Hawk Cove City Council Special Session 10/06/26
0:00:00 Speaker: Mr. Secretary, my application will speak on Monday. I'm going to drive them off, thank you, and I appreciate it. Please stay out of the well. That's the well between these two desks, up to the council, but please stay out of the well. Where else do you like to be out of it? OK, thank you, Ms. Hodges.
0:00:22 Speaker: They're always informative, as usual. Don't help me out, I don't want to know who's got a picture on it. If you want to speak, there's a paper on the desk over there. They want you to put in an agenda item if you don't have a copy of the agenda. Is that available for citizens to hold in their hand? I have enough copies for.
0:00:41 Speaker: Only the council? Yes. I think we could close. Can you take a peek at one? So she can fill out the. I don't think that's a lot of problems. I'm going to fill my chair around and bite me. I don't think we're going to get them back near. I'm going to fill my chair and I'm going to fill them all in. Give me just a second.
0:01:14 Speaker: I like the fact that she's going to get them back to the other room. I do need to put the board back to the side of the chair. You can keep that sheet. Thank you. Just keep this sheet. Thank you. You're welcome. Thank you, Ms. Hodges. Thank you so much for having us here. We got one right back in the kitchen.
0:01:40 Speaker: Quicker. We're going to do that. Don't leave her in there. Thank you. Thank you. Thank you. Just don't let her ever bite me. No, ma'am. You already said it. Thank you. Thank you. I don't want to let you all see it. Thank you. My money's on you all day. I don't. You know, it's always the little ones you got to worry about.
0:02:13 Speaker: Thank you. Thank you. Have a come and get them. Okay. A couple more. I can't believe you've got that. I can't believe you've got that. What do you think it's on you? Probably not good. No, you just none of you have. Oh. What else? Nobody wants that. No, no, they don't want it. Anybody else? Something to say.
0:02:56 Speaker: I think you're something. A burger. I like being number one though. Put my head out of your way. Answer your questions. Thank you. I was too much. I'm just making sure that you need to pay sales. Okay. Good evening. Call the special session of the city council of the city of Hawk Cove to order at this time.
0:04:58 Speaker: On Tuesday, October 6 2026 at 631 p.m. Roll call this priority. Mr. Clark here. This wall is absent. Mr. Butcher here. Ms. Logan here. And one answer team. We have a court. Miss Hodges, would you. Would you give us an implication please. Yes, sir. Thank you. Most gracious, Heavenly Father. We have many grace, many greatness gifts and blessings from you for which we get thanks.
0:05:49 Speaker: Tonight we ask that you assist this council to perform its necessary and lawful duties for the city of all. We also ask that the city of may prosper and thrive. Thank you for the life. The resurrection of your son Jesus. That is the most important gift. May we follow his laws, may we follow his rules, may we follow his recommendations, suggestions, and exhortations.
0:06:25 Speaker: Thank you, Father. Thank you, Mayor. Thank you all for his rise. Join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Thank you. I heard my back again this morning.
0:07:11 Speaker: So I will be sitting down for much of this. Madam Secretary, are these all the public comments? Yes, sir. Thank you. Members of the public may address the City Council regarding any item listed on this agenda. Comments are limited to three minutes per speaker. Public comments shall be conducted in accordance with the Texas Government Code section 551.007.
0:07:51 Speaker: First up, Lindsay Patterson. May it stand, sir? Please, if you would. Address the council. Hi, Lindsay Patterson. I just want some clarification. On what date did Hawk Cove receive a certified appraisal role, and what was the resulting deadline under Texas Code 2605A? And on what date was the 2605C rate established by operation of law, and what is tonight's October 6 ratification occurring within the statutory 5-day period?
0:08:28 Speaker: Is the City Attorney here by any chance? Pardon me? Ma'am, can you answer those questions? This is public comments. I don't answer questions. These are your comments. This is not discussion. It's public comments. Matter of fact, questions don't count here? Your comments are welcome. And listen, too.
0:08:51 Speaker: Thank you, ma'am. Thank you. Thank you, Ms. Patterson. Nikki Bennett. Hi, Nikki. It's been a little while since I've come into the city for, let's see, real obvious reasons. It's been a while since I've come in here, for obvious reasons, right? Like, there are always things in the city something going on down here.
