[00:00:02] WE'LL NOW CALL THIS MEETING TO ORDER AND WE WILL NOW MOVE INTO EXECUTIVE SESSION IN ACCORDANCE WITH TEXAS GOVERNMENT CODE SECTION 551.071 TO MEET WITH OUR LEGAL COUNSEL FOR ADVICE ABOUT PENDING OR CONTEMPLATED LITIGATION OR SETTLEMENT AGREEMENTS AND ON MATTERS IN WHICH THE DUTY OF THE ATTORNEY UNDER THE TEXAS DISCIPLINARY AND RULES OF PROFESSIONAL CONDUCT CONFLICTS WITH CHAPTER 55.1 AND I GUESS WE WILL ALSO BE HAVING AN EXECUTIVE SESSION IN ACCORDANCE WITH TEXAS GOVERNMENT CODE 551.072 TO DELIBERATE THE PURCHASE EXCHANGE, LEASE OR VALUE OF REAL PROPERTY AND SECTION 551.074 TO DISCUSS PERSONNEL MATTERS, EMPLOYMENT, EMPLOYMENT, EVALUATION OR ASSIGNMENT OF THE CITY ATTORNEY, CITY MANAGER AND CITY SECRETARY. WE ARE NOW ADJOURNED INTO EXECUTIVE SESSION. WE WILL RETURN FOR A WORK SESSION AROUND 1:30. ALL RIGHT, WE'RE BACK FROM OUR EXECUTIVE SESSION. WE'RE BACK IN OPEN SESSION AND WE HAVE A WORK SESSION ON FLOCK CAMERAS SCHEDULED FOR RIGHT NOW BUT WE'RE GOING TO GO AHEAD AND START WITH OUR [1. Invocation] CEREMONIAL ITEMS AND THEN GET TO OUR WORK SESSION AND SO OUR PRAYER TODAY OR INVOCATION WILL BE DELIVERED BY JOSH MCDONALD AND HE IS CHAPLAIN AT COVENANT. I LOST MY NOTES HERE JOSH SO AND HE WILL COME UP AND LEAD US IN OUR INVOCATION AFTER WHICH OUR MAYOR PRO TEM WILL LEAD US IN OUR PLEDGES OF ALLEGIANCE. YOU'LL STEP FORWARD AND EVERYBODY RISE AS YOU'RE ABLE. THANK YOU FOR THIS WONDERFUL OPPORTUNITY AND HONOR. IT IS A PRIVILEGE TO BE HERE AND I APPRECIATE THE GOOD WORK THAT YOU DO. BEFORE I STEP INTO PRAYER I JUST WANT TO READ TWO VERSES HERE FROM THE BOOK OF MICAH CHAPTER 6. CHAPTER 6 SAY HE HAS TOLD YOU OH MAN WHAT IS GOOD AND WHAT DOES THE LORD REQUIRE OF YOU BUT TO DO JUSTICE AND TO LOVE KINDNESS AND TO WALK HUMBLY WITH YOUR GOD. VERSE 9 THE VOICE OF THE LORD CRIES TO THE CITY AND IT'S SOUND WISDOM TO FEAR YOUR NAME. HEAR OF THE ROD AND OF HIM WHO APPOINTED IT. THE WORK YOU DO MATTERS TO JESUS AND IT MATTERS TO THE KINGDOM OF GOD. LORD JESUS WE THANK YOU FOR THIS VERY SPECIAL MOMENT. LORD WE THANK YOU THAT YOU HAVE BROUGHT US TOGETHER TO DO ULTIMATELY YOUR GOOD KINGDOM WORK. MAY WE HOLD TIGHT TO THE THINGS THAT YOU TOLD MICAH TO LOVE JUSTICE, KINDNESS, AND TO BE HUMBLE HUMBLE BEFORE YOU. LORD I PRAY FOR EACH AND EVERY PERSON HERE IN THIS ROOM. I PRAY THAT YOUR HOLY SPIRIT WILL BE MOVING POWERFULLY WITHIN THEM TO DRAW THEM NEAR TO YOU. I PRAY FOR THESE WONDERFUL PEOPLE IN FRONT OF ME AS THEY ARE IN THE POSITION LORD BECAUSE YOU HAVE APPOINTED THEM AND GOD YOU HAVE A GOOD WORK THAT YOU WANT TO DO AND SO GOD SPEAK CLEARLY THROUGH THEM. WORK THROUGH US SO THAT WE CAN SEE YOUR GOOD LOVE COME FORTH AND ABOVE ALL GOD MAY WE HUMBLY WALK YOU WALK WITH YOU AND GLORIFY YOUR NAME. IT'S IN JESUS NAME THROUGH THE POWER OF THE SPIRIT ALL THE GLORY OF GOD THE FATHER. AMEN. NOW IF YOU PLEASE [2. Pledges of Allegiance] JOIN ME IN THE PLEDGES OF ALLEGIANCE THE UNITED STATES AND TEXAS FLAG. 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. I PLEDGE ALLEGIANCE TO THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE AND INDIVISIBLE. ALL RIGHT, WE'RE GOING TO IN OPEN SESSION FIRST THING WE'RE GOING TO HAVE IS A WORK SESSION AND THEN WE WILL HAVE OUR CITIZEN COMMENTS [1. Flock Cameras] AFTER THAT AND SO I'M GOING TO CALL ON OUR CITY MANAGER TO BEGIN THE DISCUSSION WHICH WE HAVE ON OUR AGENDA REGARDING A FLOCK CAMERAS MR. CITY MANAGER. THANK YOU MAYOR CITY COUNCIL WE'RE GOING TO HAVE POLICE CHIEF SETH HERMAN COME UP WE'VE GOT A QUICK PRESENTATION AND OF COURSE BOTH HE AND I WILL STAND FOR ANY QUESTIONS THAT YOU MAY HAVE CHIEF. COUNCIL FEW SLIDES FOR YOU OBVIOUSLY YOU MAY HAVE SOME QUESTIONS I HOPE THAT I CAN CLARIFY ANYTHING AND HOPEFULLY CLEAR UP SOME MISINFORMATION MISCONCEPTIONS ABOUT THE PROGRAM SO WE'LL [00:05:09] BEGIN WITH THE FIRST SO THAT EVERYBODY IS CLEAR WE HAVE 10 FIXED ALPR SYSTEMS NOW FLOCK IS SIMPLY A COMPANY THEY ARE A DISTRIBUTOR OF THIS SPECIFIC PRODUCT THAT THEY CREATE HOWEVER ALPR IS THE SYSTEM ITSELF SO AUTOMATIC LICENSE PLATE READERS THESE SYSTEMS HAVE BEEN AROUND SINCE 1976 JUST SO EVERYONE'S CLEAR SO WE'VE GOT 50 YEARS OF USING ALPRS FOR A VARIETY OF REASONS NOT ONLY IN THIS COUNTRY BUT THROUGHOUT THE WORLD TO BE QUITE HONEST WITH YOU FROM TOW COMPANIES TO TRAFFIC ENFORCEMENT THERE'S A NUMBER OF REASONS THAT ALPRS ARE UTILIZED CURRENTLY WE HAVE 10 FIXED CAMERAS THROUGHOUT THE CITY TWO OF WHICH ARE NOT WORKING WE HAVE SIX MOBILE FLEX CAMERAS THESE ARE CAMERAS THAT CAN BE PLACED IN DIFFERENT LOCATIONS REMOTELY ACTIVATED AND DO NOT REQUIRE HARDWIRE INTO AN ELECTRICAL SYSTEM SO THEIR BATTERY OPERATED WE USE THOSE SYSTEMS PREDOMINANTLY IN AREAS OF HIGH CRIME OR IF WE HAVE A RASH OF SAY VEHICLE BURGLARIES WE WILL STATION THEM WITHIN A NEIGHBORHOOD THESE PARTICULAR CAMERAS ON YOUR SCREEN ARE ACTUALLY FIXED AT THESE INTERSECTIONS SIX CAMERAS ARE CURRENTLY PENDING TXDOT APPROVAL FOR INSTALLATION AND IT BEARS NOTE THAT THESE ARE STILL PHOTOGRAPHS ONLY THERE IS NO VIDEO THERE IS NO AUDIO ASSIGNED TO THESE CAMERA SYSTEMS THERE'S A 30-DAY RETENTION UNDER OUR CURRENT POLICY AS YOU MAY HAVE READ FLOCK IS MOVING TO A SEVENTH DAY ONLY RETENTION POLICY FOR ALL CAMERA SYSTEMS THAT'S STILL IN THE WORKS AND HAS NOT BEEN SOLIDIFIED AS OF YET NOW THE PURPOSE OF THESE SYSTEMS IS TO GENERATE INVESTIGATIVE LEADS THAT HELP OFFICERS IDENTIFY VEHICLES ASSOCIATED WITH CRIMINAL ACTIVITY THERE HAS TO BE A NEXUS TO CRIMINAL ACTIVITY FOR US TO EMPLOY THEM BEYOND THAT IF IT COULD IT COULD BE ALSO UTILIZED FOR A MISSING AND ENDANGERED PERSON BUT AGAIN THERE HAS TO BE A CRIMINAL INVESTIGATION ONGOING THIS IS A CLOSE-UP OF THOSE ACTUAL SYSTEMS AND AGAIN TWO OF THEM ARE CURRENTLY IN OPERATIVE NOW THESE ARE NOT ALPRS OR FLOCK SYSTEMS YOU HAVE YOUR VEHICLE MOTION DETECTION CAMERAS YOUR OPTICOM EMERGENCY VEHICLE SENSORS TRAFFIC SENSORS AND ENGINEERING TRAFFIC CAMERAS THESE ARE NOT ALPRS AND THEY'RE DEFINITELY NOT FLOCK SYSTEMS THESE ARE THOSE ARE THE ONLY TWO SYSTEMS THAT WE RUN THAT WE CURRENTLY HAVE ACCESS TO THIS IS WHAT IS CAPTURED BY THE ALPR SYSTEM NOW ABSENT OBVIOUSLY THE LICENSE PLATES THAT HAVE BEEN BLURRED TO PROTECT IT THE OWNERS OF THESE VEHICLES BUT THIS IS THE ONLY IMAGE THAT WE ARE PROVIDED THROUGH THE SYSTEM ITSELF THERE IS LICENSE PLATE VEHICLE MAKE AND MODEL COLOR VISIBLE CHARACTERISTICS OF THE VEHICLE ITSELF AND THEN A DATE AND TIME AND LOCATION THAT THE VEHICLE HAD PASSED THROUGH THE SYSTEM THIS DOES NOT CAPTURE THE DRIVER'S IDENTITY IT DOES NOT CAPTURE THE PASSENGER'S IDENTITY IT'S NOT FACIAL RECOGNITION DATA IT DOES NOT CAPTURE RACE GENDER OR OTHER DEMOGRAPHIC INFORMATION AND IT AGAIN IT DOES NOT CAPTURE AUDIO IN 2025 WE CONDUCTED FORTY NINE THOUSAND AND EIGHT SEARCHES THROUGH THIS SYSTEM NOW IT ALSO BEARS NOTE THAT A LOT OF THESE WERE DUPLICATES AND SOMETIMES MORE THAN DUPLICATES IF OFFICERS RESPONDED TO A ROBBERY IN PROGRESS AND A VEHICLE DESCRIPTION LICENSE PLATE WAS PUT OUT YOU MAY HAVE EVERY OFFICER RESPONDING TO THAT SCENE ACTUALLY PUTTING THIS LICENSE PLATE INTO THE SYSTEM OR SEARCHING FOR IT IN THE SYSTEM THAT COULD CONTINUE FOR THE AMOUNT OF TIME THAT PEOPLE WERE SEARCHING FOR THE SUSPECT ANY OFFICER THAT WAS INVOLVED IN THE SEARCH OR ANYONE COMING ON DUTY WHO WAS ALERTED TO THE EVENT SO MOST OF THESE QUITE FEW OF THESE ARE GOING TO BE DUPLICATES AND THEN ONGOING SEARCHES FOR THE SAME INFORMATION FROM THE SAME EVENT BETWEEN JANUARY AND JULY 2026 WE CONDUCTED THIRTY SEVEN THOUSAND ONE HUNDRED NINETEEN SEARCHES AGAIN A LOT OF THOSE ARE MULTIPLE SEARCHES FOR THE SAME INSTANCE THIS IS THE INFORMATION THAT IS REQUIRED TO INPUT A LICENSE PLATE OR VEHICLE DESCRIPTION INTO THE SYSTEM THE OFFENSE NUMBER CASE NUMBER THE REASON FOR THE SEARCH HOW IT'S AFFILIATED WITH THE EVENT LICENSE PLATE NUMBER LICENSE PLATE STATE VEHICLE SIGNATURE CHARACTERISTICS IF THE LICENSE PLATE IS UNKNOWN SO COLOR MAKE MODEL THE SEARCH LOCATION IN A TIME FRAME ALL OF THESE ARE REQUIRED TO OBTAIN THIS DATA THIS IS WHAT OUR OFFICERS ARE UTILIZING THE SYSTEM FOR AS YOU CAN SEE THE [00:10:01] PRIMARY REASON IS STOLEN VEHICLES BEYOND THAT IT'S WANTED PERSONS GENERALLY FELONS THEFT EVENTS ASSAULTS ROBBERY WEAPONS OFFENSES HIT-AND-RUN CRASHES OTHER AND HOMICIDE NOW OTHER CAN CONSTITUTE ANYTHING FROM A CHECK SUBJECT CHECK VEHICLE CALL TO SUSPICIOUS INDIVIDUALS OR IN VEHICLES WITHIN IMMEDIATE AREA THE ACCOUNTABILITY AND PRIVACY LPD POLICY GOVERNING ALPR USE REQUIRES LEGITIMATE LAW ENFORCEMENT PURPOSES ONLY THE OFFICER OR DETECTIVE VERIFICATION REQUIRED BEFORE ENFORCEMENT ACTION IS ALLOWED INVESTIGATORY HITS REQUIRED DEVELOPMENT OF PROBABLE CAUSE A HIT IN AND OF ITSELF IS NOT PROBABLE CAUSE FOR ARREST SEARCHES AND SYSTEM ACTIVITY ARE AUDITABLE MEANING THAT WE CAN GO INTO THE SYSTEM AND AUDIT WHATEVER INFORMATION IS INPUTTED BY A PERSONNEL AT ANY POINT IN TIME IN ADDITION TO THAT THE SYSTEM ITSELF RECOGNIZES ANOMALIES AND PUTS THOSE INTO A SEPARATE FILE THAT WE HAVE TO REVIEW AS THEY COME ABOUT NOW WE DO THAT AT LEAST ON AN EVERY SIX MONTH BASIS RIGHT NOW BUT WILL PROBABLY INCREASE THE FREQUENCY OF THAT SINCE THE INCEPTION OF THIS TECHNOLOGY IN LUBBOCK WE'VE HAD 277 ANOMALY EVENTS THAT HAD TO BE INVESTIGATED EVERY ONE OF THEM HAS BEEN INVESTIGATED AND FOUND TO BE A TRUE AN ACTUAL CRIMINAL EVENT THERE'S A 30-DAY CURRENT RETENTION RECORDS AUTOMATICALLY ARE PURGED AFTER THAT 30-DAY PERIOD AGAIN FLOCK POLICY IS MOVING THAT TO SEVEN DAYS ONLY OUTSIDE DISSEMINATION IS DOCUMENTED WITH SHARING GOVERNED BY LPD POLICY AND MOUS MEANING THAT WE DO NOT SHARE INFORMATION WITH ANY OTHER ENTITY UNLESS WE HAVE DEVELOPED AN MOU WITH THAT GROUP AND HAVE AGREED TO THE SHARING OF THAT INFORMATION WE HAVE DENIED CERTAIN AGENCIES SHARING OF INFORMATION THEY WERE GENERALLY NON LAW ENFORCEMENT GROUPS SO A HOSPITAL DISTRICT IS ONE NOW I JUST LEFT A MEETING OF THE TEXAS POLICE CHIEFS ASSOCIATION EXECUTIVE BOARD TWO WEEKS AGO THIS IS YOU CAN IMAGINE WAS A HOT TOPIC CURRENTLY TPCA IS PUSHING FOR LEGISLATION THAT WOULD MAKE IT A HIGHER CRIMINAL OFFENSE AND A SEPARATE CRIMINAL OFFENSE FOR VIOLATION OF ALPR REQUIREMENTS NOT ONLY THAT BUT TPCA IN CONJUNCTION WITH TCOLE TEXAS COMMISSION ON LAW ENFORCEMENT WHICH IS OUR EDUCATION AND LICENSING BODY WITHIN THE STATE ARE WORKING TO CREATE A TEMPLATE REPORT THAT IS REQUIRED FOR EVERY SINGLE AGENCY IN TEXAS TO UTILIZE IN ORDER TO EMPLOY AN ALPR SYSTEM FLOCK SYSTEMS CONTINUE TO STRENGTHEN THEIR AUDIT PROCESS AND ACCESS AND MISUSE DETECTION SAFEGUARDS THE TRANSPARENCY AND PUBLIC TRUST THIS IS THE PORTAL THAT'S AVAILABLE LUBBOCK TEXAS PD TRANSPARENCY PORTAL SHOWS WHY WE USE FLOCK HOW LONG INFORMATION IS KEPT WHO DO WE SHARE THIS INFORMATION WITH BEING OTHER AGENCIES AND IT SHOULD BE NOTED WE DO NOT SHARE IT WITH CUSTOMS AND BORDER PROTECTION THIS IS NOT UTILIZED FOR IMMIGRATION ENFORCEMENT HOW OFTEN OFFICER SEARCH THE SYSTEM AND LPDS RULES FOR USING THE SYSTEM SO OUR BUILT-IN ACCOUNTABILITY OF OVERSIGHT IS TO DETECT ANY ANOMALIES WITHIN THE SYSTEM AND TO INVESTIGATE THEM AND TO DETERMINE WHETHER OR NOT THEIR LEGITIMATE USES OF THE SYSTEM OR SOMETHING NEFARIOUS WE REVIEW THIS INFORMATION USING OUR TECHNOLOGY UNIT BUT THAT INFORMATION IS ALSO FOLLOWED UP THROUGH THE CHAIN OF COMMAND TO MY OFFICE AND THEN RESOLUTION WE HAVE YET TO ENCOUNTER AN EVENT WHERE AN OFFICER USE THIS SYSTEM NEFARIOUSLY OR OUTSIDE OF THE BOUNDARIES OUR POLICIES AND PROCEDURES OR STATE LAW HOWEVER IF WE DID IT WOULD REQUIRE NOT ONLY AN INTERNAL INVESTIGATION BUT ALSO WANTED A CRIMINAL LEVEL MEANING THAT THAT INDIVIDUAL COULD POTENTIALLY LOSE THEIR JOB AS WELL AS BE JAILED NOW I'VE BEEN DOING THIS A LONG TIME ALPRS HAVE BEEN AROUND FOR OBVIOUSLY A LONG TIME LONGER THAN I'VE BEEN DOING IT BELIEVE IT OR NOT I KNOW IT SOUNDS IMPOSSIBLE BUT WE HAVE HAD OFFICERS WHO HAVE VIOLATED A NUMBER OF RULES AND REGULATIONS AND I'M NOT TALKING ABOUT LUBBOCK I'M TALKING ABOUT THROUGHOUT THE UNITED STATES THEY HAVE ACCESS TO INFORMATION THAT THE GENERAL PUBLIC DOES NOT SEE JUST PROTECTED INFORMATION IS THERE A POSSIBILITY TO VIOLATE IT ABSOLUTELY THERE IS ARE THERE CONTROLS IN PLACE TO IDENTIFY AND ADDRESS THOSE ISSUES THERE ABSOLUTELY ARE WE HAVE A VERY ROBUST INTERNAL SYSTEM I'VE BEEN INVOLVED IN INVESTIGATIONS WITH PERSONNEL IN MY PREVIOUS JOB WHERE THEY UTILIZED A DRIVER'S LICENSE CHECK OR A LICENSE PLATE CHECK FOR SOMETHING OTHER THAN A CRIMINAL INVESTIGATION THOSE INDIVIDUALS WERE FIRED AND PROSECUTED WE HAVE THESE CONTROLS AND IT'S OUR DILIGENCE THAT KEEPS EVERYONE ON THE STRAIGHT AND NOW ARE THERE ANY QUESTIONS [00:15:08] OKAY LET'S SEE THE BLINKING OH THE GREEN ONE RIGHT OKAY COUNCILMAN HARRIS GOOD AFTERNOON CHIEF I GOT A COUPLE OF QUESTIONS WITH THESE FLOCK CAMERAS AS FAR AS THEM READING THE LICENSE PLATE DOES IT SAID INFORMATION BACK IF SOMEONE LIKE SAY IT'S DRIVING WITHOUT A DRIVER'S LICENSE OR IF THEY HAVE NO INSURANCE OR IF THEY HAD PRIOR TICKETS AND IF IT PRIOR TICKETS HAVE TURNED INTO A WARRANT DOES THAT IS THAT WARRANT A FELONY OR IS IT A MISDEMEANOR NO, SIR THE INFORMATION HAS TO BE INPUTTED IN THE SYSTEM FOR SPECIFIC REASONS SO THOSE ARE NOT CRITERIA THAT WE UTILIZE WE'RE LOOKING FOR FELONS WHO HAVE FLED STOLEN VEHICLES HOMICIDE SUSPECTS THEFT RINGS THAT SORT OF THING THESE ARE NOT IDENTIFYING INDIVIDUALS WHO HAVE TRAFFIC TICKETS OR DON'T HAVE A DRIVER'S LICENSE AGAIN A LICENSE PLATE IS ASSIGNED TO A VEHICLE NOT TO AN INDIVIDUAL THESE ARE INVESTIGATIVE TOOLS BUT THEY THEY AREN'T USED FOR THOSE SORTS OF THINGS IF THAT MAKES SENSE THANK YOU JUST TO FOLLOW UP ON HIS JUST SO THAT WOULD NOT BE A CRIMINAL VIOLATION THAT WOULD LEAD TO A SEARCH IN YOUR SYSTEM I JUST SOMEONE DRIVING WITHOUT A LICENSE OR SOMEONE NO SO THEY DON'T HAVE TO KNOW THAT AND PUT THAT IN THE SYSTEM AS A VIOLATION YOU HAVE A CODE I ASSUME OR SOMETHING FOR A VIOLATION YEAH HOW IT CAN BE USED YES SIR THAT'S NOT AND AGAIN I GO BACK TO YOU THAT'S NOT WHAT WE UTILIZE THE SYSTEM NO OKAY ALL RIGHT MAYOR PRO TEM THANKS CHIEF I APPRECIATE ALL THE INFORMATION SINCE I KNOW THERE'S A LOT OF MISINFORMATION OUT THERE ABOUT THE ALP OUR CAMERA SYSTEMS MY QUESTION IS DO WE KNOW IF THE FLOCK COMPANY THE ACTUAL COMPANY WHO MAKES THESE CAMERAS AND PUTS THEM OUT THERE DO THEY HAVE ACCESS TO OUR INFORMATION OR IS IT COMPLETELY INTERNAL LIKE COULD YOU CALL THEIR FLOCK IT UP THERE AT THE THE ORIGINAL COMPANY AND COULD THEY ACCESS OUR SYSTEM NO AND THEY DO NOT MAINTAIN ACCESS TO THAT INFORMATION IN FACT IT'S PROPRIETARY FOR US ALONE THERE'S SIMPLY THE CONDUIT FOR IT PERFECT THANK YOU SIR APPRECIATE IT COUNCILWOMAN MARTINEZ-GARCIA THE LOCATIONS PLEASE I CAN TRY BUT I CAN'T WELL THAT'S NICE THERE WE GO I DON'T KNOW HOW THAT WORKS NUMBER THREE NUMBER THREE THAT'S NOT GONNA OH PLEASE YES THIS IS WHY I'M SO GOOD AT TECHNOLOGY WHAT PAGE THREE I THINK SO THE CAMERAS IN RED ARE THE CAMERAS THAT ARE OUT YES, MA'AM THEY'RE IN OPERATIVE RIGHT NOW AND THEN I NOTICED I'M NOT SURE WHAT STREET THIS IS I'M ASSUMING THERE'S FOUR CAMERAS ALL FACING INTO EACH OTHER WHAT WHAT AREA IS THAT SO I CAN WHAT STREET WHAT STREET I'LL HAVE TO LOOK IT UP FOR YOU MAN IT IS INDIANA THANK YOU OKAY AND THEN CAN WE GO BACK TO THE PICTURES THIS IS VERY EASY FOR THE PUBLIC TO GET CONFUSED AND THAT'S WHY I THINK THAT THEY'RE SUGGESTING THAT THERE'S MULTIPLE CAMERAS INSTEAD OF JUST THE EIGHT YES, MA'AM THOSE EIGHT ARE CITY OF LUBBOCK'S NOW AUTO THEFT TASK FORCE MAY HAVE MORE THE COUNTY MAY HAVE MORE THE STATE MAY HAVE MORE THESE ARE THE ONLY ONES THAT WE OWN AND OPERATE DID YOU WANT TO GO BACK I'D LIKE FOR JUST TO SHOW THE PUBLIC