Special - City of Eagle Pass

Transcripción

City Council
Special Meeting
April 15, 2014
1
AGENDA
CITY COUNCIL SPECIAL MEETING
TUESDAY, APRIL 15, 2014, AT 5:30 P.M.
COUNCIL CHAMBERS, CITY HALL BUILDING
100 S. MONROE STREET, EAGLE PASS, TEXAS
ESTABLISHMENT OF QUORUM
MOMENT OF REVERENCE
CITIZENS COMMUNICATIONS AND RECOGNITIONS
PUBLIC HEARINGS
1.
Public hearing on the proposed final Re-plat of Lots 13 and 14, Block 10, Hillcrest Addition; closing
of public hearing and possible action regarding same.
MINUTES
2.
Approval of minutes of April 1, 2014.
REPORTS
3.
Monthly Departmental.
CITY MANAGER’S REPORT
4.
Update on Boards and Committees.
5.
Proposed updates to Garage Sales Ordinance.
ORDINANCES
6.
Second reading of an Ordinance amending Section 2-222, Article VI of Chapter 2, of the Code of
Ordinances of the City of Eagle Pass, by deleting Section 2-222(b)(3) in its entirety; and adopting New
Section 2-222(b)(3) for appointment of relatives; and providing for an effective date.
OTHER BUSINESS
7.
Consideration and possible approval of a final Re-plat of Lots 13 and 14, Block 10, Hillcrest Addition.
8.
Consideration and possible action on a subdivision variance request submitted by Maria Antonia
Rodriguez to eliminate the requirement to plat a property, legally defined as "Lot 295" (Northerly 40-feet
of lot 295), Chula Vista Heights Subdivision, Unit 2 (100 Block of Mesquite Street)", prior to obtaining city
services and related building permit approvals for a new residence.
Page 1 of 2
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9.
Consideration and possible action of an agreement with Congressman Pete Gallego for the lease of
office space at City Hall.
10. Consideration and possible action on a recommendation for the architectural/engineering firm for
renovations to the Public Safety Complex.
EXECUTIVE SESSION
11. Executive Session pursuant to Section 551.071, Chapter 551, Texas Government Code Consultation with legal counsel regarding Union Pacific Railroad Company blockage of City Streets; and
possible action in open session regarding same.
12. Executive Session pursuant to Section 551.071, Chapter 551, Texas Government Cod e Consultation with legal counsel regarding AT&T pole on Rio Grande and Monroe Streets preventing ADA
compliance work to be completed; and possible action in open session regarding same.
13. Executive Session pursuant to Section 551.071, Chapter 551, Texas Government CodeConsultation with legal counsel regarding Subdivision Construction Agreements for the Town Square
Subdivision and the Replat of the Park Commercial Subdivision; and possible discussions and action in
open session regarding the same.
14. Executive Session pursuant to Section 551.071, Chapter 551, Texas Government Code–
Consultation with City Attorney regarding Dos Republicas Coal Partnership coal mine project permit
hearing status; and possible action in open session regarding same.
15. Executive Session pursuant to Section 551.071, Chapter 551, Texas Government Code Consultation with legal counsel regarding litigation in Cause No 13-09-28850-MCV, styled, City of Eagle
Pass, Texas v. Benjamin Martinez and Maria Isabel Berchelmann Martinez in the 293rd Judicial District
Court, Maverick County, Texas; 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 under Chapter 551 of the Texas Government Code.
Entrance and parking spaces for disabled persons are available in front of City Hall.
CERTIFICATION
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,
April 11, 2014 at 4:35 p.m.
_________________________________
Imelda B. Rodriguez
City Secretary
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Item
#2
4
THE STATE OF TEXAS
COUNTY OF MAVERICK
CITY OF EAGLE PASS
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)(
)(
The City Council of the City of Eagle Pass held its regular meeting on Tuesday, April 1, 2014 at
5:30 p.m. in the Council Chambers at City Hall, 100 South Monroe Street, Eagle Pass, Texas. All
legal notices were duly posted in accordance with the law.
ESTABLISHMENT OF QUORUM
Present: Mayor Ramsey English Cantu; Mayor Pro Tem Luis Sifuentes; Council Members, Gloria
Hernandez, Rudy Villalpando and William Davis.
Absent: None.
Staff present: City Manager, Gloria Barrientos; City Attorney Representative, Heriberto Morales;
City Secretary, Imelda B. Rodriguez; Interim Finance Director, Jesse Rodriguez; Police Chief,
Alberto Guajardo; Executive Director of Public Works, Hector Chavez; Library Director, Thomas
Eggers; Bridge Director, Mario Diaz ; Municipal Court Director, Irma Morales; Human Resources
Director, Isabel Perez; Tax/Assessor Collector, Mary Pete Ramirez; Fire Chief, Jesus Rodriguez;
PARD Director, Jorge Sanchez; Executive Director of Community Development, Brian Shea; Main
Street Manager, Joe Cruz; Chief of Staff, Rafael Garza.
With a quorum being present, Mayor English Cantu called the meeting to order and the City
Council considered the items as follows.
MOMENT OF REVERENCE
Mayor English Cantu requested the Council and members of the public present to have a moment
of silence as a sign of respect to those who are serving in the military forces and those who have
lost their lives protecting our country.
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Mayor English Cantu asked if there was anyone in the audience wishing to express their
comments on items which did not appear on the agenda, reminding them at the same time, that
although they were unable to take formal action on such items, they would be glad to take it
under advisement.
Ms. Jessica Castillo from Castillo Arts Academy approached the Council and stated that their
dance team recently won at a National event and were invited to complete in a World
Championship. They would be competing with teams from all over the world, representing the
United States. This would be the first time the City of Eagle Pass would participate in an event of
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City Council Regular Meeting
April 1, 2014
Page 2
this caliber. Ms. Castillo then stated that they are currently having fund raiser to be able to
participate in this world-wide event and asks for support from the City of Eagle Pass.
Mayor English Cantu congratulated the team on all their efforts and stated that they would be
working on assisting with necessary funds; be it as individual capacity as Council Members and
staff.
1. Proclamation for Fair Housing Month.
City Manager Barrientos advised the Council that this proclamation is required by Community
Development Block Grant (CDBG) and also presented a short video regarding fair housing.
Mayor English Cantu presented a proclamation to Executive Director of Community
Development, Brian Shea proclaiming the month of March as Fair Housing Month.
Council Member Davis arrived to the meeting at this time.
MINUTES
2.
Approval of minutes of March 18, 2014.
Motion:
Moved:
Second:
Ayes:
Nays:
Absent:
To approve minutes.
Davis
Villalpando
4
0
Sifuentes
REPORTS
3.
Monthly Departmental.

