ATX PULSE 8/28/24: Lawsuit Seeks to Stop Austin's Collection of Project Connect Taxes // Judge to Demand Life w/o Parole for Meza // APD Seeking Suspects in Downtown Assault // Katz's to Return?

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WEDNESDAY, AUGUST 28, 2024

Compiled by Matt Mackowiak

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TODAY’S WEATHER

H: 92° / L: 73°. Rain on the way. Latest forecast from Fox 7 Austin’s Leslie London here.

TOP NEWS

“‘Outdated, yesterday idea’: Lawsuit seeks to stop Austin from collecting property taxes for Project Connect,” KVUE’s Jessica Cha — “Project Connect, the voter-approved, taxpayer-funded effort to revamp public transit across the city, faces opposition again.

The group that previously sued over proposed routes for the project has filed another lawsuit to stop the city from collecting millions of dollars in property taxes for Project Connect.

Plaintiffs gathered together at Dirty Martin’s Tuesday afternoon to say what the plan has evolved into is not what they voted for back in 2020.

Bill Aleshire, leading counsel, says the new class-action lawsuit is based on a “relatively new and untested provision” in Texas Tax Code 16.05. He says it strengthens taxpayer protections and can stop the city from collecting its property tax if the tax rate is miscalculated.

The lawsuit claims the city is illegally collecting property tax that renews every year for Project Connect because voters are not getting what they agreed to.

“They’re pursuing what I call a ‘miniature’ Project Connect that’s not city wide,” Aleshire said.

He says what started as a $7 billion plan that included 30 miles of rail, a route to the airport and downtown, now has a more than an $11 billion price tag and half the routes.

Now, he says the 2024 tax rate Austin City Council approved on Aug. 14 is miscalculated and must be removed. The lawsuit also alleges that some of the property tax money that’s already been collected will not be spent this year anyway.

“Not including this year’s $187 million, Austin’s Project Connect tax levy has been for over $630 million. But there is $476 million on hand, unspent, uncommitted,” Aleshire said. “There’s no way they will spend this year’s Project Connect levy on Project Connect this year. They’re just stockpiling taxes that working families ought to be able to keep.”

Cathy Cocco, the lead plaintiff in the lawsuit, says she was shocked to see how different the project has become.

Cocco, who voted for Project Connect in 2020, says she has always been supportive of light rail and has used it her whole life. She says Austin was a city with a lot of potential for that kind of growth and said the plan presented in 2020 would be good for the community.

She says she now considers Project Connect a “bait and switch scheme”.

For less than 10 miles of rail, more money, and longer times to wait for construction, she says it doesn't serve the city, or solve its traffic problems.

“The light rail and Project Connect solution is an unaffordable, outdated, yesterday idea not suited for the 21st Century city that needs to be efficient, agile, affordable, and more equitable for all Austin residents,” Cocco said. “As a result, I support this lawsuit against the Austin City Council."“ KVUE

“Judge says she won’t accept any plea deal less than life without parole for accused serial killer Raul Meza, Jr.,” KVUE’s Melia Masumoto — “The fate of accused serial killer Raul Meza Jr. is still up in the air after his attorneys presented a plea deal Tuesday morning that was denied by a Travis County judge.

Raul Meza Jr. is accused of killing Gloria Lofton in 2019 and Jesse Fraga in 2023. He was previously convicted of killing 8-year-old Kendra Page in the 1980s. He served 11 years of his sentence for that crime before he was released.

Police say he could be linked to up to 10 cold cases, going back 25 years.

At a hearing on Tuesday, Meza's attorneys presented a plea deal, asking for life in prison for one murder, plus 20 years for the other. But Judge Julie Kocurek said she won't accept anything less than life in prison without the possibility of parole.

Under the defense's proposed plea deal, Meza would have been eligible for parole after 40 years, once he had served 30 years for the first murder charge and another 10 for the other. His lawyers said that would have made him more than 100 years old before he could even have a shot at being released from prison.

Meza's attorneys say he wants a deal because he doesn't want to have to go to trial.

"Mr. Meza is ready for this ordeal to be over – not just for himself, but for the whole community. He's not terribly interested in having a trial where a bunch of stuff comes out that nobody really wants to hear," Russ Hunt Jr., one of Meza's lawyers, said Tuesday. "And so, Mr. Meza is ready to get it over with."

Meza's attorneys said the rejection of the plea deal seemed to come as a surprise to Meza. 

