City Council Special Meeting January 16, 2018
A G E N D A CITY COUNCIL SPECIAL MEETING TUESDAY, JANUARY 16, 2018, AT 5:30 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 ORDINANCES 1. Second reading of an Ordinance of the City Council of the City of Eagle Pass, Texas ( City ), extending the corporate limits of the City through annexation of five (5) tracts of land being approximately 1,804.15 acres of land in Maverick County, Texas and described as follows (1) Tract A is a 404.22 Acre Tract of land lying and situated in Maverick County Texas, out of the I.&G.N.R.R.CO. Survey 2, Abstract 427, and the I.&G.N.R.R.CO. Survey 221, Abstract 358, and the I.&G.N.R.R.CO. Survey 1, Abstract 426, and the I.&G.N.R.R.CO. Survey 252, Abstract 417;(2) Tract B is a 347.25 Acre Tract of land lying and situated in Maverick County Texas, out of the Mrs. L.H. Thownsend Survey 513, Abstract 1139, and the Sam S. Sanders Survey 27, Abstract 840, and the Mrs. D.J. Parker Survey 934 3/4, Abstract 1243, and the Ma. R. Alsbury Survey 3, Abstract 997; (3) Tract C is a 202.41 Acre Tract of land lying and situated in Maverick County Texas, out of the Sam S. Sanders Survey 26, Abstract 826, and the Sam S. Sanders Survey 25, Abstract 825; (4) Tract D is a 826.22 Acre Tract of land lying and situated in Maverick County Texas, out of the Mrs. L.H. Thownsend Survey 513, Abstract 1139, and the James W. Tinsley Survey 27, Abstract 840, and the Mrs. D.J. Parker Survey 934 3/4, Abstract 1243, and the Ma. R. Alsbury Survey 3, Abstract 997, and the Fox & Byrne Survey 6, Abstract 1110, and the S. P. Simpson Survey 31 1/2, Abstract 1091, and the Day Land & Cattle Survey 30 1/3, Abstract 1238; and (5) Tract E is approximately 24.05 acres made up of the following parcels: (i) approximately 7.8 acres out of a 3.698 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1013, GC&SFRRCO., Survey #5; & a 5.5604 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1007, GC&SFRRCO., Survey #3; (ii) approximately 8.7 acres out of a 1.25 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1007, GC&SFRRCO., Survey #3, & a 5.46 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1112, Fox, F&J Byrne, Survey #2, & a 3.29 Acre Tract of land lying and situated in Maverick County,
Texas, out of Abstract A1013, GC&SFRRCO., Survey #5; (iii) approximately 3.5 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1007, GC&SFRRCO., Survey #3, Tract III; and (iv) approximately 4.05 acre tract out of the F. Fox & Byrne Survey 2, Abstract 1112, and being a portion of that Monsa Ltd. 29.43 acres described in deed recorded volume 1157, page, 420, and also portion of that Monsa Ltd., 6.861 acres described in volume 803, page 387 of the Maverick County Deed Records. providing that the annexed areas shall bear its share of the taxes levied by the City; providing that its property owners, citizens, inhabitants and residents shall be entitled to all the rights and privileges and shall be subject to all duties, obligations and liabilities as property owners, citizens, inhabitants and residents of the City; providing that its property owners, citizens, inhabitants and residents shall be bound by the acts, ordinances, resolutions, regulations, policies and procedures of the City; approving and implementing a service plan for the annexed areas; amending the official map of the city to reflect the new corporate limits; providing for publication of this ordinance; providing for submission of this ordinance and any other required information about the annexation to all governmental entities as required by law; finding this ordinance to have been considered pursuant to the laws governing open meetings; providing for severability; and declaring an effective date. 2. Third and final reading of an Ordinance changing the zoning district classification of Lots 41-56 Wincrest Subdivision Unit 2, from B-3 (General Business District) to R-2 (Second One- Family Dwelling 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. 