City Council Special Meeting December 14, 2017
A G E N D A CITY COUNCIL SPECIAL MEETING THURSDAY, DECEMBER 14, 2017, AT 3:30 P.M. CST COUNCIL CHAMBERS, CITY HALL BUILDING, 100 SOUTH MONROE STREET, EAGLE PASS, MAVERICK COUNTY, TEXAS ESTABLISHMENT OF QUORUM MOMENT OF REVERENCE CITIZENS COMMUNICATIONS AND RECOGNITIONS OTHER BUSINESS 1. Third and final reading of an Ordinance providing for the extension of certain boundary limits of the City of Eagle Pass, Texas, and the annexation of certain territory lying adjacent to and adjoining the present boundary limits of said city consisting of a tract consisting of a total of 21.26 acres located in the I.G.N.R.R. CO., Survey, 1 Abstract 426 and being part of a 2339.7639 acres tract described in WECO & Associates, LTD recorded in Volume 429, pages 98-et seq. Maverick County, Texas and the existing; authorizing implementation of the service plan for said territory; assigning thereto permanent zoning district classification, all as described herein; and providing for an effective date. 2. Third and final reading of an Ordinance providing for the extension of certain boundary limits of the City of Eagle Pass, Texas, and the annexation of certain territory lying adjacent to and adjoining the present boundary limits of said city consisting of a tract consisting of a total of 11.92 acres located in the Fox & Byrne, Survey 6, Abstract 1110 Maverick County and being a portion of a 2339.7639 acres tract described in conveyance documented to WECO & Associates, LTD recorded in volume 429, pages 98 et seq. of the Maverick County, Texas official public records, Maverick County, Texas and the existing; authorizing implementation of the service plan for said territory; assigning thereto permanent zoning district classification, all as described herein; and providing for an effective date. 3. Third and final reading of an Ordinance amending Section 5-32, Article III, Chapter 5 (Alcoholic Beverages)of the Code of Ordinances of the City of Eagle Pass, Texas, to include Abstract A0836, Tremino, Jaun, Survey #41 acres.89 ( 2595 North veterans Blvd.) within the areas in which the sale of alcoholic beverages for consumption on the premises is permitted; finding that the meeting at which this ordinance is passed is open
to the public as required by law; providing a severability clause; and establishing an effective date. 4. Third and final reading of an Ordinance amending Section 9, B-2 (Central Business District) of Appendix A (Zoning Ordinance) of the Code of Ordinances of the City of Eagle Pass, Texas to prohibit establishment of flea market operations in the central business district; finding that the meeting at which this ordinance is passed is open to the public as required by law; providing a severability clause; and establishing an effective date. WORKSHOP 5. Presentation and deliberation on proposed P3 s by Damian Guevara, Chief Operating Officer of Avery Resource Consulting, LLC and David Lee Flores, Attorney; possible action related to same. ADJOURNMENT The City Council reserves the right to consider business out of the posted order and the right to adjourn into Executive Session to discuss items which are not listed as Executive Session items but which qualify to be discussed in closed session as permitted by the Texas Open Meetings Act, under Chapter 551 of the Texas Government Code. Entrance and parking spaces for disabled persons are available in front of City Hall. C E R T I F I C A T I O N I, the undersigned Assistant, do hereby certify that the agenda mentioned above was posted on the Bulletin Board located in the Lobby at City Hall, 100 South Monroe Street, Eagle Pass, Texas, on Monday, December 11, 2017, at 2:15 p.m. Erika Resma Assistant
Item #1
ORDINANCE NO. 2017- AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF EAGLE PASS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY LYING ADJACENT TO AND ADJOINING THE PRESENT BOUNDARY LIMITS OF SAID CITY CONSISTING OF A TRACT CONSISTING OF A TOTAL OF 21.26 ACRES LOCATED IN THE I.G.N.R.R. CO., SURVEY, 1 ABSTRACT 426 AND BEING PART OF A 2339.7639 ACRES TRACT DESCRIBED IN WECO & ASSOCIATES, LTD RECORDED IN VOLUME 429, PAGES 98-ET SEQ. MAVERICK COUNTY, TEXAS AND THE EXISTING; AUTHORIZING IMPLEMENTATION OF THE SERVICE PLAN FOR SAID TERRITORY; ASSIGNING THERETO PERMANENT ZONING DISTRICT CLASSIFICATION, ALL AS DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City desires to annex the acreage described on attached Exhibit "A" to the City of Eagle Pass, Texas; and WHEREAS, the City Council deems it in the best interests of the City to effect such extension of the boundaries of the City by annexation of the territory herein described; and WHEREAS, on the 7th day of November, 2017 at 5:30 p.m., a public hearing was held in the Council Chambers at City Hall, 100 South Monroe Street, giving all persons the right to appear and to be heard regarding the above-described annexation; and WHEREAS, on the 14 th day of November, 2017 at 5:30 p.m., a second public hearing was held in the Council Chambers at City Hall, 100 South Monroe Street, giving all persons the right to appear and to be heard regarding the above-described annexation; and WHEREAS, notice of both of the above-referenced public hearings was published on October 25, 2017 in the San Antonio Express News, a newspaper having general circulation in the City of Eagle Pass, Maverick County, Texas, and also in the Eagle Pass New Gram, and within the territory to be annexed, and said publication date was not more than twenty (20) days, nor less than ten (10) days prior to the date of either one of the above-described public hearings; and WHEREAS, the population of the City of Eagle Pass, Texas, is in excess of twenty thousand (26,464) inhabitants and the within described territory lies adjacent to and adjoins the City of Eagle Pass, Texas, and contains approximately 21.26 acres of land, more or less.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAGLE PASS, TEXAS, that: SECTION 1. The matters and facts stated in the preamble hereof are affirmatively found to be true and correct. SECTION 2. The above-described land and territory lying adjacent to and adjoining the City of Eagle Pass, Maverick County, Texas, and being more particularly defined by metes and bounds on attached Exhibit "A", be and it is hereby annexed and incorporated into the limits of the territory of the City of Eagle Pass, Texas; and the present boundary limits of said City, at the various points contiguous to said area, shall be altered and amended so as to include said area within the corporate limits of the City of Eagle Pass, Texas. SECTION 3. The territory described on attached Exhibit "A", shall be part of the City of Eagle Pass, Texas, and the property so added hereby shall bear its prorata part of the taxes levied by the City of Eagle Pass, Texas, and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens of said City and shall be bound by the acts, ordinances and resolutions of said City. SECTION 4. The implementation of the Service Plan outlining the provisions of necessary municipal services to this tract of land is hereby authorized. A copy of said Service Plan is annexed hereto as Attachment I, and is incorporated herein by reference for all purposes. SECTION 5. A Zoning District Classification of I (Industrial District) is hereby assigned to the above-described 21.26-acre tract of land. The Zoning Ordinance and the "Zoning District Map -- Eagle Pass, Texas" therein referred to, are hereby amended to reflect these changes, and said Zoning Ordinance and said Zoning District Map shall not otherwise be affected by this Ordinance except to the extent and in the particulars hereinabove specifically provided for. SECTION 6. The of this City is hereby authorized and instructed to file, or cause to be filed forthwith, following the adoption of this Ordinance, a copy hereof, with the County Clerk of Maverick County, Texas. SECTION 7. Severability. If any phrase, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional or unlawful by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the phrases, clauses, sentences, paragraphs, and sections would have been enacted by the city council without the
incorporation in this Ordinance of any such unconstitutional or unlawful phase, clause, sentence, paragraph, or section. SECTION 8. This Ordinance shall be in full force and effect from and after its final passage in accordance with the City Charter of the City of Eagle Pass. READ, PASSED, AND APPROVED ON FIRST READING, on this 5 th Day of December, A.D., 2017. Imelda B. Rodriguez AYES: NAYS: ABSTAINED: ABSENT: English-Cantu, Ramon, Hernandez, Villalpando, Sifuentes None None None READ, PASSED, AND APPROVED ON SECOND READING, this 12 th Day of December, A.D., 2017. Imelda B. Rodriguez AYES: NAYS: ABSTAINED: ABSENT: READ, PASSED, AND APPROVED ON THIRD AND FINAL READING this 14 th Day of December, A.D., 2017.
