEXAS, FOR THE PURPOSE OF ADOPTING OR REJECTING THE PROPOSED CONSTITUTIONAL AMENDMENTS AS SUBMITTED BY THE 88TH LEGISLATURE.

REGULAR SESSION OF THE STATE OF TEXAS.

SEE EXHIBIT A.

EARLY VOTING BY PERSONAL APPEARANCE WILL BE CONDUCTED EACH DAY AT THE CALDWELL COUNTY ELECTIONS OFFICE.

1403 BLACKJACK STREET SUITE A LOCKHART, TEXAS 78644.

THE SCOTT ANNEX BUILDING CONFERENCE ROOM AS THE MAIN EARLY VOTING LOCATION.

104 BLACKJACK STREET LOCKHART, TEXAS 78644 OR THE LULING CIVIC CENTER 333 EAST AUSTIN STREET LULING TEXAS 78648.

TO BE EARLY VOTING TO BE HELD MONDAY, OCTOBER 23RD THROUGH FRIDAY, OCTOBER 27TH, 2023 FROM 8 A.M.

TO 5 P.M.. SATURDAY, OCTOBER 28TH, 2023 FROM 7 A.M.

TO 7 P.M.. SUNDAY, OCTOBER 29TH, 2023 FROM 12 P.M.

TO 6 P.M..

MONDAY, OCTOBER 30TH THROUGH FRIDAY, NOVEMBER 3RD, 2023 FROM 7 A.M.

TO 7 P.M. APPLICATIONS FOR BALLOT BY MAIL SHOULD BE MAILED TO DEVANTE CO EARLY VOTING CLERK CALDWELL COUNTY ELECTIONS OFFICE 1403 BLACKJACK STREET SUITE A LOCKHART, TEXAS 78644 CALDWELL EC AT CO CALDWELL COUNTY US APPLICATIONS FOR BALLOTS BY MAIL MUST BE RECEIVED NO LATER THAN THE CLOSE OF BUSINESS ON OCTOBER 27TH, 2023, ISSUED ON THE 16TH DAY OF AUGUST 2023.

COMMISSIONER, WOULD YOU LIKE ME TO READ THROUGH THE CONSTITUTIONAL AMENDMENTS ON APPENDIX A? OH, UH, I DON'T.

I DON'T THINK WE NEED TO READ THOSE.

THANK YOU, CHASE.

ALL RIGHT, COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE ORDER 10-2023? SO MOVE. WE HAVE A MOTION FOR APPROVAL.

DO WE HAVE A SECOND? SECOND.

WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION? IF NOT ALL THOSE IN FAVOR SAY AYE? AYE. ALL OPPOSED.

HEARING NONE, MOTION CARRIES.

ITEM FOUR ADJOURNMENT.

DO WE HAVE A MOTION TO ADJOURN? SO MOVED. I HAVE A MOTION TO HAVE A SECOND.

SECOND. MOTION AND A SECOND.

ALL THOSE IN FAVOR SAY AYE? AYE. ALL OPPOSED.

HEARING NONE. MOTION CARRIES.

WE ARE ADJOURNED AT 9:15.

* This transcript was compiled from uncorrected Closed Captioning.