0:09:34 Speaker: I am here concerning the tax rate, right? Like, evidently we haven't been able to maybe make some co-effort effort and, like, go forward with that momentum. There's a lot of people that are not from here, and they are coming here seemingly to be kind of the intermediaries to get everyone together. And I think I'm here for that.
0:09:54 Speaker: I think the tax rate is important, right? Like, our tax rate, I own a home here, right? And so you and my son, we don't have the ability to recover from cancer. I'm here, right? Like, financially, my son lives here. Like, I don't have an option to just up and leave, right? So these issues are important to me, right?
0:10:11 Speaker: Like, nobody likes to see where it's high, right? Nobody likes the tax rate. Nobody likes taxes. I don't like taxes. So it's already high, and honestly I'm behind on mine, right? And so I'm making payments on mine as it is. So I don't want the tax rate to necessarily go up, right? But if that's what needs to happen, if that's necessary, I also can't afford to fix my car, right?
0:10:31 Speaker: Like, again, I'm rolling off of some health issues. I don't have the ability to, like, hip-hop hold or whatever and then go and buy a new car or whatever the damages may be. So it is pressing to me that one, we just bring unity, right? Like, as easy it is to stand up here and kind of hold out votes or whatever, right?
0:10:49 Speaker: I think when you take these positions, you almost like to take an oath, right? Like, come to the people. If my peers go and get signed up to go watch me listen to a legal case in their own majority, like, they're obligated to stay, right? Until they can commit to at least one version of, you know, of what's going to happen.
0:11:08 Speaker: And I think that you guys, if that's my peers and you guys have been elected in these positions, you guys should be held to at least the same, if not a higher standard, right? So I'm here asking, I don't want it to go up, but if we don't have the funds, then that's what's needed, I need the roads to be fixed, right?
0:11:26 Speaker: I'm just here to raise a kid, raise me a baby. I don't want to be involved in the chaos of a dilemma, and I don't know how we're going to get to unity, but for me, it's important, right? It's so important that I put aside that I'm not going to come in here because of the chaos, and I'm here probably on YouTube.
0:11:42 Speaker: Thanks, [name]. So whatever it takes to move forward, I know there's, like, somebody stole money or misappropriation of funds and this and that. Like, I don't know, right? And I think that we've gone through this process long enough now that I think if there was something, reasonable critical thinking would probably suggest that it would have been found by now.
0:12:01 Speaker: And we've changed mayors. We've done a bunch of things. I don't know. I'm not here for that. But can we just pay the path forward, right? Can we just get unity, whatever happened, put it back, figure out? I mean, we don't want to make the same mistake. That would be foolish. Thank you. Thank you. Thank you, guys.
0:12:26 Speaker: Ben. Our last one is [name]. It's on out of you, please. So I'm here again. Hello, Distinguished Counsel, also the mayor, Mr. Cork. I appreciate the torture that you counsel have gone through over the last nine days. Wow. That's brutal. I'm commenting specifically on I remember what it was. The attorney is going to cover up the agenda.
0:13:02 Speaker: But every day the mayor comes on and gives his little diatribe. The city attorney both gives the prayer, which also seems like a diatribe. And then also does her announcements. I noticed that there are certain individuals who are not allowed to basically say anything without being interrupted by a couple of people.
0:13:24 Speaker: And then other people are allowed to continue on while they want to. I think it's a shame that you guys had to go through all that just to get your own records. That seems like something that should be easy, easy to do. And it's a damn shame. I appreciate you guys for finally allowing the citizens to comment because you obviously
0:13:41 Speaker: won't let your counsel. In 2023, there was a bunch of ordinances passed that restrict you guys from being able to say anything. This is a public comment. Please don't interrupt me. Your honor, it's not on the agenda. I would like to know who is running this meeting, Mr. Mayor. Is it you or is it the city attorney?
0:14:00 Speaker: Is this an employee of the city? Are you an elected official? Well, actually technically not elected. There was nobody ran against him. So it's very important not only for the citizens to vote. But also to run because we could have a dead hearing up there. Well, it'd be just as effective. So I appreciate all you guys.
0:14:21 Speaker: Look, we have to pass a budget. Mayor, I think that the council, I'm going to speak what I think they think because you haven't allowed them to say. I don't think that they're very appreciative of this tax rate that you're pushing. Ms. Benardi, I don't know if .64 is the number. I don't know. That's not my, I don't know.
0:14:39 Speaker: I'm not that guy. But there are people who do. They should know. And the city has resources to contact for all that. And also, I don't think that the council trusts this lady considering that the current mayor and the city attorney sued some of them and put some of them in prison for a period of time.
