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Celina residents will vote on alcohol sales for a second time
By Penny Rathbun, prathbun@acnpapers.com
Celina voters will decide in November whether or not to allow alcohol to be sold in stores and mixed drinks to be sold in restaurants.
If this seems like deja vu, there is a reason for that. Celina voters approved beer and wine sales in stores and mixed drinks being sold in restaurants in May 2004.
The results of the local option election six years ago only applies to property within the city limits at that time. According to state law any businesses located on property annexed into the city limits after the 2004 local election may not sell any alcohol until another local option election is held.
Citizens have the right to petition the city council to hold another local option election.
A group of Celina citizens have submitted a petition to the city council calling for another local option election in November. The council accepted that petition to hold an election on Nov. 2 at Monday's regular meeting.
Petitioners and city officials were operating under the assumption that the results of the November election would apply to all property annexed into the city since May, 2004.
According to a recent opinion issued by Texas Secretary of State Hope Andrade, the results of a November election would only apply to property annexed up to the date the city secretary received the application to submit a petition. That date was in May. Property annexed between May and November would not be affected by the election results.
While a Secretary of State opinion does not have the same weight as an actual law, Celina city officials are not prone to ignore opinions from the Secretary of State.
This places voters who own property annexed into the city between May and November of this year in the odd position of voting in an election that will have no effect on their property. Those who fall into that category who want the right to sell beer and wine would not be affected by the November local option election. To obtain that right they would have to wait a few years for the city to hold another local option election.
City Manager Jason Gray and the city council see this question as a property rights issue and plan to ask the Secretary of State to consider this question again. They may also take the question to the Texas legislature.
The council also approved a proposed 2010 Ad Valorem tax rate of 64.5 cents, the same as last year. Public hearing dates to hear comments from the public are Aug. 23 and 6 p.m. and Sept. 6 at 6 p.m.
Ordinances governing city park usage, things being sold in the parks, and fee schedules were also approved by council. Park staff members now require more than 24 hours notice to reserve any of the park facilities.
Scott, Singleton, Fincher & Company based in Greenville, Texas was approved to perform auditing services for the city.
Celina resident Peter Kimbark presented a petition to the council outlining the advantages of a winter averaging method of calculating the sewer rate as opposed to the city's fixed cap method.
City Manager Jason Gray said the city has operated the water and sewer systems in the red for a few years. Sewer rates had to be changed to cover the costs of operation.
He said he has asked the rate analyst to look at the winter averaging method to see if it was a better way to determine sewer costs.
“The city needs water for growth,” Mayor Jim Lewis said. “TCEQ governs our sewer system. We decided three years ago to go to a regional sewer system. We had unbelievable meeting on this. We hagted doing this.”
Council member Wayne Nabors also said that everyone on the council is also paying the same increased rates other citizens are.
The council held public hearings on the submission of applicatins to the Texas Department of Rural Affairs for Texas Communityn Development Block Grant funds and on the annexation of four properties. Three of the properties are located in Denton County and one in Collin County.
The approved consent agenda included public hearing dates for the annexation of four pieces of property in Collin County, a resolution authorizing continued participation with the Atmos Cities Steering Committee and the sale of surplus city property by auction.
The council also heard reports from city department heads.
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