Eagle Pass City Council Forced Annexation of 1,804 Acres Faces Many Questions
By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2018
The City of Eagle Pass, Texas City Council held a joint special meeting with the City of Eagle Pass Planning and Zoning Commission on January 9, 2018 regarding the proposed forced annexation of five tracts of properties totaling 1.804 Acres into the City limits and the designation of zoning classification to be given to each of the five tracts, raising many questions concerning the City’s fumbling of the annexation process since 2012 to the present as well as the lack of providing reliable cost estimates for annexing each of the proposed five tracts of properties..
JANUARY 9, 2018 JOINT MEETING
At the January 9, 2018 Joint Meeting between the Eagle Pass City Council and the Eagle Pass Planning and Zoning Commission, Attorney Heriberto Morales of City Attorney Langley and Banack Law Firm advised both entities that the City of Eagle Pass proposed annexation process started in 2012 and continues until today. Morales detailed how the City of Eagle Pass has preferred to annex uninhabited properties along key transportation corridors such as U.S. Highway 57, U.S. Highway 277, State Loop 480, and FM 1021 (El Indio Highway) rather than established subdivisions or “Colonias” in the County of Maverick adjacent to the City limits of Eagle Pass.
Morales advised both governmental entities that the City of Eagle Pass is limited to annexing only 10 percent of its size, that is, a maximum of 1,860 acres at a time. Morales added that his law firm’s review of emails, correspondence, and documents of the City’s proposed Annexation Process since 2012 when City Planner Bryan Shea was still employed at the City showed multiple proposed properties for annexation, but these properties exceeded the 1,860 acres maximum allowed by state law. Morales stated that the City Administration received instruction to seek tracts of property that are vacant and uninhabited and that do not have any significant challenges for annexation and will be cost effective for the City to annex.
According to state law, the City of Eagle Pass is required to provide any annexed property the same City services provided to current City properties such as water service, sewage service, police protection, fire protection, parks and recreation services, and other City services. Whenever a property is annexed, the City’s provision of these services to the newly annexed property has a considerable cost to the City and its taxpayers in extending all City services to the newly annexed property, often times in the millions of dollars.
Morales presented the five proposed tracts to be annexed totaling 1,804 acres, including Tract “A” consisting a 404.22 Acres, Tract “B” consisting of 347.25 Acres, Tract “C” consisting of 202.41 Acres, Tract “D” consisting of 826.22 Acres, and Tract “E” composed of four tracts totaling 20 Acres.
City Planner Vanessa Hernandez Martinez presented both governmental entities in the January 9, 2018 joint meeting the proposed zoning designations of each of the proposed tracts of property to be annexed. For Tract “A,” Hernandez recommended an Industrial Zoning classification because this tract runs 1,000 feet parallel to U.S. Highway 57 on both sides and 1,000 feet to State Loop 480, which is uninhabited. For Tract “B,” Hernandez recommended two zoning classifications of B-3 General Business District and R-1 One Family Dwelling District because this tract runs 1,000 feet parallel to U.S. Highway 277 to State Loop 480. For Tract “C,” Hernandez recommended two zoning classifications of B-3 General Business District and R-1 One Family Dwelling District because this tract runs 1,000 feet parallel to F.M. 1021 (El Indio Highway) and State Loop 480. For Tract “D,” Hernandez recommended an R-1 zoning designation because there are 5 to 9 residential properties within this 826 Acres tract of property. For Tract “E,” Hernandez recommended two zoning classifications of Industrial Zoning and R-1 One Family Dwelling District.
For Tract “A,” City Attorney Heriberto Morales told the two governmental entities that Larry Levine, who owns most of the property north of U.S. Highway 57, favors the annexation of his property into the City limits and requests that it be designated Industrial Zoning. Brothers Teddy and Randy Levine, who own a 6.26 Acre tract north of U.S. Highway 57, oppose the annexation of their property. Morales added that the Winn Family, who own the south side of U.S. Highway 57, initially expressed interest in being annexed, but later got cold feet about being annexed. City Councilmember Luis E. Sifuentes questioned Morales if the City of Eagle Pass has anything in writing from the Winn Family if they favor or oppose annexation, which Morales replied that the City has not received anything in writing from the Winn Family.
