Eagle Pass City Council Approves Involuntary Annexation of 977.93 Acres instead of Original Proposal of 1,804.15 Acres
By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2018
The City of Eagle Pass, Texas City Council unanimously approved the involuntary annexation of four tracts of real property totaling 977.93 Acres instead of their original proposal of five tracts totaling 1,804.15 Acres at the third reading of an annexation Ordinance at their regular meeting held on Tuesday, March 6, 2018, leaving out Tract “D” comprised of 826.22 Acres owned by seven small property owners and Winn Exploration Company (WECO) from the forced annexation.
Despite City Council Member Luis E. Sifuentes’ concerns raised at both the January 9th and 16th, 2018 City Council meetings that the City of Eagle Pass had failed to follow its own annexation process, the Eagle Pass City Council plowed through the involuntary annexation process of four tracts totaling 977.93 Acres even though many real property owners of these four tracts objected to having their real property annexed involuntarily.
Eagle Pass attorney Catrina Purcell-Longoria appeared before the City Council at the March 6th meeting to express her legal client, International Lease, LLC’s objection to having their real property involuntarily annexed due to the City’s proposed three year service plan. In previous meetings, Maverick County property owners Randy Levine and Teddy Levine objected to having a 6.26 Acre property of theirs from being involuntarily annexed, the Isidro De Los Santos Family Trust also expressed their objection to being forced annex, and the Winn Exploration Company owned by the Winn Family also opposed involuntary annexation of their real property located on Tract “D” according to Mayor Ramsey English Cantu.
Also present at the March 6th meeting were three small property owners within the proposed Tract “D” to express their concerns about being involuntarily annexed by the City of Eagle Pass without providing them the City services of potable water, sewer, a public street dedicated to their properties, and all other City-provided services. Among these property owners included longtime Eagle Pass businessman Luis F. Martinez , Jose and Martha Ramirez, and Mr. and Mrs.Trinidad Balderas. There are seven small properties and a large property owned by the Winn Family in the proposed Tract “D.” These real property owners do not have a dedicated public street, potable water services, sewer services nor City provided services despite being located immediately between the Roca Firme Church and the Wincrest Subdivision Units 1 and 2 and C. C. Winn High School. In essence, these property owners are sandwiched between the City limits and Maverick County without any water and sewer services in a no man’s zone, lacking the basic necessary services of civilized society in the United States.
At the January 16, 2018 meeting, Council Member Luis E. Sifuentes raised the issue that he could not approve the annexation of Tract “D” without the City Administration and Legal Counsel, Langley and Banack, providing the City Council with the specific costs to taxpayers and the City for providing all City-services to this Tract “D” before voting on the Involuntary Annexation Ordinance. Mayor Cantu agreed to meet with Sifuentes and the City Administration and Legal Counsel before the third reading of the Ordinance to review and establish the costs for annexing the controversial Tract “D.” A meeting was held to review Sifuentes’ concerns and the costs of annexing Tract “D.”
At the March 6th meeting, Council Member Luis E. Sifuentes stated that the total cost to taxpayers and the City for annexing Tract “D” and providing them with a dedicated street, water services, sewer services, and other City services would be $1.9 Million. Sifuentes requested the the City Council commit to providing these City Services within three years to the Tract “D” property owner before their term limits expired and a new City Council could renege on such an agreement, but Mayor Ramsey English Cantu stated that the City could not provide these services within three years because it was a matter of budgeting these costs within the City’s Fiscal Year Budget. Sifuentes asked how could these costs be paid for by the City and City Finance Director Jesus Rodriguez answered through the City issuing Bonds. However, Mayor Cantu suggested that it be done through the City Budget process over a period of years.
Legal Counsel Heriberto Morales refreshed the City Council that Tract “D” is not considered a “Colonia” under Texas law and the City does not have to provide these City Services within a three year service plan. Mayor Cantu asked the three small property owners of Tract “D” present at the March 6th meeting what would be their priority if the City annexed them, and they replied that they would like the City to install a potable water line to their seven properties upon approving the annexation and the other services within three years. Mayor Cantu advised them that the City did not have the necessary $1.9 Million to pay for these services within three years.
The City Council went into Executive Session to consult with City Attorney Heriberto Morales and other attorneys from his Langley and Banack law firm, possibly via telephone conference, regarding the annexation issue.
Upon returning into Open Session, Mayor Cantu recommended to City Council that they proceed to approve the involuntary annexation of all tracts except Tract “D.” City Council Member Rudy Villalpando made the motion to approve the third reading of the involuntary annexation Ordinance less Tract “D” and Mayor Pro-Tem Yolanda P. Morales seconded the motion. During discussion, Council Member Sifuentes stated that he wanted the City through its City Attorney to continue discussing with Michael Calley of the Winn Family on the prospects of granting an easement to build a public street into Tract D and providing other services in the future. Council Member William “Billy” Davis noted that whenever the City is able to annex Tract “D” in the future it should be an advantageous proposition for the City and the property owners. Mayor Cantu translated the City Council Members statements in Spanish for the benefit of the three small property owners of Tract “D” present at the meeting. Mayor Cantu called for the motion and the City Council approved Villalpando’s motion as recommended by Mayor Cantu to approve the third reading of the involuntary Ordinance except Tract “D” which was being excluded from annexation at this moment by the City, including Council Member Luis E. Sifuentes whom had previously voted against in the first and second reading of the Ordinance.
The seven small property owners of Tract “D” were left without being annexed and no City services, a worst situation than being in a “Colonia” in Texas. They have no services and public street. They have to haul in their water and use Septic sewer services.
In a previous meeting, legal counsel for Tract “A” property owner, Larry Levine, requested the City of Eagle Pass to annex his property along U.S. Highway 57 North, designated it as Industrial Zoning, and that he would be requesting tax abatements from City ad valorem property taxes in the future after annexation.
One City taxpayer privately questioned after the meeting how much City taxpayers have already had to pay for legal counsel services regarding the annexation issue and other professional services since 2012 when it commenced the annexation process.