"It appeared to me that his natural reaction was to stare at the prosecutors. Like, 'We thought this was a done deal. Why have you screwed the deal?'" Hunt said.” KVUE

“Power restored to 2,501 Austin Energy customers in North Austin after sudden outage,” CBS Austin’s Stephanie Becerra — “Power was restored to over 2, 500 Austin Energy customers after a sudden outage Tuesday afternoon in North Austin.

According to Austin Energy's outage map, about 2,520 customers were affected by power outages.

A power outage reported at around 5:30 p.m. was affecting 2,501 customers in the Crestview area but was restored by 6:30 p.m.

The cause of the outage is under investigation.” CBS Austin

THE BLOTTER

“Downtown Austin shooting: Police looking for several persons of interest,” via Fox 7 Austin — “The Austin Police Department is asking for help looking for several people in connection to an aggravated assault in downtown Austin.

Police said on August 4, around 2:24 a.m., officers heard and responded to the sound of gunfire near the intersection of East 7th and Trinity Street.

When officers arrived, they found a man with a gunshot wound. He was taken to a local hospital where he is still being treated.

Detectives said there was a large disturbance between multiple people before the shooting. The disturbance is believed to be related to the shooting, police said.

Investigators found images of several persons of interest involved in the disturbance and are asking for help identifying them.

Police said there may also be videos of the fight and the shooting that could lead to the identification of the persons of interest.

Anyone with any information is asked to contact APD's Aggravated Assault Unit at 512-974-5245. You may submit your tip anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or by calling 512-472-8477. A reward up to $1,000 may be available for any information that leads to an arrest.” Fox 7 Austin

~ “Austin police searching for attempted sexual assault suspect,” via Fox 7 Austin – “The Austin Police Department is asking for the public's help identifying a suspect in an attempted sexual assault.

Austin police said on Sunday, July 21, around 5 p.m., the suspect approached a victim walking on the Ann and Roy Butler trail parallel to the 1700 block of South Lakeshore Blvd. The suspect asked the victim what time it was, and the victim showed him the time on their phone. Then, the suspect grabbed the victim, threw them to the ground, and attempted to sexually assault them.

The suspect is described as a Hispanic man, around 6'0, with a dark complexion, a heavy build, brown eyes and black hair.

Anyone with any information should contact APD's Sex Crimes Unit at 512-974-5095. You may submit your tip anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or calling 512-472-8477. A reward of up to $1,000 may be available for any information that leads to an arrest.” Fox 7 Austin

~ “Williamson County deputies investigating suspected overdose death in Round Rock,” CBS Austin’s Stephanie Becerra – “Williamson County deputies are investigating a suspected overdose death in Round Rock on Tuesday.

On Monday, August 26, the Williamson County Organized Crime Unit responded to a suspected overdose death in the 2000 block of Aster Way.

Upon arrival, authorities confirmed the death of a 34-year-old man at the scene.

During the search of the home, detectives found and seized suspected fentanyl, ketamine, marijuana, and THC.

This is an ongoing investigation.” CBS Austin

LOCAL GOVERNMENT

~ “Travis County employee files complaint he was demoted after taking medical leave,” KXAN’s Grace Reader – “A Travis County employee filed a complaint with the Equal Employment Opportunity Commission (EEOC) last month claiming he was demoted — and threatened with termination — after taking medical leave to treat stage 4 cancer.

Joseph Lee Perry’s complaint says he worked in the county’s Purchasing Department for almost 20 years and hasn’t had documented performance issues in all that time.

The complaint says in February 2021, Perry was diagnosed with stage 4 colon cancer. In February 2024, he applied for and received short-term disability leave, which he began taking in March.

When he returned, a couple weeks later, the complaint says Perry’s boss informed Perry he would need to “have a one-on-one meeting…Less than two weeks later, once he returned from vacation, [name redacted by KXAN] called me into the one-on-one meeting and used the opportunity to inform me that I was being offered a demotion,” the complaint says.

“By law, the FMLA [Family and Medical Leave Act] requires that if an employee takes leave that that employee be allowed to return to the position that they left,” Perry’s attorney, Tanner Scheef with Kaplan Law Firm, said. “They have to have a reasonable time to come back to work, show that they can still do their job, and that’s why we had concerns.”

Perry claims the demotion included a lower pay scale, and that he was replaced with someone he had actually hired years prior. In addition, Perry said his boss threatened to fire him if he didn’t take the demotion the very next day.

“Being demoted for taking care of my health is humiliating, and has caused additional suffering for a family who is already grappling with the fact they may lose their father and husband. I fight, not only for me, but for the next person. No one should have to fear retaliation for taking protected medical leave,” Perry told KXAN.” KXAN

BUSINESS NEWS

~ “Frontier Airlines to launch Austin-Atlanta nonstop in October,” KXAN’s Christopher Adams – “Frontier Airlines will launch nonstop service between Austin and Atlanta beginning in October, the airline announced Tuesday.