Bridge-Traffic status: vehicles 170,345; commercial vehicles 10,003; pedestrian 53,459;
having increases and declined in numbers from previous year.
Council Member Sifuentes arrived to the meeting at this time.
Mayor English Cantu posed a question regarding the delay in the Grant funding for the
Bridge II expansion. Bridge Director Diaz responded they are awaiting an issues pertaining
to the Mexican side and Federal Emergency Management Agency (FEMA).
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April 1, 2014
Page 3



Council Member Hernandez posed a question regarding the decrease in vehicular traffic,
Bridge Director Diaz responded it was related to an increase in waiting time to come into
the United States. Some travelers are opting to walk across instead of coming in their
vehicles.
Finance- Revenues are at 3 Million dollars; proposed budget to be presented in August.
Fire-Participated in festivities of International Friendship Parade and fundraiser contest.
Human Resources- Interviews; Police Officer and Assistant Planning Director will be
conducted this week.
In response to a question posed by Council Member Sifuentes regarding several
vacancies, HR Director Perez responded that the Recreational Supervisor and
Communications Operator had closed and would re-advertise. She then stated that the
Senior Library Assistant position was on hold due to restricting of department.



Library-National Library Week is in April and all late fees will be forgiven for this month.
Main Street- New members appointed to the Board; 3 projects will be presented to
board; 3 new business in the downtown area.
Municipal Court- Director took this time to publicly thank all her staff for a job well done;
MC goals to have all clerks certified; Ticket rider is almost at 100%; Ticket rider devise
training to be held for Police Officers.
Mayor English Cantu thanked the Municipal Court Judge and Staff and also Police
Department for a job well done.
Council Member Hernandez posed a question regarding the keeping of Parking Meter.
MC Director Morales responded that the Public Works department handles the parking
meters and when an issue arises she forwards information to pertaining department.

PARD- Beginning with Baseball and Softball season with 72 teams; stage setup for Abrazo
Ceremony and Noches Mexicans at Shelby Park; continuing work on baseball and soccer
fields.
Mayor English Cantu thanked all the workers from this department on a job well done on
all the festivals.

Planning & Building- Interview for Assistant Planner to be held this week; working with
Finance Department to select rehabilitation of 10 houses; Building inspector was
recertified.
Mayor English Cantu posed a question regarding abandoned homes, in response
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April 1, 2014
Page 4
Executive Director of Community Development, Shea stated that the abatement process
needs to be finished. This issue is long overdue and will be presented within the next
month.



