Incumbent Diane Hervol, dressed in jeans and a long-sleeved University of Texas pullover shirt, stood in the lobby of City Hall this morning, hesitantly, tentatively dipped her hand in a clear glass dish held by acting City Secretary Jennifer Vetrano, wrapped her hand around one of two tiny pieces of paper in that dish, pulled that tiny slip from the dish, unfolded it, read it, smiled and said "Diane Hervol," effectively giving her the top spot on the June 11 City Council runoff ballot.
According to a study conducted by the University of Virginia’s Center for Politics, being listed first on the ballot is a definite advantage, although that advantage may be diminished here because so few Kyle residents vote.
"In some elections a first-listing produces just a handful of votes, though they can make the difference in an extremely close election," the study said. "In other elections a first-listing can generate extra votes up to about 5 percent of the overall tally, according to some studies."
Interestingly, the study speculated that this first-listing bias is more apparent on election day than in early or absentee voting. "One wonders whether the first-listing bias is as great for absentee and mail ballot voters, compared to those who turn up at the polls on Election Day," the study said. "Voters can take their time at home — they can even do some internet research on the candidates before completing their ballots. At the polls, many voters feel anxious and tense. Everyone is in a hurry and being watched. No one wants to hold up the line."
The reason why I point this out is because in the May election, Hervol won 65 percent of the absentee vote and 51 percent of those who voted early. However, her opponent, business owner Travis Mitchell, who was listed first on that ballot, took 58 percent of the vote on election day.
After the drawing I asked Hervol if she planned on changing her campaign strategy due to the time limitations before the election.
"I intend to change it up a little bit," she replied. "I’m still in the preliminary stages as to what I anticipate doing, but I am going to change it up a little bit. I still plan to work hard and work smarter."
Mitchell, who just returned home from a camping trip on the Colorado River with his extended family, told me later this morning he plans to "vigorously" plunge into the runoff campaign.
"Local election campaign strategies require a certain amount of secrecy because they're relatively easy to foil," Mitchell said. "Nevertheless, I plan to campaign vigorously during this cycle."
The Kyle Report
Wednesday, May 18, 2016
Tuesday, May 17, 2016
Mayor seeks joint meeting to complete Comp Plan mid-term update
In a meeting during which City Engineer Leon Barba presented another update on the road bond projects and which featured a moving Memorial Day resolution and a equally stirring recognition of life saving acts performed by members of the Kyle Police Department, Mayor Todd Webster announced this evening he will seek to hold a one-day City Council-Planning & Zoning Commission joint meeting to complete the mid-term update of the City’s Comprehensive Plan.
Perhaps the most noteworthy thing to report about tonight’s Council session was its relative brevity, clocking in at just under two hours — and that included an Executive Session (which mercifully lasted only 21 minutes).
The City decided at the beginning of the mid-term Comp Plan update process it didn’t want to spend the money on consultants to make changes in the Plan the City felt could be made by self-professed planning experts. However, when the assignment came to the Planning & Zoning Commission, it decided right away consultants were required, whether or not the City want to bear the costs for those consultants, and instead of performing the update the Council requested, it drafted a letter to the Council recommending what actions the commissioners felt the consultants should take.
That letter became part of the City Manager’s Report on tonight’s agenda.
"The (P&Z) Commission ultimately determined that certain updates were needed, primarily to the maps section," City Manager Scott Sellers told the Council. "And the letter sent to Council addresses those individual revisions.
"The letter recommended we look at an outside consultant to do the work." Sellers continued. "We may be able to do most of that work in-house, maybe with a little bit of facilitation from outside sources."
Sellers said the letter referenced other plans being worked on, such as the wastewater plan, the Parks Master Plan, etc., and said those plans, when finished, would ultimately be incorporated into the Comprehensive Plan and the maps would be adjusted accordingly. He also said "There are some zoning issues we’ll need to look at with a growing city, especially in light of the recent annexations." He then asked for further direction from the council.