0:14:58 Speaker: Sir, you took your, you took it on the nose. I have mad respect for that. This man spent months in jail refusing to post a bond that was illegal for an arrest that, in my opinion, should have never happened. The chief of police isn't sitting here today. But this man took it on the nose. Ms. Benardi was arrested also.
0:15:21 Speaker: Also, they spent their entire term fighting charges that were ultimately dismissed by some way. I don't really know. I don't know because I can't get the records. One of these two ladies is trying to charge me $1,500 for some body cams about what happened right here in this meeting. I know that some of the council that was here at the time recorded those.
0:15:42 Speaker: I haven't been able to see any but one of those. And that's my time. I appreciate you, sir, for letting me finish my statement. I didn't bring my gavel. So that was quite good. Thank you. I'm going to address something else. I'm addressing something else. I'm addressing something else. It's not time to address anything.
0:16:14 Speaker: Okay. Well, I don't need my sunglasses on because I said light sensitivity and his light is staring me right in the face. I was going to ask him, could he turn off his lights like everybody else so I could take the sunglasses off? Because I do suffer from light sensitivity. And thank you for ignoring me.
0:16:43 Speaker: Mary's addressed council. I have seen statements with regard to nobody has a way to talk. I have called for a motion. I've asked for discussion, called for a motion, asked for more discussion, and called for a second every time we had a quorum. That's the time to discuss. So the members of this council say they haven't had the opportunity.
0:17:25 Speaker: Everybody on council has had the same opportunity. The tax rate is because of the actions or inactions of this council, the tax rate is subject to the tax code section 26.05C. That is where without an adopted tax rate by council, the fallback is the previous year's tax rate or the current no new revenue rate, whichever is lower.
0:18:17 Speaker: The previous year's tax rate was .774139 dollars per hundred dollars of value. The difference between that and the no new revenue rate, let me redo this, let me say this a different way. The average taxable value of the properties in Hawk Cove is about 82,000. Divided that by a hundred, that's 820. Multiply that by the .77 rate and you come out to 631 and change.
0:19:11 Speaker: Do the same thing and multiply it by the .79 rate and you come out with 677 and change. The difference is 16 dollars. One time in the year. That's just over a dollar a month. What roads fixed too? I live in this city. In fact I've got everywhere I go to leave my house. I have craters I have to go through.
0:19:56 Speaker: But fortunately, this council is divisive and contentious. Ms. Hodges, attorney's address. Your honor, may I sit? Please. Thank you. Citizens of Hawk Cove, mayor and council. My presentation tonight is limited to the statutory requirements governing the tax rate matter posted on tonight's agenda. The directly related budget provisions and the consequences
0:20:42 Speaker: expressly provided within those statutory frameworks. I'm not addressing other law that may relate to governmental action or inaction and no conclusion concerning other law should be drawn from its absence from this presentation. Where the city now stands. Council did not adopt the fiscal year 2026-2027 budget by September 30.
0:21:11 Speaker: Council also did not timely adopt a tax year 2026 ad valorem tax rate. At the meetings of which a quorum was present, a motion was made to adopt the proposed budget. Those motions failed for one of a second. The statutory deadlines have now passed. Tax code 26.05c that the mayor referred to addresses what occurs when a taxing unit does not timely adopt a tax rate.
0:21:47 Speaker: The statute provides that the tax rate for that tax year is the lower of the current no new revenue rate or the rate adopted for the preceding tax year. OCCO's 2026 no new revenue rate, as mayor mentioned, is 0.794903 for $100 of property valuation. Its tax year 2025 adopted rate was 0.774139. The lower rate is therefore 0.774139.
0:22:28 Speaker: Section 26.05c then expressly provides. A tax rate established by this subsection is treated as an adopted tax rate. So this council is now at the point of ratification. After establishing the rate and providing that it is treated as adopted, 26.05c separately directs the governing body to ratify the applicable rate before the fifth day after its establishment.
0:23:07 Speaker: That ratification deadline expired yesterday. Tonight's action therefore cannot accurately be described as a timely ratification. The city posted tonight's special session agenda at 7.52 p.m. on September 30th, the evening that the statutory contingency arose. For the earliest meeting date, the city determined could satisfy
0:23:38 Speaker: the Open Meetings Act's ordinary three-day business notice requirement. The missed deadline does not, however, erase the statutory text that precedes it. Section 26.05c does not state that untimely ratification changes the established rate to zero. It does not state that untimely ratification voids the tax rate.