Police- Abrazo Ceremony had few incidents in the Noches Mexicans event; filled vacancy
in the records division; 7 applicants to be interviewed for Police Officer vacancies;
committee was formed to review Police Department Policies and Procedures; received a
perfect finding score from the Commission of Law Enforcement.
Public Works-Continuing with CIP reconstruction and maintenance of streets, two
months to complete projects; Code Enforcement Office issuing citations for improper
Garage Sale Signage; send out invoices for lot cleaning.
Tax- Total collected $5,243,461.86. Of this $154,009.41 were collected from the taxes;
89.40 % current and 91.54.55% of current and delinquent; Garage Sales permits issued
196.
Council Member Villalpando posed a question regarding having neighborhood garage
sales. Tax Collector/Assessor, Ramirez responded that currently the Executive Director of
Public Works and Executive Director of Community Development were working to add a
fee to garage sales permits.
At this moment Council Member Davis stepped out of meeting.
CITY MANAGER’S REPORT
4. Update on the Annexation Plan.
City Manager Barrientos informed the Council that a sample annexation service plan being
worked on in conjunction with Legal Counsel, Administration, Planning and Public Works
departments. She briefed on dates and purpose of meeting held to move forward with this
project. She then stated once all information is gathered and reviewed there will be a workshop
with Council for recommendations and guidance.
5.
Update on the Community Centers.
City Manager Barrientos updated on the Centers and stated the following:
 Benavides: completely remodeled; pending only plaque and Americans with Disability Act
(ADA) doors; total expenditures $80,499.
 Loma de la Cruz, San Luis, and Roy P. Benavides are in the process of preparing plans for
remodeling; have a budget of $50,000.
 All center will be painted to be uniform.
 Roy P. Benavides and San Luis Centers have constructed sidewalks and ADA ramps.
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April 1, 2014
Page 5
 Pending quotes for exterior painting of 3 buildings.
6. City Engineer.
City Manager Barrientos advised the Council that Administration, Legal, Finance, Public Works
and Planning Departments have been working on a number of projects that require an engineer’s
certification. For this reason we have been considering different options that the City can take in
hiring an engineer either on a full time basis or under contract.
ORDINANCES
By consensus, the Council agreed to address item number 7 in executive session along with items
13, 14, 15 and 16.
OTHER BUSINESS
8. Consideration and possible action regarding the selection of an architectural/engineering
firm for renovations to the Public Safety Complex.
City Manager Barrientos informed them that a total of four firms were interviewed by a
Committee composed of Fire Chief, Executive Director of Public Works, Executive Director of
Community Development, Police Lieutenant, Mayor and City Manager. The Committee selected
Gignac and Associates, LLP based on experience on similar projects and knowledge. The
recommendation from the Committee is to authorize City Manager to initiate contract
negotiations in order to move forward with this project.
Council Member Sifuentes posed a question regarding as to what were the projects for the Public
Safety Complex. In response City Manager Barrientos stated that the project for the current
Amory were for a Police Station equipped with impounding of vehicles facility, and Fire Station
equipped with training tower.
Motion:
To authorize City Manager to enter into negotiations with Gignac and come back
to City Council for final approval.
Moved: Hernandez
Second: Villalpando
Ayes:
4
Nays:
0
Absent:
Davis
9. Presentation and possible approval of the City of Eagle Pass Comprehensive Annual
Financial Report (CAFR), Single Audit Supplement for fiscal year ended September 30, 2013, as
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April 1, 2014
Page 6
conducted by the Firm of Martinez, Rosario, L.L.P.
City Manager informed the Council that a revised and modified CAFR will be presented.
Martinez, Rosario, L.L.P. Representative, Ismael Martinez presented a revised and modified CAFR
and brief on modifications of the report document contents and asked the Council if they had
any questions. No questions were posed.
Motion:
To approve revised and modification to CAFR and Single Audit Supplement as
presented.
Moved: Hernandez
Second: Sifuentes
Ayes:
4
Nays:
0
Absent:
Davis
10. Consideration and possible approval of an agreement between the City of Eagle Pass and
Calumet Computers Inc., for Internet Administration and Internal Maintenance Services of the
City of Eagle Pass Public Library.
City Manager Barrientos advised the Council that this is a yearly agreement that has been in place
since 2006. The cost is $12,500 effective from July 1, 2014 through June 30, 2015, most of this
covered by a grant. Legal has reviewed and Administration is recommending for approval.
Motion:
Moved:
Second:
Ayes:
Nays:
Absent:
To approve as agreement as presented.
Hernandez
Sifuentes
4
0
Davis
11. Consideration and possible approval of an Intergovernmental Agreement with
Maverick County for the mutual use of services and equipment.
City Manager Barrientos advised the Council that this agreement is the same as in previous years
no changes have been made. She then stated Administration is recommending for approval.
Motion:
Moved:
Second:
Ayes:
To approve agreement as presented.
Villalpando
Sifuentes
4
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April 1, 2014
Page 7
Nays:
Absent:
0
Davis
12. Consideration and possible approval of an agreement between the City of Eagle Pass and
the Eagle Pass Youth Baseball-Softball Association (Babe Ruth Baseball Division).
Motion:
Moved:
Second:
Ayes:
Nays:
Absent:
To table item.
Sifuentes
Villalpando
4
0
Davis
EXECUTIVE SESSION
The Council adjourned into executive session at 7:07 p.m. to consider the items below. The
Council reconvened in open session at 10:34 p.m. to take action as noted below.
During executive session Council Member Davis returned to meeting and did not participate in
item number 7.
7. Consideration and possible approval of an ordinance amending section 2-222(b)(3) Article
VI of Chapter 2, of the Code of Ordinances of the City of Eagle Pass, by deleting in its entirety;
and adopting New Section 2-222 (b)(3) for supervision of relatives; and providing for an effective
date.
City Attorney, Morales gave the legal recommendation for the subsection (3) to be modified as
follows: Appointment of Relatives, A city official may appoint any relative within the third degree
of consanguinity or affinity to any non-paid board or committee within the city.
Motion:
Moved:
Second:
Ayes:
Nays:
Abstained:
To approve Ordinance on first reading with changes mentioned above.
Villalpando
Sifuentes
4
0
Davis
13. Executive session pursuant to Section 551.074, Chapter 551, Texas Government Code –
Discussion of personnel matter - Evaluation of City Manager; and possible action regarding same.
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April 1, 2014
Page 8
Mayor English Cantu stated that City Manager Barrientos was evaluated on several performance
measures pertaining to her responsibilities. By consensus the Council commended City Manager
Barrientos for her work and service to the City of Eagle Pass and looked forward to working with
her in the years to come under her professional capacity.
No action taken on this item.
14. Executive Session pursuant to Section 551.071, Chapter 551, Texas Government Code Consultation with legal counsel regarding legal advice on matters related to the Management
Letter, Single Audit Supplement, and the Governance Letter from Martinez, Rosario, L.L.P.; and
possible action in open session regarding same, including possible approval and acceptance of
the Management letter.
Motion:
Moved:
Second:
Ayes:
Nays:
To approve Single Audit Supplement, Governance Letter and Management Letter.
Sifuentes
Hernandez
5
0
15. Executive Session pursuant to Section 551.071, 551.072, & 551.087, Chapter 551, Texas
Government Code - Consultation with legal counsel; deliberation regarding real property; and
deliberation regarding economic development negotiations regarding matters related to the
Airport Feasibility Study and Report; C.C. Winn Family real estate donation offer; and possible
discussions and negotiations with Maverick County regarding Maverick County Airport; and
possible action in open session regarding same.
Motion:
To authorize the Mayor to meet with County Judge for the purpose of entertaining
options to move forward with the Municipal airport that would resolve any County airport issue.
Moved:
Hernandez
Second:
Davis
Ayes:
5
Nays:
0
16. Executive Session pursuant to Section 551.071, Chapter 551, Texas Government Code –