Flights between Austin-Bergstrom International Airport and Hartsfield-Jackson Atlanta International Airport will begin Oct. 11. The year-round service will operate three times a week, with introductory fares as low as $29.

Flights will depart Austin at 1:44 p.m. on Sundays, 5:47 p.m. on Mondays and 4:23 p.m. on Fridays. The route will be operated by Airbus A320 aircraft, with 180 to 186 seats.” KXAN

~ “Katz’s deli, a staple of Old Austin, may return,” Austin Business Journal’s Cody Baird – “One of Nate Paul’s downtown Austin properties appears to be changing hands, and it could result in a well-known Austin restaurant coming back to its old home.

Owners of Katz’s deli purchased at a bankruptcy auction on Aug. 23 the site of the Rio nightclub on West Sixth Street, said Jay Brasher, a spokesperson for Barry and Lisa Katz. They own Katz's deli locations in Houston. They didn't run the popular Austin restaurant — Barry's father, Marc Katz, was famous for that — and there's no word on whether Marc will have a hand in the Austin restaurant. The former father-son duo had a falling out when Katz's closed in Austin and the brand was exported to Houston by the son.

Marc Katz was famous for driving around Austin in a huge yellow Cadillac, constantly yelling in person or on television commercials that "Katz's never kloses." He ran unsuccessfully for public office a couple of times and moved to New York after the 24-hour deli he created closed in 2011 after 32 years in business.

Members of the Katz family, Paul and a trustee attached to the property couldn't be reached for comment, but Brasher said in an email that Katz’s intends to lease out the second and third floors of the property. More information about plans for the property will be unveiled once the acquisition officially closes — perhaps by the end of August, Brasher said.” ABJ ($)

~ “Texas State University plans to build hotel on San Marcos campus,” Community Impact Austin’s Amira Van Leeuwen– “Texas State University officials announced their plans to build a five-star hotel near campus in downtown San Marcos during The State of Texas State 2024 event on Aug. 23.

The university is working with a private Houston-based developer—Midway—who could potentially break ground on the project in early 2025, said Eric Algoe, executive vice president for operations and chief financial officer.

The project is still pending The Texas State University System Board of Regents approval, according to an email from Jayme Blaschke, senior media relations manager.

The hotel will be built directly across the street from the small Target located on the ground level of Aspire San Marcos, which is located at 101 Concho St., Ste. 200. There is an older home—the Richard A. Castro Undergraduate Admissions Center—that resides on the 3.88-acre property, which will be removed, Algoe told Community Impact.

He also said they are looking to provide an “elevated, first-class” dining experience in the hotel with a high-end restaurant, rooftop bar and lounge. The hotel will also have a ground-level coffee bar and event lawn.

“The design’s not finalized, but right now we’re looking at three or four stories,” Algoe told Community Impact.” Community Impact

SPORTS

~ TEXAS FOOTBALL: “Texas 2024 football schedule: Game-by-game predictions,” Austin American-Statesman’s Thomas Jones — “With one of the most anticipated Texas football seasons in school history finally set to kick off, let’s take a look at the 2024 schedule. Will the Longhorns make a run at the SEC title in their first season in the conference? And will the regular-season results be enough to earn one of the 12 spots in the expanded College Football Playoff?

Longhorns football game-by-game predictions

Aug. 31: Texas vs. Colorado State

The season kicks off against a traditionally scrappy foe from the Mountain West Conference, but any problems against a Rams team that went 5-7 a year ago would raise immediate concerns ahead of a first-ever trip to Michigan’s Big House.

Final score: Texas 48, Colorado State 16

Sept. 7: Texas at Michigan

Yes, the Wolverines lost plenty of offensive firepower as well as head coach Jim Harbaugh from last year’s national championship team, but they still boast one of the nation’s elite defenses.

Final score: Texas 28, Michigan 20” AAS

» Read the rest of the picks here.

AUSTIN CULTURE

~ NIGHTLIFE: Ego’s not closing yet. Austin Eater

~ DINING: 17 of Austin’s best seafood restaurants. Austin Eater

~ FINE DINING: Fletcher’s Corny Dogs coming to DKR Stadium (gate 25) this fall. Austin Eater

WHAT TO DO TONIGHT

~ FILM: The Big Lebowski. Paramount Theater (downtown). Doors 6:30pm, film 7:30pm. Tix $12 here.

COOL JOB ALERT

~ Executive Director of Communications: Dell Medical School (UT-Austin). Salary range: Open. Info / apply here.