3. Third and final reading of an Ordinance amending Section 19-119, Article VII, Chapter 19 (Offenses and Miscellaneous Provisions) 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. RESOLUTIONS 4. Consideration and possible approval of a Resolution appointing a member to the City of Eagle Pass Room Occupancy Tax Committee. 5. Consideration and possible approval of a Resolution appointing members to the Eagle Pass Library Board. OTHER BUSINESS 6. Consideration and possible awarding/rejection of the Request for Qualifications (RFQ# 2018-003) for a CDBG Grants Program Property Appraisal Services. EXECUTIVE SESSION 7. Executive Session pursuant to Section 551.071, Chapter 551, Texas Government Code Consultation with attorney regarding proposed 2017 Charter Amendments; and possible action in open session regarding 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 City Secretary, 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 Friday, January 12, 2018, at 5:20 p.m. Imelda B. Rodriguez City Secretary
Item #1
ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAGLE PASS, TEXAS ( CITY ), EXTENDING THE CORPORATE LIMITS OF THE CITY THROUGH ANNEXATION OF FIVE (5) TRACTS OF LAND BEING APPROXIMATELY 1,804.15 ACRES OF LAND IN MAVERICK COUNTY, TEXAS AND DESCRIBED AS FOLLOWS: (1) TRACT A IS A 404.22 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY TEXAS, OUT OF THE I.&G.N.R.R.CO. SURVEY 2, ABSTRACT 427, AND THE I.&G.N.R.R.CO. SURVEY 221, ABSTRACT 358, AND THE I.&G.N.R.R.CO. SURVEY 1, ABSTRACT 426, AND THE I.&G.N.R.R.CO. SURVEY 252, ABSTRACT 417, SAID 404.27 ACRE TRACT BEING BOUNDED ON THE SOUTHWESTERLY BY THE ACTUAL CITY LIMITS LINE AND PARTIALLY THE EAST LINE OF CHITTIM ESTATES, BOUNDED ON THE NORTHWESTERLY BY A LINE 1000.0 FEET FROM AND PARALLEL TO THE NORTHWESTERLY LINE OF U.S. HIGHWAY 57 NORTH, BOUNDED ON THE NORTHEASTERLY BY A LINE 1000.0 FEET FROM AND PARALLEL TO THE NORTHEASTERLY LINE OF U.S. HIGHWAY LOOP 480, AND ON THE SOUTHEASTERLY BY A LINE 1000.0 FEET FROM AND PARALLEL TO THE SOUTHEASTERLY LINE OF U.S. HIGHWAY 57 NORTH; (2) TRACT B IS A 347.25 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY TEXAS, OUT OF THE MRS. L.H. THOWNSEND SURVEY 513, ABSTRACT 1139, AND THE SAM S. SANDERS SURVEY 27, ABSTRACT 840, AND THE MRS. D.J. PARKER SURVEY 934 3/4, ABSTRACT 1243, AND THE MA. R. ALSBURY SURVEY 3, ABSTRACT 997; SAID 347.25 ACRE TRACT BEING BOUNDED ON THE WEST BY THE ACTUAL CITY LIMITS LINE, BOUNDED ON THE NORTH BY A LINE 1000.0 FEET FROM AND PARALLEL TO THE NORTH LINE OF U.S. HIGHWAY 277 EAST, BOUNDED ON THE EAST BY A LINE 1000.0 FEET FROM AND PARALLEL TO THE EAST LINE OF U.S. HIGHWAY LOOP 480, AND ON THE SOUTH BY A LINE 1000.0 FEET FROM AND PARALLEL TO THE SOUTH LINE OF U.S. HIGHWAY 277 EAST; (3) TRACT C IS A 202.41 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY TEXAS, OUT OF THE SAM S. SANDERS SURVEY 26, ABSTRACT 826, AND THE SAM S. SANDERS SURVEY 25, ABSTRACT 825; SAID 202.41 ACRE TRACT BEING BOUNDED ON THE NORTHWESTERLY BY THE ACTUAL CITY LIMITS LINE AND PARTIALLY BY THE NORTHWESTERLY LINE OF SAM S. SANDERS SURVEY 26, ABSTRACT 826, AND BOUNDED ON THE NORTHEASTERLY BY A LINE 1000.0 FEET FROM AND PARALLEL TO THE NORTHEASTERLY LINE OF U.S. HIGHWAY F.M.1021, AND ON THE SOUTHEASTERLY BY A LINE 1000.0 FEET FROM AND PARALLEL TO THE SOUTHEASTERLY LINE OF U.S. HIGHWAY LOOP 480, AND BOUNDED ON THE SOUTHWESTERLY BY A LINE 1000.0 FEET FROM AND PARALLEL TO THE SOUTHWESTERLY LINE OF