Consultation with City Attorney regarding Dos Republicas Coal Partnership coal mine project
permit hearing status; and possible action in open session regarding same.
Motion:
meeting.
Moved:
To comply with directive given to Legal Counsel and report at the next City Council
Villalpando
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April 1, 2014
Page 9
Second:
Ayes:
Nays:
Sifuentes
5
0
ADJOURNMENT
Motion:
Moved:
Second:
Ayes:
Nays:
To adjourn.
Davis
Hernandez
5
0
ATTEST:
______________________________
Ramsey English Cantu
Mayor
______________________________
Imelda B. Rodriguez
City Secretary
13
Item
#6
14
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTION 2-222,
ARTICLE VI OF CHAPTER 2, OF THE CODE OF
ORDINANCES OF THE CITY OF EAGLE PASS, BY
DELETING SECTION 2-222(b)(3) IN ITS ENTIRETY;
AND ADOPTING NEW SECTION 2-222(b)(3) FOR
APPOINTMENT OF RELATIVES; AND PROVIDING
FOR AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAGLE
PASS, TEXAS, as follows:
SECTION 2. Sec. 2-222(b)(3), Article VI, Chapter 2 of the Code of Ordinances of the City of
Eagle Pass, Texas, is hereby deleted in its entirety and adopting new section 2-222
(b)(3) for supervision of relatives is hereby adopted to read as follows:
Section 2 - Unfair advancement of private interests
(a)
(b)
General Rule. A city official or employee may not use his or her official position to
unfairly advance or impede private interests, or to grant or secure, or attempt to grant or
secure, for any person (including himself or herself) any form of special consideration,
treatment, exemption, or advantage beyond that which is lawfully available to other
persons.
Special Rules. The following special rules apply in addition to the general rule:
(1)
Acquisition of Interest in Impending Matters. A city official or employee shall
not acquire an interest in, or affected by, any contract, transaction, zoning decision,
or other matter, if the official or employee knows, or has reason to know, that the
interest will be directly or indirectly affected by impending official action by the
city.
(2)
Reciprocal Favors. A city official or employee may not enter into an agreement or
understanding with any other person that official action by the official or employee
will be rewarded or reciprocated by the other person, directly or indirectly.
(3)
Appointment of Relatives. A city official may appoint any relative within the third
degree of consanguinity or affinity to any non-paid board or committee within the
city.
(4)
Supervision of Relatives. No official or employee shall be permitted to supervise
directly a relative within the third degree of consanguinity or affinity. Department
heads are responsible for enforcing this policy. If an employee, by reason of
marriage, promotion, reorganization, or otherwise, is placed into an immediate
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supervisory relationship with a relative, one of the employees will be reassigned
or other appropriate arrangements will be made for supervision.
(c)
Recusal and Disclosure. A city official or employee whose conduct would otherwise
violate the above subsections shall adhere to the recusal and disclosure provisions stated
in Section 2-221(b).
SECTION 2.
This Ordinance shall become effective from and after its final passage as provided
by law. This code of ethics only pertains to acts arising on or after the effective
date.
READ, PASSED, AND APPROVED ON FIRST READING on this 1st Day of April, A.D., 2014.
______________________________
Mayor
ATTEST:
___________________________
Imelda B. Rodriguez
City Secretary
AYES:
NAYS:
ABSENT:
ABSTAINED:
English Cantu, Sifuentes, Hernandez, Villalpando
None
None
Davis
APPROVED AS TO LEGALITY:
___________________________
Langley & Banack, Inc.
City Attorney
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READ, PASSED, AND APPROVED ON SECOND READING this 15th Day of April, A.D.,
2014.
______________________________
Mayor
ATTEST:
___________________________
Imelda B. Rodriguez
City Secretary
AYES:
NAYS:
ABSENT:
___________________________
City Attorney
READ, PASSED, AND APPROVED ON THIRD AND FINAL READING this ______ Day of
__________, A.D., 2014.
______________________________
Mayor
ATTEST:
___________________________
Imelda B. Rodriguez
City Secretary
AYES:
NAYS:
ABSENT:
17
___________________________
City Attorney
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Item
#7
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Planning and Zoning Commission
REPORT TO THE CITY COUNCIL
Final Re-Plat of Lots 13-14 in Block 10 of Hillcrest Addition
I.
BACKGROUND
A.
General Information
Applicant:
Texmoramex LTD
401 Quarry Street
Eagle Pass, Texas 78852
Roberto and Elba Benavides
Route 2, Box 357
City of Eagle Pass
100 South Monroe Street
B.
Location:
1211 and 1225 Rio Grande Street
Legal Description:
Lots 13-14 in Block 10 of Hillcrest Addition
Property ID Numbers:
9813, 9812, and 9811
Request:
The grant of final approval for the re-platting of two
approximately 8872-square-foot lots into an approximately
5,360-square-foot lot, an approximately 6,432-square-foot lot,
and an approximately 5,953-square-foot lot, including
variances (a) to proceed directly to final plat approval without
first having obtained preliminary plat approval, (b) to reduce
the 7,000-square-foot minimum lot size of the R-3 Duplex
District, and (c) to reduce the rear yard building setback line
from 25-feet to 5-feet.
Subject Property Information
Parcel Size:
17,846-square-feet
Topography:
General decrease in elevation from east to west.
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Soils:
The United State Department of Agriculture Soil Survey for
Maverick County appears to indicate that the property is
underlain with Copita-Pryor-Dant association soils: Nearly
level to gently sloping and undulating, moderately deep and
deep sandy clay loams and clay loams. The survey states, in
part on page 5, that this association consists of moderately
permeable to slowly permeable soils on broad, smooth upland
plains. Slopes are mainly 1-percent to 3-percent, but range
from 0-percent to 5-percent. This association makes up about
37-percent of Maverick County. It is about 39-percent Capita
soils, 23-percent Pryor soils, and 7-percent Dant soils. The
remaining 31-percent is mainly Catarina, Darl, Elindio, Mavco,
Maverick, Montell, Olmos, and Verick soils.
Copita soils are moderately deep. They have a surface layer
of grayish-brown sandy clay loam about 12-inches thick. The
next layer is sandy clay loam that is moderately permeable.
The underlying material is cemented sandstone.
Pryor soils are deep. They have a surface layer of grayishbrown clay loam about 8-inches thick. The next layer is clay
loam and clay that is slowly permeable. The underlying
material is clayey shale.
Dant soils are deep. They have a surface layer of dark
grayish-brown clay loam about 11-inches thick. Below this is
clay that is slowly permeable…
C.
Vegetation:
Residential landscaping on the developed lot, with grass and
shrubs on the undeveloped lots.
Existing Use:
The proposed 5,360-square-foot lot contains an apartment
building, the proposed 6,432-square-foot lot is undeveloped,
and the proposed 5,953-square-foot lot contains a City of
Eagle Pass drainage system arroyo.
Zoning District:
R-3 Duplex District
Master Plan:
Residential
Vicinity Data
The surrounding area is comprised of a mixture of residential and commercial land uses
at a density consistent with the 7,000-square-foot minimum lot size of the R-3 Duplex
District.
D.
Infrastructure
The property is currently served by public utilities/franchises, including water, sanitary
sewer, storm sewer, telephone, electric service, and garbage service.
Access to the site is provided by Rio Grande Street.
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2
II.
RECOMMENDED FINDINGS OF FACT
A.
Conclusions
1. The applicant's request contains sufficient information for consideration by the City
Council. Information contained in this report and the Planning and Zoning
Commission’s March 13, 2014 public meeting will be used as part of the City
Council’s deliberation process for the subdivision. Please refer to Attachment 1.
2. The application also consists of a variance from the preliminary re-plat requirements
of City of Eagle Pass Code of Ordinances Section 23-36(a), a variance to reduce the
7,000-square-foot minimum lot size of the R-3 Duplex District, and a variance to
reduce the rear yard building setback line from 25-feet to 5-feet. Please refer to
Attachment 2 for a copy of the subdivision variance requests.
3. The final approval of this re-subdivision rests entirely upon whether the applicant has
demonstrated that the proposal complies with the subdivision variance criteria set
forth in Section 23-11(a) and Section 23-11(c).
First Variance Decision Criteria
Section 23-11(a)(1). The variance regarding final re-plat approval is consistent