Imelda B. Rodriguez AYES: NAYS: ABSTAINED: ABSENT: APPROVED AS TO FORM AND LEGALITY: Langley & Banack, Inc. City Attorney
Item #2
ORDINANCE NO. 2017- AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF EAGLE PASS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY LYING ADJACENT TO AND ADJOINING THE PRESENT BOUNDARY LIMITS OF SAID CITY CONSISTING OF A TRACT CONSISTING OF A TOTAL OF 11.92 ACRES LOCATED IN THE FOX & BYRNE, SURVEY 6, ABSTRACT 1110 MAVERICK COUNTY AND BEING A PORTION OF A 2339.7639 ACRES TRACT DESCRIBED IN CONVEYANCE DOCUMENTED TO WECO & ASSOCIATES, LTD RECORDED IN VOLUME 429, PAGES 98 ET SEQ. OF THE MAVERICK COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, MAVERICK COUNTY, TEXAS AND THE EXISTING; AUTHORIZING IMPLEMENTATION OF THE SERVICE PLAN FOR SAID TERRITORY; ASSIGNING THERETO PERMANENT ZONING DISTRICT CLASSIFICATION, ALL AS DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City desires to annex the acreage described on attached Exhibit "A" to the City of Eagle Pass, Texas; and WHEREAS, the City Council deems it in the best interests of the City to effect such extension of the boundaries of the City by annexation of the territory herein described; and WHEREAS, on the 7th day of November, 2017 at 5:30 p.m., a public hearing was held in the Council Chambers at City Hall, 100 South Monroe Street, giving all persons the right to appear and to be heard regarding the above-described annexation; and WHEREAS, on the 14 th day of November, 2017 at 5:30 p.m., a second public hearing was held in the Council Chambers at City Hall, 100 South Monroe Street, giving all persons the right to appear and to be heard regarding the above-described annexation; and WHEREAS, notice of both of the above-referenced public hearings was published on October 25, 2017 in the San Antonio Express News, a newspaper having general circulation in the City of Eagle Pass, Maverick County, Texas, and also in the Eagle Pass New Gram, and within the territory to be annexed, and said publication date was not more than twenty (20) days, nor less than ten (10) days prior to the date of either one of the above-described public hearings; and WHEREAS, the population of the City of Eagle Pass, Texas, is in excess of twenty thousand (26,464) inhabitants and the within described territory lies adjacent to and adjoins
the City of Eagle Pass, Texas, and contains approximately 11.92 acres of land, more or less. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAGLE PASS, TEXAS, that: SECTION 1. The matters and facts stated in the preamble hereof are affirmatively found to be true and correct. SECTION 2. The above-described land and territory lying adjacent to and adjoining the City of Eagle Pass, Maverick County, Texas, and being more particularly defined by metes and bounds on attached Exhibit "A", be and it is hereby annexed and incorporated into the limits of the territory of the City of Eagle Pass, Texas; and the present boundary limits of said City, at the various points contiguous to said area, shall be altered and amended so as to include said area within the corporate limits of the City of Eagle Pass, Texas. SECTION 3. The territory described on attached Exhibit "A", shall be part of the City of Eagle Pass, Texas, and the property so added hereby shall bear its prorata part of the taxes levied by the City of Eagle Pass, Texas, and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens of said City and shall be bound by the acts, ordinances and resolutions of said City. SECTION 4. The implementation of the Service Plan outlining the provisions of necessary municipal services to this tract of land is hereby authorized. A copy of said Service Plan is annexed hereto as Attachment I, and is incorporated herein by reference for all purposes. SECTION 5. A Zoning District Classification of R-2 (Second One-Family District) is hereby assigned to the above-described 11.92-acre tract of land. The Zoning Ordinance and the "Zoning District Map -- Eagle Pass, Texas" therein referred to, are hereby amended to reflect these changes, and said Zoning Ordinance and said Zoning District Map shall not otherwise be affected by this Ordinance except to the extent and in the particulars hereinabove specifically provided for. SECTION 6. The of this City is hereby authorized and instructed to file, or cause to be filed forthwith, following the adoption of this Ordinance, a copy hereof, with the County Clerk of Maverick County, Texas. SECTION 7. Severability. If any phrase, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional or unlawful by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this Ordinance, since the phrases, clauses, sentences, paragraphs, and sections would have been enacted by the city council without the incorporation in this Ordinance of any such unconstitutional or unlawful phase, clause, sentence, paragraph, or section. SECTION 8. This Ordinance shall be in full force and effect from and after its final passage in accordance with the City Charter of the City of Eagle Pass. READ, PASSED, AND APPROVED ON FIRST READING, on this 5 th Day of December, A.D., 2017. Imelda B. Rodriguez AYES: NAYS: ABSTAINED: ABSENT: English-Cantu, Ramon, Hernandez, Villalpando, Sifuentes None None None READ, PASSED, AND APPROVED ON SECOND READING, this 12 th Day of December, A.D., 2017. Imelda B. Rodriguez AYES: NAYS: ABSTAINED: ABSENT: READ, PASSED, AND APPROVED ON THIRD AND FINAL READING this 14 th Day of December A.D., 2017.