ONE MORE TIME THE CAMERAS THAT ARE IN QUESTION AND WE'VE GOT YOU HAVE THE ONES THAT SHOWED THE ONES THAT BELONG TO TRAFFIC AH YES RIGHT THERE RIGHT HERE YEAH SO NONE OF THESE ARE FLOCK CAMERAS AND HOW AGAIN CAN WE IDENTIFY THE DIFFERENCE WELL NONE OF THESE ARE ALPR'S THESE ARE THE ONLY TWO SYSTEMS THAT WE HAVE AND SO IT'S EASY FOR THE PUBLIC TO MAKE ASSUMPTIONS THAT THERE ARE MORE THAN WE ACTUALLY HAVE YES, MA'AM YEAH AND THEN THE OTHER QUESTION THAT I HAD AND I APPRECIATE KNOWING THAT NONE OF THIS INFORMATION IS BEING SHARED WITH OUTSIDE DEPARTMENTS AND WHATNOT BUT I THINK I JUST WANT FOR THE PUBLIC TO GET AN OPPORTUNITY THEY CAN LOOK AT THE REPORT THAT YOU WERE TALKING ABOUT FOR TRANSPARENCY WHERE DO THEY NEED TO GO FOR THAT THAT'S [00:20:01] ON THE PORTAL MA'AM THAT'S ON THE LPD PORTAL YES, MA'AM YEAH THE LUBBOCK TEXAS PD TRANSPARENCY PORTAL PERFECT AWESOME I JUST I THINK SOMETIMES PEOPLE WILL READ A HEADLINE THEY DON'T READ THE ARTICLE OR THEY MAKE ASSUMPTIONS BUT I THINK THIS IS A CLEAR MESSAGE THAT YOU'RE AN OPEN BOOK NOT OPEN TO JUST ANYBODY BUT IT IS BECAUSE WE ARE AND HAVE DECREASED THE CRIME OVER THE LAST THREE YEARS AND IT'S TOOLS LIKE THIS THAT DO HELP BUT FOR THE PUBLIC'S COMFORT YOU KNOW WE'RE JUST ASKING JUST TO MAKE SURE BECAUSE I THINK THAT'S IMPORTANT AS WELL ABSOLUTELY AND I THINK IT'S IMPORTANT THAT THE PUBLIC UNDERSTAND QUITE FRANKLY WE DON'T HAVE THE TIME NOR INCLINATION TO FOLLOW YOU AROUND I REALLY DON'T CARE IF YOU GO TO THE STORE AND WHAT TIME WE'RE LOOKING FOR CRIMINALS WE'RE LOOKING TO PUT CRIMINALS IN JAIL TO SUPPRESS CRIME AND DECREASE VICTIMIZATION THAT'S IT 100 PERCENT AND AGAIN IS THERE A POSSIBILITY THIS SYSTEM COULD BE VIOLATED IT ABSOLUTELY COULD YOU'VE SEEN THOSE INSTANCES THROUGHOUT THE UNITED STATES WHERE OFFICERS HAVE BEEN ARRESTED AND FIRED BUT THAT PROVES THAT THE SYSTEM WORKS THERE ARE CONTROLS IN PROCESS FOR THAT REASON AND NOW WITH THE INTENTION OF PUSHING FOR THE LEGISLATURE TO CREATE A SEPARATE CRIMINAL OFFENSE IT'S GOING TO BE OF A HIGHER DEGREE THAN WHAT TRADITIONALLY WE WOULD HAVE APPLIED TO THESE EVENTS MY HOPE IS THAT IT WILL DECREASE THE NUMBER TO ZERO THANK YOU COUNCILMAN COLLINS THANK YOU SO AS WE CONTINUE TO WORK THROUGH THE QUESTIONS OR THE QUESTIONS IN MY MIND AND YOU SHOWED PICTURES OF THE NUMEROUS I GUESS AT VIRTUALLY EVERY INTERSECTION WE HAVE TRAFFIC CONTROL CAMERAS WHICH ARE READING VEHICLES AS THEY COME THROUGH TO HELP US DETERMINE WHEN THE RED LIGHT SHOULD CHANGE IS THAT THAT'S MY UNDERSTANDING OF THIS YES THAT BASICALLY IS THEIR PURPOSE AND SO IF IN USING THE FLOCK CAMERAS OR THE ALP OR AL AUTOMATIC LICENSE PLATE READ ALPR I CAN EVEN CONFUSE YOU YES I'M ALREADY THERE YEAH THANK YOU WELL SO IN USING THAT SYSTEM IS THAT I MEAN WITH THAT SYSTEM MY SENSE IS THAT IT'S POST EVENT YOU ARE LOOKING FOR A LICENSE PLATE YOU ARE ABLE TO ENTER THAT LICENSE PLATE AND SEE IF IT WAS IN A LOCATION AT A TIME IN THE PAST CORRECT YES TELL ME CAN YOU ENTER THAT LICENSE PLATE AND LEAVE IT ON TO SEE IF THAT LICENSE PLATE TRIGGERS TOMORROW YES WHERE IT WILL ALERT SO THAT 30-DAY WINDOW IT CAN SHOW ALERTS UP TO THAT 30-DAY WINDOW SO IF IT PASSES ANOTHER ALPR IF WE'RE TRYING TO TRACK THE VEHICLE TO LOCATE THE SUSPECTS THEN IT WILL NOTIFY US WHEN THAT VEHICLE PASSES THROUGH AN ALPR SYSTEM THAT WE HAVE ACCESS TO IF IT'S CAUGHT IF IT'S A CAR YES THERE ONLY VEHICLES RIGHT NO BUT I MEAN IF IT'S NOT A CAR IF IT'S CAUGHT CAUGHT ON THE ALPR YEAH YES SO OF A HUNDRED VEHICLES THAT MIGHT PASS THROUGH A CAMERA HOW MANY OF THEM ARE ACTUALLY DETECTED ALL SOME A FEW I WOULD SUGGEST THAT THE SYSTEM DETECTS THEM BUT IT DOESN'T FLAG THEM IT DOESN'T MAKE A NOTIFICATION OF THEM AND IT'S ON A PURGING SYSTEM SO IF YOU HAVEN'T ENTERED SOMETHING INTO THE SYSTEM EVENTUALLY IS ALL THAT ALL THAT DATA GOES AWAY OKAY BUT IF YOU HAVE IF MY LICENSE PLATE WERE IN YOUR FLAG WHICH I EXPECT IT WILL BE TOMORROW SO IF MY LICENSE PLATE IS ENTERED AND AND IT SHOWS UP TOMORROW WITH 50TH AND INDIANA IN ALL LIKELIHOOD YOU'RE GONNA KNOW THAT I WAS THERE YES THE CAMERA IS GOING TO GIVE YOU THE INDICATION THAT I WAS AS LONG AS THAT INFORMATION WAS INPUT OF THE SYSTEM CORRECTLY AND THERE'S A OBVIOUSLY A REASON FOR IT FROM A CRIMINAL'S NATURE YES, SIR YEAH OKAY THANK YOU IN OTHER WORDS IT'S NOT LOOKING FOR HIS LICENSE PLATE UNLESS IT'S ASSOCIATED WITH TIM'S CRIMINAL VIOLATION RIGHT OKAY THAT'S GOOD ALL RIGHT YES HIS PARTICULAR COUNCILMAN GREEN MY QUESTION IS THE CONSTITUTIONALITY OF THE PROGRAM ITSELF AND THIS MIGHT BE MORE OF OPINION BASED QUESTIONS FROM YOU OR WELL DO YOU AT YOUR MEETING I'M SURE YOU GUYS TALKED ABOUT A COUPLE WEEKS AGO ANY LOWER COURT DECISIONS THAT RULED IN FAVOR OF THIS TYPE OF PROGRAM AND RULED AGAINST THIS TYPE OF PROGRAM QUITE HONESTLY SIR WE HAVE NOT SEEN ANY THAT RULED AGAINST IT AS FAR AS A A COURT SYSTEM I WOULD ASSUME THE SUPREME COURT WERE RIGHT WAY AND AT SOME POINT I'VE NOT HEARD ANY [00:25:01] RULINGS FROM THEM MY UNDERSTANDING IS THAT THE GOVERNMENT CURRENTLY VIEWS IT AS IF YOU COULD PUT AN OFFICER AT THAT INTERSECTION TO MONITOR TRAFFIC THEN YOU CAN PUT A CAMERA IT'S THE PUBLIC ROADWAY IT'S OUT IN THE OPEN SO THERE'S NO EXPECTATION OF PRIVACY DRIVING DOWN A PUBLIC ROAD THAT WOULD BE MY ASSUMPTION OF IT BUT I HAVE NOT READ ANY RULINGS AND THAT'S WHAT MY ASSUMPTION IS TOO BECAUSE AND I HAVE LOOKED UP ANY COURT CASES AND YOU'RE RIGHT I THINK THE COURT CASES THAT I'VE FOUND ALSO RULE IN FAVOR OF THE FLOCK CAMERAS BUT EVENTUALLY I AGREE I THINK THIS WILL GO TO THE SUPREME COURT AND BUT IN THE MEANTIME YOU KNOW THAT'S WHAT OUR DECISION WILL NEED TO BE IS TO WHETHER OR NOT WE BELIEVE THAT THE FOURTH AMENDMENT IS BEING VIOLATED OR NOT AND THAT'S GOING TO BE A TOUGH DECISION BETWEEN NOW AND THEN SO ANYWAY THANK YOU. COUNCILMAN BRUEGEL. CHIEF CAN YOU PLEASE TELL US A LITTLE BIT MORE ABOUT THE NATURE OF DETERMINING PROBABLE CAUSE BEFORE YOU USE THESE CAMERAS I REALIZE THAT'S MAYBE AN ELEMENTARY CAMP QUESTION BUT FOR SOME OF THE AUDIENCE THAT MAY NOT BE AS FAMILIAR WITH THAT CAN YOU WALK US THROUGH THAT PROCESS FOR OBTAINING PROBABLE CAUSE? YES, SIR LET'S SAY THAT WE HAVE INFORMATION THAT A SPECIFIC VEHICLE IS INVOLVED IN NAME IT A ROBBERY OR RAPE A SERIES OF ONGOING THEFT RING WHATEVER IT MAY BE THAT INFORMATION IS INPUTTED IN THE SYSTEM OBVIOUSLY UNDER AN ESTABLISHED CASE NUMBER HOWEVER THAT VEHICLE MAY BE TRACKED THROUGH THE SYSTEM AND IT MAY LEAD TO SAY A TRAFFIC STOP HOWEVER ANYTHING BEYOND THAT WILL REQUIRE PROBABLE CAUSE AND ACTUALLY THE TRAFFIC STOP BEYOND REASONABLE SUSPICION WOULD CAUSE REQUIRE PROBABLE CAUSE SO THE SYSTEM IN AND OF ITSELF IS NOT THE END ALL BEAT ALL AS FAR AS AN ARREST OR THE CLOSURE OF AN INVESTIGATION IT'S ONLY AN INVESTIGATIVE LEAD IT DOES NOT ESTABLISH FOR AN ARREST NOR SEARCH WARRANT NOR ANYTHING BEYOND THE INITIAL CONTACT. THANK YOU. ALL RIGHT, A COUPLE OF QUESTIONS I'VE GOT HOW ARE THESE CAMERAS PAID FOR? I'M SORRY SIR. HOW ARE THE CAMERAS PAID FOR? WE'RE PAYING FOR THE AMOUNT OF BUDGET. OUT OF YOUR BUDGET? YES, SIR. ALL RIGHT, DOES DO YOU RECEIVE ANY MONEY FROM THE STATE OR THE FEDERAL GOVERNMENT TO OFFSET THE COST OF THAT? I BELIEVE WE DID INITIALLY BUT NOT ANYMORE SIR. ALL RIGHT, AND ABOUT WHAT DOES IT COST TO OPERATE THIS SYSTEM? IT JUST DEPENDS ON THE NUMBER OF CAMERAS SIR I THINK CURRENTLY OUR INITIAL PROCESS STARTED WITH TRYING TO REMEMBER. I DON'T KNOW IF OUR CITY MANAGER HE'S GOT HIS LIGHT ON HE MAY KNOW THE ANSWER TO THAT QUESTION. I DON'T HAVE THE EXACT NUMBER BUT THE CURRENT THE CONTRACT THAT IS IN YOUR PROPOSED BUDGET I BELIEVE IS TWO HUNDRED AND SEVENTY TWO THOUSAND. SOUND RIGHT? I THOUGHT 86 WAS CLOSER TO IT BUT THAT MAY HAVE BEEN. THERE'S A DIFFERENCE BETWEEN 86. THERE'S A LITTLE DIFFERENCE. I'M NOT A MATH GUY BUT YES, SIR. WE'LL TRY TO PULL THAT. WE CAN PULL THAT INFORMATION. YES, SIR. ALL RIGHT, JOE'S LOOKING IT UP RIGHT NOW? OKAY. YES REAL TIME JOE. OKAY WE'LL HAVE AN ANSWER HERE IN JUST A LITTLE BIT. OH HANG ON A SECOND. SO FLOCK ITSELF IS MOVING DOWN TO THE SEVEN DAY RETENTION PERIOD. YES, SIR. AND I KNOW THAT THE OWNER OF FLOCK IS YOU KNOW OBVIOUSLY FEELING SOME OF THE HEAT YOU KNOW TO DO THAT BUT FLOCK DOES MAINTAIN ALL THE INFORMATION ON THEIR SERVERS OR ON THE CLOUD DO THEY NOT? THAT'S YES, SIR FOR A PERIOD OF TIME TILL IT'S FIRST. OKAY DO WE DOES OUR CONTRACT WITH THEM HAVE ANY RESTRICTIONS ON WHAT THEY CAN DO WITH THE INFORMATION THAT THEY HAVE? I KNOW THERE ARE RESTRICTIONS ON WHAT YOU WILL DO WITH IT INTERNALLY. WHAT IF ANY RESTRICTIONS DO YOU KNOW OF THAT ARE ON FLOCK ITSELF ON HOW THEY USE THAT INFORMATION? THEY ARE NOT PERMITTED TO UTILIZE IT FOR ANY OTHER NEED OTHER THAN OUR OWN. THAT'S OUR PROPRIETARY INFORMATION UNLESS WE MAKE AN AGREEMENT WITH ANOTHER LAW ENFORCEMENT AGENCY TO SHARE OUR INFORMATION. ALL RIGHT, SO THEY'RE NOT FREE TO SHARE THAT INFORMATION EXCEPT BACK TO YOU FOR A LEGITIMATE PURPOSE AND A QUERY THAT YOU MAKE TO IT TO GET THAT INFORMATION. THAT'S CORRECT SIR YES. ALL RIGHT. SO LET'S TALK A LITTLE BIT ABOUT IF SOMEONE INPUTS A LICENSE PLATE NUMBER AND DOESN'T COMPLETE ALL OF THE INFORMATION DOESN'T ASSIGN IT TO A OPEN INVESTIGATION OR SOMETHING LIKE THAT IS THAT WHAT IS AN ANOMALY IS THAT WHAT YOU CALL AN ANOMALY? YES, SIR THAT WOULD BE A FLAGGED EVENT. OKAY AND WHEN YOU'VE LOOKED AT YOU SAID YOU HAD SOME ANOMALIES BUT YOU'VE NOT DETECTED AN IMPROPER USE IS THAT BECAUSE INCOMPLETE INFORMATION ENTRY OR WHAT? GENERALLY IT'S DUPLICATE INFORMATION SO IT MAY BE MULTIPLE OFFICERS INPUTTING THE SAME LICENSE PLATE IT MAY BE [00:30:01] ONE OFFICER WHO'S CONTINUING TO SEARCH FOR THE SAME VEHICLE SO THEY CONTINUE TO INPUT THE INFORMATION BUT AGAIN NONE OF THEM HAVE BEEN USED FOR AS I WOULD CALL IT NEFARIOUS ILLEGAL ACTIVITY. ALL RIGHT, AND YEAH JUST KIND OF RESPOND A LITTLE BIT TO COUNCILMAN GREEN'S CONCERNS I THINK FOURTH AMENDMENT CONCERNS ARE CONCERNS THAT WE ALL SHARE YOU KNOW I STARTED OFF MY LEGAL CAREER WORKING FOR THE FEDERAL JUDGE HERE AND WORKING ON CASES IN WHICH PEOPLE'S POTENTIALLY HAD THEIR FOURTH AMENDMENT RIGHTS VIOLATED THE JUDGE I WORKED FOR WAS VERY STRONG ABOUT THAT AND VERY STRONG ABOUT POSSIBLE GOVERNMENT OVERREACH I THINK WHAT YOU'VE TOLD US HERE TODAY IS ADDED QUITE A BIT OF CONFIDENCE TO ME ANSWERED SOME OF MY CONCERNS BUT I KNOW THERE ARE A LOT OF CONCERNS OUT THERE AMONG PEOPLE BUT YOU KNOW ALL OF OUR FOURTH AMENDMENT PROTECTIONS AGAINST SEARCH AND SEIZURE YOU KNOW THE LAW THE CONSTITUTION IS WE'RE PROTECTED AGAINST UNREASONABLE SEARCH AND SEIZURE NOT AGAINST ANY OR ALL IT HAS TO BE UNREASONABLE AND OF COURSE PEOPLE CAN HAVE DIFFERENCES OF OPINIONS THAT'S WHY CASES COURTS RULE IN ON THAT ISSUE TO TRY TO FIGURE OUT WHAT THAT IS BUT SO FAR THERE'S NOT BEEN A COURT THAT SAYS THAT THE USE OF THIS SYSTEM IS AN UNREASONABLE ONE THE FACT THAT SOMEONE MAY VIOLATE A SEARCH OR SEIZURE RULE THAT WE'VE ESTABLISHED DOESN'T MEAN WE DO AWAY WITH PROBABLE CAUSE SEARCH OR SEIZURE WE TAKE THE APPROPRIATE ACTION AGAINST THE OFFICER WHO MIGHT HAVE VIOLATED THAT PERSON'S RIGHTS THAT'S HOW WE DEAL WITH IT WE DON'T JUST DO AWAY WITH PROBABLE CAUSE ARRESTS BECAUSE SOMEONE MIGHT VIOLATE IT OR WE WOULD HAVE VIRTUALLY NO ARRESTS IN THIS COUNTRY SO IT'S A BALANCING OF THAT AND WHAT WE'RE TRYING TO DO IS COME TO WHAT IS A REASONABLE BASIS FOR HAVING AND OPERATING THIS SYSTEM I'M HAPPY TO HEAR WHAT YOU HAVE SAID TODAY IT GIVES ME QUITE A BIT MORE CONFIDENCE IN THE SYSTEM AND I THINK PROBABLY IT'S GOOD THAT PEOPLE SEE ALL THOSE CAMERAS THEY SEE UP ON THE TRAFFIC LIGHTS ARE NOT FLOCK CAMERAS NO, SIR AND THEIR TRAFFIC CONTROL CAMERAS AND THERE ARE THEY THE ONES THAT TURN THE LIGHTS RED WHEN THE FIRE TRUCKS ARE GOING THROUGH IT SO THAT'S WHAT THOSE CAMERAS ARE WE HAVE VERY FEW HERE IN THE CITY THAT ARE OPERATED BY THE CITY THERE ARE ONES OPERATED BY THE COUNTY AND WE HAVE NO CONTROL OVER THAT AND SO I APPRECIATE YOUR INPUT HERE TODAY ARE THERE OTHER QUESTIONS I COUNCILWOMAN MARTINEZ-GARCIA ONCE AGAIN AND IT'S NOT I THINK THERE'S SUCH A MISTRUST OF GOVERNMENT IN PART BECAUSE OF WHAT WE'VE SEEN EVEN OUR VOTING INFORMATION HAS NOW BECOME ACCESSIBLE AND EVEN THOUGH WE'RE HEARING THAT THERE'S NO POSSIBILITY AND THAT WE IT IS PROTECTED I JUST YOU KNOW I THINK SOME OF US ARE STILL A LITTLE BIT CONCERNED AND SO ALL I ASK OF YOU AND YOUR STAFF IS TO PLEASE PLEASE ALWAYS BE MINDFUL OF THIS THESE CAMERAS AND THE LIABILITY THAT IT COULD CREATE FOR ALL OF US IT'S OUR TOP PRIORITY IS TO MAKE SURE THAT THERE'S NO MISUSE OF THIS SYSTEM BECAUSE WHEN IT GOES AWAY I'LL BE QUITE FRANK WITH YOU CRIME WILL INCREASE EVERY TIME WE PUT A CRIMINAL IN JAIL AS A RESULT OF THIS FLOCK SYSTEM THAT'S MULTIPLE VICTIMS WHO ARE NOT VICTIMIZED BECAUSE THEY ARE ARRESTED BECAUSE STATISTICALLY SPEAKING THE ONLY THING THAT CURBS CRIME IS TO PUT CRIMINALS IN JAIL THERE IS NO OTHER CONDUIT THIS ASSISTS US IN THAT AND WITHOUT THESE CAMERAS AND TECHNOLOGY SIMILAR TO THAT WE'RE GONNA NEED A HECK OF A LOT MORE OFFICERS I'LL JUST BE HONEST WITH YOU AND I'M JUST GONNA CLOSE WITH ONE MORE QUESTION WHY WERE THE AREAS THAT ON THE MAP WHY WERE THOSE SELECTED HIGH TRAFFIC AREAS THEY MAY BE THOROUGHFARES THAT LEAD FROM ONE INTO TOWN TO THE OTHER THERE'S ALWAYS A HIGH CONCENTRATION OF ACTIVITY WITHIN THOSE AREAS SO YOU HAVE MULTIPLE VEHICLES RUNNING THROUGH THOSE INTERSECTIONS SO THE LIKELIHOOD OF A TARGET VEHICLE GOING THROUGH THERE IS IS HEIGHTENED OKAY THANK YOU YES, MA'AM MAYOR PRO TEM K-FED IS PERSONALLY WANT TO SAY THANK YOU I KNOW Y'ALL'S JOB GETS CRITICIZED A LOT THAT YOU'RE ALWAYS OUT THERE TRYING TO DO BAD WHEN YOU'RE ABSOLUTELY TRYING TO DO GOOD AND I'M JUST USING YOU AS THE GENERAL GENERALIZATION FOR ALL LAW ENFORCEMENT BUT I CAN TELL YOU AS A MAMA OF TWO GIRLS IF SOMETHING WAS EVER TO HAPPEN TO THEM I HOPE YOU USE EVERY TOOL AT YOUR DISPOSAL TO FIND MY BABIES SO THANK YOU YOU'LL GO IN SEND ME THEIR LICENSE PLATES ABSOLUTELY YOU TRACK THEM ALL DAY LONG I DON'T CARE GOT THAT PERMISSION RIGHT THERE YEAH I THINK THE EPITOME OF A BIG GOVERNMENT IS THE OLD SOVIET RULE YOU SHOW ME THE MAN I'LL FIND A CRIME YOU KNOW THIS IS NOT A SHOW ME A LICENSE [00:35:02] PLATE AND I'LL FIND A CRIMINAL INFRACTION YOU HAVE TO HAVE A CRIMINAL INVESTIGATION GOING BEFORE YOU START SEARCHING FOR THE LICENSE PLATE SORRY THE WAY IT'S USED I THINK IS NOT TO JUST TRACK PEOPLE SO THAT WE CAN CONNECT YOU TO A CRIME FIND YOU VIOLATING SOME I WAS A PROBLEM WITH THE RED LIGHT CAMERAS FOR ME YOU KNOW WE'RE JUST TRYING TO FIND YOU YOU KNOW IN YOUR CAR RUNNING A RED LIGHT AND OF COURSE THE FOURTH AMENDMENT PROBLEM WAS YOU DIDN'T KNOW WHO WAS ACTUALLY DRIVING THE CAR THAT WAS WHY IT GOT STRUCK DOWN BY THE SUPREME COURT THIS IS A LITTLE BIT DIFFERENT BUT STARTING WITH THE CRIMINAL INVESTIGATION THEN INPUTTING A LICENSE PLATE AND OR A DESCRIPTION AND MOVING FORWARD FROM THAT POINT SO I THINK THAT'S WHERE THE PROTECTION IS AS LONG AS IT'S NOT ABUSED AND WE'VE ALL HEARD ABOUT THE ABUSES AND I THINK IT'S GOOD THAT THE LEGISLATURE IS LOOKING AT MAKING THESE EVEN STIFFER CRIMINAL PENALTIES BUT I'M GOING TO ASSUME THAT IF YOU FOUND THAT AN OFFICER WAS INAPPROPRIATELY USING THIS SYSTEM WHAT WOULD BE THE DISCIPLINARY DISCIPLINE THAT YOU WOULD RECOMMEND FOR THAT OFFICER I WOULD SAY TERMINATION OKAY IT WOULD BE THE SAME AS UTILIZING AGAIN THE CRIMINAL JUSTICE INFORMATION SYSTEM TO LOCATE SOMEBODY FOR ANY REASON OTHER THAN A CRIMINAL INVESTIGATION AND IT JUST GOES BACK TO WE CANNOT PREVENT EVERY EPISODE OF UNREASONABLE SEARCH OR AN ILLEGITIMATE SEARCH AND THE ONLY PROTECTION