0:24:11 Speaker: And it doesn't state that it causes the rate to cease being treated as adopted. Nor does the subsection state that council has authority to perform the required ratification after the deadline. Texas Supreme Court authority instructs that violation of a mandatory statutory deadline does not permit an unstated consequence
0:24:41 Speaker: to be imposed merely because the deadline was missed. The consequence must be supplied by the statutory text or be logically necessary to accomplish a statute's purpose. The reference case is image A-P-I-L-L-C versus young. The citation is 691 Southwest 3rd 831 at pages 841 and 84 through 843. As a Texas Supreme Court from 2024.
0:25:20 Speaker: That authority does not make the missed ratification deadline optional or timely. It means that the legal consequence of missing the deadline is a separate question from whether the deadline was mandatory. The county tax roll. This morning, I spoke with personnel at the Hunt County Tax Assessor collector's office.
0:25:45 Speaker: I was informed that Hotco presently appears in the county's tax system at a rate of 0.00. I was further informed that absent timely ratification or a different legal determination, 0.00 is presently the rate expected by the county tax assessor collector's office to be noticed. County personnel recognizing a problem
0:26:23 Speaker: are consulting legal counsel concerning Hotco's circumstances. I do not present the county's present 0.00 entry as a legal determination that Hotco's tax year 2026 rate is zero. I don't present that. The text of 26.05 of the tax code says that the applicable fallback rate is 0.774139 and that a rate established under that subsection C is treated as adopted.
0:27:02 Speaker: The unresolved question is how that statutory command is to be implemented after the missed ratification deadline. I spent a good bit of time trying to find guidance from various authorities to determine where the city is at present. Since September 30th, the city has sought guidance concerning these statutory circumstances
0:27:32 Speaker: from the Comptroller's Property Tax Assistance Division, the Texas Municipal League, the Attorney General's open government hotline, the Hunt County Tax Assessor Collector's Office, the Hunt County Attorney, and the Hunt County District Attorney to date as of this evening. No source consulted has identified a statutory provision
0:28:01 Speaker: that supplies a complete remedy for the circumstances now before the city. The Texas Municipal League has advised that the statutes do not appear to provide that remedy nor any guidance for this combination of circumstances. The Comptroller's Office understood the statutory problem but did also not identify a resolution
0:28:28 Speaker: and asked that I inform it of any guidance that the city later receives. The Hunt County District Attorney has been advised of the situation and has indicated that his office has and continues to research Chapter 26 issues and he will speak with me further. I've also discussed the situation today with the Office of State Representative Brent Money.
0:28:57 Speaker: His legislative assistant, Mr. Cheston Henry, advised that the Office will promptly examine the statutory problem and ask to be kept informed of the Council's actions. To provide the relevant facts and statutory issues efficiently, I forwarded to Mr. Henry the written summary that I sent earlier today to the Comptroller's Office.
0:29:23 Speaker: That legislative contact does not determine the law applicable tonight. I mention it only as part of the city's effort to obtain guidance concerning a statutory situation for which no complete administrative answer has yet been identified. The budget remains a separate problem. The city also remains without
0:29:49 Speaker: an adopted Fiscal Year 2026-2027 budget. Local Government Code 102.009 requires that the governing body may levy taxes only in accordance with the budget. We previously and repeatedly, I have presented to this Council the mandates for providing a budget. So we are now past that at this moment. Nothing in Tax Code 26.05C states
0:30:27 Speaker: that the establishment of a fallback tax rate simultaneously adopts, extends, or substitutes for a municipal budget. Tonight's agenda does not notice adoption of a budget and therefore Council could not adopt a budget tonight under the tax ratification item. That's been removed under the agenda at present.
0:30:53 Speaker: The interaction between the rate, the 26.05C says, is treated as adopted. And Section 102.009's requirement, the mandate that taxes be levied only in accordance with a budget, remains unresolved. What is before Council tonight is Councils not being asked tonight to select a tax rate. Council's statutory opportunity
0:31:24 Speaker: to choose and timely adopt the tax year 2026 rate ended September 30th. Section 26.05C supplies the applicable total rate after that failure. It's 0.774139 for $100 of property valuation. Tonight's posted item asks Council to perform the ratification that the same statute mandates that the governing body perform.