with this section of the city code, as the strict application of the requirement to
receive preliminary re-plat approval for a 3-lot re-subdivision that currently
contains all required supporting public infrastructure, including easements, would
deprive the applicant of the reasonable subdivision of their land. A review of a
preliminary re-plat by both the Planning and Zoning Commission and the City
Council constitutes a procedural exercise that is not warranted.
The variance from the 7,000-square-foot minimum lot size requirement set forth
in Section 7(D) of City of Eagle Pass Code of Ordinances Appendix A is also
consistent with this section of the city code, as the strict application of the
minimum lot size requirement would deprive the applicant of the reasonable resubdivision of their land to reflect the 3 lots that had previously been conveyed
via deed.
The variance from the 25-foot rear yard building setback area requirement set
forth in Section 7(C)(3) of City of Eagle Pass Code of Ordinances Appendix A is
consistent with this section of the city code, as the strict application of the rear
yard building setback area requirement would deprive the applicant of the
reasonable re-subdivision of their land in a manner enjoyed by surrounding
properties in the neighborhood.
Second Variance Decision Criteria
with this section of the city code, as the variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant. As
the re-subdivision design is consistent with the residential-related purpose of the
R-3 Duplex District, the residential use of the site will allow for the enjoyment of a
property right permitted by the zoning code.
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3
in Section 7(D) of City of Eagle Pass Code of Ordinances Appendix A is
consistent with this section of the city code, as the variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant. The
proposed sizes for all 3 lots conform to the property ownership reflected in the
conveyance deeds for the properties. Any adjustment in the size of the lots in
order to conform to the minimum lot size requirements of the zoning district
would deny the 3 owners of the enjoyment of a property use right permitted by
the zoning code.
consistent with this section of the city code, as the variance is necessary for the
reduction in the 25-foot rear yard building setback area required in the R-3
Duplex District will afford the property owners the enjoyment of a property use
right permitted by the zoning code.
Third Variance Decision Criteria
with this section of the city code, as there is no anecdotal evidence which
indicates that the granting of the variance would be detrimental to the public
health, safety or welfare, or injurious to other property in the area.
consistent with this section of the city code, as there is no anecdotal evidence
which indicates that the granting a variance to reduce the minimum lot size
would be detrimental to the public health, safety or welfare, or injurious to other
property in the area.
consistent with this section of the city code, as there is no anecdotal evidence
which indicates that the granting of a variance to reduce the rear yard building
setback area would be detrimental to the public health, safety or welfare, or
injurious to other property in the area.
Fourth Variance Decision Criteria
with this section of the city code, as there is no documentation which indicates
that granting the variance would have the effect of preventing the orderly
subdivision of other land in the area in accordance with the provisions of Chapter
23.
consistent with this section of the city code, as there is no documentation which
indicates that granting the variance would have the effect of preventing the
orderly subdivision of other land in the area in accordance with the provisions of
Chapter 23.
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consistent with this section of the city code, as there is no documentation which
indicates that granting the variance would have the effect of preventing the
orderly subdivision of other land in the area in accordance with the provisions of
Chapter 23.
Fifth Variance Decision Criteria
Lastly, the variance regarding final re-plat approval is also consistent with
Section 23-11(c), as the granting of the variance will allow for the creation of a
re-subdivision that is in harmony with the general purpose and intent of City of
Eagle Pass Code of Ordinances Chapter 23. The re-subdivision contains design
features which will secure the public health, safety and welfare and provide for
the fair and equitable processing of the final plat.
in Section 7(D) of City of Eagle Pass Code of Ordinances Appendix A is also
consistent with Section 23-11(c), as the granting of the variance will allow for the
creation of a re-subdivision that is in harmony with the general purpose and
intent of City of Eagle Pass Code of Ordinances Chapter 23 because the
subdivision contains design features which will secure the public health, safety
and welfare.
also consistent with Section 23-11(c), as the granting of the variance will allow
for the creation of a re-subdivision that is in harmony with the general purpose
and intent of City of Eagle Pass Code of Ordinances Chapter 23. There is no
evidence to suggest that the reduction in the required rear yard building setback
area will subdivision will adversely impact the public health, safety or welfare in
the neighborhood.
Based upon the above-referenced findings, the subdivision variances are consistent
with the with the subdivision variance decision criteria set forth in Section 23-11(a)
and Section 23-11(c) and, as a result, should be granted.
4. The Master Plan emphasizes the importance of maintaining the character of the
residential and commercial neighborhoods located in the City.
 The re-subdivision is consistent with the Housing Goals of the Master Plan,
as the subdivision process will ensure appropriate land development
regulation with appropriate lot sizes, paved streets with curb and gutters, and
adequate utility services.
 The re-subdivision is consistent with the Land Use Development Goals of the
Master Plan, as the project is designed to provide for a building lot density
that is generally consistent with the purpose of the R-3 Duplex District. This
design will allow for the continuing development of the community while
retaining the neighborhood character and scale while providing utility
services in the most efficient and equitable manner.
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 The re-subdivision is consistent with the Street Goal of the Master Plan, as
access to the site from Rio Grande Street has been designed to provide the
residents of and visitors to Eagle Pass with a street system that will enable
them to travel safely and conveniently.
 The re-subdivision is consistent with the Thoroughfare Goals of the
Master Plan, as Rio Grande Street has been designed to be part of a
safe and efficient thoroughfare system.
 The re-subdivision is consistent with the Storm Drainage Goals of the
Master Plan, as the size of the lots and the resulting development will not
adversely impact area drainage.
5. The re-subdivision design is consistent with the residential purpose of the R-3
Duplex District.
6. The re-subdivision is consistent with City design and specifications, as the project is
designed and conditioned to conform to the following sections of Article IV in Eagle
Pass Code of Ordinances Chapter 23:
 Section 23-62 governing utility easements
 Section 23-64 governing sidewalks
 Section 23-66 governing sanitary sewage disposal
 Section 23-67 governing potable water supply and fire flow
 Section 23-68 governing storm drainage
 Section 23-69 governing the size of building lots, including lot width, lot
depth, lot orientation, and building setback areas, as the applicant obtained a
subdivision variance from the minimum lot size and rear yard building
setback area requirements of the R-3 District as part of the final plat approval
process.
 Section 23-71 governing the installation and inspection of utility lines
Please refer to Attachment 3 for a copy of the final engineering report for the
proposal.
7. The re-subdivision is also consistent with City design and specifications for
landscape and tree preservation set forth in Article VI in Eagle Pass Code of
Ordinances Chapter 23
8. The re-subdivision will conform with the parkland dedication requirements set forth in
Article V in Eagle Pass Code of Ordinances Chapter 23, as the original plat in which
this re-plat is located was recorded prior to the enactment of the City’s parkland
dedication requirements in 2005.
9. The re-subdivision's conformance with the provisions of the Master Plan and the
Eagle Pass Code of Ordinances will facilitate the following benefits:
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
Protect private rights while considering public health, safety and welfare.