That’s when Mayor Webster announced his joint workshop plan "not just to go over the letter but also to be prepared to tackle some of the issues." He did not propose a date for the meeting but said he would set one with Sellers at a time when P&Z members would be available.
"My only issue with consultants is just cost," Webster said.
Mayor Pro Tem David Wilson endorsed Webster’s proposal, saying the ideas contained in the Comprehensive Plan all came from Kyle citizens and all the consultants did was format them. He suggested inexpensive computer software is available today that would allow the City to even handle that formatting internally.
"I would feel comfortable doing it that way and not spending hundreds of thousands on consultants again," Wilson said.
Sellers reminded the Council that this all revolved around a mid-term update, not the mandatory 10-year reformation of the Comprehensive Plan. "The five year update is more basic (than the 10-year review), updating the zoning, updating the maps" Sellers said. "This format (the proposed joint meeting), I think, is appropriate."
Council member Diane Hervol wanted to know about the extent of community involvement in the proposed workshop, which she could be forgiven for asking about because she did not attend the numerous Planning & Zoning Commission workshops on this subject that solicited and included input from Kyle residents. Sellers added additional citizen input could be superfluous because a lot of the items to be discussed during the update "are a little more technical in nature rather than long-term planning in nature."
Barba began his presentation talking about yesterday’s opening of Marketplace Extension, from City Lights to Burleson Road. Barba said there’s still work to be done on the project including "street lights we need to get working," which I was awfully glad to hear because I drove the new road on my way home from this evening’s meeting and it’s dark on that boulevard at night. Real, real dark. It also appeared to me that at the point where the extension merges into the original road, the road striping offers an optical illusion that gave me the impression the road was about to curve to the left when, in fact, it wasn’t.
He also said "improvements" were planned at the roundabout where the extension meets Burleson. He wasn’t specific about what those improvements were, but later, during the public comments section, Dan Ekakiadis, who served on the Kyle City Council from 2005 to 2007, when Wilson took over that seat, complained the roundabout was not safe. He was particularly critical about its height.
Barba said the 13-month construction on the Goforth Road project began March 21. He said the closure on the road will be in place "for another two weeks. The weather and the utilities have delayed us but we are trying to get out of there as fast as we can."
He listed late October as the beginning of construction on the Goforth Road extension. "We think it will take about four months to build that." He said he wants to start construction on Bunton Creek in September and the estimated start date for Burleson is November. "We expect that (Burleson) project to last 18 months," he told the Council. Barba said the estimated start on construction of Lehman is next March "and we’re hoping to try to move that up. We expect that project to last about 15 months, but it could be less than that based on our final plans" that removed the need for a bridge as part of the project.
In other action this evening:
Perhaps the most noteworthy thing to report about tonight’s Council session was its relative brevity, clocking in at just under two hours — and that included an Executive Session (which mercifully lasted only 21 minutes).
The City decided at the beginning of the mid-term Comp Plan update process it didn’t want to spend the money on consultants to make changes in the Plan the City felt could be made by self-professed planning experts. However, when the assignment came to the Planning & Zoning Commission, it decided right away consultants were required, whether or not the City want to bear the costs for those consultants, and instead of performing the update the Council requested, it drafted a letter to the Council recommending what actions the commissioners felt the consultants should take.
That letter became part of the City Manager’s Report on tonight’s agenda.
"The (P&Z) Commission ultimately determined that certain updates were needed, primarily to the maps section," City Manager Scott Sellers told the Council. "And the letter sent to Council addresses those individual revisions.
"The letter recommended we look at an outside consultant to do the work." Sellers continued. "We may be able to do most of that work in-house, maybe with a little bit of facilitation from outside sources."
Sellers said the letter referenced other plans being worked on, such as the wastewater plan, the Parks Master Plan, etc., and said those plans, when finished, would ultimately be incorporated into the Comprehensive Plan and the maps would be adjusted accordingly. He also said "There are some zoning issues we’ll need to look at with a growing city, especially in light of the recent annexations." He then asked for further direction from the council.