0:32:01 Speaker: The deadline for that act has passed. The statutory command to ratify nevertheless remains in the text, and I've located no provision that the Council is prohibited or relieved from performing that overdue act. It remains the Council's obligation to ratify the tax imposed by 26.05C. Council should also understand
0:32:35 Speaker: the present practical circumstance. The county presently carries off COVID 0.00 while the legal effect of 26.05C is treated as adopted language is being reviewed. Nothing I've said requires any member to vote for or against tonight's ratification item. My responsibility is to state the statutory posture,
0:33:02 Speaker: the presently known administrative consequence, and the limits of what has been resolved. My presentation has been limited to tonight's posted tax ratification matter. The directly related budget provisions and consequences expressly provided within those statutory frameworks. I've not undertaken to address other law
0:33:27 Speaker: that might relate to governmental action or inaction, the actions or inactions of a governmental body, and no conclusion concerning other law should be drawn from its absence from this presentation. Each Council member remains, retains the duty and judgment of office concerning the action that member takes on the posted matter.
0:33:57 Speaker: Thank you, Mayor. Thank you, Council. Thank you, citizens of Hawk Cove. I yield the floor to the chair. Thank you, Ms. Hodges. Next item on the agenda is item 8, new business. We have one agenda item under that category. Discuss, consider, and take action to ratify pursuant to Texas Tax Code 26, Section 26.05C, if applicable,
0:34:23 Speaker: the tax year 2026 and the lower tax rate of $0.7741, $39 per $100 value, established by operation of law following failure to timely adopt the tax rate, including adoption of any ordinance, resolution, or order required by law. I will now ask members of Council if they have anything we need to consider.
0:34:55 Speaker: Ms. Logan. I'd like to submit. Mr. Butcher. I yield my speech for Mayor Pro Tem. Mr. Cork. Ms. Bernardi. I have a comment talked of that I revised from September 30th. I'm going to address some of what's being said from our mayor and our legal counsel. A lot of what she has projected steps over and covers a lot of issues that we have,
0:35:51 Speaker: and that is the counsel. We were never given that opportunity to break down the budget and see the high costs that we carry and the budget cuts that need to happen. You don't continue to raise the rates, especially in an FPL level, but he gave us a beautiful picture of what our average home value is.
0:36:14 Speaker: So when you have those kind of numbers that he projected, initially they were wanting $1.14. And again, these tax rates are generated from accounting, and that's a huge problem, too. So I'm going to read off my statement here, which covers a lot of the problems that we have and why we're in the position that we're in
0:36:46 Speaker: and why we've been logged and why we have non-disclosure where the council is not able to receive the documents failed. So they're, oh, we can hear everything, everything but operating. Our operating account is where our M&O maintenance and operation taxes go to. We did not receive the full year's worth
0:37:07 Speaker: of that account. There are transactions happening out of that operating account that are moving into a payroll account, and from that payroll account is where redacted payroll information was given to us. According to the attorney general, we are receiving the name, the position, the gross salary of every single person
0:37:29 Speaker: that either is an independent contractor or is an employee. So that's a huge problem. We need that information in order to obtain the amount of M&O that's being absorbed by payroll and independent contracting, and whatever else is going out the door to find where. So we need those. And when I asked for it,
0:37:58 Speaker: I asked for it verbally, asked for it through an email. I was very non-responsive. They didn't provide me what I asked for. I didn't have it. It was done by email. So there's some huge problems there with non-disclosure. That can't happen. We are the elected officials. Each and every one of us should receive copies
0:38:20 Speaker: of all bank statements. Not redacted. On things that are redacted are personal identifying information. We know that through Social Security, date of birth, addresses, bank statement, your account numbers. That's a given. And nobody up here is asking for that. We're asking for what the exact cost is
0:38:43 Speaker: that's going out the door. Not a dump all budget. Not where everything is dumped in there. We don't know much about your police department. Nothing's breaking down. It's our financials all rolled in. Our servers should be separate. Our property taxes should be separate. Our municipal, God knows what's going on with that.
0:39:09 Speaker: We need to know what's going on with our municipal. How much do we get for a state controller? How much ticket money are we getting? There's so much there that we don't even know what's going on because I've requested records for four years. But, you know, our city attorney over there, she believes this is a private sector business
0:39:31 Speaker: and that she doesn't have to reveal how much money she takes from us. Our property taxes pay for her. And she does not... We don't have any idea what she's getting. We don't have any idea. We have no... I ask for invoicing. I ask for her retainer contract. I ask for how much she's getting paid. We have none of that.