Provide for efficient and economical ways to move people and goods outside
the City by an adequate plan for streets and highways.

Guide future development in an orderly manner, by stages according to a
pattern, so that the City may have a balanced land use.

Encourage a diversified economic base, and encourage public and private
investments in land and improvements.

Prevent and eliminate blight and slums, making the City attractive to people,
commerce, and industry.

Create the desire for a more pleasing appearance of the City, and
incorporate into its physical development the basic principles of good design.

Protect and preserve the identity of each neighborhood through use of the
guidance provided by the Master Plan and the Code of Ordinances.

Locate all land uses on land best suited for their needs, arranged in such a
way as to be mutually beneficial and functional, with ample area to meet
long-term needs.

Establish a proper relationship between open space, developed areas,
building bulk, light and air space, in all future development programs of land
use.

Encourage and abet the development of civic, cultural, and other public and
quasi-public buildings in harmonious and functional groupings.
Please refer to Attachment 4 for a copy of the Master Plan Map.
10. The re-subdivision will allow for a use of the property that is both consistent with the
residential purpose of the R-3 Duplex District, as well as the surrounding area for the
following reasons:
A. The subdivision design bears a substantial relationship to the public's health,
safety, and welfare.
B. The subdivision is in accordance with the Master Plan and the residential
purpose of the R-3 Duplex District.
C. The subdivision is warranted because of the necessity to create additional
building lots in both the R-3 Duplex District, and because the proposed
development is appropriate for the reasonable use of the property.
D. The subject property is suitable for development in general conformance with
development standards of the R-3 Duplex District.
E. The subdivision will benefit the City as a whole and will not be detrimental to
nearby land uses of a similar nature.
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F. The subdivision has been designed and conditioned to comply with all
applicable subdivision criteria and standards of the City of Eagle Pass.
Please refer to Attachment 5 for a copy of the City Zoning District Map.
11. The final approval of this re-plat request is warranted, as the project conforms to the
City of Eagle Pass Master Plan and the City of Eagle Pass Code of Ordinances as
noted in Conclusion 1 through and including Conclusion 10 of this report.
B.
Planning and Zoning Commission Action
The Planning and Zoning Commission conducted a public hearing on March 13, 2014 to
consider the final re-plat request.
Upon due consideration of the written record and comments provided at the public
hearing, the Commission voted unanimously to (1) grant the subdivision variances and
(2) recommend final re-plat approval to the City Council.
C.
Planning and Zoning Commission Recommendation
The Eagle Pass City Council GRANT final approval to re-plat Lots 13-14 in Block 10 of
Hillcrest Addition into an approximately 5,360-square-foot lot, an approximately 6,432square-foot lot, and an approximately 5,953-square-foot lot, including variances (a) to
proceed directly to final plat approval without first having obtained preliminary plat
approval, (b) to reduce the 7,000-square-foot minimum lot size of the R-3 Duplex
District, and (c) to reduce the rear yard building setback line from 25-feet to 5-feet,
subject to the following condition:
1. The final re-plat shall comply with the provisions of Article III in City of Eagle
Pass Code of Ordinances Chapter 23.
TRANSMITTED to the parties listed hereafter:
Texmoramex LTD via e-mail
Eagle Pass City Council via e-mail
Gloria Barrientos, Eagle Pass City Manager via e-mail
Imelda Rodriguez, Eagle Pass City Secretary via e-mail
Paul Fletcher, Eagle Pass City Attorney via e-mail
Planning and Zoning Commission Record of Action dated March 15, 2014
Copies of Attachments are available at City Secretary’s Office.
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
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Item
#8
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Planning and Zoning Commission
REPORT TO THE CITY COUNCIL
Maria Antonia Rodriguez Subdivision Variance Request
I.
BACKGROUND
A.
General Information
B.
Applicant:
Maria Antonia Rodriguez
Route 1, Box 381
Location:
100 Block of Mesquite Street
Legal Description:
Northerly 40-feet of Lot 295 in Chula Vista Heights Subdivision
Unit 2
Property ID Number:
7138
Request:
A request to eliminate the requirement to plat a property prior
to obtaining city utility services and related building permit
approvals for a new residence.
Subject Property Information
Parcel Size:
14,147-square-feet
Topography:
Generally flat
Soils:
The United State Department of Agriculture Soil Survey for
Maverick County appears to indicate that the property is
underlain with Catarina-Maverick association soils. The survey
states, in part on page 5, that the association “consists of
slowly permeable to very slowly permeable soils in broad,
uneven areas of uplands. Slopes are mainly 0-percent to 3percent, but range from 0-percent to 5-percent. This
association makes up about 11-percent of the soils in
Maverick County. The remaining 22-percent is mainly
Brundage, Copita, Dant, Elindio, Mavco, Olmos, Pryor, and
Verick soils. Catrina soils are deep. They have a surface of
layer of grayish-brown clay about 22-inches thick. The
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underlying material is clay that is slowly permeable. Maverick
soils are moderately deep. They have a surface layer of
grayish-brown clay about 5-inches thick. The underlying
material is clay that is slowly permeable”…
C.
Vegetation:
Grass and shrubs
Existing Use:
Undeveloped
Zoning:
Not Applicable
Master Plan:
Not Applicable
Vicinity Data
The surrounding area is comprised of single family residences at a density less than the
7,700-square-foot minimum lot size for the R-1 First One-Family Dwelling District.
D.
Infrastructure
The property is currently served by public utilities/franchises, including water, sanitary
sewer, storm sewer, telephone, electric service, and garbage service.
Access to the site is provided by unimproved Mesquite Street.
II.
RECOMMENDED FINDINGS OF FACT
A.
Eagle Pass City Charter Article IX: Municipal Planning and Zoning