YOU HAVE IS TO HAVE STRONG PENALTIES IN PLACE STATUTORY CRIMINAL PENALTIES OR DISCIPLINARY PENALTIES SO THAT PEOPLE KNOW THAT IF YOU DO VIOLATE OUR RULES THERE WILL BE A HEAVY PRICE TO PAY FOR IT THAT'S HOW YOU KEEP CONTROL OF THE SITUATION SO I APPRECIATE IT WE CAN'T AFFORD TO LOSE THE PUBLIC TRUST NO THAT'S IT'S ALL ABOUT PUBLIC TRUST AND WHAT WE DO AND I THINK LUBBOCK IS NOT ONE OF THOSE PLACES WHERE WE WANT TO HAVE BIG GOVERNMENT LOOKING OVER OUR SHOULDER ALL THE TIME AND INVESTIGATING EVERY MOVE THAT WE MAKE IN THE CITY SO APPRECIATE YOUR TIME ANY OTHER QUESTIONS ALL RIGHT I'VE SEEN IT THANK YOU THANK YOU OH JARED JARED'S GOT A QUESTION JARED HAS THE NUMBER YEAH AND CHIEF HERMAN WILL BE THE OFFICIAL BUDGET OFFICER FOR THE CITY NEXT YEAR HE WAS NEAREST WITHOUT GOING OVER SO THE PROPOSED BUDGET IS 67 THOUSAND ONE HUNDRED AND SIXTY SEVEN DOLLARS YOU JUST STUCK A TWO IN FRONT OF IT HMM YOU JUST STUCK A TWO IN FRONT OF APPARENTLY YES, SIR I'VE BEEN WARNED ABOUT DOING MATH IN PUBLIC SO I'LL QUIT NOW ALL RIGHT YOU WIN I WAS 20 GRAND OFF I APOLOGIZE ALL RIGHT AND WE'LL HAVE SOME LOVELY PARTING GIFTS FOR YOU GOOD THANK YOU OKAY ALL RIGHT THANK YOU THANK YOU APPRECIATE [4. Citizen Comments - According to Lubbock City Council Rules, any citizen wishing to appear in-person before a regular meeting of the City Council, regarding any matter posted on the City Council Agenda below, shall complete the sign-up form provided at the meeting, no later than 2:00 p.m. on September 8, 2026. Citizen Comments provide an opportunity for citizens to make comments and express a position on agenda items. ] IT ALL RIGHT WE'LL MOVE FORWARD NOW WE'LL TAKE UP CITIZEN COMMENTS BUT ACCORDING TO MY NOTES HERE WE DO NOT HAVE ANY CITIZEN COMMENTS TODAY BUT AGAIN JUST TO LET PEOPLE KNOW WE ALWAYS TAKE CITIZEN COMMENTS IF ANYONE SIGNS UP BY TWO O'CLOCK ON ANY TO SPEAK ON ANY ITEM IN OUR AGENDA OH WE DO HAVE ONE ALL RIGHT SO I'M GONNA CALL YOU UP AND YOU HAVE THREE MINUTES THOUGH WE NOW HAVE A NEW TIMER HERE LET'S SHOW YOU YOUR TIME COUNTING DOWN THERE'S ALSO LIGHTS ON THE PODIUM IT LOOKED GREEN WHILE YOU ARE FULL HAVE FULL-TIME YELLOW WHEN YOU HAVE 30 SECONDS LEFT RED WHEN YOU NEED TO WRAP UP YOUR COMMENTS AS SOON AS POSSIBLE AND WE HAVE JORDAN CRADDICK WHO WANTS TO SPEAK ON ITEM 72 JORDAN ALL RIGHT IF YOU'LL PLEASE COME FORWARD AGAIN STATE YOUR NAME WHEN YOU GET THERE IN YOUR ADDRESS HI MY NAME IS JORDAN CRADDICK I RESIDE AT 9301 ROSS AVENUE I'M SPEAKING REGARDING ITEM 7.2 ON THE AGENDA FIRST I WANT TO EXPRESS MY GRATITUDE TO THE COUNCIL FOR BEING WILLING TO WORK WITH US TO PROTECT LUBBOCK AFTER SPENDING MONTHS WITH LOCALS DISCUSSING THIS TOPIC I'VE REALIZED HOW EXTREMELY IMPORTANT IT IS TO SO MANY PEOPLE ON BOTH SIDES OF THE AISLE FOR SO MANY DIFFERENT REASONS SO AGAIN THANK YOU FOR LISTENING TO YOUR CONSTITUENTS AND WORKING TO FIND OUT ALTERNATIVE ROUTE TO PROTECT US WITH THIS BEING SAID I DO WANT TO EXPECT INDEPENDENT ENVIRONMENTAL STUDIES TO BE DONE AND WE EXPECT THAT EXPECT THAT THE CITY WILL CONTINUE TO REVIEW OR THAT WILL THE CITY WILL CAREFULLY REVIEW THE RESULTS WITH EXPERTS IN EACH FIELD AND FINALLY I WANT TO EMPHASIZE THAT WE WANT TRANSPARENCY THROUGHOUT THE ENTIRE PROCESS WE WANT TO KNOW THE RESULTS OF THE STUDIES WE WANT TO KNOW WHAT THE EXPERTS SAY WE WANT TO KNOW EXACTLY HOW YOU PLAN TO ENFORCE THOSE REGULATIONS FOR EXAMPLE IF A CORPORATION DOES NOT ABIDE BY THE REGULATIONS WE WANT TO KNOW WHAT POWER WE HAVE TO MAKE THEM COMPLY OR WHAT PENALTIES CAN BE APPLIED WE WANT A THOROUGH ACCESSIBLE AND EASY TO UNDERSTAND PLAN LAID OUT IF THIS WERE TO OCCUR AND WE WANT WE WANT THAT PLAN [00:40:01] BEFORE ANY DATA CENTERS ARE PROPOSED SO THANK YOU FOR YOUR TIME AND CONSIDERATION THANK YOU MISS CREDIT APPRECIATE IT ALL RIGHT WE'LL NOW TAKE UP [5. Minutes] AGENDA ITEM 5.1 THE MINUTES FROM OUR SPECIAL CITY COUNCIL MEETING HELD ON AUGUST THE 11TH AND THE REGULAR CITY COUNCIL MEETING HELD ON AUGUST 11TH AND THE SPECIAL CITY COUNCIL MEETING HELD ON AUGUST 14TH SO IS THERE A MOTION TO APPROVE ITEMS 5.1 GO A SECOND HAVE MOTION THE SECOND ANY DISCUSSION AND CHANGES TO THE MINUTES I SEE NONE ALL IN FAVOR SAY AYE AYE ANY OPPOSED SAY NAY I HEAR NONE THAT PASSES UNANIMOUSLY WELL NOW TAKE UP ITEM 6 THE CONSENT AGENDA THERE'S BEEN A REQUEST [6. Consent Agenda - Items considered to be routine are enacted by one motion without separate discussion. If the City Council desires to discuss an item, the item is removed from the Consent Agenda and considered separately.] I'VE MADE A REQUEST TO PULL AGENDA ITEM 6 2 6.3 6.34 AND THE STAFF HAS REQUESTED THAT ITEM 6.37 BE PULLED AND SO I WILL ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF AGENDA ITEM 6.2 6.3 6.34 AND 6.37 IS THERE SUCH A MOTION HAVE A MOTION TO HAVE A SECOND HAVE A MOTION A SECOND ANY DISCUSSION ALL IN FAVOR SAY AYE AYE ANY OPPOSED SAY NAY I HEAR NONE THAT MOTION PASSES UNANIMOUSLY ALL RIGHT WELL NOW TAKE UP ITEM 6.2 TO CONSIDER [2. Budget Ordinance Amendment 1st Reading - Finance: Consider Budget Ordinance Amendment 37, respecting the General Fund and Solid Waste Capital Project Fund, for the purchase of a Landfill Compactor Chassis.] BUDGET ORDINANCE AMENDMENT 37 RESPECTING THE GENERAL FUND AND SOLID WASTE CAPITAL PROJECT FUND FOR THE PURCHASE OF A LANDFILL COMPACTOR CHASSIS AND I WILL CALL ON THE CITY MANAGER TO PROVIDE A STAFF BRIEFING ON THIS MATTER THANK YOU MAYOR THIS IS IN REGARDS TO THE COMPACTORS THAT WERE CAUGHT IN THE FLOODING EVENT AT THE LANDFILL NEARLY NEARLY TWO YEARS AGO NOW SO MR. ROJINO IS GOING TO GIVE US THE DETAILS WHAT YOU'RE SEEING TODAY IS THE INSURANCE PROCEEDS COME THROUGH SO WE'RE ASKING FOR AN APPROPRIATION AND THEN WE'LL REPLACE THE COMPACTOR BUT ERIC IF YOU WOULD THANK YOU MR. ATKINSON MAYOR COUNCIL AS MR. ATKINSON MENTIONED THIS IS A BUDGET AMENDMENT IN THE AMOUNT OF ONE POINT FOUR NINE MILLION DOLLARS OF INSURANCE PROCEEDS RELATED TO TWO LANDFILL COMPACTORS THAT GOT CAUGHT UP IN A STORM JULY 7TH OF 2025 IT WAS NOT A STORM EVENT THAT HIT LUBBOCK IT WAS NOT A FORECASTED EVENT BUT WE RECEIVED OVER FIVE INCHES OF RAIN AT THE LANDFILL THIS IS THE WEST OF ABERNATHY NORTH OF TOWN OUR MAIN LANDFILL OUR STANDARD PROTOCOL WHEN THERE IS THERE'S SIGNIFICANT LIGHTNING WITH THIS EVENT THERE'S SIGNIFICANT RAIN BUT OUR STANDARD PROTOCOL SAFETY PROTOCOL FOR OUR EMPLOYEES IS THAT WHEN THERE IS LIGHTNING THEY VACATE THE EQUIPMENT THEY'RE ON SO THIS EMPLOYEE PARTICULAR EMPLOYEE DID THAT AFTER HE SAW LIGHTNING THERE WERE SIGNIFICANT LIGHTNING STRIKES DID THAT GOT TO SAFETY WE ENDED UP HAVING FIVE INCHES OF RAIN IN THAT LANDFILL CELL AND THAT THAT PARTICULAR LANDFILL COMPACTOR FLOODED THERE WAS A SECOND COMPACTOR AS WELL THAT HAD THAT WAS BROKEN DOWN IN THE LANDFILL CELL THE WHEELS WERE LOCKED UP SO WE WERE IN THE PROCESS OF GETTING THE WHEELS UNLOCKED NOT NECESSARILY FIXING IT ON SITE BUT UNLOCKING THE WHEELS TO BRING IT UP AND GET IT OUT OF THE RAIN OR GET IT OUT OF THE PIT THAT RAINFALL EVENT HAPPENED AND WE HAD TWO COMPACTORS THAT WERE FLOODED ONE WAS A 2022 THE OTHER ONE WAS A 2023 NOT SOMETHING IS CERTAINLY LESS THAN IDEAL MR. BRAGG MR. GAVASSOS AND THEIR TEAMS THEY'VE COME UP WITH A PLAN TO KEEP THE LANDFILL OPERATING WE'VE GOT ONE RENTAL WE'VE GOT A COUPLE OTHER CAMP COMPACTORS MOVE ONE FROM OUR SMALLER LANDFILL LANDFILL 69 TO LANDFILL 2252 WE'VE CONTINUED TO OPERATE AND HAVE NOT HAD ANY ISSUES WITH THE OPERATION ITSELF RISK MANAGEMENT HAS DONE A PHENOMENAL JOB IN WORKING WITH US AND BASICALLY GOING THROUGH THE INSURANCE PROCESS THE INSURANCE CLAIM PROCESS AND THE END RESULT OF THAT IS NUMBER ONE YOU'VE GOT THE FIRST SET OF CHECKS OF 1.4 90 MILLION THAT WILL COVER THE TWO COMPACTORS PLUS THE RENTAL THAT WE'VE HAD OVER THE PAST YEAR WE DO HAVE ADDITIONAL PROCEEDS COMING THERE WILL BE A TWO HUNDRED FIFTY THOUSAND DOLLAR DEPOSIT DEDUCTIBLE THAT WE'LL HAVE TO PAY BUT NONETHELESS IT'LL COVER THE TWO COMPACTORS PLUS THE RENTAL AND ALL THE BUDGET AMENDMENT DOES TODAY IS ESTABLISH THE CAPITAL IMPROVEMENT PLAN TO DO THAT AND THE SUB-BOTTOM UNDERNEATH 1621 IS ACTUALLY TO PURCHASE THE FIRST OF THOSE TWO LANDFILL COMPACTORS TO CONTINUE OPERATIONS SO BE HAPPY TO TAKE ANY QUESTIONS OR COMMENTS ARE THERE ANY QUESTIONS ALL RIGHT THANK YOU FOR THAT BECAUSE I HAD GOTTEN SOME COMMENTS FROM PEOPLE WHO SAW PICTURES OF IT AND THEY WERE CONCERNED THAT WE JUST LEFT THOSE COP COMPACTORS OUT THERE AND THEY GOT FLOODED OUT AND FELT LIKE IT WAS YOU KNOW EMPLOYEES NOT DOING WHAT THEY WERE SUPPOSED TO BE DOING BUT THE FURTHER INFORMATION AND I THANK YOU FOR PROVIDING THAT THE LIGHTNING STRIKE AND YOUR INSTRUCTIONS TO THEM IS TO LEAVE THEIR VEHICLE AND SEEK SAFETY AT THAT POINT NOBODY KNEW A FIVE-INCH RAIN WAS COMING WHEN THEY DID THAT SO IT WASN'T JUST DERELICTION OF DUTY OR DISREGARD YOU KNOW THE IMPORTANCE OF THE MACHINERY AND I WANTED THAT TO BE CLEAR BECAUSE I DID HAVE A NUMBER [00:45:01] OF PEOPLE SOMEONE TOOK A PICTURE OF IT AND SENT IT TO ME YOU KNOW AND THEY WERE WELL UNDERWATER BOTH OF THEM I KNOW WELL UNDERWATER SO YOU KNOW IT'S JUST ONE OF THOSE UNFORTUNATE EVENTS THAT NOBODY SAW COMING AND THERE WAS NOTHING I DON'T THINK DONE INAPPROPRIATELY BY THE EMPLOYEES WHO WERE JUST FOLLOWING OUR PROTOCOL IN THE CASE OF LIGHTNING STRIKES SO THANK YOU I WANT CLARITY ON THAT ANYBODY ELSE HAVE ANY QUESTIONS FOR HIM ALL RIGHT THANK YOU VERY MUCH APPRECIATE IT ALL RIGHT IS THERE A MOTION TO APPROVE ITEM 6.2 IS THERE A SECOND ALL RIGHT ANY DISCUSSION ON THAT ALL IN FAVOR SAY AYE ANY OPPOSED SAY NAY AND THAT PASSES 7-0 ALL RIGHT NOW WE'RE GOING TO TAKE UP ITEM 6.3 TO CONSIDER BUDGET BUDGET [3. Budget Ordinance Amendment 1st Reading - Finance: Consider Budget Ordinance Amendment 38, respecting the North Overton Tax Increment Financing Fund and the North Overton Tax Increment Financing Capital Project Fund to establish Capital Improvement Project 92994 for the construction, design and installation fo the Mac Davis Statue in the Mac Davis and Avenue X roundabout.] ORDINANCE AMENDMENT 38 RELATED TO THE NORTH OVERTON TIF TO ESTABLISH CAPITAL IMPROVEMENT PROJECT 92994 FOR CONSTRUCTION DESIGN INSTALLATION FOR THE MAC DAVIS STATUE IN THE MAC DAVIS AND AVENUE X ROUNDABOUT BY THE OVERTON HOTEL I WILL NOW CALL ON JOE JIMENEZ TO PROVIDE THE STAFF BRIEFING MAY HAVE CROSSED OUR WIRES ON THAT ONE MISS DANIELLE WILLIAMS IS GOING TO TELL YOU ABOUT THIS EXCITING PROJECT SO AND TODAY IS THE FIRST STEP OF A TWO-STEP PROCESS TODAY IS THE BUDGET AMENDMENT TO APPROVE WHAT THE NORTH OVERTON TIF IS ALREADY APPROVED AND THAT IS TO SPEND NOT TO EXCEED $400,000 FOR THE INSTALLATION AND COMMISSION OF A MAC DAVIS STATUE AND AT THE NEXT REGULARLY COUNCIL MEETING I PREPARE OR I'M PLANNING TO GIVE A PRESENTATION THAT SHOWS THE CONCEPTUAL DESIGN AND HOW IT'S GONNA SORT OF CHANGE THE LANDSCAPE OF THAT ROUNDABOUT OVER THERE AT AVENUE X AND MAC DAVIS SO THAT IS A SHORT AND SWEET DESCRIPTION OF THE PROJECT BEEN WORKING VERY WELL WITH THE MAC DAVIS MUSEUM AND ACADEMY AND SONGWRITING THEY'RE THE ONES THAT WILL BE SORT OF OVERSEEING THE PROJECT AND I'LL JUST BE THERE TO HELP AT ANY TIME THEY NEED IT SO ANY QUESTIONS ALL RIGHT MR. HARRIS YES WHO DO WE HAVE MAKING THE STATUE IT IS BEING COMMISSIONED BY EDDIE DIXON ALL RIGHT THANK YOU SO WE KNOW IT'S GONNA LOOK GOOD YEAH IT WILL BE IN THE ROUNDABOUT ON MAC DAVIS LANE NOT FAR FROM I BELIEVE WHERE HE GREW UP THAT'S CORRECT AND IT'S A FITTING FITTING MEMORIAL I THINK TO HIM I THINK I SAW OUR FORMER MAYOR HERE IS HE STILL HERE SO YOU WANT TO MAKE ANY COMMENT YES, SIR YOU WANT TO TELL US A LITTLE BIT ABOUT IT AND THE TIF'S DOWNTOWN TIF OR THE NORTH OVERTON TIF'S INVOLVEMENT IN THAT BE GLAD TO MAYOR I'M ON THE MAC DAVIS BOARD WE'VE GOT TWO OTHERS PHYLLIS JONES YOU SPIN WITH CITY COUNCIL HERE BEASLEY NOW AND ALSO FORMER MAYOR DAVID LANGSTON'S ON THAT BOARD WE FEEL LIKE THIS IS A PERFECT LOCATION FOR THIS WHEN OUR FAMILY CREATED THE PID AND THE TIF YEARS AGO THAT WAS ONE OF THE THINGS THAT DAD ALWAYS WANTED TO DO IS HONOR FOLKS JUST LIKE GLENNA GOODACRE WE'VE ALREADY NAMED THE FORMER 6TH STREET MAC DAVIS LANE WE THINK THIS IS VERY FITTING TO HAVE THIS STATUE OF MAC THERE AND AND HONOR HIM AND LISA IN THAT MANNER SO AND YOU'RE CORRECT MAC GREW UP ON 7TH STREET BUT SOMEBODY TORE THAT UP AND KIND OF CLOSED 7TH STREET OFF BUT MAC GREW UP ABOUT A SANDWICH AWAY MAYBE A THREE IRON FOR YOU BUT NO PRETTY CLOSE IT'S JUST ABOUT A BLOCK AND A HALF FROM THERE BUT GLAD TO ANSWER ANY QUESTIONS WE REALLY APPRECIATE YOUR SUPPORT STAFFS WORKED ON THIS WE'VE BEEN WORKING ON THIS FOR A WHILE SO DO WE HAVE SORT OF AN ESTIMATE OF WHEN IT MIGHT WHEN WE MIGHT HAVE THE UNVEILING OF IT EDDIE ALREADY HAS THE STATUE I BELIEVE AT THE FOUNDRY OKAY THERE IS SOME WORK THAT WE WILL HAVE TO GET DONE TOM'S TREE PLACE CAN BE DOING THAT FOR US YOU KNOW WE'RE HOPING TO HAVE THIS UP IN JANUARY MAYBE BUT WE'RE GONNA MOVE AS FAST WE CAN BUT IT IS ALREADY AT THE FOUNDRY ALL RIGHT THAT'S WONDERFUL SO WE'RE HOPING YOU VOTE FOR IT ALL RIGHT WELL THAT'S THE ONLY REASON I PULLED IT WAS NOT BECAUSE I'M NEGATIVE ON IT I JUST WANTED TO SPOTLIGHT A LITTLE BIT THAT WE WILL BE GIVING A FURTHER RECOGNITION TO A GREAT ENTERTAINER GREAT ARTIST TO COME OUT OF LUBBOCK AND THE TRIBUTE WE PAY TO THESE PEOPLE FOR THEIR CONTRIBUTIONS IS REALLY SOMETHING HE'S PEOPLE KNOW HIM AS A SINGER BUT HE WAS AN INCREDIBLE SONGWRITER AND LONG OVERDUE SONGWRITING CAPABILITIES RECORDED BY SO MANY DIFFERENT PEOPLE VERY POWERFUL SO WHAT THAT WAS ALL RIGHT ALL RIGHT THANK YOU THANK YOU MAYOR ALL RIGHT COUNCILMAN MARTINEZ-GARCIA YES I WAS JUST GONNA SAY THANK YOU AGAIN BECAUSE I KNOW JARED [00:50:03] FIRST BROUGHT THAT TO MY ATTENTION A COUPLE YEARS AGO AND I'M GLAD TO FINALLY SEE THAT IT'S GONNA COME INTO FRUITION IT'S A GREAT SPOT WITH ALL THE NATIONAL ATTENTION THAT WE'VE GOTTEN IT GIVES US ANOTHER LANDMARK TO SHOWCASE SO WE'RE REALLY EXCITED ABOUT IT AND I LOOK FORWARD TO THE DEDICATION AND VERY HAPPY THAT EDDIE IS THE SCULPTOR ALL RIGHT IS THERE A MOTION TO APPROVE ITEM 6.3 SO SECOND MOTION A SECOND ANY DISCUSSION I SEE NONE ALL IN FAVOR SAY AYE AYE ANY OPPOSED SAY NAY THERE'S NONE THAT MOTION PASSES UNANIMOUSLY ALL RIGHT ITEM 6.34 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT 19 836 [34. Resolution - Information Technology: Consider a resolution authorizing the Mayor to execute Contract 19836, with Granite Telecommunications, for Managed Voice and Data Services.] WITH GRANITE TELECOMMUNICATIONS FOR MANAGED VOICE AND DATA SERVICES I'LL CALL ON THE CITY MANAGER TO PROVIDE THE STAFF BRIEFING ON THIS THANK YOU MAYOR COUNCIL MISS JENNIFER FRESQUEZ WHO IS YOUR IT DIRECTOR FOR THE CITY OF LUBBOCK IS GOING TO TELL US ALL ABOUT MANAGED VOICE AND DATA SERVICES MOST IMPORTANTLY THE COST SAVINGS THAT SHE AND HER TEAM HAVE IDENTIFIED ON BEHALF OF THE CITY SO WHICH IS EXACTLY WHY I PULLED IT GOOD AFTERNOON SO THIS PROJECT IS BASICALLY A THREE-YEAR AGREEMENT WE'RE MOVING OFF OF SOME OLDER SERVICES MIGRATING SEVERAL MANY DIFFERENT CONTRACTS INTO ONE AGREEMENT AND WE WERE ABLE TO REALIZE A CONSIDERABLE SAVINGS BY DOING THAT SO IT'S TWOFOLD WE'RE GETTING OFF OF LEGACY TYPE SERVICES AND THEN COST SAVINGS TOO SO VERY GOOD THING DO YOU HAVE ANY IDEA ABOUT WHAT THE COST SAVINGS ARE 1.32 MILLION OVER THE TERM SO SUBSTANTIAL YEAH COST SAVINGS SO THAT'S THE REASON I PULLED THAT I JUST WANT PEOPLE TO KNOW THAT OUR STAFF ARE LOOKING ALWAYS FOR WAYS IN WHICH WE CAN BE MORE EFFICIENT WITH THE EXPENDITURE OF TAXPAYER MONEY IT'S ESPECIALLY IMPORTANT IN A YEAR