Imelda B. Rodriguez AYES: NAYS: ABSTAINED: ABSENT: APPROVED AS TO FORM AND LEGALITY: Langley & Banack, Inc. City Attorney
Item #3
ORDINANCE NO. 2017- AN ORDINANCE AMENDING SECTION 5-32, ARTICLE III, CHAPTER 5 (ALCOHOLIC BEVERAGES)OF THE CODE OF ORDINANCES OF THE CITY OF EAGLE PASS, TEXAS, TO INCLUDE ABSTRACT A0836, TREMINO, JAUN, SURVEY #41 ACRES.89 ( 2595 NORTH VETERANS BLVD.) WITHIN THE AREAS IN WHICH THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES IS PERMITTED; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAGLE PASS, TEXAS, as follows: SECTION 1. Section 5-32, Article III, Chapter 5 of the Code of Ordinances of the City of Eagle Pass, Texas, is hereby amended by adding at the end of the description, therein contained, of the areas in which alcoholic beverages may be sold, given, or dispensed, or delivered for consumption on the premises, the following language to-wit: ABSTRACT A0836, TREMINO, JAUN, SURVEY #41 ACRES.89 (2595 NORTH VETERANS BLVD. SECTION 2. SECTION 3. If any section, part, or provision of this Ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, then, in that event, it is expressly provided, and it is the intention of the City Council in passing this Ordinance that its parts shall be severable, and all other parts of this Ordinance shall not be affected thereby and they shall remain in full force and effect. This Ordinance shall be in full force and effect from and after its final passage in accordance with the City Charter of the City of Eagle Pass. READ, PASSED, AND APPROVED ON FIRST READING, on this 5 th Day of December, A.D., 2017.
Imelda B. Rodriguez AYES: English-Cantu, Ramon, Hernandez, Villalpando, Sifuentes NAYS: None ABSTAINED: None ABSENT: None READ, PASSED, AND APPROVED ON SECOND READING, this 12 th Day of December, A.D., 2017. Imelda B. Rodriguez AYES: NAYS: ABSTAINED: ABSENT: READ, PASSED, AND APPROVED ON THIRD AND FINAL READING this 14 th Day of December, A.D., 2017. Imelda B. Rodriguez
AYES: NAYS: ABSTAINED: ABSENT: APPROVED AS TO FORM AND LEGALITY: Langley & Banack, Inc. City Attorney
Item #4
ORDINANCE NO. 2017- AN ORDINANCE AMENDING SECTIONS 19-119 OF CHAPTER 19 OF THE CODE OF ORDINANCES FOR THE CITY OF EAGLE PASS, TEXAS AND AMENDING SECTION 10 OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF EAGLE PASS, TEXAS, TO PROHIBIT THE ESTABLISHMENT OF ANY NEW FLEA MARKET OPERATIONS EXCEPT BY CONDITIONAL USE PERMIT IN AN INDUSTRIAL DISTRICT AND TO ALLOW EXISTING FLEA MARKETS TO OPERATE AS NONCONFORMING USES; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, certain land use regulations in the Code of Ordinance for the City of Eagle Pass, Texas (Code of Ordinances) needs to be updated from time to time to correct obsolete provisions, to address changing circumstances, to address the proper use of the land and to provide for the attractive growth and proper land development of the City of Eagle Pass, Texas (City); WHEREAS, the Zoning Commission considered the proposed new zoning regulations contained herein on the day of, 201 and it recommended ; WHEREAS, the City Council finds it in the best interests of the citizens of this community to update the zoning regulations on the proper location for the use and operation of Flea Markets within the City of Eagle Pass, Texas; WHEREAS, a commissioners court of a county, is authorized under Chapter 234 of the Texas Local Government Code to regulate certain aspects of Flea Markets in unincorporated areas of a county; and WHEREAS, the City Council finds it in the best interests of the citizens of this community to provide a process for the location of new flea markets in the City in order to aid the City in the protection of the public health and safety, property values, aesthetics, and the character of an area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAGLE PASS, TEXAS, as follows: SECTION 1. Article VIII (Flea Markets), Chapter 19, Section 19-119 of the Code of Ordinance is hereby amended to read as follows: L & B 06384/0001/L1366290.DOC/