Section 9.1 Planning and zoning commission.
The city council shall appoint a city planning and zoning commission consisting
of five (5) regular members who shall be residents of the City of Eagle Pass and
who own real estate within the city, and such ex-officio members as are provided
herein. The regular members shall receive such compensation as the council
shall prescribe by ordinance and shall hold no other elective position in the city
government. The ex-officio members shall include the mayor, the city manager,
and such other ex-officio members as the council may by resolution provide. Exofficio members shall participate in the work of the commission, but shall not
have a vote in its official actions.
(a) Term of office. The term of the appointive members shall be five (5)
years, except that, of the five (5) members first appointed, one shall be
appointed for a term of one year, one for two (2) years, one for three (3)
years, and one for four (4) years.
(b) Powers and duties. The commission shall have the power and shall be
required to:
(1) Make, amend, extend, and add to the Master Plan for the physical
development of the city.
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(2) Approve or disapprove plats of proposed subdivisions submitted
in accordance with Section 9-2 of this article and any other
applicable laws. In considering such plats, the commission shall
require that the proposed subdivisions shall meet all the standards
of layout and street and sidewalk construction on comparable
property within the corporate limits of the City of Eagle Pass as
specified in the City of Eagle Pass Construction Standards
Manual. Upon approving such plats, and before they are released
for recoding, the planning commission shall submit all copies of
approved plats to the city council for final approval.
(3) Draft, and recommend to the council for adoption, an official map
of the city and recommend or disapprove proposed changes in
such map.
(4) Make, and recommend to the council for adoption, a zoning plan
and recommend or disapprove proposed changes in such plan.
(5) Make, and recommend to the council for adoption, plans for the
clearance and rebuilding of slum districts and blighted areas
which may develop within the city.
(6) Compile, and recommend to the council for adoption, a building
code, which code shall include the minimum standards of
construction for buildings, the minimum standards for plumbing,
and the minimum standard for wiring and gas piping.
(7) Submit annually to the city manager, not less than ninety (90)
days prior to the beginning of the budget year, a list of
recommendations for capital improvement which, in the opinion of
the commission, are necessary or desirable to be constructed
during the forthcoming five (5) years. Such list shall be arranged
in order of preference, with recommendations as to which projects
shall be constructed in which year.
(8) Meet not less than once each month; meetings to be held at the
city hall unless prior notice of change of meeting place be given
by publication in the official newspaper of the City of Eagle Pass.
(9) Perform such other duties and be vested with such other powers
as the council shall from time to time prescribe.
(c) Rules of procedure. The commission shall elect annually, one of its
members chairman, and shall establish its own rules of procedure which
shall include the following: A quorum shall consist of a majority of the
members of the commission qualified and serving. The affirmative vote of
a majority of those present shall be necessary to pass upon pending
questions. All meetings shall be open to the public and a record of all
proceedings shall be kept, which record shall be filed with the person
performing the duties of city secretary and shall be a public record.
(d) Vacancies. Membership of the commission shall be accompanied by
active participation in the activities of the commission, and any member
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who is absent from three (3) consecutive meetings of the commission
without valid excuse, as determined by the commission, shall
automatically be dismissed from membership. The commission shall at
once notify the council that a vacancy in the commission exists.
Vacancies occurring in the commission, for whatever reason, shall be
filled within thirty (30) days by appointment by the council for the
remainder of the unexpired term.

Section 9.2 Platting of property.
(a) Hereafter, every owner of any tract of land situated within the corporate limits
of the City of Eagle Pass, who may divide the same in two (2) or more parts
for the purpose of laying out any subdivision or any addition to the city, shall
comply with the provisions of all applicable laws.
(b) The provisions of section 9-2(a) above shall apply similarly to the owner of
any tract of land situated within a maximum distance of five (5) miles beyond
the corporate limits of the City of Eagle Pass, or as provided by law.