U.S. HIGHWAY F.M.1021; (4) TRACT D IS A 826.22 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY TEXAS, OUT OF THE MRS. L.H. THOWNSEND SURVEY 513, ABSTRACT 1139, AND THE JAMES W. TINSLEY SURVEY 27, ABSTRACT 840, AND THE MRS. D.J. PARKER SURVEY 934 3/4, ABSTRACT 1243, AND THE MA. R. ALSBURY SURVEY 3, ABSTRACT 997, AND THE FOX & BYRNE SURVEY 6, ABSTRACT 1110, AND THE S. P. SIMPSON SURVEY 31 1/2, ABSTRACT 1091, AND THE DAY LAND & CATTLE SURVEY 30 1/3, ABSTRACT 1238; SAID 826.22 ACRE TRACT BEING BOUNDED ON THE NORTH AND WEST BY THE L & B 06384/0062/L1375186.DOCX/2
ACTUAL CITY LIMITS LINE, ON THE SOUTH AND EAST PARTIALLY BY THE BOUNDARY LINE OF THAT WECO & ASSOCIATES LTD. 2339.7639 ACRES DESCRIBED IN DEED RECORDED VOLUME 429, PAGE 98, OF THE MAVERICK COUNTY DEED RECORDS, ALSO BEING IN PART THE NORTH LINE OF MAVERICK COUNTY WATER CONTROL & IMPROVEMENTS DISTRICT NO. 1, MAIN CANAL; AND (5) TRACT E IS APPROXIMATELY 24.05 ACRES MADE UP OF THE FOLLOWING PARCELS: (i) APPROXIMATELY 7.8 ACRES OUT OF A 3.698 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY, TEXAS, OUT OF ABSTRACT A1013, GC&SFRRCO., SURVEY #5 LOCATED OFF VETERANS BOULEVARD, EAGLE PASS, TEXAS; & A 5.5604 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY, TEXAS, OUT OF ABSTRACT A1007, GC& SFRRCO., SURVEY #3, LOCATED OFF VETERANS BOULEVARD, EAGLE PASS, TEXAS. SAID LOTS WITH A PROPERTY ID DESCRIPTION OF 4725 & 4291; (ii) APPROXIMATELY 8.7 ACRES OUT OF A 1.25 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY, TEXAS, OUT OF ABSTRACT A1007, GC&SFRRCO., SURVEY #3 LOCATED OFF VETERANS BOULEVARD, EAGLE PASS, TEXAS; & A 5.46 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY, TEXAS, OUT OF ABSTRACT A1112, FOX, F&J BYRNE, SURVEY #2, LOCATED OFF VETERANS BOULEVARD, EAGLE PASS, TEXAS; & A 3.29 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY, TEXAS, OUT OF ABSTRACT A1013, GC&SFRRCO., SURVEY #5, LOCATED OFF VETERANS BOULEVARD, EAGLE PASS, TEXAS; SAID LOTS WITH A PROPERTY ID DESCRIPTION OF 8706838, 8706839, & 4329; (iii) APPROXIMATELY 3.5 ACRE TRACT OF LAND LYING AND SITUATED IN MAVERICK COUNTY, TEXAS, OUT OF ABSTRACT A1007, GC&SFRRCO., SURVEY #3, TRACT III LOCATED OFF VETERANS BOULEVARD, EAGLE PASS, TEXAS 78852; SAID LOT WITH A PROPERTY ID DESCRIPTION OF 81975; AND (iv) APPROXIMATELY 4.05 ACRE TRACT OUT OF THE F. FOX & BYRNE SURVEY 2, ABSTRACT 1112, AND BEING A PORTION OF THAT MONSA LTD. 29.43 ACRES DESCRIBED IN DEED RECORDED VOLUME 1157, PAGE, 420, AND ALSO PORTION OF THAT MONSA LTD., 6.861 ACRES DESCRIBED IN VOLUME 803, PAGE 387 OF THE MAVERICK COUNTY DEED RECORDS; PROVIDING THAT THE ANNEXED AREAS SHALL BEAR ITS SHARE OF THE TAXES LEVIED BY THE CITY; PROVIDING THAT ITS PROPERTY OWNERS, CITIZENS, INHABITANTS AND RESIDENTS SHALL BE ENTITLED TO ALL THE RIGHTS AND PRIVILEGES AND SHALL BE SUBJECT TO ALL DUTIES, OBLIGATIONS AND LIABILITIES AS PROPERTY OWNERS, CITIZENS, INHABITANTS AND RESIDENTS OF THE CITY; PROVIDING THAT ITS PROPERTY OWNERS, CITIZENS, INHABITANTS AND RESIDENTS SHALL BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS, REGULATIONS, POLICIES AND PROCEDURES OF THE CITY; APPROVING AND IMPLEMENTING A SERVICE PLAN FOR THE ANNEXED AREAS; AMENDING THE OFFICIAL MAP OF THE CITY TO REFLECT THE NEW CORPORATE LIMITS; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; PROVIDING FOR SUBMISSION OF THIS ORDINANCE AND ANY OTHER REQUIRED INFORMATION ABOUT THE ANNEXATION TO ALL GOVERNMENTAL ENTITIES AS REQUIRED BY LAW; FINDING THIS ORDINANCE TO HAVE BEEN CONSIDERED PURSUANT TO THE L & B 06384/0062/L1375186.DOCX/2