0:39:51 Speaker: I have none of that. Now, if there's some people on the side over here that get special treatment and they get that information, maybe so. But we're not getting it and that's wrong. That is wrong. We should never have anybody that's taking our money and not revealing to us how much they're being paid.
0:40:12 Speaker: So that's a huge problem right there. So as far as what I have now, I'm going to read this revised statement. It's not near as long as Ms. Hodges. The county tax order not passed by City Council. Our 2025 taxes that they're trying to revert back to last year because of 26 FIC, that because we don't have a budget,
0:40:48 Speaker: and I just don't know why, that is when we don't get the information that we ask for. And so we're reverting back. We're reverting back to a 2025 tax order. A tax order is not an ordinance. This is in Texas. A county tax order is not the same legal instrument as a City Council ordinance. Municipalities, cities, towns,
0:41:12 Speaker: villages have their own governing bodies and statutory procedure for adopting ordinances, resolutions, or orders. Counties, on the other hand, are separate taxing units with their own governing bodies, county commissioners, county board, blah, blah, as we said, county, and their own adoption process.
0:41:31 Speaker: A county tax order passed by its own governing body is valid under county, under county law. But it's not a valid, it's a miserable act if it is purports to be adopted by the City Council. There's no automatic validity from City Council on a county tax order. The City Council cannot adopt a tax order
0:41:53 Speaker: if a City Council attempts to do so, the act would be invalid as a municipal act because it was not adopted by the correct governing body. The local government code, subtitle D, general powers of municipalities, chapter 51, general powers of municipalities, subtractor A, sorry, general provisions, 51.012, ordinances and regulations.
0:42:18 Speaker: The municipality may adopt an ordinance, an act, a law, or regulation, not inconsistent with state law that is necessary for the government, interest, welfare, or good order of the municipality as a body of politics. If the county tax order was passed by a City Council or any municipal body, it is not a valid county tax order
0:42:40 Speaker: and would be invalid for county tax purposes. Therefore, unable to charge taxpayers on behalf of the municipality. The contract for assessment and collection services between Hunt County Tax Assessor and the City of Hopco State under administrative provisions item 3B. The county should not be liable
0:43:01 Speaker: to the taxing unit, City of Hopco, on account of failure to collect taxes and less failure to collect taxes results from some failure of the Hunt County Tax Assessor Office to perform the duties imposed upon the Hunt County Tax Office by law and by agreement. Our previous marriage, Laura Spence, can and has bore witness
0:43:24 Speaker: after she stated verbally and publicly in writing on social media that she was misled to sign the 930-2025 County Tax Order 2025.9.1 in City Hall without council's knowledge. This action to sign off on the tax order of 930-25 was instructed by our city attorney and city admin manager both of them signed off
0:43:50 Speaker: and sent over this statement excuse me, this same 2025 tax order to the Hunt County Tax Office so that the county could charge the taxpayers and city could receive money. This action is perceived as an act of tax fraud against the taxpayers of City of Hopco. The tax order 2025.9.01 states whereas the majority of the city council
0:44:16 Speaker: of the City of Hopco, Texas did not adopt a fiscal year 2025-26 property tax rate and whereas the fiscal year 2025-26 property tax order is therefore established pursuant to tax code 26.05 B and C and this order ratified the same pursuant to tax code section 2605 B and C is the best interest of the City of Hopco, Texas.