LIKE THIS WHERE WE HAVE WE'RE LIKELY TO BE VOTING TO RAISE THE TAXES IT'S NOT BECAUSE WE ARE BEING PROFLIGATE WITH THE MONEY WE STILL ARE LOOKING FOR WAYS TO TRY TO SAVE MONEY AND APPRECIATE YOUR EFFORTS TO DO THAT IT'S GOOD FOR SAVINGS FOR OUR TAXPAYERS ALL RIGHT ANY QUESTIONS ALL RIGHT I SEE NONE THANK YOU VERY MUCH APPRECIATE IT SO IS THERE A MOTION TO APPROVE ITEM 6.34 AND WE HAVE A SECOND ANY DISCUSSION I SEE THAT ALL IN FAVOR SAY AYE ANY OPPOSED SAY NAY I HEAR NONE ALL RIGHT SO THE STAFF IS ASKED TO PULL ITEM 6.37 SO IS THERE A [37. Resolution - City Manager: Consider a resolution authorizing the Mayor to execute a Real Estate Sales Contract, and other accompanying documents, by and between the City of Lubbock and Lubbock Riverwalk, LLC, to obtain ownership of real property located in Sections 1 and 10, Block S, Lubbock County, Texas, for the purpose of developing a future water supply for the City of Lubbock. ] MOTION TO POSTPONE ITEM 6.37 TO THE SEPTEMBER 22ND 2026 COUNCIL MEETING JOE SECOND MOTION A SECOND ANY DISCUSSION I SEE NONE ALL IN FAVOR SAY AYE AYE ANY OPPOSED SAY NAY SEE NONE THAT'S A 7-0 ALL RIGHT WELL NOW TAKE UP OUR REGULAR AGENDA START WITH ITEM 7.1 TO CONDUCT A PUBLIC HEARING ON THE CITIZEN INITIATED ORDINANCE [1. Public Hearing - City Secretary: Conduct a public hearing in accordance with Chapter 1, Article IV, Section 1 of the City of Lubbock Charter, regarding an "18-month moratorium on high-water-use and high-energy-use data centers in the City of Lubbock, Lubbock County, Texas."] REGARDING AN 18 MONTH MORATORIUM ON HIGH WATER USE AND HIGH ENERGY USE DATA CENTERS IN THE CITY OF LUBBOCK LUBBOCK COUNTY TEXAS I WILL CALL ON COURTNEY PAZ OUR CITY SECRETARY TO PROVIDE A BRIEFING ON THIS MATTER HI MAYOR DON'T REALLY HAVE MUCH OF A BRIEFING YOU ALL APPROVE THE RESOLUTION ON AUGUST 25TH SETTING THE PUBLIC HEARING FOR TODAY THAT'S ALL THAT'S HAPPENING TODAY AT THE PUBLIC HEARING AT OUR NEXT COUNCIL MEETING ON THE 22ND THAT IS WHERE YOU ALL WE POSTED FOR ACTION I'LL BE HAPPY TO ANSWER ANY QUESTIONS ARE THERE ANY QUESTIONS ALL RIGHT SO AGAIN WE ARE NOT TAKING ACTION ON THIS TODAY WE'RE JUST HAVING A PUBLIC HEARING AND SO I'M GOING TO NOW OPEN THE PUBLIC HEARING ON AGENDA ITEM SEVEN POINT ONE AT 315 ANYONE WISHING TO SPEAK ON THIS ITEM PLEASE STEP FORWARD TO ADDRESS US ANYBODY WISHING TO SPEAK ON IT FORGIVE ME I'M GREEN THIS IS MY FIRST TIME HERE SPEAK I DON'T KNOW THE PROTOCOL I SAW A WOMAN SPEAKER ADDRESS OR I DON'T KNOW THE PROTOCOL OF IT THEN JUST YOU LIVE IN THE CITY OF LUBBOCK OKAY WE HAVE THREE MINUTES NO THIS IS A PUBLIC HEARING WHICH YOU TALK AS LONG AS YOU WANT TO ON A SUBJECT OKAY WELL I HAVE TO BABYSIT MY NEPHEW SOON SO OKAY GOOD AS CONCISE AS I CAN BE BUT THIS THIS MATTER IS FAR GREATER THAN I THINK MOST PEOPLE REALIZE AND TO ADDRESS THIS I'M GOING TO SHARE THE PROPHECY OF PROPHETESS BABA VANGA SHE IS [00:55:03] FROM TURKEY VERY SIMILAR CIRCUMSTANCES ARE GOOD OLD 806 VERY DUSTY SHE WAS CAUGHT IN A DUST STORM AND BLINDED BY IT WHEN SHE WAS BLINDED BY IT IT WAS AFTER THAT THAT SHE GAINED SECOND SIGHT AND BECAME A PROPHET AND THIS WAS IN THE EARLY 1900S OVER A HUNDRED YEARS AGO WE DIDN'T HAVE SILICON VALLEY THEN SHE DIDN'T KNOW WHAT HOW TO MAKE SENSE OF WHAT SHE WAS SEEING BUT THIS IS WHAT SHE SAW AND SHE REFERRED TO IT AS THE ANTICHRIST SYSTEM IT CAME TO HER AS THE ANTICHRIST SYSTEM AND SHE CALLED IT THE GLASS BRAIN SO WE NEED YOUR NAME FOR OUR RECORD IF YOU COULD JUST SPEAK YOUR NAME SURE IT'S DAVID ELAM BLACKWELL OKAY THANK YOU SO SHE WAS THE VISION THAT SHE SAW WAS THAT AROUND THIS TIME IN THE 2020S THAT THAT THERE WOULD BE A TAKEOVER OF WHAT SHE CALLED THE GLASS BRAIN SILICON VALLEY IS CALLED SO BECAUSE SILICON DIOXIDE IS GLASS THE ONLY BIBLICAL DESCRIPTION OF THE ANTICHRIST THAT I'M AWARE OF DESCRIBES THE ANTICHRIST IS MADE OF GEMS AND METALS SIMILAR TO MICROCHIPS THESE DATA CENTERS ARE BASICALLY I SEE THEM AS NEURONS IN THE MIND OF THE BEAST OKAY AND THEY'RE SCATTERED ALL OVER AND THE GOAL IS SURVEILLANCE THE GOAL IS GRAPH DATABASE BASICALLY A MIMICKING OF THE FATHER ALMIGHTY'S OMNISCIENCE BUT THE BEAST DOESN'T HAVE THAT THE BEAST WANTS THAT I DO NOT WANT THAT HERE I DON'T WANT AN 18-MONTH MORATORIUM ON IT I WANT US TO COLLECTIVELY SAY NO TO THIS AND I'LL QUOTE MY FATHER'S BROTHER'S FAVORITE PHILOSOPHER ARTHUR SCHOPENHAUER WHO SAID FREEDOM IS THE ABILITY TO SAY NO THAT'S BASICALLY THE CONDENSATION OF HIS TREATISE HIS BOOK ON FREEDOM WE DON'T NEED TO PUT A MORATORIUM ON THIS WE NEED TO SAY NO TO THIS OKAY THIS MY UNDERSTANDING IS THAT IF THESE DATA CENTERS ARE IMPLEMENTED THAT IT WILL COST US IN TERMS OF WATER ALONE 13 BILLION GALLONS ANNUALLY LAKE 7 OUR OGLALA AQUIFER LAKE ALLEN HENRY I MEAN WE HAVE BETTER THINGS THAT WE CAN DO WITH OUR WATER THEN COOL THE SYSTEMS OF THE BEAST BRAIN THAT LOCKS ALL OF OUR PRIVATE DATA AND INFORMATION INTO THE GLASS BRAIN AS BABA VANGA CALLED IT THE AMOUNT OF CO2 GASES AND GREENHOUSE GASES THAT WILL BE RELEASED I CAN'T QUOTE THE EXACT AMOUNTS BUT MY UNDERSTANDING IS A HUNDRED AND THIRTY MILLION TONS OF GREENHOUSE GASES PER DATA CENTER AND THIS IS BASED ON DATA THAT'S COMING FROM PRE-EXISTING DATA CENTERS IN NEW JERSEY THERE'S THERE'S OTHERS BUT THAT POPS UP AT THE TOP OF MY MIND THE AMOUNT OF COPD AND PEDIATRIC ASTHMA AND GERIATRIC ASTHMA THAT HAS BEEN CAUSED BY THESE GREENHOUSE GASES IS EXORBITANT THIS IS GOING TO BE DAMAGING THE HEALTH OF ALL OF OUR CITIZENS I LIVE AT METRO TOWER AND IF THESE ARE AS THEIR SCHEDULE AS THEY'RE MY UNDERSTANDING IS THEY'RE CURRENTLY PLANNING ON PUTTING THESE DATA CENTERS IN EAST LUBBOCK THIS IS GOING TO AFFECT ME DRAMATICALLY THIS IS GOING TO AFFECT ALL OF OUR EAST LUBBOCK COMMUNITY DRAMATICALLY IN WAYS THAT WE DO NOT WANT TO SEE IT WAS VERY TOUCHING TO ME THAT THE CHAPLAIN OPENED UP THE SESSION WITH MICAH 6 8 WHICH IS MY FATHER'S FATHER'S FAVORITE SCRIPTURAL VERSE MY FATHER'S FATHER WAS PRESIDENT OF MARS HILL COLLEGE FOR WHAT SCRIPTURE AND VERSE COMES TO MIND IMMEDIATELY IN REGARDS TO THIS MATTER IS HOSEA 4 6 WOULD YOU LIKE ME TO SHARE WITH YOU WHAT THAT IS FOR MY PEOPLE ARE DESTROYED BY LACK OF KNOWLEDGE THAT'S HOSEA 4 6 AND I DO NOT WANT TO SEE THAT CREATED WITH MY FELLOW CITIZENS IN LUBBOCK I DON'T WANT TO SEE YOU KNOW THAT'S DESTROYED BY LACK OF KNOWLEDGE I DON'T WANT ANY OF US TO BE COMPLETELY OBLIVIOUSLY UNAWARE [01:00:01] TO WHAT WE'RE SAYING YES TO BY HAVING THESE DATA CENTERS HERE I AM SO GRATEFUL THAT LUBBOCK AND TEXAS IN GENERAL HAS BEEN SO SOVEREIGN AUTONOMOUS INDEPENDENT THAT'S OUR STRENGTH THAT'S OUR POWER I WANT THAT STRENGTH AND THAT POWER TO BE MAINTAINED AND REGAINED IF WE SAY YES TO THESE DATA CENTERS OUR PRIVACY IS AT STAKE OUR AUTONOMY IS AT STAKE OUR SURVEILLANCE YOU KNOW IN WAYS THAT WE DON'T EVEN KNOW FOR MY PEOPLE ARE DESTROYED BY LACK OF KNOWLEDGE THAT'S THE WHOLE THING WE DO NOT KNOW THE BIGGER PICTURE OF ALL OF THIS AND I WANT TO GIVE JUST A SMALL FRACTION OF THE STEPPING OUTSIDE AND SEEING THE FOREST THROUGH THE TREES HERE BECAUSE IF WE SAY YES TO THIS WHAT'S COMING DOWN THE PIPELINE AS A RESULT OF THAT WILL AFFECT US IN WAYS THAT WE CANNOT PRESENTLY SEE AND AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE AND I WANT US TO PREVENT THIS GLASS BRAIN FROM BEING I DON'T WANT A NEURON IN THE BRAIN OF THE BEASTS IN LUBBOCK TEXAS AND THERE'S MORE THAT I COULD SAY BUT I THINK THAT'S PROBABLY ENOUGH WE NEED TO CONSERVE OUR WATER WE NEED TO PROTECT OUR AIR AND WE NEED TO PROTECT OUR PRIVACY AND WE NEED TO SAY NO NOT A MORATORIUM YOU KNOW I'VE DRIVEN AROUND I ALREADY SEE THEY'RE ALREADY DROPPING OFF PLANNING ON BUILDING IT YOU KNOW AND THE WHATEVER DEALS ARE BEING DONE BEHIND CLOSED DOORS TO LINE THE POCKETS OF WHO KNOWS WHO IT'S ALREADY IN MOTION BUT THIS IS AN OPPORTUNITY FOR US AS WE THE PEOPLE TO STAND UP UNITED IN CONSCIOUS AWARENESS OF WHAT'S GOING ON IN THE BIGGER PICTURE WITHIN ALL OF THIS THAT'S GOING ON AND TO BE QUITE HONEST WITH YOU I THINK IT'S MAYBE UNAVOIDABLE I MEAN THERE ARE DATA CENTER SATELLITE SYSTEMS THAT ARE CURRENTLY BEING SET UP YOU KNOW ELON IS YOU KNOW THERE'S A LOT MORE THAT'S GOING ON I MEAN BASICALLY THIS WILL HAPPEN ONE WAY OR ANOTHER BUT THE ONLY WAY TO PREVENT THIS AT THIS POINT IS FOR US TO BE AWARE OF THE BIGGER PICTURE THAT'S GOING ON AND FOR US TO COLLECTIVELY USE OUR VOICE AND USE OUR FREEDOM WHICH ACCORDING TO ARTHUR SCHOPENHAUER IS THE ABILITY TO SIMPLY SAY NO NOT A MORATORIUM NOT A WAIT AND SEE NOT A MAYBE LATER NO WE DON'T WANT THESE HERE TAKE YOUR EVIL ELSEWHERE WE WANT TO PROTECT OUR WATER WE WANT TO PROTECT OUR AIR WE WANT TO PROTECT OUR PEOPLE AND WE WANT TO PROTECT OUR PRIVACY AND OUR SOVEREIGNTY AND THANK YOU IF I COULD DROP THIS MICROPHONE I DROPPED IT THANK YOU MR. BLACKWELL ALL RIGHT ANYONE ELSE WISHING TO COME FORWARD AND SPEAK AT OUR PUBLIC HEARING HELLO MY NAME IS JOHN MACIAS AND I'M REALLY JUST GONNA I LIVE HERE IN THE CITY OF LEVEQUE I'M REALLY JUST GONNA PIGGYBACK OFF OF JORDAN SO I THINK THERE'S BEEN ANTAGONISTIC TENSION BETWEEN THE CITIZENS AND Y'ALLS WE DID FEEL BLIND WE DID FEEL NOT WELL INFORMED ON ANYBODY'S STANCES SO I JUST WANTED TO TAKE THE TIME TO THANK Y'ALL FOR REACHING OUT ESPECIALLY MCBRAYER MARTINEZ-GARCIA COLLINS AND HARRIS FOR REACHING OUT TO SAVE LUBBOCK AND PUTTING SOMETHING LIKE ON PAPER AND HELPING US OUT AND SO I JUST WANTED TO REACH OUT AND SAY WE LOOK FORWARD TO WORKING WITH Y'ALL AND TRYING TO GET SOME TYPE OF REAL THING THAT NOT ONLY CAN PROTECT LUBBOCK BUT MAKE THE PEOPLE OF LUBBOCK FEEL MORE SEEN MORE HEARD AND YOU KNOW MORE PROTECTED UNDER ALL THIS SO I THINK THAT'S ALL I HAVE TO SAY THANK YOU VERY MUCH THANK YOU ANYONE ELSE WISHING TO SPEAK FOR AGAINST THIS ITEM ALL RIGHT I SEE NO ONE ELSE COMING FORWARD SO WE WILL CLOSE THIS PUBLIC HEARING AT 325 ALL RIGHT WE'LL MOVE ON NOW TO TAKE UP ITEM 7.2 A [2. Resolution - City Council: Consider a resolution expressing the City Council's desire that large-scale data centers not be developed within the municipal limits of the City of Lubbock, until the City Council has adopted regulations protecting public resources and the public health and safety.] RESOLUTION EXPRESSING THE CITY COUNCIL'S DESIRE THAT A LARGE-SCALE DATA CENTER NOT BE DEVELOPED WITHIN THE MUNICIPAL LIMITS OF THE CITY OF LUBBOCK UNTIL THE CITY COUNCIL HAS ADOPTED REGULATIONS PROTECTING PUBLIC RESOURCES AND THE PUBLIC HEALTH AND SAFETY THIS RESOLUTION WAS REQUESTED BY COUNCILMAN TIM COLLINS AND I'LL CALL ON HIM TO GIVE THE COUNCIL A SUMMARY OF THIS ITEM MR. COLLINS THANK YOU MAYOR AS WE DISCUSSED A COUPLE OF WEEKS AGO I THINK IT'S IT'S IT'S VERY CHALLENGING FOR US HERE ON THE DAIS DURING PUBLIC HEARINGS DURING PUBLIC COMMENTS WHEN WE ARE UNABLE TO COMMUNICATE BACK AND FORTH WITH THE CITIZENS WHO COME TO SPEAK ON A PARTICULAR ITEM IT IS CHALLENGING I AGREE WITH THE PREMISE THAT WE DON'T NEED TO ENGAGE IN A DIALOGUE [01:05:02] CERTAINLY WE DON'T NEED TO ENGAGE IN A IN A DEBATE BACK AND FORTH WITH THE COMMUNITY MEMBERS BUT WE DO NEED AND I SHOULD SAY DEBATE FIRST AND DIALOGUE SECOND WE DO NEED TO HAVE DIALOGUE AND WE DO NEED TO HAVE CONVERSATIONS WITH INDIVIDUALS TO HELP US UNDERSTAND YOUR PERSPECTIVE HELP YOU UNDERSTAND OURS AS I SAID TWO WEEKS AGO THE LAST THING I WANT TO DO IS TO GIVE CONTROL OF A HUNDRED YEARS OF WATER PLANNING HUNDREDS OF MILLIONS OF DOLLARS SPENT TO PROTECT AND PRESERVE WATER IN THIS COMMUNITY OVER TO A CORPORATION AND LET THEM DO WITH IT AS THEY MAY I AM OPPOSED TO ANY TYPE OF ACTIVITY THAT WOULD INCREASE YOUR BILLS AND MINE I PAY A BILL TO LPNL EVERY MONTH JUST LIKE YOU DO AND SO I DON'T WANT AN ACTIVITY THAT'S GOING TO CAUSE MY BILL YOUR BILL TO GO UP UNNECESSARILY OR AT ALL AND THESE ARE THE KINDS OF THINGS THAT I GUESS YOU KNOW THAT BACK-AND-FORTH DIALOGUE WOULD ALLOW US TO DO AND SO WHEN JOHN REACHED OUT AND CALLED WHEN STEPHEN REACHED OUT AND CALLED I SPENT TIME ON THE PHONE WITH HIM JUST AS I KNOW EVERY OTHER COUNCIL MEMBER HAS AS WELL AND SO WE WERE ABLE TO ESTABLISH I GUESS A LITTLE BIT OF UNDERSTANDING HOPEFULLY TO COMMUNICATE THOSE VERY THINGS THAT I'VE JUST MENTIONED WE DON'T WANT TO DO A DISSERVICE TO THIS COMMUNITY WE SIT HERE AND WE DEDICATE TIME AND HOURS AND AND WHAT YOU KNOW LITTLE BRAIN POWER WE HAVE MAYBE OR AT LEAST ON MY ACCOUNT BUT WE DEDICATE THOSE THINGS FOR THAT PURPOSE OF PUBLIC SERVICE AND SO I'M APPRECIATIVE THAT I HAVE THE OPPORTUNITY TO DO IT I WANT TO CONTINUE THAT UNTIL THE CITIZENS TELL ME OTHERWISE BUT THIS RESOLUTION IS MEANT TO SPEAK TO THAT WE'VE HEARD YOU WE HEARD YOU WE UNDERSTAND THE DESIRE TO ENSURE THAT OUR RESOURCES ARE PROTECTED AND AND THAT'S WHAT THIS RESOLUTION DOES THE CITY COUNCIL RESOLVES ITSELF TO NOT CONSIDER NOT ALLOW I DIDN'T SAY NOT ALLOW NOT CONSIDER A DATA CENTER PROJECT WITHIN THE CONFINES OF THE CITY LIMITS OF LUBBOCK UNTIL WE HAVE GONE THROUGH A PROCESS THAT PRESENT PRESENTS RESTRICTIONS TO THOSE COMPANIES WE'RE GOING TO TELL YOU WHERE YOU CAN BE WE'RE GOING TO TELL YOU HOW MUCH WATER YOU CAN USE WE'RE GOING TO TELL YOU THE PARAMETERS OF NOISE LIGHT ROADWAYS WE'RE GOING TO CREATE A PROCESS BY WHICH YOU'RE IN CHARGE WE'RE IN CHARGE AND THE WAY THAT WE CAN CONTROL THESE THINGS COMES THROUGH PLANNING AND ZONING WE DON'T HAVE THE WHEREWITHAL THROUGHOUT THE LEGISLATIVE SESSION LEGISLATIVE ENVIRONMENT TO MAKE A LOT OF RESTRICTIONS BUT THIS IS THE ONE PLACE WHERE THE LEGISLATOR GIVES US CONTROL IN ZONING ORDINANCES AND SO THAT'S WHAT THIS RESOLUTION DOES IT GIVES US THE OPPORTUNITY TO CREATE THE CONTROLS THAT I FEEL LIKE YOU FOLKS ARE WANTING TO HAVE THAT WE WANT TO HAVE THAT PROTECTS OUR COMMUNITY GOING FORWARD I'M NOT GOING TO SAY THAT WE WOULD NEVER CONSIDER A DATA CENTER WITHIN THE CITY LIMITS OF LUBBOCK BUT I WILL TELL YOU THAT WE WILL HAVE HANDCUFFS WE WILL HAVE THE VERY THINGS THAT YOU FOLKS HAVE ASKED FOR WE'RE GOING TO KNOW AND HAVE A RESPONSIBILITY AND REPERCUSSION TO THOSE HANDCUFFS AND ENSURE THAT WE'RE GOING TO IF ALLOWED THAT THEY WILL BE SOMETHING THAT WILL FIT WITHIN OUR COMMON FRAMEWORK AND MINDSET SO WITH THAT MAYOR THANK YOU THANK YOU MR. COLLINS SINCE HE'S REQUESTED WE STILL HAVE TO HAVE A MOTION IS THAT RIGHT OKAY OKAY YOU CAN MOVE YOUR OWN MOTION OKAY VERY GOOD ALL RIGHT IS THERE A SECOND FOR MR. COLLINS MOTION OKAY WE HAVE A MOTION A SECOND SO NOW IS OPEN FOR A DISCUSSION ON THIS RESOLUTION COUNCILWOMAN MARTINEZ-GARCIA THANK YOU MAYOR FROM THE BEGINNING I HAVE MADE IT VERY CLEAR WHERE I STAND FOR ME IT'S ALWAYS ABOUT THE WELL-BEING OF MY DISTRICT AND THE CITIZENS OF LUBBOCK ON A DAILY BASIS I HAVE TO SEE INEQUITIES THAT EXIST WHEN IT COMES TO THE QUALITY OF LIFE OR TO THE HEALTH AND SO AS I WATCH OUT MY WINDOW WHETHER IT BE DUST INDUSTRIAL ISSUES IT ALWAYS CONCERNS ME AND I THINK THAT THE PUBLIC HAS TO BE INVOLVED AND ENGAGED SO I FIRST I WANT TO SAY THANK YOU TO ALL THE FOLKS THAT HAVE BEEN ACTIVE IN VOICING THEIR CONCERNS AND OF COURSE YOU KNOW I STAND BY YOU I HAVE BEEN VERY COMMITTED TO THAT BECAUSE I LIVE [01:10:02] WITH THOSE INEQUITIES ON A DAILY BASIS BUT AT THE SAME TIME I DON'T THINK THAT PEOPLE RECOGNIZE THERE'S A LOT THAT GOES ON BEHIND THE SCENES IT'S NOT JUST ONE COUNCIL MEMBER MAKING A DECISION THAT WILL NEVER BE THE CASE YOU HAVE SEVEN COUNCIL MEMBERS UP HERE AND WE WORK COLLECTIVELY AND I THINK THAT'S REALLY IMPORTANT FOR US THE OTHER THING FOR ME IS THAT YOU KNOW I THINK IT WAS IMPORTANT FOR US TO MEET WITH MR. SANDERS AND I'VE ALSO GOT TO SPEAK WITH SEVERAL FOLKS ON THE COMMITTEE AND I APPRECIATE YOUR INPUT VERY VERY IMPORTANT AND YOU KNOW I JUST