That’s when Mayor Webster announced his joint workshop plan "not just to go over the letter but also to be prepared to tackle some of the issues." He did not propose a date for the meeting but said he would set one with Sellers at a time when P&Z members would be available.
"My only issue with consultants is just cost," Webster said.
Mayor Pro Tem David Wilson endorsed Webster’s proposal, saying the ideas contained in the Comprehensive Plan all came from Kyle citizens and all the consultants did was format them. He suggested inexpensive computer software is available today that would allow the City to even handle that formatting internally.
"I would feel comfortable doing it that way and not spending hundreds of thousands on consultants again," Wilson said.
Sellers reminded the Council that this all revolved around a mid-term update, not the mandatory 10-year reformation of the Comprehensive Plan. "The five year update is more basic (than the 10-year review), updating the zoning, updating the maps" Sellers said. "This format (the proposed joint meeting), I think, is appropriate."
Council member Diane Hervol wanted to know about the extent of community involvement in the proposed workshop, which she could be forgiven for asking about because she did not attend the numerous Planning & Zoning Commission workshops on this subject that solicited and included input from Kyle residents. Sellers added additional citizen input could be superfluous because a lot of the items to be discussed during the update "are a little more technical in nature rather than long-term planning in nature."
Barba began his presentation talking about yesterday’s opening of Marketplace Extension, from City Lights to Burleson Road. Barba said there’s still work to be done on the project including "street lights we need to get working," which I was awfully glad to hear because I drove the new road on my way home from this evening’s meeting and it’s dark on that boulevard at night. Real, real dark. It also appeared to me that at the point where the extension merges into the original road, the road striping offers an optical illusion that gave me the impression the road was about to curve to the left when, in fact, it wasn’t.
He also said "improvements" were planned at the roundabout where the extension meets Burleson. He wasn’t specific about what those improvements were, but later, during the public comments section, Dan Ekakiadis, who served on the Kyle City Council from 2005 to 2007, when Wilson took over that seat, complained the roundabout was not safe. He was particularly critical about its height.
Barba said the 13-month construction on the Goforth Road project began March 21. He said the closure on the road will be in place "for another two weeks. The weather and the utilities have delayed us but we are trying to get out of there as fast as we can."
He listed late October as the beginning of construction on the Goforth Road extension. "We think it will take about four months to build that." He said he wants to start construction on Bunton Creek in September and the estimated start date for Burleson is November. "We expect that (Burleson) project to last 18 months," he told the Council. Barba said the estimated start on construction of Lehman is next March "and we’re hoping to try to move that up. We expect that project to last about 15 months, but it could be less than that based on our final plans" that removed the need for a bridge as part of the project.
In other action this evening:
- Library Director Paul Phelan and Lehman High School Principal Michelle Chae announced a joint all-ages Summer Reading Program that will take place from noon to 4 p.m., Wednesdays through Saturdays during June and July.
- The council passed a resolution approving the canvass of the May 7 City Council and charter referendum elections and set June 11 as the date for the Council runoff between Hervol and business owner Travis Mitchell, whose first matchup ended in a tie vote. The council amended the original ordinance for the runoff to add an extra day of early voting on Saturday, June 4, between 10 a.m. and 2 p.m.
- Unanimously passed on first reading a pair of zoning requests, one which will pave the way for an inspection station to be located on Beebee Road at the far eastern edge of the city and another to allow for a "community commercial" development on the southwest corner of Porter and Cockerham streets. The unanimous votes removed the need for a second reading of the two proposed changes. Incidentally, the community commercial development is only a few blocks from the site of a proposed townhome development that raised such consternation from those living in a nearby subdivision that the Council killed it. Not a soul spoke at the public hearing attached to this plan, however.