0:44:49 Speaker: This tax order is open record. This county tax order is in contradiction to what the state of Texas says are the powers and provision of a municipality picking 1.012 ordinances and regulations to stay involved. It is also invalid as the council had not adopted a budget according to 102.09 A and administration and city attorney
0:45:15 Speaker: of Hopco, Ms. Ledner-Spence who was under their influence and moved forward in an attempt to show an adopted tax rate of 0.774 to legitimize charging for the tax rate for 2025 even without a budget and no passage of a tax rate as it appears. Due to all appearances the validity of the county tax order
0:45:40 Speaker: 2025.9.1 signed off on 9-3025 by a mayor and previous administration by a mayor previous administration and city attorney tax code 26.04 H1 appears to be the favorable tax code to enforce based on again the invalidity of the hunt county 2025 tax order. Tax code 26.04 D2 and H1 submission of role to governing body
0:46:11 Speaker: no new revenue and voter approval tax rates D2 the city secretary the designated officer or employee may not submit the no new revenue tax rate and the voter approval tax rate to the governing body of the taxing unit, the city and the city taxing unit may not adopt a tax rate the city secretary, designated officer
0:46:35 Speaker: or employee certifies on the tax rate calculation forms that the designated officer or employee exactly calculate as I calculated the state, the tax rates and has huge values that are the same as values shown in the city's taxing units certified appraisal role in performing the calculations which was brought up
0:47:02 Speaker: Mr. and my audience here 26.04 D3 and E by August 7th or soon thereafter is practical the city secretary, designated officer or employee shall submit the rate to the governing body you never saw any of that the city secretary designated officer or employee shall submit the rate to the governing body
0:47:26 Speaker: you never saw that the city secretary designated officer or employee shall fit prominently on the home page which we don't have the home page the city's taxing units internet website and the form prescribed by the Texas Convoy notwithstanding Section H if the anticipated collection rate or taxing unit
0:47:52 Speaker: as calculated under that subsection is lower than the lowest actual collection rate of the taxing unit for any of the three years the anticipated collection rate of the taxing unit for purpose of this section is equal to the lowest actual collection rate of the taxing unit for any of the preceding three years
0:48:14 Speaker: this is for HUC code according to HUC 5 year tax rate history including the adopted rates as posted on the HUC tax website would be year 2023 0.64203 that is within the three year look back period look back window according to 2604 H1 if there is a continuance to pursue the Hunt County 2025 tax rate
0:48:43 Speaker: as a basis for this year's tax rate disregarding 2604 D2 and D3E and H1 then based on the tax code provided to us based on the tax code provided to us city of Texas our taxpayers may pursue according to tax code 2604G a person who owns taxing property is entitled to an injunction prohibiting the taxing unit
0:49:09 Speaker: city of pop code which the property is taxable from adopting a tax rate if the assessor or designated officer or employee city secretary of the taxing unit the chief appraiser or the agricultural appraisal district as applicable has not compiled with the computations, publications, or posting requirements of this section
0:49:33 Speaker: 26.16 posting tax related information on county's internet county's internet website 2618 posting of the tax rate and budget information by taxing unit on the website in which all of the above section of 2617 are applicable it is a defense and in action for an injunction under this section that the failure
0:50:01 Speaker: to comply is a good thing so we have a multitude of issues that are very concerning and so to expect this council to just pass it because we were told you have to pass it we're the governing body here we're the officials we're the ones and the stuff that we ask for should be supplied to us we should be able to go through and see all that information
0:50:35 Speaker: to be able to make those kind of decisions we all live here everybody here lives here we all pay into it and yes I've had car repairs now probably about 10,000 plus busted axles all kinds of things but guess what you have those conditions and you don't get your roads fixed wanting to do budget cuts they don't want to take
0:50:57 Speaker: responsibility for overspending you do not spend what you do not have and the higher the tech of the taxes and the more you make that and the more you charge on our sewer rate and all these things when you do that, more and more people will be laid on their payments, laid on their taxes now you'll put it on the
0:51:15 Speaker: table, all kinds of problems that we're all complaining about we all share the same roadway but when you don't respect your taxpayers and you sit there and say you know what we need more money give me more money that is not helping the situation we need to take responsibility for where we are and make the
0:51:35 Speaker: budget cuts that need to happen and take responsibility and the episodes have taken place that have been yes I will speak on that and you know what I do refresh myself on Robert's Rules of Order and the revised version revised version and once we're taking place here and all this tag team match this going back and forth
0:52:05 Speaker: trying to shut people up from expressing as an elected official what we need to say when our constituents are people that come to us and say well why aren't you speaking about this she came out she came out people need to be able to come in here how many seats do we have right here it makes it very difficult for people to come here