WANT YOU TO KNOW THAT THERE'S NEVER A DECISION THAT IS MADE WITHOUT LOTS OF INPUT NOT JUST FROM THE CITIZENS BUT FROM EXPERTS AND SEVERAL FOLKS BUT I CAN ASSURE YOU FROM MY END YOU'RE THE PUBLIC'S INPUT AND THE PUBLIC'S HEALTH IS AT THE VERY TOP FOR ME SO IT'S ALWAYS ABOUT PEOPLE OVER POLITICAL OVER PROFIT SO THANK YOU FOR ALL THE WORK THAT Y'ALL HAVE DONE COUNCILMAN HARRIS I JUST WANT TO PIGGYBACK ON WHAT COUNCILWOMAN MARTINEZ IS SAYING YOU KNOW THAT WE ARE REALLY DEEPLY CONCERNED AND REALLY LOOKING INTO THIS AND IT WAS SUPPOSED TO BE WASN'T SUPPOSED TO BE BUT SOME PEOPLE WERE THINKING THAT DECISIONS WAS GOING TO BE MADE TODAY AS FAR AS HAVING THE WHAT DO YOU CALL IT MORATORIUM BUT NO IT'S GOING TO BE PUT OFF UNTIL THE 22ND TO WHERE PEOPLE CAN SPEAK ON IT SO DON'T DON'T JUST THINK THAT JUST BECAUSE IT'S NOT BROUGHT UP TODAY THAT WE'RE NOT WORKING ON IT JUST LIKE THE MAYOR AND MARTINEZ SAID YOU KNOW WE'RE WORKING CLOSELY WITH THE PEOPLE TRYING TO COME UP WITH A SOLUTION TO MAKE EVERYTHING LEGAL FOR EVERYONE SO YOU KNOW THERE'S WAYS YOU HAVE TO GO ABOUT DOING EVERYTHING AND INCLUDING THE CITY ATTORNEY IT'S WORKING WITH US SO THAT JUST LIKE TIM HIMSELF SAID YOU KNOW WE'RE HERE FOR THE PEOPLE SO WE WANT WHAT'S BEST FOR THE PEOPLE Y'ALL PUT US IN THIS POSITION SO WE'RE HERE FOR YOU OKAY SO WE WANT TO DO WHAT'S COMING WHAT'S WHAT'S BEST FOR THE PEOPLE SO BUT YOU KNOW THERE'S A RIGHT WAY WE HAVE TO GO ABOUT DOING IT SO JUST KEEP DOING WHAT YOU'RE DOING AND WE'RE GOING TO KEEP DOING WHAT WE DO UNTIL WE COME UP WITH A SOLUTION TO MAKE IT BETTER FOR EVERYONE THAT'S THAT'S ALL I WANTED TO SAY THANK YOU THANK YOU COUNCILMAN BRUEGEL THANK YOU MAYOR I JUST WANTED TO BRIEFLY SPEAK IN FAVOR OF THIS RESOLUTION IN MY VIEW IT DOES A GOOD JOB OF EXPRESSING THIS COUNCIL'S DESIRE TO FOCUS ON PRESERVING OUR NATURAL RESOURCES WHILE KEEPING LUBBOCK'S AIR AND WATER SAFE FOR THE NEXT GENERATION ALL RIGHT YOU KNOW I'LL JUST ALSO SAY THIS THIS RESOLUTION EXPRESSES THE INTENT OF THE COUNCIL IT'S NOT A BINDING RESOLUTION BUT IT DOES I THINK IF WE ALL VOTE ON IT YOU WILL HEAR WHAT OUR INTENT IS IF WE ALL VOTE IN FAVOR OF IT IT DOESN'T HAVE ENFORCEABLE MECHANISMS TO IT BUT WE WE ARE CONTINUING TO WORK ON AN ORDINANCE THAT WILL HAVE THOSE TEETH IN IT AND SEVERAL OF US MET WITH MR. SANDERS TODAY TO WORK TOWARDS THAT IN THE MEANTIME YOU KNOW WE'VE NOT BEEN NOT WORKING THURSDAY THE ORDINANCES THE ZONE CHANGES THAT WE'VE BEEN WORKING ON WILL BE PRESENTED TO THE PLANNING AND ZONING COMMISSION FOR THEIR FIRST CONSIDERATION AND I THINK THAT IF ANYONE TAKES THE OPPORTUNITY TO REVIEW THOSE YOU'LL SEE THAT THEY COVER EVERY ONE OF THE CONCERNS THAT PEOPLE HAVE RAISED ABOUT DATA CENTERS WITHIN THE CONFINES OF WHAT WE AS A CITY COUNCIL CAN DO AGAIN WE ARE NOT UNLIMITED IN OUR POWER OR WHAT WE CAN DO WE WERE LIMITED BY STATE STATUTE AND I KNOW THAT'S BEEN A FRUSTRATING THING IN THIS PROCESS FOR A LOT OF PEOPLE IS NOT UNDERSTANDING THAT WE CAN ONLY DO WHAT THE STATE ALLOWS US TO DO WE ARE NOT FREE TO DO WHATEVER WE WANT BUT I THINK WE CAN WORK TO AN AGREEMENT AND WE ARE WORKING HARD TO GET AN AGREEMENT THAT ONCE WE GET THESE ORDINANCES IN PLACE WHICH IS SOMETHING WE CAN DO SOMEWHAT QUICKLY THE PROCESS TO GETTING AN RESOLUTION OR AN ORDINANCE WITH TEETH IN IT FOR A MORATORIUM OF A PERIOD OF TIME TAKES A LITTLE BIT LONGER [01:15:02] IT HAS TO GO THROUGH ALL THE STEPS OF THE STATUTE LAYS OUT SO IT'S NOT SOMETHING WE CAN DO IMMEDIATELY BUT WE CAN BEGIN THAT PROCESS VERY SOON I THINK AT OUR NEXT MEETING AND WE WILL BEGIN THAT PROCESS AS WELL ALONGSIDE THIS INDICATION OF OUR INTENT TODAY BUT THERE'S A FURTHER STEP THAT WE CAN TAKE AND WE'LL BE PRESENTING THAT AT A FURTHER MEETING AND HOPEFULLY THAT DOES PEOPLE CAN AT LEAST HAVE SOME CONFIDENCE THAT WE ARE TRYING TO USE OUR DUE DILIGENCE AND DO WHAT WE CAN DO AS FAR AS THE LAW ALLOWS US TO DO IT AND SO ANY FURTHER DISCUSSION I SEE NONE WE HAVE A MOTION SECOND ALL IN FAVOR OF ITEM APPROVING ITEM 7.2 SAY AYE AYE ANY OPPOSED SAY NAY I HEAR NONE THIS IS SEVEN ZERO ALL RIGHT WELL I'LL TAKE UP ITEM 7.3 TO CONSIDER AN ORDINANCE ON [3. Ordinance 2nd Reading - Finance: Consider Ordinance No. 2026-O0115, approving and adopting a budget for Fiscal Year 2026-27; approving summary of estimated and forecasted revenues, appropriations, and use of available reserves for all funds of the city; providing for necessary transfers of funds between accounts and departments, if required; authorizing reduction of spending by City Manager if necessary; re-appropriation of balances which support authorized obligations or encumbrances; providing for filing of Adopted Budget; establishing civil service classifications and positions; appropriating funds for the Fiscal Year 2026-27 Operating Budget and Capital Program of the City of Lubbock; providing for continuation of appropriations for projects in the capital program; approving all permit, license, fees, and charges for service recommended to be adjusted; approving the pay plan and positions; approving personnel; Amending of Section 16.04.002 of the Code of Ordinances by revising Community Recreation fees as contained therein; amending Section 34.02.037 of the Code of Ordinances by revising Codes Enforcement fees as contained therein; amending Section 22.03.084 Water Base Charge of the Code of Ordinances by revising the base rates as contained therein; amending Section 22.03.085 (a) and (b) of the Code of Ordinances by revising the volume rates as contained therein; amending subsection (c) section 22.03.095 of the Code of Ordinances by revising the Water fees as contained therein; amending subsection (b) of section 22.06.051 of the Code of Ordinances by revising Solid Waste Landfill service fees as contained therein; amending subsection (a) of section 22.06.185 of the Code of Ordinances of the City of Lubbock by revising the Solid Waste Collections service fees as contained therein; providing for the reconciliation of the transfer of funds from the General Fund to Enterprise Funds; accepting the budgets for Lubbock Economic Development Alliance, Market Lubbock, Inc., Civic Lubbock, Inc., and Vintage Township Public Facilities Corporation; finding that proper notice of meeting provided by law and ratifying such; providing for publication; and providing for a savings clause. The FY 2026-27 Proposed Budget can be found on the home page of the City of Lubbock website, linked here: https://www.mylubbock.us/300/Operating-Budgets-Capital-Programs   Taxpayer Impact Statement] SECOND READING APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 26 27 AND MR. CITY MANAGER PLEASE GIVE US A BRIEF SUMMARY ON THIS A BRIEF SUMMARY ON THIS YES, SIR WE'LL JUMP RIGHT INTO THAT COUNCIL WOULD DRAW YOUR ATTENTION EACH OF YOU HAVE AT YOUR PLACE THE DETAILS OF WHAT WE CALL EXHIBIT G THIS IS THE RUNNING LOG OF CHANGES TO THE BUDGET I'M GOING TO QUICKLY GIVE YOU A BUDGET SUMMARY THEN GO OVER EXHIBIT G AND HIGHLIGHT A FEW ITEMS FOR YOU SO COUNCIL WITH THE WORK THAT YOU DID AT YOUR PRIOR MEETING THIS IS JUST AN EXTREMELY HIGH LEVEL SNAPSHOT OF THE GENERAL FUND RIGHT HERE SO THE PROPOSED BUDGET THE BUDGET YOU'LL CONSIDER ON SECOND READ IN JUST A MOMENT THREE PERCENT RAISED FOR THE NON CIVIL SERVICE EMPLOYEES THE ADDITION OF SIX CIVILIANS IN PUBLIC SAFETY INCLUDING YOUR LUBBOCK ANIMAL SERVICES, LUBBOCK POLICE DEPARTMENT WE ARE ADDING FOUR NON PUBLIC SAFETY EMPLOYEES PARKS CODES ETC YOU HAVE A 1.3 MILLION DOLLAR ADDITIONAL INVESTMENT IN PUBLIC SAFETY BEFORE YOU GET INTO THE MEET AND CONFER SNAPSHOT THERE OF YOUR GENERAL FUND VEHICLES YOUR GENERAL FUND CAPITAL STREET MAINTENANCE AT A TOTAL OF 15 MILLION DOLLARS SO THAT IS UP 500,000 FROM THE PRIOR YEAR REMEMBER THOUGH 14.5 MILLION OF THAT IS GENERAL FUND 500,000 IS THE GATEWAY MONEY THAT IS DEDICATED TO ENHANCE THOSE EFFORTS INSIDE OF THE LOOP FUNDAMENTAL CHANGE TO THE BUDGET WAS MOVING SOLID WASTE OVER AS AN ENTERPRISE FUND WE'VE TALKED ABOUT THAT SEVERAL TIMES LAST MEETING TO MEET AND CONFER AGREEMENTS WERE APPROVED THOSE ARE BOTH LISTED ON THAT PAGE THERE SO WITH THAT ARE THERE ANY QUESTIONS JUST AT THE SNAPSHOT BEFORE I GET INTO THE NUMBERS I DON'T SEE ANY VERY WELL OKAY EXHIBIT G AND AGAIN YOU HAVE A HAVE A COPY THIS IS CORRECT AND CURRENT NOW CORRECT AND CURRENT THROUGH YOUR MEETING LAST TUESDAY GO DOWN TO WHERE IT STARTS WITH REMOVE ONE ADDITIONAL SO THOSE THREE ARE THE RESULTS OF WHAT BROUGHT THE BALANCED BUDGET IN THAT WAS APPROVED LAST WEEK YOU SEE THE 15,000 THAT WAS TO BE REDUCED FROM CITY COUNCIL BUDGET WE'VE GOT THAT DELINEATED THERE YOU'VE ADDED THE EXPENSE BOTH ON THE POLICE AND ON THE FIRE MEET AND CONFER SO YOU SEE THAT 50,000 INCREASE IN THE INTEREST EARNINGS STAFF HAD ALREADY RECOMMENDED BRINGING SALES TAX UP JUST A LITTLE OVER A MILLION THE BUDGET THAT GOT VOTED ON HAD ROUGHLY AN ADDITIONAL 200,000 WHY DOES IT SAY 239 SO I'VE MADE A MISTAKE WHEN WE CALCULATED THE TAX REVENUES WE WERE JUST A LITTLE OVER $36,000 OFF AFTER WE SLID THROUGH ALL OF THOSE THINGS COUNCIL I DO NOT SUGGEST THAT YOU TRY TO ADJUST THE TAX RATE TO FIX THAT BECAUSE IT MOVES SO MANY OTHER COMPONENTS MR. JIMENEZ AND I ARE COMFORTABLE WITH THAT 36,000 AND CHANGE BEING IN THE SALES TAX SO INCREASE THE PROPERTY TAX REVENUE BASED ON THE APPROVED RATE THAT IS THE POINT FIVE ZERO SEVEN THREE FOUR NINE THAT YOU VOTED UPON THE LAST TIME MOVING OVER AND AGAIN BECAUSE OF HOW BUDGETS RIPPLE YOU SEE THESE CHANGES INSIDE OF LEADER AS THE CITY'S SALES TAX NUMBERS CHANGE SO DO THEIRS SO THAT IS THE HUNDRED AND TWELVE THOUSAND DOLLARS YOU SEE WHERE IT IS AN INCREASE TO THEIR BUDGET TO THE TRANSFER AND THEN THEY BALANCE [01:20:03] BACK OUT WITH A LOWER USE OF AVAILABLE RESERVES SO THAT'S A NET BENEFIT TO THEM WE TALKED ABOUT THE CHANGES TO THE AIRPORT FUND AT THE MEETING ON THE FIRST THE ABANDONED VEHICLE FUNDS OR WHERE WE WERE TAKING THE TRANSFER OUT OF ABANDONED SAME PURPOSE WE'RE JUST SPENDING IT OUT OF THE GENERAL FUND BECAUSE THAT'S WHAT THE ACCOUNTING RULES TELL US TO DO NOT CHANGING WHAT THEY'RE DOING JUST WHERE THE DOLLARS ARE AND THEN THE SOLID WASTE FUNDS WHICH WAS THE CORRECTION WHERE WE RIPPLED THE TWO DOLLARS DOWN INTO THE EIGHT YARD DUMPSTERS THE COMMERCIAL DUMPSTERS BASICALLY THROUGH THAT SO MAYOR AND COUNCIL WITH EXHIBIT G AS IT SITS IN FRONT OF YOU IT MATCHES AND IS CORRECT WITH WHAT YOU DID ON THE FIRST WITH THE EXCEPTION OF US CORRECTING OUR THIRTY SIX THOUSAND DOLLAR AND CHANGE MISCALCULATION ON THE AD VALOREM TAX RATE MAYOR I'LL TURN IT BACK OVER TO YOU THANK YOU MR. ATKINSON ANY QUESTIONS OR COMMENTS FOR HIM ALL RIGHT I WILL HEAR A MOTION APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 20 26 27 AND AS A REMINDER THIS WILL BE A RECORD VOTE WHEN WE TAKE IT SO IS THERE A MOTION TO HAVE A SECOND OF A MOTION A SECOND ANY DISCUSSION ALL RIGHT SO ARE WE WHERE WE CAN HAVE A RECORDED VOTE OR DO WE NEED TO RAISE HANDS OKAY LET'S SEE ALL RIGHT ALL RIGHT WE HAVE A 7-0 VOTE ON OUR BUDGET FOR THIS YEAR ALL RIGHT NOW WE WILL TAKE UP THIS SEEMS STRANGE [4. Resolution - Finance:  Consider a resolution ratifying the adoption of the FY 2026-27 Budget that will require raising more revenue from property taxes than in the previous year.] BUT NOW WE HAVE TO TAKE UP ITEM 7.4 RESOLUTION RATIFYING THE ADOPTION OF OUR FISCAL 26 27 BUDGET WILL REQUIRE RAISING MORE REVENUE FROM PROPERTY TAXES THAN IN THE PREVIOUS YEAR IS THERE ANY FURTHER BRIEFING YOU NEED TO GIVE US ON THIS MR. CITY MANAGER NO MAYOR YOU SAID IT WELL THIS IS A VOTE THAT SAYS YOU VOTED THE WAY YOU VOTED OKAY ALL RIGHT AND IS THERE A MOTION THERE A SECOND THERE WAS SECOND ANY FURTHER DISCUSSION ON THIS I SEE NONE ON THIS IS A RECORDED VOTE AS WELL LET'S HAVE A RECORDED VOTE AS WELL ALL RIGHT THAT PASSES UNANIMOUSLY AS WELL ALL RIGHT [5. Ordinance 2nd Reading - Finance: Consider Ordinance 2026-O0116, setting the tax rate and levying a tax upon all property subject to taxation with the City of Lubbock for 2026; apportioning said levy among the various funds and items for which revenue must be raised; fixing the times in which said taxes shall be paid and assessing penalty and interest for nonpayment of such taxes within the time provided.] ALL RIGHT NOW TAKE UP AGENDA ITEM 7.5 TO CONSIDER AN ORDINANCE SETTING THE TAX RATE AND LEVYING A TAX ON ALL PROPERTY SUBJECTS OF TAXATION WITHIN THE CITY OF LUBBOCK FOR 2026 I WILL CALL ON THE CITY MANAGER TO GIVE THE STAFF BRIEFING ON THIS THANK YOU MAYOR COUNCIL MIKE COULD I GET YOU TO SWITCH THE INPUTS PLEASE SIR WE'LL PUT THIS ON THE SCREEN COUNCIL ALSO AT YOUR PLACE YOU HAVE THE WRITTEN VERSION OF THESE REMEMBER THE BASE BUDGET FOR THE YEAR WAS ABLE TO BE SET DOWN TO THE NO NEW REVENUE RATE SO THE INCREASE ABOVE NO NEW REVENUE IS THAT INCREASE THAT FUNDS THE TO MEET AND CONFER AGREEMENTS SO THE TOTAL PROPOSED RATE IS 0.5 0 7 3 4 9 COUNCIL ON THIS PAGE THE WHITE PAGE THAT IS 0.1 0 7 5 8 6 FOR THE CITY'S INTEREST IN SINKING FUND REMEMBER THAT WE WERE ABLE TO HOLD INTEREST IN SINKING FLAT OVER THE TWO YEARS AND THEN 0.3 9 9 7 6 3 FOR THE GENERAL FUND FOR MAINTENANCE AND OPERATIONS WHICH IS EFFECTIVELY A 6.7 8 PERCENT INCREASE IN THE TAX RATE THAT'S YOUR STATE REQUIRED LANGUAGE Y'ALL RECALL THAT FROM EARLY AUGUST COUNCIL THIS IS THE SAME EXACT INFORMATION THAT YOU HAD AT YOUR MEETING ON SEPTEMBER THE 1ST AND THAT IS WHAT I HAVE ON THE TAX RATE SOMEWHERE TURN IT BACK OVER TO YOU ALL RIGHT ARE THERE ANY QUESTIONS FOR THE CITY MANAGER ON THIS SEE ANY OKAY IS THERE A MOTION TO APPROVE THIS RESOLUTION ALL RIGHT AS REMIND ANY DISCUSSION ON THIS MAYOR IF WE COULD YES WE DO NEED SOME WE [01:25:02] DO NEED READ THE MOTION OF THE REFEREE OKAY COUNCILMAN MARTINEZ-GARCIA IF YOU WANT TO READ THAT I MOVE THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF 0.1 0 7 5 8 6 FOR THE CITY'S INTEREST IN SINKING FUND AND 0.3 9 9 7 6 3 FOR THE CITY'S GENERAL FUND FOR MAINTENANCE AND OPERATIONS OPERATIONS THAT IS WHICH IS EFFECTIVELY A 6.7 8 PERCENT INCREASE IN THE TAX RATE ALL RIGHT WE HAVE THAT MOTION IS THERE A SECOND WE HAVE A MOTION WE HAVE A SECOND ANY DISCUSSION ON THAT ALL RIGHT WE DON'T HAVE ANY DISCUSSION ON THAT THIS AGAIN LET ME AS A REMINDER THE MOTION SETTING THIS TAX RATE THAT EXCEEDS THE NO NEW REVENUE TAX RATE MUST BE A RECORD VOTE AND AT LEAST 60% OF THE COUNCIL WHICH IS FIVE VOTES ON THIS COUNCIL MUST VOTE IN FAVOR OF THE MOTION AND SO WE HAVE THE MOTION AND LET'S YOU GOT IT READY FOR A RECORDED VOTE ALL RIGHT ALL RIGHT AND THAT MOTION PASSES SIX TO ONE ALL RIGHT AND JUST SAY THIS IS PROBABLY ONE OF THE MOST DIFFICULT THINGS WE DO AS A COUNCIL UP HERE IS VOTE ON A BUDGET AND WE'VE GOT SEVEN DIFFERENT PEOPLE WITH SEVEN DIFFERENT IDEAS ABOUT HOW MONEY NEEDS TO BE SPENT AND HOW MUCH PEOPLE NEED TO PAY FOR IT WE RECOGNIZE THAT THIS YEAR IS A SIGNIFICANT TAX INCREASE WE WORK FOR A NO NEW REVENUE RATE ON THE GENERAL BUDGET BUT THE MEETING CONFERS THAT WERE BROUGHT FORWARD BY OUR POLICE AND OUR FIRE ARE MEANT TO GET US TO THE POINT THAT WE FEEL LIKE WE NEED TO GET AS A CITY THAT WE THINK OUR CITIZENS EXPECT US TO GET FOR THEIR SAFETY IN THE AREA OF CRIME AND CRIMINAL ACTIVITY IN THE AREA OF FIRE AND RESPONSE TO ACCIDENTS AND HEALTH CONCERNS AND WE WANT TO BE A SAFE CITY FOR OUR CITIZENS SO HOPEFULLY THEY UNDERSTAND THIS IS NOT SOMETHING WE TAKE LIGHTLY IT'S NOT EASY TO DO I DON'T THINK ANY OF US THIS IS THE FIRST TIME I'VE EVER VOTED FOR A TAX RATE THAT WASN'T A NO NEW REVENUE RATE AND MY WHOLE TIME ON THE COUNCIL SO IT'S NOT EASY FOR US TO DO THAT WE HOPE THE