LAWS GOVERNING OPEN MEETINGS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Resolution No. 2017-48R approved and adopted on October 10, 2017 the City Council of the City of Eagle Pass, Texas ("City") declared its intent to annex eight (8) tracts of land being approximately 1,793.6084 acres of land in Maverick County, Texas based on its authority in accordance with Sections 43.051 and 43.052(h)(1) of the Texas Local Government Code; and WHEREAS, the City s Planning and Zoning Commission met on October 19, 2017 and approved a recommendation to the City Council to annex 1,804.15 acres; and WHEREAS, pursuant to Resolution No. 2017-57-R ( Annexation Intent Resolution ), the City Council amended Resolution No. 2017-48R and decreased the number of tracts the City intends to annex from eight (8) tracts of land to five (5) tracts of land and increased the amount of acreage the City intends to annex from 1,793.6084 acres to 1,804.15 acres ( Proposed Annexation Area ); and WHEREAS, the Proposed Annexation Areas are more specifically described in Exhibits "A," "B," C, D and E and/or as shown in Exhibit F attached hereto and incorporated herein for all purposes; and WHEREAS, the Proposed Annexation Areas are (i) contiguous, adjacent and adjoining to the present corporate limits of the City, and (ii) lying within the exclusive extraterritorial jurisdiction of the City; and WHEREAS, the Proposed Annexation Areas comply with the width requirements of Sections 43.054 and 43.0545 of the Texas Local Government Code and do not exceed the maximum amount of annexation allowed annually in accordance with Section 43.055 of the Texas Local Government Code; and WHEREAS, in accordance with the Annexation Intent Resolution, the City gave written notice of its intent to annex the Proposed Annexation Areas to: (i) each property owner in the Proposed Annexed Areas; (ii) each public utility or private entity that provides services in the Proposed Annexation Areas; (iii) Union Pacific Railroad that serves the City and is on the City s tax roll, because the company s right-of-way is in the Proposed Annexation Areas; and (iv) the Eagle Pass Independent School District and all other local governmental entities whose boundaries include the Proposed Annexation Areas; and WHEREAS, each railroad company also received notice by certified mail; and WHEREAS, in accordance with the Annexation Intent Resolution, the City further notified and offered owners of land, appraised for ad valorem tax purposes as agricultural, wildlife management, or timber land, the option to enter into a development agreement with the City that would guarantee the continuation of the extra-territorial jurisdiction status of the land within the Proposed Annexation Areas, and authorize the enforcement of all regulations and L & B 06384/0062/L1375186.DOCX/2
planning authority of the City that do not interfere with the use of the area for agriculture, wildlife management or timberland; and WHEREAS, no property owners have entered into a development agreement with the City; and WHEREAS, since no development agreements were executed, the City Council of the City declares its intent to annex the entire Proposed Annexation Areas; and WHEREAS, the Proposed Annexation Areas now comprising the final annexation areas (known as the Annexation Areas ) are more specifically described in Exhibits "A," "B," C, D and E and/or as shown in Exhibit F attached hereto and incorporated herein for all purposes; and WHEREAS, the Annexation Intent Resolution provided for the preparation of a Service Plan attached to this Ordinance as Exhibit B (and incorporated herein for all purposes) that provides for extending full municipal services for the original Proposed Annexation Areas which includes the Annexation Areas; and WHEREAS, the Service Plan was prepared and made available to the public at the public hearings on December 5, 2017, and December 12, 