- The Council voted 5-2 to amend the City’s "let’s screw potential homeowners" PID policy. According to Sellers, the changes to the ordinances would mean "The City Council would not be incentivizing residential development strictly through PIDs," which makes sense because PIDs are supposed to be financial mechanisms, not incentivizing tools. "A PID is for a larger commercialized development that may have a residential component but is not to be used to incentivize residential," Sellers said. "That was clear originally a year ago but through additional conversations we just needed to add that clarifying language." The second change, Sellers said, allows the City "to use up to 10 percent of any PID bond for PID related expenses that were outside the PID boundary"such as "wastewater improvements to the collection and the treatment system, water system improvements to get additional water capacity, drainage improvements, road improvements and other potential offsite PID impacts." Sellers said those amounts would be determined before the bonds are sold. Hervol and council member Daphne Tenorio voted against the amendments, not because they had anything against the amendments, per se, Tenorio told me, but because they were generally opposed to the "let’s screw potential homeowners" PID policy.
Monday, May 16, 2016
Hervol-Mitchell vote still tied after recount, Council to order runoff for June 11
According to a Facebook posting from Kyle business owner Travis Mitchell, one of the two Place 1 City Council candidates whose race ended in a tie, and subsequently confirmed by a City official, a recount of that May 7 conducted today reaffirmed that tie vote which means the Council will be forced to proceed with an item on its agenda tomorrow, namely calling for a runoff election to be held Saturday June 11.
"I have just received word that the recount has concluded with no change to the vote totals," Mitchell wrote on his Facebook page. "A tie is still in effect."
The result has also been verified by acting City Secretary Jennifer Vetrano. "The recount resulted in no change," Ms. Vetrano said in an email.
The May 7 vote ended with both Mitchell and Place 1 incumbent Diane Hervol receiving 510 votes, which means only 5.86 percent of the registered voters in Kyle even bothered to cast votes, either absentee, in early voting or on election day. Normally, Texas elections held during the summer months attract even fewer voters than those held in May. This past election will be the last council election primary held in May, however, since voters also approved a City Charter amendment on May 7 to move the elections to November.
"Thanks are in order to the volunteers who gave their time today and recounted the votes," Mitchell’s Facebook posting said. "And thanks to the Hays County Elections Office for being spot on in their May 7 report."
Hervol later confirmed the recount ended in a tie on a Facebook posting.
"I would like to thank the counters, the poll workers, observers, judges and county election staff for their patience through this process," she wrote.
Item 11 on tomorrow evening’s City Council agenda is "A Resolution of the City of Kyle, Texas, calling a Runoff Election on Saturday, June 11, 2016, for the purpose of electing Council Member at large, Position One; providing for early voting and for notice of the election; authorizing Mayor to execute agreement(s) to reserve polling locations on election day and on the conduct of the election; and providing for other matters relating to the election and setting an effective date."
Voters will be able to cast their ballots that Saturday at City Hall, Wallace Middle School or Chapa Middle School. Early voting will take place at City Hall on May 31, from 7 a.m. to 7 p.m.; June 1-3 from 8 a.m. to 5 p.m.; June 4 from 10 a.m. to 2 p.m.; June 6 from 7 a.m. to 7 p.m. and June 7 from 8 a.m. to 5 p.m. Applications will be accepted for mail-in ballots until 5 p.m., Thursday, June 2. Requests for applications should be mailed to Joyce Cowan, Hays County Elections Administrator, Hays County Elections Division, 712 South Stagecoach Trail #1045, San Marcos, TX 78666.
"I have just received word that the recount has concluded with no change to the vote totals," Mitchell wrote on his Facebook page. "A tie is still in effect."
The result has also been verified by acting City Secretary Jennifer Vetrano. "The recount resulted in no change," Ms. Vetrano said in an email.
The May 7 vote ended with both Mitchell and Place 1 incumbent Diane Hervol receiving 510 votes, which means only 5.86 percent of the registered voters in Kyle even bothered to cast votes, either absentee, in early voting or on election day. Normally, Texas elections held during the summer months attract even fewer voters than those held in May. This past election will be the last council election primary held in May, however, since voters also approved a City Charter amendment on May 7 to move the elections to November.