Councilmember Luis E. Sifuentes raised an observation on why was the City Planning Department recommending that some of the proposed properties be designated R-1 instead of the preferred R-2 designation by Eagle Pass real estate developers. Sifuentes stated that Eagle Pass real estate developers prefer R-2 over R-1 because local real estate purchasers favor buying small property lots than larger lots. Sifuentes noted an R-1 property lot is 7,500 square feet and costs approximately $50-60,000 each compared to an R-2 that is 5,500 square feet and costs approximately $36,000 each lot. Sifuentes told both entities that Eagle Pass real estate developers often return to City Council seeking to amend their subdivision plats requesting a change from R-1 to R-2 because Eagle Pass real estate buyers favor the smaller sized lots and prices.
Coucilmember Sifuentes asked City Attorney Heriberto Morales if Tract “B” owners Winn Family and Tract “C”. Owner Isidro De Los Santos Family favor or oppose annexation. Morales replied that the Isidro De Los Santos Family oppose annexation of their property on F.M. 1021 (El Indio Highway) and the Winn Family appear to have gotten cold feet about annexation.
Councilmember Sifuentes noted that Tract “D” comprised of 5 to 9 residential properties and a large tract owned by the Winn Family appears to be the costliest to annex due to the City Services required to be provided. City Attorney Heriberto Morales told the entities that this Tract “D” does not have sewer services, water service, and a paved dedicated street. Morales stated that the Winn Family was willing to grant these properties an easement for a paved road to be built by the City and allow them to tap into their Wincrest Subdivision Unit 2 or the City would have to bore a water line underneath U.S. Highway 277 to extend water service to these properties.
Councilmember Luis E. Sifuentes raised a complaint that the City Administration and Legal Department have not provided City Council with concrete financial figures regarding the costs for annexing the proposed five tracts of properties totaling 1,804 Acres. “I don’t see any figures regarding the costs of annexation to the City of Eagle Pass,” said Councilmember Sifuentes. “This is not what I recall City Council giving City Administration and Legal Department instructions to do. Your were supposed to bring us the figures about the costs of annexation of different properties including Seco Mines, Siesta Acres, Loma Bonita, and others. This is not what is happening. I don’t know who gave you the directive to move forward, but it was not City Council,” said Councilmember Sifuetes. Sifuentes statement raises serious questions regarding the City of Eagle Pass Administration fumbling and non-compliance with the proposed annexation process as directed by City Council.
Mayor Ramsey English Cantu quickly responded to Sifuentes that the City Council had had an Executive Session (Closed Meeting) at a meeting wherein the Administration and Legal Department were directed to focus on raw and uninhabited land instead of subdivisions or “Colonias.” Sifuentes shot back and replied that the City Council “were never given the information requested so City Council to be able to make its decision” as to which properties to be annexed. Councilmember. Yolanda P. Ramon jumped in and stated recalling the City Council making a decision to go forward with the least costs of annexation. Sifuentes replied that “I do not recall being given the costs requested from Administration and Legal. I am not in agreement with all the Tracts being proposed for annexation….We still need to know those figures.”
After allowing public comment, the Eagle Pass Planning and Zoning Commission Chairman Enrique Montalvo stated that they had held a meeting on October 26, 2017 and approved the Zoning Classifications of the proposed Tracts for annexation. City Planning and Zoning Commission member Roberto Hernandez motioned to approve the Zoning Classifications previously approved and now recommended by Planning Director Vanessa Hernandez Martinez and Commission member Mr. Escobar seconded the motion. Chairman Enrique Montalvo called the motion for a vote,, which was approved 3-0. Thus, the City Planning and Zoning Commission officially recommended the Eagle Pass City Council to approve the Zoning Classifications of the five tracts of properties totaling 1,804 Acres recommended by City Planner Vanessa Hernandez Martinez. Chairman Montalvo adjourned the City Planning and Zoning Commission joint meeting with the City Council.
Following the City Planning and Zoning Commission’s recommendation, the Eagle Pass City Council proceeded to address Agenda Item No. 3 regarding consideration and possible action on approving the First Reading of the Ordinance extending the corporate limits of the City of Eagle Pass through annexation of five tracts of land totaling 1,804.15 Acres. After discussion, the City Council approved the first reading of the Ordinance to annex the five tracts of land totaling 1,804.15 Acres with Councilmember Yolanda P. Ramon making the motion and seconded by Councilmember William “Billy” Davis by a 4-1 vote with Councilmember Luis E. Sifuentes being the only vote against.
Editor’s Note: The next article will cover the Eagle Pass City Council Meeting on January 16, 2018 wherein the City Council approved the Second Reading of the proposed Ordinance of Annexation.