Section 19-119. Location of Flea Markets. All new flea markets in the City are prohibited unless authorized by a Conditional Use Permit in the I Industrial District. Any lawfully licensed and established Flea Market existing as of ( ) [insert the effective date of the Ordinance] may continue to operate as a nonconforming use subject to the provisions of Section 10(G) (2) of Appendix A in the Code of Ordinance for the City of Eagle Pass. SECTION 2. Section 10 of Appendix A in the Code of Ordinance for the City of Eagle Pass (Zoning Ordinance) are hereby amended to add the following sections, which shall read as follows: Section 10 "I" Industrial district. The following regulations shall apply to the "I" Industrial district: G. Flea Markets (1) Flea Markets, as defined by Section 19-111 of the Code of Ordinances, are prohibited in all districts. However, a Flea Market is only authorized in an I Industrial district provided the following conditions are satisfied: (a) The operation shall comply with and be subject to the licensing provisions of Chapter 19, Article VII of the Code of Ordinances of the City of Eagle Pass governing flea markets; (b) The City Council authorizes the issuance of a Conditional Use Permit (CUP) for a Flea Market on property within the Industrial district, as generally provided for in Section 21 of the Zoning Ordinance; and (c) The Applicant pays for all costs related to the publication and notification requirements for a Conditional Use Permit in addition to the $100.00 filing fee provided in Section 21(b)(2) of the Zoning Ordinance. (2) As of ( ) [insert the effective date of the Ordinance], the operations of any lawfully licensed and established Flea Market shall be allowed to continue until the Flea Market use: (i) changes to a conforming or permitted use; (ii) is abandoned, vacated or ceases to operate for a period of at least one (1) year; (iii) is enlarged or expanded without a Conditional Use Permit; (iv) is destroyed or damaged to the extent that it will cost at least 50% or more of its last appraised value to repair or rebuild the buildings L & B 06384/0001/L1366290.DOC/
or structures applicable to the Flea Market use; (v) is amortized to allow the landowner a reasonable time to recoup the investment in the Flea Market use and, to the extent that any nonconforming structures cannot be used for a conforming purpose, time to recoup the investment in those structures. If any of the conditions in items (i-v) occur, the Flea Market use shall cease and lose its nonconforming status. SECTION 3. The Zoning Ordinance and the Zoning District Map Eagle Pass, Texas, are hereby amended to reflect the changes made herein, and said Zoning Ordinance and said Zoning District Map shall not otherwise be affected by this Ordinance except to the extent and in the particulars hereinabove specifically provided for. In particular, all known nonconforming uses shall be identified on the Zoning District Map and when applicable, all Conditional Use Permits shall be identified. SECTION 4. The of this City is hereby authorized and instructed to file, or cause to be filed forthwith, following the adoption of this Ordinance, a copy hereof, with the County Clerk of Maverick County, Texas, a copy hereof with Municode, and publish the same. SECTION 5. Severability. If any phrase, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional or unlawful by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the phrases, clauses, sentences, paragraphs, and sections would have been enacted by the city council without the incorporation in this Ordinance of any such unconstitutional or unlawful phase, clause, sentence, paragraph, or section. SECTION 6. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required. SECTION 7. This ordinance shall be in full force and effect from and after its final passage and publication thereof in accordance with the City Charter of the City of Eagle Pass. READ, PASSED, AND APPROVED ON FIRST READING on this day of, A.D., 201_. Imelda Rodriguez AYES: L & B 06384/0001/L1366290.DOC/
NAYS: ABSENT: READ, PASSED, AND APPROVED ON SECOND READING, this day of, A.D., 201_. Imelda Rodriguez AYES: ABSENT: NAYS: READ, PASSED, AND APPROVED ON THIRD AND FINAL READING this day of, A.D., 201_. Imelda Rodriguez AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: Langley & Banack, Inc. City Attorney L & B 06384/0001/L1366290.DOC/