CITIZENS UNDERSTAND WHY WE DID IT AND WE'LL BE SUPPORTIVE OF IT BUT WE'RE ULTIMATELY ACCOUNTABLE FOR THE DECISIONS WE MAKE UP HERE SO APPRECIATE IT SO LET'S GO ON AND TAKE UP THE NEXT ITEM THIS IS YES MAYOR COUNCIL IF YOU DON'T MIND I'D LIKE TO TAKE JUST A COUPLE OF MOMENTS OF PERSONAL PRIVILEGE OKAY HERE SO HAVE AN ANNOUNCEMENT TO MAKE I CAME BACK TO LUBBOCK IN 2016 AND WHEN I DID WE HAD AN EMPLOYEE THAT KIND OF TOOK ME UNDER HER WING AND TAUGHT ME HOW TO DO PUBLIC BUDGETING AND IN MORE SERIOUSNESS SHE PUT UP WITH MY VERSION OF PUBLIC BUDGETING MAKING CHANGES TO THE FORMAT HOW WE DO THINGS IN OTHER WORDS SHE AND I DID NOT DO IT BECAUSE THAT'S THE WAY WE'VE ALWAYS DONE IT WE RESTRUCTURED ALL OF THIS INTO THE FORM INTO THE FORMAT THAT YOU SEE IN FRONT OF YOU TODAY SO I'M SURE NOW IT'S NO SECRET YOU HAVE FIGURED IT OUT I'M SPEAKING OF MISS SHERYL BROCK SO SHERYL HAS BEEN AN INCREDIBLE INCREDIBLE ASSET TO ME TO THE TWO CFOS THAT I'VE HAD THE PRIVILEGE OF WORKING WITH BACK IN LUBBOCK AND THIS IS SHERYL'S LAST BUDGET FOR US SO AT THE END OF THE YEAR SHERYL IS GOING TO GO AND ENJOY A VERY WELL-DESERVED RETIREMENT SO YOU'LL HEAR MORE ON THAT LATER BUT BEFORE WE DO AND WHILE WE'RE STILL IN PUBLIC I WANTED TO STATE MY APPRECIATION FOR HER AND FOR EVERYTHING SHE HAS DONE SO SHERYL I'M NOT GOING TO MAKE YOU STAND UP WE'RE NOT GOING TO CALL NICKNAMES BUT THANK YOU SO MUCH WE CAN'T CALL HER FRANK UP HERE OKAY WE CAN I DIDN'T DO IT FIRST YOU KNOW SHE SHE HAS A TOUGH I MEAN SHE DOES SPEAK FRANKLY ABOUT THINGS SHE'S JUST A NUMBERS SHE'S A NUMBERS GAL AND UH NUMBERS DON'T LIE AND UH SO SHE CAN'T MAKE THEM LOOK PRETTY SOMETIMES AS MUCH AS WE MIGHT WISH THAT SHE COULD THAT'S JOE'S JOB TRYING TO MAKE THEM LOOK PRETTY UH BUT SHE'S JUST THE NUMBERS GIRL SO WE APPRECIATE YOU VERY INCREDIBLE THAT'S A LOT OF BUDGETS UH YOU HAVE WAITED THROUGH AND I THINK WE ALL APPRECIATE YOU HERE I DO THANK YOU VERY MUCH NOT GOING TO ASK YOU TO MAKE A SPEECH SO PLEASE PLEASE DO NOT UH YES, [01:30:02] SIR ALL RIGHT UH WE'RE NOW [6. Resolution - Finance: Consider a resolution amending the allocation of the Hotel Occupancy Tax Revenues for FY 2026-27 and distributing receipts, net of collection expenses, as authorized in Subsection 18.03.001(b)(2) of the Code of Ordinances of the City of Lubbock.] GOING TO TAKE UP ITEM 7.6 A RESOLUTION AMENDING THE ALLOCATION OF THE HOTEL OCCUPANCY TAX REVENUES FOR FISCAL YEAR 26-27 AND AGAIN THE CITY MANAGER WILL GIVE THE STAFF BRIEFING ON THIS THANK YOU MAYOR COUNCIL WE'RE ALMOST DONE WITH THE FOLLOW-ON ITEMS FOR NEXT YEAR'S BUDGET SO THE SLIDE THAT'S IN FRONT OF YOU THIS IS THE ALLOCATION OF THE 10.5 MILLION DOLLARS IN YOUR LOCAL HOTEL OCCUPANCY TAXES EACH OF THESE NUMBERS THAT TOTALED TO THE 10 AND A HALF MILLION ARE EXACTLY THOSE NUMBERS IN YOUR BUDGET PER STATE STATUTE YOU TAKE A SEPARATE VOTE BY RESOLUTION TO ALLOW YOU TO ALLOCATE THOSE DOLLARS SO AGAIN NO CHANGES FROM WHAT YOU'VE SEEN OR APPROVED IN THE BUDGET WITH THIS I WOULD RECOMMEND TO YOU THAT YOU CONSIDER THIS RESOLUTION ALL RIGHT UM SO IS THERE A MOTION TO APPROVE AGENDA ITEM 7.6 YOU HAVE A MOTION DO WE HAVE A SECOND HAVE A MOTION A SECOND ANY DISCUSSION I SEE NO DISCUSSION ON THAT SO ALL IN FAVOR LET ME KNOW BY SAYING AYE AYE ANY OPPOSED SAY NAY I HEAR NONE THAT MOTION PASSES UNANIMOUSLY SEVEN ZERO NOW TAKE [7. Resolution - Lubbock Power & Light: Consider a resolution adopting the Delivery System Electric Rate/Tariff Schedule of Lubbock Power & Light, the City of Lubbock municipally-owned electric utility, applicable to all rate classes, effective November 1, 2026.] UP ITEM 7.7 TO CONSIDER A RESOLUTION ADOPTING THE DELIVERY SYSTEM ELECTRIC RATE TARIFF SCHEDULE OF LUBBOCK POWER AND LIGHT THE CITY OF LUBBOCK MINISTRY OWNED THE ELECTRIC UTILITY APPLICABLE TO ALL RATE CLASSES AFFECTED BY THE ALL RIGHT CLASSES EFFECTIVE NOVEMBER 1ST 2026 I'LL CALL ON JOEL IVY THE CHIEF ADMINISTRATIVE OFFICER UH AND SHORT-TERMER UH CHIEF OFFICER OF LPL TO GIVE A STAFF BRIEFING SO I'M ALSO RETIRING AT THE END OF THE YEAR I GUESS I HAVE TO GIVE MY OWN EULOGY IS THAT HOW THAT GOES WE'RE GOOD AND FOR THE RECORD MAYOR IF A IF A SANDWICH FOR YOU IS A THREE IRON THEN IT'S TWO STROKES OF A DRIVER FOR ME SO TAKE THAT INTO ACCOUNT IS OUR PRESENTATION UP I HAVEN'T I'VE NEVER DONE THIS BEFORE RIGHT HERE RIGHT THANK YOU SO I FEEL COMPELLED TO GO SHORT VERSION TODAY WE'RE MOVING ON SO FAST I DON'T WANT TO STAND IN THE WAY OF US GETTING OUT OF HERE AT A REASONABLE TIME WE ARE RECOMMENDING A A RATE CHANGE FOR THIS YEAR UM ACTUALLY LET'S JUST GET GOING PART OF THE ISSUES THAT WE'RE HAVING WITH NOT BEING ABLE TO DECREASE OUR RATES AND I'VE TALKED WITH HARVEY HALL ABOUT THIS A LOT ABOUT THIS VERY EXTENSIVELY I WANTED TO REDO ANOTHER TWO PERCENT RATE REDUCTION IN THIS COMING FISCAL YEAR BUT IF YOU LOOK AT THE ACTUAL CONSUMPTION THAT WE'VE GOT THAT DRIVES OUR ABILITY TO DO THESE KINDS OF THINGS WE'RE GOING THE WRONG WAY SO IF YOU LOOK AT THE RED LINE OUT TO THE RIGHT AT THE VERY TOP OF THAT CHART THAT'S ACTUALLY THIS YEAR'S BUDGETED KILOWATT HOUR SALES NUMBER AND YOU CAN SEE WHERE WE'RE PROJECTED TO BE COMING IN IS THAT 2542 NUMBER THOSE ARE IN MILLIONS KILOWATT HOURS SO RATHER THAN CONTINUE TO BUDGET IN A TRADITIONAL FASHION AND THE NORMALIZATION OF THESE WOULD SAY ABOUT A QUARTER PERCENT HALF A PERCENT ALWAYS GROWING WELL WE'RE GOING THE WRONG WAY JUST LIKE MY DAD USED TO TELL ME IN HIGH SCHOOL SON YOU'RE GOING THE WRONG WAY WE ARE GOING THE WRONG WAY WITH OURSELVES AND SO WE'RE GOING WE'RE GOING TO BUDGET THIS NEXT FISCAL YEAR MORE CONSERVATIVELY AT THE 2550 NUMBER AND THEN SEE IF WE CAN'T SLOWLY START GETTING BACK ON THAT UPPER TRAJECTORY THAT WE'RE SUPPOSED TO BE SEEING BUT THIS IS THE REASON WHY I'M NOT SAYING BEFORE YOU TODAY IS SAYING I WANT TO DECREASE THE RATES ACROSS THE BOARD BY TWO PERCENT THAT ALL BY ITSELF AGAIN SHORT VERSION IF YOU LOOK AT OUR BENCHMARKING OUR GOAL IN OUR STRATEGIC PLAN OUR BLUEPRINT 2030 WAS TO BE AT THE MIDPOINT OF THE MARKET WITH OUR RATES AND I'M HAPPY TO TELL YOU THAT WE ARE AT THE MIDPOINT OF THE MARKET WHEN I SAY MARKET I'M TALKING ABOUT OUR PEER GROUP THAT'S ENCORE CENTER POINT WHICH IS THE GREATER HOUSTON AREA AEP AMERICAN ELECTRIC POWER WHICH IS CENTRAL SOUTHWEST TEXAS AND THEN TEXAS NEW MEXICO POWER TNMP AND WE'RE NUMBER FIVE SO WE ARE AT THE MARKET BUT YOU CAN SEE WHERE WHERE THEY HAVE COME UP PRETTY DRASTICALLY ON AVERAGE THOSE GRAY THE GRAY BARS AT THE BOTTOM ARE GENERAL INFLATION ACROSS THE YEARS BUT THOSE GOLD BARS REPRESENT INFLATION AS IT APPLIES SPECIFICALLY TO THE ENERGY INDUSTRY SO WE'VE HAD A LOT [01:35:01] OF PRESSURES ON US THE THE INVESTOR ON UTILITIES SO MUCH SO THAT THEY HAD TO START BRINGING THEIR RATES UP TO WHERE WE ARE SO OUR GOAL WAS TO DO RATE REDUCTIONS IF WE NEEDED TO TO GET TO THE MIDPOINT BUT THE INFLATION HAS PRETTY WELL TAKEN CARE OF THIS PROBLEM FOR US THAT'S BOTH GOOD AND BAD I HAVE BENCHMARKS AND I'LL COME BACK TO THOSE IF ANYBODY WANTS TO HAVE THE CONVERSATION ABOUT IT BUT MORE IMPORTANTLY OUR BLUEPRINT 2030 OUR STRATEGIC PLAN WORKING IN CONCERT WITH OUR RATE STRATEGY IT KEEPS US RIGHT WHERE WE WANT TO BE IN THE SWEET SPOT BETWEEN OUR MANDATED 90 DAYS CASH OPERATING CASH ON HAND AND THE BOARD SET A TARGET OF 120 DAYS CASH ON HAND THIS IS IMPORTANT THIS IS CRITICALLY IMPORTANT BECAUSE WE'RE HAVING CONVERSATIONS WITH THE RATINGS AGENCIES AS WE SPEAK HARVEY'S ALREADY VISITED WITH FITCH AND MOODY'S AND THEY LIKE WHAT THEY'RE HEARING THEY'RE THEY'RE SEEING WHAT THEY'RE HEARING AND THAT'S MORE IMPORTANT I THINK AND SO THEY BELIEVE IN WHAT WE'RE DOING I TOTALLY BELIEVE THAT THEY'RE GOING TO REAFFIRM OUR DOUBLE A MINUS RATINGS AS WE GO INTO DOING A BORROWING MOST LIKELY IN THE NEXT I SAY FIVE MONTHS FOR THE WEST TRANSMISSION PROJECT WE'RE GOING TO NEED ACCESS TO GOOD GOOD PRICE MONEY IN ORDER TO GET THAT PULLED OFF SO IT'S IMPORTANT THAT WE WE DO HONOR WHAT WE TELL THEM THAT WE'RE GOING TO DO OKAY SO AT THE HEART OF THE MATTER FOR US BECAUSE OF THE FLASHINESS OF THIS KILOWATT HOUR SALES WE'RE ASKING TO REINSTITUTE A BASE CHARGE WE USED TO HAVE THESE BEFORE WE TRANSITIONED INTO THE MARKET BUT WE THOUGHT WE COULD SIMPLIFY OUR RATE STRUCTURE BY NOT DOING THAT ANYMORE THE REST OF THE TDU'S THAT I MENTIONED BEFORE THEY'VE BEEN DOING IT THEY'VE ALWAYS BEEN DOING IT BUT WE THOUGHT WE COULD GET AWAY AWAY WITHOUT DOING IT THAT REPRESENTS A MEASLY ABOUT SIX PERCENT OF OUR TOTAL REVENUES IT'S NOT GOING TO PUSH US OVER THE TOP OR ANYTHING BUT IT SOLIDIFIES A CERTAIN AMOUNT OF MONEY SO THAT WE CAN COUNT ON HAVING THAT YOU CAN SEE WHAT THE BASE CHARGES ARE BY CUSTOMER CLASS TOWARDS THE LEFT THERE AND THEN THE KILOWATT HOUR CHARGES THAT WE'VE GOT WE'RE GOING TO REDUCE THOSE SO WE CAN MINIMIZE THE IMPACT OF THE BASE CHARGES COMING ONLINE TO US THIS WILL BE A REVENUE NEUTRAL MOVE THAT WE'RE TRYING TO MAKE TO THE PEOPLE THAT ARE PAYING THE BILLS WHETHER THEY USE YOU KNOW TOO LITTLE THEY MIGHT PAY A LITTLE BIT MORE I SAY TOO LITTLE THEY DON'T USE THAT MUCH ELECTRICITY THEY'LL PAY A LITTLE BIT MORE BUT LIKE 98 CENTS AND IF THEY'RE USING A LOT THEY'LL TEND TO PAY JUST A LITTLE BIT LESS AS MUCH AS TWO DOLLARS TWO LARGE 50 CENTS EVEN ON THE VERY HIGH END SO FOR US AGAIN IT'S REVENUE NEUTRAL BUT IT'S NOT BILL NEUTRAL FOR THE CUSTOMERS BUT IT'S REALLY NOT THAT MUCH MONEY IN THE GRAND SCHEME AND IT GETS US BACK IN THE GAME OF DOING PRETTY TRADITIONAL BUSINESS LIKE WE'RE USED TO DOING IN THE PAST JUST A NOTE THOSE KILOWATT HOUR SALES NUMBERS THOSE INCLUDE TRANSITION FEES AND THE FRANCHISE EQUIVALENT FEE THAT WE HAVE ATTACKED ON AS WELL SO I'M GOING TO GIVE YOU THE NEXT SLIDE IS MY LAST SLIDE AND I'LL GIVE YOU WHAT THE ACTUAL NUMBERS ARE THAT WE'RE LOOKING TO PUT IN PLACE THESE WILL BE THE REDUCED NUMBERS SO IN ESSENCE THE ELECTRIC UTILITY BOARD IS RECOMMENDING YOUR APPROVAL TO ADD THESE BASE CHARGES AND THEN LOWER THE KILOWATT HOUR CHARGES COMMENSURATE WITH THOSE BASE CHARGES THIS WOULD BE ON A PER METER BASIS PER MONTH FOR THESE RATE CLASSIFICATIONS AND THE PRIMARY SERVICE RATE CLASSIFICATION WE'RE ALSO LOOKING TO DO ANOTHER TWO PERCENT REDUCTION WE DID A TWO PERCENT REDUCTION IN THIS FISCAL YEAR FOR THEM WITH THEY'RE ABOUT 16 17 PERCENT ABOVE WHERE WE REALLY NEED THEM TO BE AND SO WE WANT TO START STEPPING THROUGH TIME GETTING THEM TO WHERE THEY OUGHT TO BE AND SO THAT'S WHERE WE GOT THAT PROPOSED THE PRIMARY SERVICE CUSTOMERS THAT'S ABOUT NINE COMPANIES AND IT REPRESENTS FOLKS LIKE PICO XFAB PEOPLE LIKE THAT SO THAT IS OUR PROPOSAL I'VE GOT MORE SLIDES WITH MORE INFORMATION THAT I CAN GO BACK AND TRY TO ANSWER SOME QUESTIONS IF YOU ALL HAVE ANY MAYOR ARE THERE UH QUESTIONS UH LET'S SEE OKAY WELL THERE WAS A SOLID ONE OH NO YOU GOT AGREEMENT ALL RIGHT COUNCILMAN HARRIS COULD YOU JUST UH BREAK IT DOWN IN LAYMAN'S TERMS HOW MUCH THIS IS GOING TO SAVE OR COST RESIDENTIAL CUSTOMERS PER MONTH SORRY ABOUT THIS LAB BUT YOU ASKED THE QUESTION SO HERE WE GO THIS UH THIS REPRESENTS A TYPICAL AVERAGE BILL AS IT GOES THROUGHOUT THE YEAR RIGHT SO ON AN ANNUAL BASIS THE AN AVERAGE BILL WILL EQUAL ZERO AT THE END OF THE YEAR ON ANY GIVEN MONTH YOU COULD BE A LITTLE HIGH OR YOU COULD BE A LITTLE LOW SO YOU TEND TO CONSUME MORE POWER IN THE SUMMERTIME SO YOU'RE GOING TO PAY LESS MONEY IN THE SUMMERTIME BECAUSE THE KILOWATT HOURS WILL WASH OUT THE IMPACT OF THE OF THE SMALL FIXED RATE TWO DOLLARS FIFTY CENTS A MONTH THAT'S GOING TO GET WASHED OUT IN THE MONTHS WHERE THEY DON'T USE QUITE AS MUCH THEN BILL [01:40:02] WILL GO UP UH WE THINK IT'D BE ABOUT 98 CENTS IS WHAT WE'RE LOOKING AT SO IT'S NOT HUGE BUT IT IS A BILL IMPACT YOU WANT TO MAKE SURE THAT PEOPLE KNOW THAT THANK YOU COUNCILMAN GREEN THANK YOU THANK YOU UH THANKS FOR VISITING WITH ME A COUPLE WEEKS AGO I HAD SOME CONCERNS AND I THINK YOU GUYS WE TALKED THROUGH IT AND ALLEVIATED SOME OF THOSE CONCERNS MY BIGGEST CONCERNS WERE THE CAPITAL IMPROVEMENTS THIS YEAR AND I REALIZE THE LAST FEW YEARS SOME OF THE CAPITAL IMPROVEMENTS THAT YOU COULD HAVE DONE DESPITE THE LAST FEW YEARS YOU WEREN'T ABLE TO DO BECAUSE OF THE HOME HOLD HARMLESS AMOUNT THAT WAS GOING TO TO PAY OFF ERCOT AND THEN SO WHEN WE COME OFF OF THAT WHICH WE ARE THIS YEAR THIS YEAR WAS NOT A GOOD YEAR TO LOWER THE RESIDENTIAL RATES BUT AS WE TALKED NEXT YEAR HOPEFULLY WE MIGHT CAN RELOOK AT THAT BECAUSE WE JUST NEEDED TO GET THESE CAPITAL IMPROVEMENT PROJECTS GOING THIS YEAR AND SO THIS WOULD HAVE BEEN A REALLY BAD YEAR TO TRY TO REDUCE THE RATE FOR THE RESIDENTS ALSO AND I APPRECIATE THAT UH LETTING LET ME KNOW THAT NEXT YEAR WE'RE GOING TO LOOK REALLY LOOK AT IT AND TRY TO SEE WHAT WE CAN DO AND AND I WANT THE OTHER THE CITIZENS ALSO TO KNOW THAT YOU KNOW THIS IS JUST THE DELIVERY SIDE OF YOUR ELECTRIC RATE YOU CAN REDUCE YOUR ELECTRIC RATE IF YOU DO YOUR DUE DILIGENCE AND SHOP AROUND YOU CAN REDUCE YOUR ELECTRICITY RATE CONSIDERABLE AMOUNT MUCH MORE THAN WE COULD DO ANY WAY TO REDUCE THE DELIVERY AMOUNT AND JUST WANT TO KIND OF MAKE THAT CLEAR AND TRY TO SAVE THE FOLKS OUT THERE SOME MONEY THANK YOU FOR SAYING THAT YOU THERE ARE PEOPLE THAT COULD REDUCE THEIR BILL AMOUNT BY ONE THIRD IF THEY WOULD JUST GO CHOOSE SOMEBODY ELSE SO I WOULD STRONGLY ENCOURAGE PEOPLE TO GO TO THE WEBSITE POWER TO CHOOSE DOT ORG I WENT THERE FIVE DAYS AGO TYPED IN SEVEN NINE FOUR TWO FOUR AND I WAS FINDING POWER PRICES AT 11 TO 12 CENTS THERE ARE PEOPLE THAT ARE PAYING 22 THEY REALLY NEED TO GO SHOP AROUND THAT'S THAT'S AMAZING AND THAT'S AGAIN SHOP SHOP AROUND PLEASE AND THAT WEBSITE AGAIN POWER TO CHOOSE DOT ORG POWER TO CHOOSE DOT ORG TAKE ADVANTAGE OF THAT OPPORTUNITY TO SHOP YOUR UH DELIVERY WELL NOT YOUR DELIVERY RATE YOUR ENERGY RATE WHAT DO YOU CALL THAT WHAT'S IT JUST THE IT'S IT'S A OUR ENERGY RIGHT YES OKAY IT WORKS YEAH ELECTRIC RIGHT ELECTRIC RIGHT WHATEVER ALL RIGHT UH OKAY HERE'S MY CONCERN WITH THIS AND I UNDERSTAND WHAT YOU PUT FORWARD HERE JOEL UM AND I THINK IT WAS TWO YEARS AGO WE HAD A TWO PERCENT REDUCTION IN THE RATES IS THAT CORRECT TWO YEARS AGO AND THERE WAS STATEMENTS MADE AT THAT TIME I'VE GOT THREE OF THEM YOU KNOW WHICH WE ANTICIPATED THAT THERE WOULD BE FURTHER REDUCTIONS GOING FORWARD THE HOLD HARMLESS FALLS OFF THIS YEAR THE 22 MILLION DOLLARS A YEAR THAT WE'VE BEEN PAYING IN HOLD HARMLESS FEES AFTER JOINING ERCOT THAT FALLS OFF IN JANUARY AND SO THIS YEAR I THINK THE CHARGE IS SEVEN MILLION DOLLARS THAT FREES UP 14 MILLION OF COURSE WHAT I SEE YOUR BUDGET IS DOING IS TAKING THAT 14 MILLION AND PUTTING IT INTO CAPITAL IMPROVEMENT PROJECTS THAT YOU BELIEVE HAVE BEEN POSTPONED BUT REALLY WE HAVE AN INCREASE IN OUR CAPITAL IMPROVEMENT PROJECTS BUDGET THIS YEAR FROM WAS IT 12 MILLION LAST YEAR WHAT WAS IT LAST YEAR CAN YOU REMEMBER IT WAS THE BUDGET ITSELF WHAT WAS THE CAPITAL IMPROVEMENTS IT WAS PROBABLY YOU REMEMBER WAS IT LIKE 35 26 MILLION 26 MILLION AND IT'S GOING TO 47 MILLION THIS YEAR 43 43 MILLION ALL RIGHT SO BASICALLY EATS UP THAT 14 MILLION THAT FALLS OFF DUE TO THE HOME HOLD HARMLESS FALLING OUT YOU KNOW AND I APPRECIATE YOUR PROMISE TO WORK HARD ON YOUR BUDGET FOR NEXT YEAR I'M ALWAYS SUSPICIOUS OF YOU KNOW PROMISES TO WORK NEXT YEAR YOU KNOW MY CONCERN IS WHAT WAS DONE THIS YEAR TO TRY TO REDUCE THAT BUDGET SO THAT WE COULD DELIVER THAT REDUCTION SOME REDUCTION TO OUR RATEPAYERS GREAT QUESTIONS I'M GOING TO TELL YOU STRAIGHT UP OUR ABILITY TO GIVE RATE REDUCTIONS IS BASED ON THIS SLIDE THAT I'VE GOT UP RIGHT NOW OUR INCOME THAT WE HAVE FROM REVENUES FROM SALES IF WE DON'T HAVE THE SALES