"Thanks are in order to the volunteers who gave their time today and recounted the votes," Mitchell’s Facebook posting said. "And thanks to the Hays County Elections Office for being spot on in their May 7 report."
Hervol later confirmed the recount ended in a tie on a Facebook posting.
"I would like to thank the counters, the poll workers, observers, judges and county election staff for their patience through this process," she wrote.
Item 11 on tomorrow evening’s City Council agenda is "A Resolution of the City of Kyle, Texas, calling a Runoff Election on Saturday, June 11, 2016, for the purpose of electing Council Member at large, Position One; providing for early voting and for notice of the election; authorizing Mayor to execute agreement(s) to reserve polling locations on election day and on the conduct of the election; and providing for other matters relating to the election and setting an effective date."
Voters will be able to cast their ballots that Saturday at City Hall, Wallace Middle School or Chapa Middle School. Early voting will take place at City Hall on May 31, from 7 a.m. to 7 p.m.; June 1-3 from 8 a.m. to 5 p.m.; June 4 from 10 a.m. to 2 p.m.; June 6 from 7 a.m. to 7 p.m. and June 7 from 8 a.m. to 5 p.m. Applications will be accepted for mail-in ballots until 5 p.m., Thursday, June 2. Requests for applications should be mailed to Joyce Cowan, Hays County Elections Administrator, Hays County Elections Division, 712 South Stagecoach Trail #1045, San Marcos, TX 78666.
Saturday, May 14, 2016
Hervol-Mitchell runoff tentatively set for June 11
If it’s necessary, the City Council Place 1 runoff election between incumbent Diane Hervol and business owner Travis Mitchell will take place Saturday, June 11. The runoff could be necessary because the first election last Saturday ended in a tie with each candidate receiving 510 votes.
I say "if it’s necessary," because I have learned a recount of the original votes cast will be conducted Monday. Although I have never personally seen a vote remain exactly the same after a recount, Hays County Elections Administrator Joyce Cowan has supposedly told others involved in the election that she has never seen a vote changed by a recount. And I am definitely going to defer to her knowledge of elections in Hays County.
So, if she’s right and the vote remains tied after Monday’s recount, the City Council has on its agenda Tuesday an item calling for a runoff election for the second Saturday in June, a date that virtually guarantees (because of vacation plans, school closings, etc.) a far smaller turnout than the paltry 6.04 percent of registered voters who bothered to take the trouble to vote in the first election.
Other than that, there’s nothing much on the council’s agenda, which you can read for yourself by clicking here, to get all in a huff about or even half in a huff about, although it will be interesting to get the latest update from City Engineer Leon Barba on the five road bond projects. I’m expecting him to announce the imminent opening of the Marketplace extension between City Lights and Burleson Road, but the supplementary materials made available to the public prior to the meeting offer no hint as to what Barba will say.
There’s also a resolution to amend the City’s PID policy I’m still trying to wrap my head around, but I think it means more weight is going to be given to providing financial incentives to commercial developments and less to residential ones, which is a good thing. But why that is wrapped around a PID policy escapes me since a PID is a financing tool, not an incentivizing one. Hopefully, we’ll get some clarification on these changes at Tuesday’s meeting.
I say "if it’s necessary," because I have learned a recount of the original votes cast will be conducted Monday. Although I have never personally seen a vote remain exactly the same after a recount, Hays County Elections Administrator Joyce Cowan has supposedly told others involved in the election that she has never seen a vote changed by a recount. And I am definitely going to defer to her knowledge of elections in Hays County.
So, if she’s right and the vote remains tied after Monday’s recount, the City Council has on its agenda Tuesday an item calling for a runoff election for the second Saturday in June, a date that virtually guarantees (because of vacation plans, school closings, etc.) a far smaller turnout than the paltry 6.04 percent of registered voters who bothered to take the trouble to vote in the first election.
Other than that, there’s nothing much on the council’s agenda, which you can read for yourself by clicking here, to get all in a huff about or even half in a huff about, although it will be interesting to get the latest update from City Engineer Leon Barba on the five road bond projects. I’m expecting him to announce the imminent opening of the Marketplace extension between City Lights and Burleson Road, but the supplementary materials made available to the public prior to the meeting offer no hint as to what Barba will say.
