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Jim Miller  
Floresville, TX  
September 9, 2012 10:31pm
The propaganda and rhetoric continues . . . .

"The consequences of not doing our job by October 1 is extremely important for our financial future." (Mayor Daniel M. Tejada)

Texas Tax Code 26.05(a) requires that a taxing unit adopt a tax rate by September 30 of each year. If this is not done, Texas Tax Code 26.05(c) mandates that the tax rate is be set at the lower of the effective tax rate calculated for that tax year or the tax rate adopted by the taxing unit for the preceding tax year. If adopted in this manner, Texas Property Code 26.05(c) dictates that the tax rate must be ratified within (5) days.

So, it would appear, according to the LAW, that the City of Floresville has until October 5, 2012 to "ratify" a tax rate.

The TRUTH is that the Mayor wants to keep the tax rate the same which according to the LAW (Truth in Taxation) is a TAX INCREASE!

Here is another FACT that the Mayor neglects to spell out in his appeal for a quorum that will allow his cronies to pass resolutions for a sports complex. In the absence of property tax the City of Floresville continues to receive sales tax, franchise fees, water/sewer/refuse revenue, and revenue from the municipal court. The projected revenue for next year totals nearly $4 million of which only $852,500 is property tax.

I am certain that essential City services (water, sewer, streets and public safety) will not be impacted due to 5 working days without property tax! And most certainly they will not be negatively impacted by waiting until November when the voters will speak as the future of our City.

"It is IMPERATIVE that we can gather as a CTY COUNCIL to conduct business." (Mayor Daniel M. Tejada)

Both Councilman Guerrero and Councilman Morones have attempted, on several occassions, to schedule Special City Council Meetings to conduct the City Business with agendas that did not contain resolutions pertaining to a "sports complex" and it has been this Mayor that it unwilling to schedule a meeting without the agenda items that RAISE TAXES or give the City responsibility for the operation and maintenance of a "sports complex". When Councilwoman Castillo was approached by a citizen at the last scheduled Special City Council Meeting on this issue she echoed the arrogance of the Mayor and stated "That will never happen!"

Another, inconvenient truth: If the City is unable to approve a budget by September 30 the City Manager will be required to use the previous year's budget. Then in November, after the election, the new Mayor and Council can establish a budget for City operations that is appropriate and responsible use of the taxpayers money. In the interim it is business as usual.

As to their "Oath of Office"; Section 5.04 of the City Charter of the Floresville requires that each elected official take an oath of office, sworn and filed with the City Secretary, that contains the following language "I,_________________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ______________, of the City of Floresville, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the charter and ordinance of this city . . ."

The elected officials of the City of Floresville are the Fiduciary Agents of the Taxpayer. In other words they are responsible for appropriately and responsibly managing the taxes paid to the City. It would appear that contrary to the Mayor's belief, that Councilman Guerrero and Councilman Morones are in-fact executing the duties of their office and protecting the will and the rights of the voters and taxpayers of our City.

No Mr. Mayor, the City of Floresville in not in imminent danger because of a lack of a quorum as your propaganda and rhetoric would have people believe.

What is in imminent danger is the continued mismanagement of the taxpayers dollars and your legacy sports center

Jim Miller,
Registered Voter, Business Owner, Citizen, and
Candidate for City Council, Place #1

On Facebook: Jim Miller for Floresville
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