WE CAN'T DO ANY OF THAT BECAUSE YOU IF WE IMPLEMENT RATE REDUCTION THAT'S FROM NOW [01:45:01] ON AND SO THAT'S REVENUE THAT YOU DON'T GET ANY LONGER UNTIL YOU DO AN INCREASE OR TAKE SOME OTHER ACTION OR YOUR SALES PICK BACK UP LIKE THAT SO NONE OF THOSE THINGS ARE HAPPENING RIGHT NOW SO OUR ABILITY TO DELIVER ON THAT'S PRETTY PRETTY TOUGH PRETTY TOUGH AND I'M I BEAT HARVEY UP PRETTY BAD TRYING TO GET HIM TO A TWO PERCENT REDUCTION THIS YEAR I WANT YOU ALL TO KNOW THAT BUT OUR OUR ENGINEERING TEAM COMES IN THEY SIT DOWN WITH DANIEL DANIEL GARCIA AND DANIEL SAYS GUYS THIS IS THE MAXIMUM AMOUNT OF MONEY THAT WE CAN GIVE YOU FOR PROJECTS THIS YEAR AND THEN BECAUSE THEY ALWAYS COME IN WITH ABOUT HALF AGAIN AS MUCH OF AN APPETITE FOR PROJECTS THAN WHAT WE CAN SUPPORT SO THEN THEY GOT TO FIGURE OUT HOW WE'RE GOING TO SPREAD THIS OUT HOW WE'RE GOING TO FUND THIS WHICH ONE'S REALLY IMPORTANT WHICH ONE'S NOT SO THE PROJECTS THAT YOU SEE COMING FORWARD ARE THE CREAM OF THE CROP THOSE ARE THE ONES THAT WE REALLY REALLY REALLY NEED TO BE DOING AND SO I DON'T WANT ANYBODY TO THINK WE'RE JUST PILING MUCH STUFF IN BECAUSE WE'VE GOT LIMITS WE'VE GOT LIMITS WE COULD SPEND AND DO A LOT MORE THAN WHAT WE HAVE THE MONEY TO DO BUT I'LL GIVE I'LL GIVE THE TEAM CREDIT THEY'RE REALLY TAKING A HARD LOOK AT THAT AND MAKING SURE THAT WE UH THAT WE'RE DOING THE RIGHT THINGS AND IN IN THIS COMING YEAR IN PARTICULAR WE'VE GOT TWO PROJECTS THAT ARE EATING UP ALL THAT MONEY ONE OF THOSE IS THE NEW SUBSTATION THE COLLIER SUBSTATION THAT WE'RE BUILDING AT 66 SANTA OLA AND THE OTHER ONE IS THE DEMOLITION OF THE MASS GALE FACILITY THAT IS A PENDING ENVIRONMENTAL NIGHTMARE IN MY PAST WE HAVE KICKED THE CAN DOWN THE ROAD FOR DOING PROJECTS LIKE THAT AND WE ALWAYS ALWAYS ALWAYS REGRET IT WHEN YOU GOT THE MONEY TO DO IT YOU NEED TO DO THOSE KIND OF THINGS SO THAT YOU DON'T REGRET THAT SO THAT'S REALLY WHAT'S DRIVING IT AND I'LL GO ONE STEP FURTHER IF YOU GUYS DON'T MIND WE TRY TO SPEND AT A RATE THAT OFFSETS DEPRECIATION THE IMPACTS OF DEPRECIATION ON OUR SYSTEM THAT WAY YOU'RE TURNING IT OVER AND YOUR SYSTEM'S NOT AGING AND GETTING OUT OF CONTROL LIKE IT HAS OVER TIME UH BUT WE ALSO NEED TO SPEND MORE LIKE 120 OR 125 PERCENT OF DEPRECIATION BECAUSE WE'RE REPLACING ASSETS THAT ARE 50 TO 70 YEARS OLD IN SOME CASES SO YOU CAN IMAGINE WHAT THE PRICES WERE THAT LONG AGO IT DOESN'T APPLY TODAY SO YOU REALLY GOT TO MAKE SURE YOU'RE STAYING ON TOP OF THAT AND THAT'S WHAT WE'RE DOING I MEAN Y'ALL KNOW THE WHOLE CITY IS FACED WITH INFLATIONARY PRESSURES THAT WE'VE GOT IT'S KILLING US THE THE COSTS OF PRECIOUS METALS COPPER METALS FOR OUR TRANSFORMERS BLARE JUST PRESENTED PRESENTED A PROJECT TO THE BOARD WHERE HE'S GOING TO NEXT WEEK FOR A TRANSFORMER IN A SUBSTATION THAT IS TWO AND A HALF MILLION DOLLARS FIVE YEARS AGO THAT WOULD HAVE BEEN BEEN ABOUT 900 000 THAT'S HOW FAST THINGS ARE EATING US UP RIGHT NOW SO I WANT EVERYBODY KNOW THAT MAYOR THAT WE'RE DOING THE BEST WE CAN TO TRY TO HOLD OUR COSTS DOWN GET THOSE PRESSURES DOWN AND THE FACT THAT WE HAVEN'T HAD A BASE RATE INCREASE SINCE 2017 THAT REALLY OUGHT TO BE A GOOD TESTAMENT TO THAT I THINK WE'VE BEEN HOLDING IN LINE PRETTY WELL THIS WHOLE HARMLESS IS GOING TO BE IT'S NOT A BOON BUT IT CERTAINLY IS GOING TO SHORE UP AND BOLSTER OUR FINANCES FOR US WELL I MEAN YOU KNOW WHEN WE FACED UH BECAUSE THERE'S BOTH SIDES OF YOUR BUDGET ONE'S THE INCOME SIDE ONE'S THE EXPENSE SIDE WHEN WE FACED A FIVE MILLION DOLLAR YOU KNOW DECREASE IN OUR INCOME AND SALES TAX SEVERAL YEARS AGO WE HAD TO MAKE CUTS TO OUR BUDGET AND WE DID DO SO TO OFFSET THAT SO THAT WE COULD MEET THAT SO MY QUESTION TO YOU IS HOW DOES YOUR BUDGET THIS YEAR THAT YOU PROPOSE COMPARE TO LAST YEAR'S BUDGET WE HAVE A LARGER CAPITAL A PIECE OF THIS FOR THE REASONS THAT I STATED THOSE TWO PROJECTS HOW ABOUT THE REST OF THAT IS BY AND LARGE VERY SIMILAR VERY SIMILAR ARE THERE ANY CUTS IS IT LESS THAN IT WAS LAST YEAR IS IT THE SAME WE'VE ADDED A COUPLE OF POSITIONS FOR THE FIRST TIME SINCE I'VE BEEN HERE BECAUSE WE'VE BEEN DECREASING BUT WE'VE ACTUALLY WE'RE ACTUALLY ADDING THREE POSITIONS TO ACCOUNT FOR THE FACT THAT WE CAN'T KEEP ANYBODY WE'VE GOT ENGINEERING WE GOT ENGINEERS SOMEBODY TOLD ME THE OTHER DAY THAT I'M THE MOST SEASONED ENGINEER THAT WE'VE GOT WE'RE IN TROUBLE WE'RE IN TROUBLE SO THAT'S THE SLIGHT ADDITION TYPE STUFF THAT WE'RE LOOKING AT DOING UH BEYOND THAT I THINK WE'RE RELATIVELY FLAT WELL AND I GUESS THE OTHER THING IS WHEN PEOPLE LOOK AT THAT AND SAY WELL YOU'RE GIVING A TWO PERCENT REDUCTION FROM YOUR PRIMARY USERS BUT NOT FOR YOUR BASE USERS YOUR RESIDENTIAL AGAIN THAT'S JUST ONE OF THOSE THINGS THAT CONCERNS ME A LITTLE BIT UH AND I KNOW YOU'VE EXPLAINED WHY YOU THINK THAT IS TO BRING YOUR RATES MORE IN LINE FOR YOUR PRIMARY CAN YOU TELL US WHAT A PRIMARY USER IS YEAH PRIMARY USER SO THE LARGEST CUSTOMERS THAT WE HAVE ARE THE CITY AND TEXAS TECH IN AGGREGATE BUT THEY GOT LIKE 100 OR SO METERS SPREAD OUT ALL OVER THE PLACE THESE METERS WERE TALKING THESE CUSTOMERS WERE TALKING ABOUT HAVE A SINGLE METER SINGLE POINT DELIVERY LIKE XFAB PICO ORGANIZATIONS LIKE THAT SO THEY'RE JUST ALL IN ONE PLACE SO THEY'LL BE PAYING LESS THIS YEAR WE'RE LOOKING AT A TWO PERCENT REDUCTION [01:50:01] BUT THEY'RE ALSO ABOUT 17 HIGHER WHERE EVERYBODY ELSE IS RIGHT AT MIDPOINT ALL RIGHT ALL RIGHT ANY OTHER QUESTIONS YEAH MR COLLINS QUESTION AND AND I THINK FROM SMALL BUSINESS PERSPECTIVE I'VE ALWAYS FOUND IT EASIER TO CORRECT BUDGET ISSUES ON THE REVENUE SIDE FAR MORE DIFFICULT TO CORRECT BUDGETING ISSUES ON THE EXPENSE SIDE AND STILL MAINTAIN SERVICE UM CAN YOU GIVE US A LITTLE IDEA OF WHY WHAT YOUR OPINION IS ON WHY OUR REVENUE SIDE IS IS NOT RESPONDING OR NOT GROWING AS MAYBE YOU EXPECTED THANK YOU FOR ASKING THAT UM OUR SALES ARE ARE LARGELY PROBABLY 90 BASED ON WEATHER SO IN THE WINTERTIME WHEN IT'S COLD YOUR HEATERS RUN IN THE SUMMERTIME IT'S ALWAYS HOT HERE RIGHT YOUR AIR CONDITIONING IS GOING TO RUN ALL THE TIME AND I'VE TALKED WITH SOME OF YOU WITH CUSTOMER COMPLAINTS ABOUT HOW HIGH THEIR BILLS ARE THEY THINK THAT'S OUR RATES IT'S NOT OUR RATES IT'S THE CONSUMPTION THAT THEY'VE GOT THAT'S DRIVING THEIR BILL UP SO HIGH LIKE THAT SO UM THIS PAST WINTER UH WE THIS CHART IS TALKING ABOUT DEGREE DAYS SO IT'S A NUMBER OF HOURS IN A DAY WHERE TEMP TEMPERATURES ARE ABOVE OR BELOW A CERTAIN THRESHOLD AND SO THE HIGHER THE NUMBER THE MORE SALES THAT YOU'RE GOING TO HAVE AND THE LOWER THE NUMBER THE LESS OBVIOUSLY BUT YOU CAN KIND OF SEE THAT TREND IT'S GOING DOWN EVERY SINGLE YEAR AND THIS PAST WINTER HARVEY DID A CALCULATION ON THE HEATING DEGREE DAYS NUMBERS AND WHAT HE DETERMINED WAS THAT IT WAS ABOUT 67 PERCENT OF A NORMAL WHICH IS HISTORICAL WE HAVE NOT EVER SEEN NUMBERS THAT LOW SO THAT IS DEFINITELY DRIVING THAT AND CONVERSATION WITH COUNCILMAN GREEN RECENTLY HE WAS HE WAS POSING THE QUESTION HOW MUCH OF THAT IS RELATED TO ENERGY EFFICIENCY ALSO I MEAN YOU YOU THINK ABOUT IT THE DOE IMPLEMENTED ENERGY EFFICIENCY STANDARD BACK IN 2010 YOU CAN'T BUY AN ENERGY INEFFICIENT AIR CONDITIONER ANYMORE SO EVERYTHING THAT'S BEING BOUGHT AND INSTALLED IS GREATLY MORE EFFICIENT THAN IT EVER HAS BEEN THE HOUSES ARE BEING INSULATED BETTER EVERYTHING'S GETTING BETTER THE PER CAPITA CONSUMPTION IS STARTING TO GO DOWN SO I THINK ALL THAT IS COMING TOGETHER THE MAJORITY OF THIS IS WHETHER IT HAS TO BE BUT THEN THOSE OTHER FACTORS OF ENERGY EFFICIENCY GOT TO BE PLAYING IN AS WELL SO I DON'T WANT TO MAKE LIGHT OF THIS BUT YOU'RE HOPING FOR A COOLING TREND AS WELL I WISH PEOPLE WOULD USE MORE ELECTRICITY YES OPEN YOUR DOORS THANK YOU RIGHT HERE COUNCILWOMAN MARTINEZ-GARCIA THANK YOU SO MUCH I APPRECIATE THIS PRESENTATION AND YOU KNOW REFERRING BACK TO THE CAPITAL IMPROVEMENT PROJECTS AND I MEAN I KNOW IN OUR CONVERSATIONS YOU I KNOW JUST ATTENDING THE EUB MEETINGS THIS HAS BEEN STRATEGICALLY DONE AND WE'VE HAD TO PUT OFF SOME OF THOSE PROJECTS BUT IN THE LONG RUN IF I'M NOT MISTAKEN IT'S GOING TO PAY OFF FOR OUR CITIZENS SO IT'LL BE AN IMPROVEMENT WHERE WE COULD DO SOME REDUCTIONS IN THE FUTURE IN THE NEAR FUTURE YEAH BUT I ALSO WANT TO POINT OUT THAT THE MASSENGALE FACILITY IS A LIABILITY TO NOT JUST THE ENTIRE CITY BUT TO DISTRICT ONE AND EVEN TWO SO IT IS BEYOND TIME FOR THIS PROPERTY THIS PROPERTY THAT HAS A LOT OF ISSUES TO BE DEMOLISHED AND I MEAN IT'S NOT EVEN FUNCTIONING NOW MY MISTAKE THAT'S CORRECT THAT'S CORRECT AND BUT IT HAS A LOT OF I MEAN ASBESTOS JUST I COULD GO ON AND ON SO IT IS BEYOND TIME AND ANOTHER FACTOR THAT IMPACTS THE QUALITY OF LIFE AND THE HEALTH EFFECTS OF THE PEOPLE IN THESE NEIGHBORHOODS SO IT MUST COME DOWN THE OTHER THING IS WE'VE YOU KNOW TECHNOLOGY HAS IMPROVED AND WE'RE SEEING THAT YOU MENTIONED IT JUST A MINUTE AGO AND I AGAIN THERE'S BEEN A LOT OF STRATEGY AS MUCH AS I WANT TO SEE REDUCTIONS BECAUSE I I COMPLAINED TO YOU ABOUT MY OWN UTILITY BILL BUT YOU KNOW I I KNOW IT'S BASED ON CONSUMPTION I HAVE AN ECOSYSTEM THE WHOLE THING BUT IT DOESN'T ALWAYS YOU KNOW IT'S BEEN HOT OUT THERE THAT'S JUST THE BOTTOM LINE AND THEN TO YOUR POINT ABOUT THE ENGINEERING I JUST WANTED TO ALSO MENTION THAT WE'VE BEEN FORWARD THINKING ALSO IN ESTABLISHING SCHOLARSHIP PROGRAMS TO TRY TO RECRUIT POTENTIAL ENGINEERS WHICH YOU KNOW I THINK IS VERY IMPORTANT TO THIS TYPE OF WORK AND EVEN THOUGH WE'RE NOT IN THE ELECTRIC BUSINESS PER SE THERE'S STILL A NEED FOR US TO BE ON TOP OF THAT SO YES YOU [01:55:01] KNOW I I JUST WANTED TO MENTION THOSE THOSE THAT HOW NECESSARY ONE IN SPECIFIC THE MASSENGALE FACILITY IS TO DISTRICT ONE AND AND POSSIBLY DISTRICT TWO SO YOU KNOW THANK YOU FOR AT LEAST BEING MINDFUL OF THAT AND I MEAN I CAN'T SAY ENOUGH WHEN WE TALK ABOUT DISTRICT EQUITY THESE ARE THE TYPES OF PROJECTS WHEN WE POSTPONE THEM OVER AND OVER AND OVER AND OVER WE WE JUST CAN'T ANYMORE YOU KNOW IT'S AFFECTING THE HEALTH OF THE PEOPLE NEARBY I BELIEVE WE HAD A AN OLD POWER PLANT IN SOUTHWESTERN NEW MEXICO MANY YEARS AGO A LONG TIME AGO AND WE NEGLECTED IT WE DIDN'T TEAR IT DOWN LIKE WE SHOULD HAVE WE DIDN'T DO ANYTHING WE SHOULD HAVE YOU COULDN'T EVEN WALK INSIDE THE BUILDING BECAUSE THE BIRD EXPERIMENT WAS SO BAD YOU JUST FILL UP YOUR LUNGS AND YOU WOULDN'T PROBABLY SURVIVE VERY LONG SO YOU CAN'T JUST PUT THINGS LIKE THAT OFF INDEFINITELY YOU GOT TO YOU GOT TO TAKE THAT UP WHEN YOU SHOULD WHEN YOU GOT THE MONEY DO IT THAT'S THE BEST THING FOR EVERYBODY AND KNOWING THAT THAT'S A IT'S RIGHT THERE OFF THE FREEWAY IT'S NOT A BAD PIECE OF PROPERTY THIS IS CITY PROPERTY CITY WE'RE ALL CITY BUT UH THAT'S A GOOD PLACE TO PUT SOMETHING IN THE NEAR FUTURE TOO IT'S AN EXPANSION THANK YOU OKAY ALL RIGHT ALL RIGHT I DON'T SEE ANY OTHER QUESTIONS SO UH IS THERE THANK YOU JOE IS THERE A MOTION TO APPROVE AGENDA ITEM 7.7 SECOND A MOTION AND A SECOND ANY DISCUSSION OKAY I SEE NONE I WILL BE UH VOTING AGAINST IT I STILL BELIEVE THAT WE GAVE A INDICATION TO OUR PUBLIC THAT WE WOULD BE REDUCING THEIR RATES AND UH I DON'T SEE THAT WE'VE DONE ENOUGH TO TRY TO PREPARE FOR THAT THIS YEAR I LOVE YOUR PROMISE FOR NEXT YEAR BUT I'D LOVE TO SEE PREPARATION FOR IT THIS YEAR I THINK THAT'S WHAT OUR PUBLIC HAS EXPECTED ONCE THIS MEET AND CONFER I MEAN NOT THE MEETING CONFER THE HOLD HARMLESS FELL OFF SO I WILL BE VOTING AGAINST IT BUT I DO I KNOW YOU WORK HARD AND I KNOW YOU'RE LOOKING OUT FOR STUFF BUT OUR JOB UP HERE IS TO LOOK OUT FOR OUR CONSTITUENTS AND THAT'S WHAT I INTEND TO DO SO THANK YOU VERY MUCH UH ALL RIGHT LET'S UH WE DON'T HAVE TO HAVE A RECORDED VOTE ON THIS JUST UH ALL IN FAVOR SAY AYE ANY OPPOSED SAY NAY NAY SO IS THAT A FIVE TO TWO IS THAT RIGHT MR HARRIS WERE YOU THE ONLY ONE DOWN HERE OKAY ALL RIGHT SO THAT PASSES FIVE TO TWO YES ALL RIGHT UM TAKE UP [8. Ordinance 1st Reading - Business Development: Consider an ordinance accepting and approving the 2026 Annual Service Plan Update to the Service and Assessment Plan, and an updated assessment roll for the Highland Oaks Public Improvement District.] [9. Resolution - Finance: Consider a resolution authorizing publication of a Notice of Intention to issue City of Lubbock, Texas Highland Oaks Public Improvement District Special Assessment Revenue Bonds.] [10. Resolution - Finance: Consider a resolution expressing intent to finance expenditures to be incurred in the special assessment revenue bonds for the costs of certain public improvements benefiting the property within the Highland Oaks Public Improvement District and to reimburse itself for costs associated with the project from the proceeds of obligations to be issued subsequently.] ITEM 7.8 ORDINANCE ACCEPTING IMPROVING THE 2026 ANNUAL SERVICE PLAN UPDATE AND SERVICE AND ASSESSMENT PLAN FOR HIGHLAND OAKS PUBLIC IMPROVEMENT DISTRICT THAT OKAY MAYOR IF I MIGHT YES SEVEN EIGHT NINE AND TEN ARE ALL THREE RELATED ITEMS SO YOU'RE NOW MOVING INTO THOSE ACTION STEPS THAT ULTIMATELY RESULT IN HIGHLAND OAKS BEING ABLE TO CONNECT TO THE CITY WATER SYSTEM BRING THE WATER TO THOSE INDIVIDUAL HOUSES REMEMBER THAT THERE IS A PUBLIC IMPROVEMENT DISTRICT THAT WAS CREATED AFTER THE HIGHLAND OAKS ANNEXATION SPECIFICALLY TO PROVIDE THE FUNDING TO SUPPORT A DEBT SO IT'S NOT IT'LL BE ON THE CITY BOOK IT IS NOT PAID BY THE CITY IT IS PAID BY THE PUBLIC IMPROVEMENT DISTRICT MISS MOLLY BALLESTEROS IS GOING TO DO THE FIRST ITEM 7.8 7.8 SETS UP THE SERVICE AND ASSESSMENT PLAN THAT CREATES THE REVENUE TO GO WITH NINE AND TEN SO MOLLY'S GOING TO TAKE US THROUGH EIGHT WE'LL HAVE JOE AND MISS JULIE MCMILLAN CARRYING US THROUGH NINE AND THEN THROUGH TEN TEN IS THE REIMBURSEMENT RESOLUTION AND SOME OF YOU RECALL THOSE THAT IS THE STANDARD FORM IF THE COUNCIL APPROVES NOTICE AND ULTIMATE ISSUANCE OF A DEBT YOU ALSO ARE ASKED TO CONSIDER A REIMBURSEMENT RESOLUTION SUCH THAT EXPENSES CAN BEGIN TO BE INCURRED WITH THE INTENT TO HAVE THEM PAID BACK THIS ENTIRE SYSTEM THIS ENTIRE PLAN HONORS EXACTLY WHAT THE COUNCIL SET OUT WHEN YOU AGREED TO THE HIGHLAND OAKS ANNEXATION YES WE WANTED THEM INTO THE CITY YES THE INTENT WAS TO GET THE WATER SERVICE TO THOSE INDIVIDUAL HOMES BUT THOSE HOMES WOULD BE THE ONES THAT PAY FOR IT SO WE GET DONE WITH ALL THREE OF THESE YOU'VE PUT THAT INTO MOTION SO MOLLY IF YOU WOULD TAKE US MY SERVICE AND QUICK BREAK HERE THOUGH JUST FIVE MINUTE BREAK MOLLY TAKE A QUICK BREAK SO TAKE A SEAT THEN WE'LL GO BACK IN A MINUTE ALL RIGHT HAVE SOME IMPATIENT PEOPLE UP HERE ON THE COUNCIL INCLUDING [02:00:07] ME LET'S GO WE'RE BACK ON I COME BACK UP AND PICK UP WHERE YOU LEFT OFF GOOD AFTERNOON MAYOR MCBRAYER COUNCIL MEMBERS TODAY WE WILL BE REVIEWING THE HIGHLAND OAKS PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ORDINANCE HERE IS THE OUT THE BOUNDARY OF THE PUBLIC IMPROVEMENT DISTRICT HIGHLAND OAKS THIS BOUNDARY WAS SET JUST ABOUT A YEAR AGO WHEN THE PID WAS CREATED THE PID WAS INITIALLY CREATED TO BE ABLE TO FUND DEBT PAYMENT THROUGH A BOND TO PROVIDE WATER UTILITIES TO THE NEIGHBORS AND PROPERTY OWNERS WITHIN THE HIGHLAND OAKS PUBLIC IMPROVEMENT DISTRICT THIS YEAR IS THE SECOND YEAR OF ASSESSMENT WHICH IS 2026 AND THERE IS NO PROPOSED INCREASE FROM THE INITIAL ASSESSMENT THIS ASSESSMENT IS SLIGHTLY DIFFERENT THAN WHAT WE HAVE PRESENTED TO YOU GUYS THIS PAST MONTH OR ALL THE OTHER PUBLIC IMPROVEMENT DISTRICTS AS THE UNIT OR OWNERS PER UNIT OR LOTS AND THIS PUBLIC IMPROVEMENT DISTRICT WILL PAY A TOTAL OF THIRTY THREE THOUSAND TWO HUNDRED SEVENTY DOLLARS AND FIFTY NINE CENTS WHICH IS DIFFERENT THAN THE WAY WE TYPICALLY ASSESS PIDS IN