0:52:27 Speaker: and share what they need to share so again I'm glad [name] brought up the fact he's not a re-elected mayor there was nobody else that wanted the job so he was in that position so I have posted a lot of information on my political page I posted documents the best I can do with what I've been given it's very difficult when you're blocked
0:52:54 Speaker: as an elected official and you're not able to obtain that information it's also very difficult when you have threats coming against you of arrest of arrest I think that's wrong right there and trying to say that I'm over here I'm trying to act like I'm a lawyer without a license no I'm an educated tax-paying citizen
0:53:21 Speaker: and I'm trying to find out from my own self in the direction that I need to go and share with my neighbor share with my neighbor hey I hear you're having a hard time you know hey what can we do to resolve this matter how can we come together when we've got people over here shouting profanities and saying I'm
0:53:39 Speaker: invading their space because what I've got to say over here on the other side of the wall so that I can talk because I annoy that person we can't even come together and that is a very sad and unfortunate situation when we're calling people out on the internet it's beyond ridiculous that we can't come together
0:54:01 Speaker: and people want to know why why can't we come together why can't we do that why is that I think that's pretty clear I shouldn't have to worry about being arrested because I cannot share what I'm doing right now I'm sharing right now I'm passionate about where I live I'm passionate about my neighbors
0:54:23 Speaker: I'm passionate about what's right and what's wrong and speaking out that is who I am I've been advocating for people for a decade in my work life and now I'm retired and all that but this right here is an agreement and he said it several times we have to stop this but then certain people they get to talk and trash
0:54:51 Speaker: and do all they want but when we want to speak I don't know off the agenda and that's exactly what's been going on so I appreciate all of you listening to me I hope that I've conveyed my concerns I hope I've conveyed the hearts of the people out here that put me into office and then we're out here arresting people
0:55:13 Speaker: Mr. Fincher spent 6 months in jail and he was dismissed we had 7 dismissals and you know who paid for those dismissals? we did we as a taxpayer paid this woman right here for god knows 70,000 plus if that's what we can tell but we can't know because she keeps hiding all that she's making I'm sick of it
0:55:35 Speaker: now I'm sore everybody's my voice but that's how upset I am my family's upset people get hired a city officer our city secretary she was hired without our knowledge council didn't know she was hired our city government has been changed it was changed via ordinances I have to go on more and more about that
0:56:01 Speaker: but this is a city council meeting I appreciate y'all again letting me address the issues that people have come to me with as an elected official I appreciate you listening to me I appreciate y'all understanding what I'm coming from and I'll stop right now thank you so much thank you I will now entertain a motion
0:56:31 Speaker: to discuss, consider, take action to ratify percent of Texas tax code 5C the tax year 2026 admiral arm tax rate of $0.7741 $39 per $100 valuation established by operation of law following failure to timely adopt a tax rate I will now take that motion please, that motion by Mr. Cork, do you have anything further
0:57:07 Speaker: to say Ms. Mariani? are you wanting to yay or nay for me? I'm not asking for a vote I'm going to ask for a second but I'm giving everybody the opportunity to speak again according to parliamentary procedure not proper tools no I believe I pretty much express myself and I appreciate your asking me again
0:57:28 Speaker: thank you thank you, Mr. Cork no I'm fine Mr. Butcher Ms. Logan we have no other discussion on this I will now entertain a second all right we have no second we cannot therefore vote we have no old business executive session no need, open session no need I will now entertain a motion to adjourn I'll give you a motion to adjourn
0:58:41 Speaker: I have a motion by Ms. Bernardi to adjourn, I will entertain a second please second by Ms. Logan all in favor of adjournment aye saying aye all opposed nay the ayes have it we are adjourned on Tuesday, October 6, 2026 at 7.25 pm of the special session of the City Council of the City of Hawk Cove thank you
0:59:11 Speaker: sorry, just off the record I know Ms. Logan is formal but can you write a roll here I didn't like Ms. Logan as you stated you said you don't have access to the records to make, you know, Hawk Cove's made mistakes on the past, right? and this is not a dig if there was a election that hurt can't really address you but that's been going on for years
0:59:33 Speaker: so is the runners that you lead do they exist or is it just like we need to clear a council room this is outside a council meeting we need to clear a council room ma'am the meeting could you just not talk, please so she's not allowed to tell you because there was an ordinance passed in 2023 and if she says anything about it
0:59:55 Speaker: she could be fine 500 dollars if she says anything because the city business and the meeting is currently over, she's not allowed to talk to you if you want to answer that question you're going to have to ask those two ladies the one mean lady unless you're lying to me pardon me oh ma'am you're riding with snakes
1:00:19 Speaker: I don't know you could do anything I was trying to send a group here he had his light on and I was trying to get him to charge it all because I got light you just run everything don't you Miss Hodges Miss Ronna Miss Hodges which one would you prefer ma'am ma'am please ma'am