2017; and WHEREAS, the Annexation Areas are (i) contiguous, adjacent and adjoining to the present corporate limits of the City, and (ii) lying within the exclusive extraterritorial jurisdiction of the City; and WHEREAS, on December 5, 2017, and December 12, 2017, the City Council of the City held public hearings at City Hall at 100 South Monroe Street, Eagle Pass, Texas, on the Annexation Areas; and WHEREAS, at such public hearings, all interested persons had the right to appear and be heard concerning the annexation of the Proposed Annexation Areas which includes the Annexation Areas; and WHEREAS, notice of such public hearings was duly published in the San Antonio Express News, a local newspaper of general circulation in the City of Eagle Pass, and Maverick County, Texas and in the areas that includes the Annexation Areas, such notice having been published on November 22, 2017 for the first public hearing held on December 5, 2017 and published on November 29, 2017 for the second public hearing held on December 12, 2017, in accordance with the requirements of Section 43.063 of the Texas Local Government Code; and WHEREAS, notice of such public hearings was also published in the News Eagle Pass Gram, a local newspaper in the City of Eagle Pass, and Maverick County, Texas and in the areas that includes the Annexation Areas, such notice having been published on, November 23, 2017 for the first public hearing held on December 5, 2017 and published on November 29, 2017 for the second public hearing held on December 12, 2017; and L & B 06384/0062/L1375186.DOCX/2
WHEREAS, notice of the public hearings was also posted on the City s internet website on, 2017, for the first public hearing held on December 5, 2017 and, 2017 for the second public hearing held on December 12, 2017 and remained posted until the date of the public hearings, in accordance with the requirements of Section 43.063 of the Texas Local Government Code; and WHEREAS, such public hearings were duly conducted not more than forty (40) nor less than twenty (20) days prior to the institution of said annexation proceedings, and WHEREAS, after deliberation, the City Council of the City finds that the annexation of the Annexation Areas is in the best interest of the property owners, citizens, inhabitants and residents of the City and the property owners, citizens, inhabitants and residents in the Annexation Areas; now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGLE PASS, TEXAS: 1. The WHEREAS clauses set forth above are incorporated into the terms of this Ordinance, as if fully set forth herein. 2. That five (5) tracts of land being 1,804.15 acres lying contiguous, adjacent and adjoining to the present corporate limits of the City and within its exclusive extraterritorial jurisdiction and described as follows: (1) Tract A is a 404.22 Acre Tract of land lying and situated in Maverick County Texas, out of the I.&G.N.R.R.CO. Survey 2, Abstract 427, and the I.&G.N.R.R.CO. Survey 221, Abstract 358, and the I.&G.N.R.R.CO. Survey 1, Abstract 426, and the I.&G.N.R.R.CO. Survey 252, Abstract 417, Said 404.27 Acre Tract being bounded on the southwesterly by the actual city limits line and partially the east line of Chittim Estates, bounded on the northwesterly by a line 1000.0 feet from and parallel to the northwesterly line of U.S. Highway 57 North, bounded on the northeasterly by a line 1000.0 feet from and parallel to the northeasterly line of U.S. Highway Loop 480, and on the southeasterly by a line 1000.0 feet from and parallel to the southeasterly line of U.S. Highway 57 North; (2) Tract B is a 347.25 Acre Tract of land lying and situated in Maverick County Texas, out of the Mrs. L.H. Thownsend Survey 513, Abstract 