LUBBOCK BASED OFF OF THEIR HOME VALUE IN THIS PUBLIC IMPROVEMENT DISTRICT WE ANTICIPATE THAT THE PID WILL GENERATE A LITTLE OVER FOUR MILLION DOLLARS IN REVENUE OVER THE NEXT FIVE YEARS TO FUND A TOTAL ESTIMATED COST OF JUST UNDER EIGHT AND A HALF MILLION DOLLARS FOR BRINGING THOSE UTILITIES INTO THE PUBLIC IMPROVEMENT DISTRICT AS OF RIGHT NOW THERE HAS BEEN NO PREPAYMENTS THAT HAVE BEEN MADE FOR THE ASSESSMENT OR PARTIAL PREPAYMENTS FOR EXAMPLE ALL OF THE PROPERTY OWNERS WITHIN THE PUBLIC IMPROVEMENT DISTRICT HAVE THE ABILITY TO PAY THAT THIRTY THREE THOUSAND TWO HUNDRED SEVENTY DOLLARS AND FIFTY NINE CENTS NOW THEY CAN PAY IT ANNUALLY OVER 20 YEARS WHICH IS THE ANTICIPATED LENGTH OF THE BONDS OR THEY CAN TAKE THAT A PAYMENT FOR EXAMPLE IN FIVE PAYMENTS OVER FIVE YEARS WHICH HOPEFULLY WOULD SAVE THEM A LITTLE BIT ON UNDERWRITING COSTS AND INTEREST BUT SO FAR THIS YEAR WE HAVE NOT HAD ANY PREPAYMENTS THE PUBLIC IMPROVEMENT SERVICES WILL BE DESIGN CONSTRUCTION MAINTENANCE AND FINANCING OF BRINGING THAT WATER UTILITIES INTO THE NEIGHBORHOOD AND OTHER ALLOWABLE PUBLIC IMPROVEMENTS AND RELATED EXPENDITURES FOR EXAMPLE THE PUBLIC IMPROVEMENT DISTRICT HAS A CONTRACT WITH MUNICAP FOR THE COLLECTION AND MANAGEMENT OF THE ASSESSMENT MANAGEMENT OTHER THAN THAT JOE HERE WILL BE PROVIDING A LOT MORE DETAILS ON THIS HIGHLAND OAKS ITEMS ON THE AGENDA YOU GUYS HAVE ANY QUESTIONS OVER THE ASSESSMENT SO UH IF THEY IF THEY CHOOSE A FIVE PAYMENT GREATER THAN FIVE IS THAT THEIR OPTION THEY CAN PAY IT FIVE YEARS OR LESS OR THEN IT'S JUST A BOND OVER THE 20 YEARS IS THAT OR CAN THEY PICK ANY PERIOD OF TIME THEY CAN PICK ANY PERIOD OF TIME BUT IF IT'S OVER THE FIVE YEARS THEY WILL BE ASSESSED PART OF THE COST OF BONDING THE PROJECT OVER THE 20 YEARS IS THAT MY UNDERSTANDING SO STATUTORILY WE ARE REQUIRED TO PROVIDE YOU WITH AN ESTIMATE AMOUNT OF REVENUE THAT WILL BE COLLECTED OVER FIVE YEARS SO THAT FOUR MILLION DOLLARS OF ESTIMATED REVENUE OVER FIVE YEARS IS JUST THE REQUIREMENT BY STATE LAW THEY CAN CHOOSE ANY FORM OF COMBINATION OF YEARS AND INSTALLMENTS THAT THEY WOULD LIKE TO THROUGH THE PREPAYMENT OPTION THEY'LL JUST WORK WITH THROUGH THAT WITH MUNICAP FROM MY UNDERSTANDING OR THE LUBBOCK CENTRAL APPRAISAL DISTRICT ON MAKING THOSE INSTALLMENTS SO THEY COULD CHOOSE TO PAY ONE TIME FOUR TIMES 20 TIMES 10 TIMES THEY JUST NEED TO TOTAL 33,270 DOLLARS AND 59 CENTS OVER THE 20 YEARS OKAY I GUESS MY QUESTION WAS IF SOMEONE CHOOSES THE FIVE YEAR OR LESS ARE THEY PAYING A PROPORTIONATE PROPORTION OF THE BONDING COST AS WELL AND MAYBE JOE IS THE BETTER ONE TO YES SO WE DID INITIALLY WE HAD SET UP A PREPAYMENT PLAN BECAUSE THE INTENT OF THE HOA WHEN THEY TOLD THEIR CONSTITUENTS WAS THAT THEY COULD AVOID THE BOND ISSUING COSTS UNDERWRITING REMEMBER THERE WAS THAT DISCUSSION AND THAT'S NOT TRUE SO SO THAT 33,270 THAT'S THE COST BROKEN UP BECAUSE IT'S NOT FAIR FOR THOSE WHO CAN AFFORD IT TO PAY FOR ALL THE COSTS UP FRONT SO THAT 33,270 IS THE TOTAL COST OF THE BONDS UNDERWRITING COST ALL IN ALL OF THAT ALL IN COST YOU CAN STILL PREPAY IT BUT THE REASON WE HAVEN'T HAD ANY PREPAYMENTS ANYMORE IS BECAUSE IT'S REALLY NOT A COST SAVINGS TO THEM ANYMORE SO THAT'S THE REASON THEY HAVEN'T CHOSE THAT OPTION OKAY ALL RIGHT THANKS ALL RIGHT ANY OTHER QUESTIONS FOR JOE RAMALI ALL RIGHT ALL RIGHT IS THAT ALL [02:05:01] THE BRIEFING WE'RE GOING TO HAVE OR WILL THERE BE FURTHER BRIEFING WE COULD CLEAR WE CAN ASK JOE AND MISS JULIE MACMILLAN TO COME UP AND COVER NINE AND TEN AND THEN APPROVE ALL THREE OF THEM TOGETHER OKAY OKAY GOOD IDEA GOOD IDEA SO NOW THAT MISS AKINSON AND MISS MARLEY HAVE KIND OF SET IT UP SO THIS IS NOW THE NOTICE OF INTENT TO ISSUE THAT DEBT FOR NOT TO EXCEED OF THE 8.484 MILLION DOLLARS THIS WILL BE PUBLISHED ONE TIME A WEEK IN THE NEWSPAPER FOR FIVE CONSECUTIVE WEEKS ONCE THAT'S APPROVED ONCE THAT'S BEEN DONE WE PLAN TO COME BACK ON OCTOBER 27TH TO GET THE AUTHORIZATION TO ISSUE THE DEBT MISS MACMILLAN HERE WITH RBC CAPITAL HAS KIND OF THE PLAN OF FINANCE FOR THIS BID SO I'LL TURN IT OVER TO HER UNLESS YOU HAVE ANY OTHER QUESTIONS FOR ME MOLLY HAS REALLY GIVEN YOU A LOT OF THE DETAIL THAT'S IN THE PRESENTATION THAT WE PUT TOGETHER SO IT IS A LITTLE BIT OF A DUPLICATION BUT THE PLAN OF FINANCE RIGHT NOW IS THAT THE NOTICE OF INTENT WILL ALLOW US TO POST THOSE NOTICES THAT ARE REQUIRED BY CITY STATUTE WOULD YOU STEP OVER IN FRONT OF THE MIC WE'VE GOT TO GET THIS RECORDED SORRY YES THE NOTICE OF INTENT THE RESOLUTION FOR THE NOTICE OF INTENT ALLOW US TO POST THE REQUIRED NOTICES ACCORDING TO THE CITY'S CHARTER FOR THE BOND TRANSACTION AND THEN RIGHT NOW THE PLAN OF FINANCE IS THAT WE WOULD BE COMING BACK TO THE CITY COUNCIL WITH A ORDINANCE TO APPROVE BONDS AT THE OCTOBER 27TH MEETING AFTER WE PRICE THOSE BONDS ON THE 26TH SO THE NUMBERS AND THINGS THAT YOU'RE SEEING HERE TODAY ARE ALL PRELIMINARY BASED ON YOU KNOW KIND OF MARKET CONDITIONS EARLIER THIS MONTH AND SO AS I SAID A LOT OF THIS IS A DUPLICATION OF THE INFORMATION YOU'VE SEEN BUT THIS IS KIND OF THE NUMBERS AS THEY LOOK OVER THE 20-YEAR PERIOD RIGHT NOW THAT THESE BONDS WOULD BE STRUCTURED OVER AND THESE AGAIN ARE PRELIMINARY THEY'RE NOT BASED ON WE DON'T YET HAVE THE PROJECT NUMBER I BELIEVE THAT'S COMING IN FRONT OF THE COUNCIL THE NEXT FEW WEEKS BUT THE MAX AMOUNT RIGHT NOW IS THAT 8484 THAT WAS APPROVED ORIGINALLY WHEN YOU ALL APPROVED THE PID AND THE PROJECT AND SO THAT'S THE KIND OF CEILING NUMBER WE'RE WORKING FROM RIGHT NOW SO AND THEN HERE'S THE PLAN OF FINANCE IN TERMS OF THE TIMETABLE SO WE'RE PREPARING ALL THE DOCUMENTS AND THIS NOTICE OF INTENT JUST ALLOWS US TO CONTINUE WITH THAT PROCESS AND MOVE FORWARD FROM A TIMING PERSPECTIVE THANK YOU ANY QUESTIONS MR COUNCILMAN GREEN SO WHAT DID WHAT DID MOLLY SAY THAT YOU HAVE TWO OPTIONS YOU CAN PAY IT UP FRONT ALL ALL AT ONCE THE 33,000 OR THEY CAN DO FIVE THEY CAN WORK WITH MUNICAP THE PIT ADMINISTRATOR TO DETERMINE THEIR PAYMENT SCHEDULE IF THEY WANT TO PREPAY ANY PART OF THE ASSESSMENT IT DOESN'T ALLEVIATE THEM FROM YOU KNOW THE TOTAL COST THAT'S ALLOCATED TO EACH LOT RIGHT SO A PREPAYMENT DOES NOT GIVE THEM A DISCOUNT LET ME PUT IT THAT WAY ON THE TOTAL COST BUT BUT THE OTHER OPTION IS FIVE FIVE YEARS FIVE IT'LL BE ANNUAL UNTIL WE PAY OFF THE BONDS SO 18 YEARS YEAH IT'S ABOUT 18 IT IS ABOUT 18 OKAY I WAS LOOKING AT THAT YES YOU ANTICIPATE A PAYMENT THROUGH 2045 OKAY YES AT 5.6 25 SOMETHING LIKE THAT THAT'S AN ESTIMATE RIGHT NOW RIGHT SO WHEN WE COME BACK ON OCTOBER 27TH WE'D HAVE FINAL NUMBERS AND WE WILL HAVE THE CAP THE THE ACTUAL COST OF CAPITAL AND THEN THE INTEREST RATES AND EVERYTHING WILL BE LOCKED IN ON THE 27TH WHEN WE COME BACK BEFORE CITY COUNCIL THEN THE OVERALL WITH THE INTEREST AND EVERYTHING WOULD BE AROUND 14 MILLION I BELIEVE SO YES OKAY OKAY THANK YOU ABSOLUTELY ALL RIGHT SO UH CAN I TAKE A MOTION ON ALL THREE TOGETHER DO WE HAVE TO DO OKAY DO I HEAR IF WE IF WE CAN GET A MOTION ON ALL THREE OF THEM YES DO I HEAR A MOTION TO APPROVE AGENDA ITEM 7.8 7.9 AND 7.10 WE HAVE A MOTION A SECOND ANY FURTHER DISCUSSION I SEE NONE ALL IN FAVOR SAY AYE AYE ANY OPPOSED SAY NAY I SEE NONE ALL RIGHT ALL RIGHT NOW WE'LL TAKE UP ITEM 7.11 A RESOLUTION APPROVING THE 20 [11. Resolution - City Council: Consider a resolution approving the 2027-2028 Legislative Agenda for the 90th Texas Legislative Session and the 120th United States Congress, for the purpose of defining the position of the City of Lubbock on State and Federal Legislative issues.] 27 28 LEGISLATIVE AGENDA FOR [02:10:03] THE 90TH TEXAS LEGISLATIVE SESSION AT 120TH UNITED STATES CONGRESS FOR THE PURPOSE OF DEFINING THE POSITION OF THE CITY OF LUBBOCK ON STATE AND FEDERAL LEGISLATIVE ISSUES I'LL CALL ON OUR CITY MANAGER TO GIVE THE STAFF BRIEFING THANK YOU MAYOR COUNCIL YOU HAVE THE DOCUMENTS AS PART OF YOUR PACKET AS PART OF YOUR PACKET I'M GOING TO GO BACK TO THE PRESENTATION WE LOOKED AT ON AUGUST THE 25TH THE BOLDED ITEM AT THE BOTTOM IS THE ADDITION THAT WAS SUGGESTED DURING THAT MEETING SO YOU WILL INITIATE EFFORTS TO STREAMLINE ABATEMENT OF SUBSTANDARD STRUCTURES WHILE PROTECTING THE PROPERTY RIGHTS OF BOTH THE OWNER AND THE OWNERS OF SURROUNDING PROPERTIES MAYOR I THINK THAT WAS YOUR SUGGESTION I HOPE WE CAPTURED IT IF SO I'LL JUST FLIP NOW QUICKLY AND AGAIN I DID NOT PUT ON THE PRESENTATION THE ENTIRETY OF YOUR AGENDA IT IS IN THE PACKET THESE ARE THOSE THINGS THAT WE ARE CHANGING SO YOU SEE NOW WE HAVE FOUR RATHER THAN THREE ON INITIATE AFTER OUR LAST DISCUSSION WE HAD NO SUGGESTED CHANGES THAT CAME TO ME AS FAR AS ITEMS YOU WOULD SUPPORT SO WE'LL ADD THESE TO THE REMAINDER OF THE LIST OPPOSE AND THIS BULLET HAS BEEN THERE WE'VE ADDED THAT PARTICULAR LANGUAGE OR FUNDING NECESSARY TO PROVIDE SUCH SERVICES TO YOUR RESIDENTS IN YOUR COMMUNITY FOR THE FEDERAL LEVEL THIS IS THE ONE RELATED TO THE POTENTIAL PFAS ISSUES THEY DON'T EXIST TODAY BUT WE DO HAVE CONCERN THAT THEY MIGHT REMEMBER WE HAVE ADDED THE LAKE SEVEN BULLET TO THE FEDERAL SIDE OF THIS AND I THINK THAT'S APPROPRIATE WITH WHERE YOU STAND TODAY WHICH IS WITHIN THE 404 PERMIT PROCESS THROUGH THE UNITED STATES ARMY CORPS OF ENGINEERS SO COUNCIL FOR YOUR DISCUSSION AND ULTIMATE ACTION TODAY WE NEED THREE ITEMS FINALIZE THE LEGISLATIVE AGENDA SELECT TWO COUNCIL MEMBERS TO WORK WITH THE MAYOR TO DIRECT THE LEGISLATIVE EFFORTS THAT'S ON PAGE ONE OF THE AGENDA AND THEN FINALLY CONSIDER THE RESOLUTION THAT WILL ADOPT THOSE TWO THINGS ABOVE MAYOR WITH THAT I TURN IT OVER TO YOU TAKE ANY QUESTIONS THAT YOU MAY HAVE ALL RIGHT ARE THERE ANY QUESTIONS ABOUT THE LEGISLATIVE AGENDA AS IT HAS BEEN PRESENTED AND AMENDED I DON'T SEE ANY ALL RIGHT UM SO WE'VE GOT THREE ITEMS HERE HOW DO WE TAKE THEM UP THE RESOLUTION ALREADY HAS THE LEGISLATIVE AGENDA AS IT WAS PRESENTED TODAY SO IF THERE ARE NO CHANGES NO CHANGES WE FINALIZED IT YOU HAVE FINALIZED IT ALL RIGHT YOU NEED TO NAME YOUR LEGISLATIVE COMMITTEE IS THAT PART OF THE RESOLUTION THEN THAT IS IT'S INSIDE THE RESOLUTION RESOLUTION ADOPTS THE LEGISLATIVE AGENDA PAGE ONE OF THAT IS WHERE IT REFERENCES THE MAYOR AND THE TWO COUNCIL MEMBERS ALL RIGHT ALL RIGHT SO WITH THAT I'M GOING TO SAY THAT I HAVE CHOSEN TO SELECT OUR MAYOR PRO TEM TO SERVE ALONGSIDE ME AND ALSO OUR COUNCILMAN DAVID BRUEGEL TO SERVE ON THAT LEGISLATIVE COMMITTEE SO WE'RE OPEN FOR OTHER SUGGESTIONS ON THAT APPOINTMENT COUNCILWOMAN MARTINEZ GRACIA OKAY WE HAVE DOUBLE STANDARDS UNFORTUNATELY I SERVED BEFORE I'VE BEEN ON THE COUNCIL NOW FOR A FEW YEARS AND I HAVE WORKED VERY HARD EVEN OBTAINING PERFECT ATTENDANCE ATTENDING DIFFERENT PARTS OF OF THE COUNCIL THAT ARE VERY VERY IMPORTANT EUB LITA MPO SPAG I COULD GO ON AND ON AND YET I AM BEING OVERLOOKED WHEN I HAVE SENIORITY AND EXPERIENCE AND IT REALLY DISAPPOINTS ME NOT ONLY THAT BUT IF YOU WANT TO TALK ABOUT HAVING EXPERIENCE AND CONNECTION IN THE CITY I'M INVOLVED IN SO MANY DIFFERENT THINGS IN THIS CITY AND IT DISAPPOINTS ME EVEN LAST WEEK I PUT IN 38 HOURS ON TOP OF A JOB AND OTHER EXTRACURRICULAR ACTIVITIES IT'S DISGUSTING TO ME THAT I HAVE TO COME TO UP TO THIS COUNCIL TO TELL YOU WHY I AM QUALIFIED TO DO THAT BUT I'VE BECOME USED TO THE DOUBLE STANDARDS SO AND THAT'S MY PERSONAL OPINION AND AND THAT'S BEING AN ADVOCATE FOR MYSELF AND FOR MY DISTRICT BECAUSE THE OTHER THING THAT I [02:15:02] THINK IS IMPORTANT IS THAT THIS CITY SHOULD REFLECT ITS CITIZENS AND OBVIOUSLY THIS COMMITTEE WILL NOT ALL RIGHT THANK YOU COUNCILWOMAN AND I DON'T THINK ANYONE UP HERE I'VE ALWAYS SAID YOU'RE THE HARDEST WORKING COUNCILPERSON UP HERE AND I JUST THINK THIS IS THE MAYOR PRO TEM IS USUALLY ON THIS BECAUSE THEY ACT IN MY ABSENCE AND SO THE OTHER POSITION IS AN OPEN POSITION IT CAN BE SENIORITY IT CAN BE OTHER REASONS MY REASON FOR SELECTING MR BRUEGEL IS BECAUSE OF HIS STRONG RELATIONSHIP WITH OUR LEGISLATIVE TEAM IN AUSTIN WORKING CLOSELY WITH THEM FOR MANY YEARS AND WE JUST NEED SOMEONE WHO REALLY HAS THEIR EAR BECAUSE THERE'S SO MUCH THAT WILL AFFECT OUR CITY THAT COULD COME OUT OF THIS LEGISLATURE AND SO I THINK MR BRUEGEL HAS ALSO SHOWN HIMSELF TO BE A REAL STRONG ADVOCATE FOR THE TAXPAYER WHICH IS ONE OF THE THINGS THAT THE LEGISLATURE IS ALWAYS LOOKING AT AND I THINK IT CAN SPEAK EFFECTIVELY TO THAT AND NEVERTHELESS HOW THEIR DECISIONS WILL AFFECT OUR CITY AND OUR TAXPAYERS SO THAT'S THE REASON FOR MY CHOICE NOT TO SLIGHT YOU AND YOU YOU WERE ON THE LEGISLATIVE COMMITTEE TWO YEARS AGO SO SO THAT'S MY DO I MAKE THAT AS A MOTION WHAT HOW DO WE DO THIS SO OKAY THAT'S FINE I'M JUST TRYING YEAH SO YOU WOULD YOU WOULD MOVE TO APPROVE THE LEGISLATIVE AGENDA AND APPOINT THOSE PEOPLE TO THAT COMMITTEE AT THE SAME TIME ALL RIGHT OKAY COUNCILMAN MARTINEZ TO YOUR POINT THE OTHER PORTION OF THE CITY HALL IS THAT WE ARE TO BE NON-PARTISAN AND I AGREE THE MAYOR PRO TEM SHOULD BE ON THERE SHE'S A SENIOR MEMBER BUT THE OTHER PART IS THAT WE SHOULD BE APOLITICAL AND IF YOU'RE COMPARING TO PARTISANSHIP WHICH IT SOUNDS LIKE THAT'S WHAT YOU'RE DOING THAT IS ANOTHER ISSUE FOR ME IS THAT YOU ARE MAKING THIS A POLITICAL DECISION AND NOT ONE BASED ON NON-PARTISANSHIP WE SHOULD BE FOCUSING NOT ON THE PARTISAN PORTION I JUST DON'T FEEL LIKE THAT IS GOING TO BE A REAL REFLECTION OF OUR CITIZENS ALL RIGHT THANK YOU ALL RIGHT SO MY MOTION IS TO APPROVE A THREE OH MR HARRIS YEAH I WOULD JUST LIKE TO NOMINATE CHRISTY MARTINEZ FOR THE OTHER POSITION ALL RIGHT SO HOW DO WE HANDLE THIS ALL RIGHT SO HOW DO WE HANDLE THIS WELL IF MR HARRIS'S COUNCILMAN HARRIS'S IS IN THE FORM OF A MOTION AND HE WOULD NEED A SECOND AND YOU CAN BUY YOU CAN BIFURCATE THE TWO THE LEGISLATIVE AGENDA AND THE COMMITTEE SO IF COUNCILMAN HARRIS'S NOMINATION IS IN THE FORM OF A MOTION I ASSUME COUNCILMAN HARRIS THAT YOU MEANT FOR THE MAYOR PRO TEM AND COUNCILMAN MARTINEZ-GARCIA YES, SIR OKAY AND SO IS THAT YOUR FORM OF MOTION COUNCILMAN HARRIS YES OKAY SO THEN I WOULD ASK FOR A SECOND AT THAT POINT OKAY AND SO IS THAT AN AMENDMENT TO MY MOTION I DIDN'T HAVE YOU DOWN AS A MOTION OKAY ALL RIGHT SO THIS WILL BE THE MOTION THAT WE'RE VOTING ON JUST OKAY YES, SIR SO WE HAVE A MOTION DO WE HAVE A SECOND WHAT IS THE THE MOTION IS COUNCILMAN HARRIS'S MOTION WAS FOR IT TO BE THE MAYOR MAYOR PRO TEM AND YOU WELL I WILL SECOND IT MYSELF EVEN THOUGH I KNOW THAT THIS IS A POLITICAL DECISION ALL RIGHT WE HAVE A MOTION AND A SECOND ANY FURTHER DISCUSSION DISCUSSION ALL RIGHT SO THE MOTION ON THE FLOOR IS YOUR MOTION TO MAKE THIS THE THE COMMITTEE AND TO APPROVE THE RESOLUTION OR IS THIS JUST HIS MOTION IS JUST FOR THE COMMITTEE JUST FOR THE COMMITTEE OKAY NOT ON THE RESOLUTION ITSELF JUST ON THE COMMITTEE ALL RIGHT DO WE NEED A RECORDED VOTE ON THIS I GUESS NO WE DON'T HAVE TO HAVE RECORDED ALL IN FAVOR OF MR HARRIS'S MOTION PLEASE LET IT BE DONE BY SAYING AYE OKAY IS THAT THE TWO ALL RIGHT ALL OF UH OPPOSED SAY NAY NAY IS THAT FIVE TO TWO AM I RIGHT OKAY OKAY FIVE TO TWO ALL RIGHT SO UM NOW WE GO BACK TO I GUESS I WILL MAKE MY MOTION NOW MY MOTION [02:20:01] WOULD BE TO NAME THE COMMITTEE OF MYSELF THE MAYOR PRO TEM AND COUNCILMAN DAVID BRUEGEL FOR THAT AND TO ADOPT OUR RESOLUTION ON OUR LEGISLATIVE AGENDA ALL RIGHT A PROPER ALL RIGHT THAT'S MY MOTION IS THERE A SECOND SECOND I HAVE A MOTION AND A SECOND ANY DISCUSSION ALL IN FAVOR SAY AYE AYE ANY OPPOSED SAY NAY OKAY IS THAT STILL FIVE TO TWO I THINK IS THAT RIGHT OKAY AFTER TWO ALL RIGHT UH HAVING EXHAUSTED ALL ITEMS ON OUR AGENDA THIS MEETING IS ADJOURNED * This transcript was compiled from uncorrected Closed Captioning.