There’s also a resolution to amend the City’s PID policy I’m still trying to wrap my head around, but I think it means more weight is going to be given to providing financial incentives to commercial developments and less to residential ones, which is a good thing. But why that is wrapped around a PID policy escapes me since a PID is a financing tool, not an incentivizing one. Hopefully, we’ll get some clarification on these changes at Tuesday’s meeting.
Lane closings on FM 2770 to begin tomorrow
According to an alert received today from the kind folks in Mountain City, one lane of FM 2770 will be closed overnight for five days for repaving between FM 150 and FM 1626 beginning at 8 p.m. tomorrow. The one lane closure will be from 8 p.m. to 5 a.m. each night, ending at 5 a.m. Friday, thus it should not interfere too much with commuter travel to and from Mountain City, business traffic to the Hays County Tax Office or school traffic to Hays High School or Barton Middle School. I wish I could tell you which lane will be closed each evening, but I don’t have that information and, in the overall scheme of things, it really doesn’t matter — one lane is one lane, regardless of which one it is.
Friday, May 13, 2016
Sales tax revenues fall back below forecasts
After a wonderful sales tax report last month, May’s receipts, although more than $200,000 above April’s, plunged the City’s budget back into the red because those receipts were about 3 percent less than what was forecast, according to the numbers the City released today. The city went from $3,000 on the plus side this time last month to a $19,018.87 deficit, which, to be honest, is not a terribly difficult number to overcome.
Overall, sales tax receipts are a whopping 58.52 percent higher than they were this time last year which, again, indicates to me that the City’s financial prognosticators were a tad overly optimistic with their projections for this fiscal year.
The sales tax receipts for May were $661,516, compared to $444,310,03 last month. The problem is the City forecast this month’s receipts would be $684,008 and set this fiscal year’s budget accordingly. Here’s where I think the problem may stem from.. Last year, May’s receipts were 41.3 percent above those from the month before. This year’s budget predicted exactly that same growth, 41.3 percent, from the month before, but instead the receipts were only 31.3 percent higher.
Another interesting thing to note. During the first eight months of the last fiscal year, sales tax receipts exceeded forecasts every single month. This fiscal year, receipts have exceeded forecasts only four times during the same eight-month period even though the total amounts are higher.
And this may be an indicator not so much that the forecasts were way out of whack as it is that the economy is truly heading into a recession that, if you study economic cycles, is about due.
Overall, sales tax receipts are a whopping 58.52 percent higher than they were this time last year which, again, indicates to me that the City’s financial prognosticators were a tad overly optimistic with their projections for this fiscal year.
The sales tax receipts for May were $661,516, compared to $444,310,03 last month. The problem is the City forecast this month’s receipts would be $684,008 and set this fiscal year’s budget accordingly. Here’s where I think the problem may stem from.. Last year, May’s receipts were 41.3 percent above those from the month before. This year’s budget predicted exactly that same growth, 41.3 percent, from the month before, but instead the receipts were only 31.3 percent higher.
Another interesting thing to note. During the first eight months of the last fiscal year, sales tax receipts exceeded forecasts every single month. This fiscal year, receipts have exceeded forecasts only four times during the same eight-month period even though the total amounts are higher.
And this may be an indicator not so much that the forecasts were way out of whack as it is that the economy is truly heading into a recession that, if you study economic cycles, is about due.
Thursday, May 12, 2016
Where is Jack McCoy when we need him
One particular sentence from a request for a proposal issued by the City in its attempt to find prosecuting attorneys for the Municipal Court knocked me back — way, way back. "The City of Kyle Municipal Court administers approximately 6,000 cases annually." Did anyone else outside city government have any clue the number was that high?