1139, and the Sam S. Sanders Survey 27, Abstract 840, and the Mrs. D.J. Parker Survey 934 3/4, Abstract 1243, and the Ma. R. Alsbury Survey 3, Abstract 997; Said 347.25 Acre Tract being bounded on the west by the actual city limits line, bounded on the north by a line 1000.0 feet from and parallel to the north line of U.S. Highway 277 East, bounded on the east by a line 1000.0 feet from and parallel to the east line of U.S. Highway Loop 480, and on the south by a line 1000.0 feet from and parallel to the south line of U.S. Highway 277 East; (3) Tract C is a 202.41 Acre Tract of land lying and situated in Maverick County Texas, out of the Sam S. Sanders Survey 26, Abstract 826, and the Sam S. Sanders Survey 25, Abstract 825; Said 202.41 Acre Tract being bounded on the northwesterly by the actual city limits line and partially by the northwesterly line of Sam S. Sanders Survey 26, L & B 06384/0062/L1375186.DOCX/2
Abstract 826, and bounded on the northeasterly by a line 1000.0 feet from and parallel to the northeasterly line of U.S. Highway F.M.1021, and on the southeasterly by a line 1000.0 feet from and parallel to the southeasterly line of U.S. Highway Loop 480, and bounded on the southwesterly by a line 1000.0 feet from and parallel to the southwesterly line of U.S. Highway F.M.1021; (4) Tract D is a 826.22 Acre Tract of land lying and situated in Maverick County Texas, out of the Mrs. L.H. Thownsend Survey 513, Abstract 1139, and the James W. Tinsley Survey 27, Abstract 840, and the Mrs. D.J. Parker Survey 934 3/4, Abstract 1243, and the Ma. R. Alsbury Survey 3, Abstract 997, and the Fox & Byrne Survey 6, Abstract 1110, and the S. P. Simpson Survey 31 1/2, Abstract 1091, and the Day Land & Cattle Survey 30 1/3, Abstract 1238; Said 826.22 Acre Tract being bounded on the north and west by the actual city limits line, on the south and east partially by the boundary line of that Weco & Associates Ltd. 2339.7639 acres described in Deed recorded volume 429, page 98, of the Maverick County Deed Records, also being in part the north line of Maverick County Water Control & Improvements District No. 1, Main Canal; and (5) Tract E is approximately 24.05 acres made up of the following parcels: (i) approximately 7.8 acres out of a 3.698 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1013, GC&SFRRCO., Survey #5 located off Veterans Boulevard, Eagle Pass, Texas; & a 5.5604 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1007, GC& SFRRCO., Survey #3, located off Veterans Boulevard, Eagle Pass, Texas. Said lots with a Property ID description of 4725 & 4291; (ii) approximately 8.7 acres out of a 1.25 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1007, GC&SFRRCO., Survey #3 located off Veterans Boulevard, Eagle Pass, Texas; & a 5.46 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1112, Fox, F&J Byrne, Survey #2, located off Veterans Boulevard, Eagle Pass, Texas; & a 3.29 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1013, GC&SFRRCO., Survey #5, located off Veterans Boulevard, Eagle Pass, Texas; Said lots with a Property ID description of 8706838, 8706839, & 4329; (iii) approximately 3.5 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1007, GC&SFRRCO., Survey #3, Tract III located off Veterans Boulevard, Eagle Pass, Texas 78852; Said lot with a Property ID description of 81975; and (iv) approximately 4.05 acre tract out of the F. Fox & Byrne Survey 2, Abstract 1112, and being a portion of that Monsa Ltd. 29.43 acres described in deed recorded volume 1157, page, 420, and also portion of that Monsa Ltd., 6.861 acres described in volume 803, page 387 of the Maverick County Deed Records and based on its authority in accordance with Sections 43.051 and 