Later in the RFP I discovered "approximately 42 percent will result in arrest warrants to be issued." I’m guessing that means 2,520 of the 6,000 cases actually come before the Municipal Court for prosecution. But I also learned Municipal Court is only in session one day a week, on Wednesdays, from 9 a.m. to 4 p.m. "except on holidays observed by the City of Kyle." So let’s say there is an average of four of those Wednesday holidays every year. That means some 52 cases come before the court each Wednesday or slightly more than seven per hour. And as the city grows, that number is only going to go up.
But there’s also this little nugget. The bid request said the attorney(s) who win the bid will only have to "be available before the Municipal Court on every 1st and 3rd Wednesday," which, (1) to me, doubles that weekly workload, and (2) leaves me to wonder what happens in Municipal Court on the second and fourth Wednesdays.
Admittedly, these figures might be slightly overstated, that perhaps far less than the 42 percent represents the actual cases that come before the court, But, still.
The obvious thing for me to do here is to hang out at the Municipal Court some Wednesday but, at present, Wednesdays are reserved as the day I spend with my granddaughter and nothing — absolutely nothing — takes precedence over that.
The Municipal Court only hears cases involving Class C misdemeanors (Texas is one of only seven states in the country that has a Class C misdemeanor criminal classification). Examples of such nefarious crimes are most traffic tickets, disorderly conduct, public intoxication, "hot" checks of less than $20, simple assault, criminal trespassing, gambling, bail jumping, leaving a child in a vehicle (which, if I were emperor of the world, would be a capital offense), petty theft such as shoplifting under $50, possession of an alcoholic beverage in a motor vehicle, a minor driving under the influence of alcohol, a minor in possession of tobacco, possession of drug paraphernalia. Code violations also come to municipal court. The maximum penalty imposed for Class C misdemeanors is a fine of not more than $500, and there is no jail time imposed.
The city is looking for individual attorneys or law firms to submit bids that must be received no later than 2 p.m. Monday, May 23. It is expected the City Council will name someone or a group of someones to handle this chore at its second meeting next month, Tuesday, June 21.
Later in the RFP I discovered "approximately 42 percent will result in arrest warrants to be issued." I’m guessing that means 2,520 of the 6,000 cases actually come before the Municipal Court for prosecution. But I also learned Municipal Court is only in session one day a week, on Wednesdays, from 9 a.m. to 4 p.m. "except on holidays observed by the City of Kyle." So let’s say there is an average of four of those Wednesday holidays every year. That means some 52 cases come before the court each Wednesday or slightly more than seven per hour. And as the city grows, that number is only going to go up.
But there’s also this little nugget. The bid request said the attorney(s) who win the bid will only have to "be available before the Municipal Court on every 1st and 3rd Wednesday," which, (1) to me, doubles that weekly workload, and (2) leaves me to wonder what happens in Municipal Court on the second and fourth Wednesdays.
Admittedly, these figures might be slightly overstated, that perhaps far less than the 42 percent represents the actual cases that come before the court, But, still.
The obvious thing for me to do here is to hang out at the Municipal Court some Wednesday but, at present, Wednesdays are reserved as the day I spend with my granddaughter and nothing — absolutely nothing — takes precedence over that.
The Municipal Court only hears cases involving Class C misdemeanors (Texas is one of only seven states in the country that has a Class C misdemeanor criminal classification). Examples of such nefarious crimes are most traffic tickets, disorderly conduct, public intoxication, "hot" checks of less than $20, simple assault, criminal trespassing, gambling, bail jumping, leaving a child in a vehicle (which, if I were emperor of the world, would be a capital offense), petty theft such as shoplifting under $50, possession of an alcoholic beverage in a motor vehicle, a minor driving under the influence of alcohol, a minor in possession of tobacco, possession of drug paraphernalia. Code violations also come to municipal court. The maximum penalty imposed for Class C misdemeanors is a fine of not more than $500, and there is no jail time imposed.
The city is looking for individual attorneys or law firms to submit bids that must be received no later than 2 p.m. Monday, May 23. It is expected the City Council will name someone or a group of someones to handle this chore at its second meeting next month, Tuesday, June 21.
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