43.052(h)(1) of the Texas Local Government Code; and said five (5) tracts of land being more specifically described by metes and bounds in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F attached hereto and incorporated herein for all purposes; are hereby added and annexed to the City, and shall hereafter be included within the corporate limits of the City and the present corporate limits of the City are altered and amended so as to include the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F within the corporate limits of the City. L & B 06384/0062/L1375186.DOCX/2
2. That the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F and so annexed shall be part of the City, and the five (5) tracts of land so added shall bear its share of the taxes levied by the City. 3. That the property owners, citizens, inhabitants and residents of the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F and so annexed as part of the City shall be entitled to all of the rights and privileges and shall be subject to all duties, obligations and liabilities of the property owners, citizens, inhabitants and residents of the City. 4. That the property owners, citizens, inhabitants and residents in the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F and so annexed as part of the City shall be bound by the acts, ordinances, resolutions, regulations, policies, and procedures of the City. 5. That a service plan outlining the method whereby necessary municipal services will be provided to the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F is hereby approved and the implementation of the plan is hereby authorized. Such service plan is attached hereto as Exhibit G and incorporated herein for all purposes. 6. That the official map with the boundaries of the City, previously adopted and amended, be and is hereby further amended so as to include the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F as part of the City. 7. That the Mayor is hereby directed and authorized to perform or cause to be performed all acts necessary to revise the official map of the City and add the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F hereby annexed as required by law. 8. That the Mayor is hereby directed and authorized to file a certified copy of this Ordinance in the office of the County Clerk and County Tax-Assessor Collector of Maverick County, Texas. The Mayor is further directed and authorized to submit a certified copy of this Ordinance by certified or registered mail to the Texas Secretary of State and Sales Tax Division of the Texas State Comptroller s office. 9. The City Manager or his designee shall submit a certified copy of this Ordinance and other necessary information about the annexation with all appropriate local, state, or federal governmental entities, or agencies if and/or as required by law, statutes, codes, regulations, policies, procedures, charters or ordinances. 10. The City Secretary shall publish a descriptive caption or title of this Ordinance stating in summary the purpose of the Ordinance at least twice in a newspaper generally circulated in the City, and the newly annexed areas made up of the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F. 11. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and that public notice of the time, place, and subject L & B 06384/0062/L1375186.DOCX/2
matter of the public business to be conducted at such meeting, including this Ordinance, was given to all as required by Title 5, Chapter 551 of the Texas Local Government Code, Annotated, as amended. 12. If any part, section, paragraph, sentence, phrase, or word of this Ordinance is for any reason held to be unconstitutional, illegal, inoperative, invalid, or ineffective or if any exception to or limitation upon any general provision herein contained is held unconstitutional, illegal, inoperative, invalid, or ineffective, or if any portion of the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F is incapable of being annexed by the City, the remainder of this Ordinance shall nevertheless stand effective and valid as if enacted without the portion of this Ordinance and/or portion of the five (5) tracts of land described in Exhibits "A," "B," C, D, and E and/or shown in Exhibit F held unconstitutional, illegal, inoperative, invalid, ineffective or incapable of being annexed. 13. That this Ordinance shall become and be effective in accordance and in compliance with federal law, all laws of the State of Texas and the Charter of the City of Eagle Pass, Texas. 14. This Ordinance shall be effective from and after the date of the passage and approval of this Ordinance by the City Council. READ, PASSED, AND APPROVED ON FIRST READING, this 9 th Day of January, A.D., 2018. ATTEST: Ramsey English Cantu Mayor Imelda B. Rodriguez City Secretary AYES: NAYS: ABSTAINED: ABSENT: English-Cantu, Ramon, Davis, Villalpando, Sifuentes None None None READ, PASSED, AND APPROVED ON FIRST READING, on this Day of, A.D., 2018. ATTEST: L & B 06384/0062/L1375186.DOCX/2
Ramsey English Cantu Mayor Imelda B. Rodriguez City Secretary AYES: NAYS: ABSTAINED: ABSENT: READ, PASSED, AND APPROVED ON SECOND READING, this Day of, A.D., 2018. ATTEST: Ramsey English Cantu Mayor Imelda B. Rodriguez City Secretary AYES: NAYS: ABSTAINED: ABSENT: APPROVED AS TO FORM AND LEGALITY: Langley & Banack, Inc. City Attorney L & B 06384/0062/L1375186.DOCX/2
L & B 06384/0062/L1375186.DOCX/2 EXHIBIT A
L & B 06384/0062/L1375186.DOCX/2 EXHIBIT B
L & B 06384/0062/L1375186.DOCX/2 EXHIBIT C
L & B 06384/0062/L1375186.DOCX/2 EXHIBIT D
L & B 06384/0062/L1375186.DOCX/2 EXHIBIT E
Tract E is approximately 24.05 acres made up of the following parcels: Approximately 7.8 acres out of a 3.698 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1013, GC&SFRRCO., Survey #5 located off Veterans Boulevard, Eagle Pass, Texas; & a 5.5604 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1007, GC& FRRCO., Survey #3, located off Veterans Boulevard, Eagle Pass, Texas. Said lots with a Property ID description of 4725 & 4291 allegedly owned by International Lease LLC. Approximately 8.7 acres out of a 1.25 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1007, GC&SFRRCO., Survey #3 located off Veterans Boulevard, Eagle Pass, Texas; & a 5.46 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1112, Fox, F&J Byrne, Survey #2, located off Veterans Boulevard, Eagle Pass, Texas; & a 3.29 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1013, GC&SFRRCO., Survey #5, located off Veterans Boulevard, Eagle Pass, Texas; Said lots with a Property ID description of 8706838, 8706839, & 4329, allegedly owned by Tourquoise 4, LLC. Approximately 3.5 Acre Tract of land lying and situated in Maverick County, Texas, out of Abstract A1007, GC&SFRRCO., Survey #3, Tract III located off Veterans Boulevard, Eagle Pass, Texas 78852; Said lot with a Property ID description of 81975 allegedly owned by Heriberto & Ana Maria Morales. Approximately 4.05 acre tract out of the F. Fox & Byrne Survey 2, Abstract 1112, and being a portion of that Monsa Ltd. 29.43 acres described in deed recorded volume 1157, page, 420, and also portion of that Monsa Ltd., 6.861 acres described in volume 803, page 387 of the Maverick County Deed Records. L & B 06384/0062/L1375186.DOCX/2
EXHIBIT F [need updated map] L & B 06384/0062/L1375186.DOCX/2
EXHIBIT G [service plan] L & B 06384/0062/L1375186.DOCX/2
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