Section 9.3 Master plan.
The Master Plan for the physical development of the city, with the accompanying
maps, plats, charts, descriptive and explanatory matter, shall show the
commission's recommendations for the development of city territory, and may
include, among other things, (a) the general location, character, and extent of
streets, bridges, parks, waterways, and other public ways, grounds and spaces;
(b) the general location of public buildings and other public property; (c) the
general location and extent of public utilities, whether publicly or privately owned;
(d) the removal, relocation, widening, extension, narrowing, vacation,
abandonment or change of use of such existing or future public ways, grounds,
spaces, buildings, property or utilities; and (e) the general extent and location of
public housing projects and slum-clearance projects.
(a) Adoption of Master Plan. The commission may adopt the Master Plan as
a whole by single resolution, or may by successive resolutions adopt
successive parts of the plan, said parts corresponding to major
geographical sections of the city or to functional divisions of the subject
matter of the plan, and may adopt any amendment or extension thereof
or addition thereto. The adoption of the plan, or of any part, amendment,
extension or addition, shall be by resolution carried by the affirmative
votes of not less than a majority of the commission, but before the
adoption of the plan or any such part or any modification, extension or
addition, the commission shall hold at least one public hearing on the
proposed action. An attested copy of the plan or part thereof shall be
certified to the council.
(b) Legal effect of Master Plan. No street, park, or other public way, ground
or space, no public building or structure and no public utility whether
publicly or privately owned, shall be constructed or authorized in the city,
nor shall any real property be acquired by the city, until and unless the
location and extent thereof shall have been submitted to and approved by
the commission; provided that, in case of disapproval, the commission
shall communicate its reasons to the council, which shall have the power
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by two-thirds (2/3) vote to overrule such disapproval, and, upon such
overruling, the council or the appropriate office, department or agency
shall have the power to proceed. The widening, narrowing, relocation,
vacation or change in the use of any street or other public way or ground
or the sale of any public building or real property shall be subject to
similar submission and approval, and failure to approve may be similarly
overruled by the council. The failure of the commission to act within thirty
(30) days after the date of official submission to the commission shall be
deemed approved, unless a longer period be granted by the council or
the submitting official.
2005 Master Plan
The Master Plan provides direction to both the Planning and Zoning
Commission and the City Council in their consideration of preliminary
subdivision application. The Master Plan contains goals, strategies, and
objectives concerning housing, land use development, streets,
thoroughfares, and drainage.
Land Use Development
The formulation of a land use development plan includes establishing
goals and objectives, with broad goals for land uses and achievable
objectives for the implementation of the desired development.
The following land use development goals and objectives were proposed
in the Master Plan after local participation in the planning process.
Land Use Development Goals
 The sound development of the local land resources to achieve a
balance between the man-made and natural environments.
 The continuing development of the community while retaining the
community’s character and scale.
 The ultimate development of urban uses in a compatible
arrangement, which will make the community attractive to both
residents and visitors while desirable to quality investments.
 Provision and use of utility services in the most efficient and
equitable manner.
 Preservation of the natural and man-made beauty of Eagle Pass.
 Improvement in the condition of the business and commercial
districts.
Land Use Objectives
 Enhance the local capacity to monitor, evaluate, and promote the
sound development of the community.
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 Promote development standards and guidelines to minimize
wasteful land subdivision to improve local resource utilization in a
compatible land use relationship.
 Coordination with area-wide, county, and state agencies that deal
with land and resource utilization to eliminate substandard
development in the City’s Extra Territorial Jurisdiction and beyond,
and improve existing substandard areas.
Short-Term Land Use Objectives
 Establish the planning process as a continuing municipal function.
 Review planning studies and material from agencies, such as the
American Planning Association, the Texas Municipal League, and
the Texas Department of Housing and Community Affairs, that
can be applicable to the City of Eagle Pass.
 Continue enforcement of the provisions of the zoning and
subdivision ordinances.
 Strict review of proposed subdivisions, particularly those located
in environmentally sensitive areas such as sloping areas or those
areas with soils which pose limitation to development.
 Annex colonia areas located within the City’s Extra Territorial
Jurisdiction which affect the City.
B.
Eagle Pass City Code of Ordinances Chapter 23: Subdivisions
Article I General

Section 23-1 Authority.
This chapter is adopted under the authority of the Constitution and the laws of
the State of Texas including particularly Chapter 212 of the Texas Local
Government Code and Subchapter J in Chapter 16 of the Texas Water Code,
and Section 2-1 and Article 9 of the City of Eagle Pass Charter.

Section 23-2 Purpose.
This chapter is adopted for the purpose of protecting and promoting the health,
safety, morals and general welfare of the community and to achieve the safe,
orderly and helpful urban development through land subdivision of undeveloped
areas within the city and its extraterritorial jurisdiction by providing for lots of
sufficient size, to provide for adequate improvements and facilities, and
appropriate design for the purpose for which they are used; by the provision,
construction and installation of streets, easements, alleys, sidewalks, public
utilities and other facilities, by providing uniformity of street width, access to
lands, minimization of traffic congestion and safety hazards, and prevention of
the subdivision of land which is subject to flooding or otherwise unsuitable for
subdivision; and to promote and develop the utilization of land to assure the best
possible community environment; and to provide adequate municipal services
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and safe streets in accordance with the development plan of the City of Eagle
Pass, Maverick County, Texas.
Article I: In General

Section 23-5 Definitions.
(a) Specific terms, phrases, etc., defined. For the purposes of this chapter, the
following terms, phrases, words and their derivatives shall have the following
meaning ascribed to them in this section:
…Lot: A "lot" is an undivided tract or parcel of land having frontage on a
public street and which is, or in the future may be, offered for sale,
conveyance, transfer or improvement; which is designated as a
distinct and separate tract, and which is identified by a tract or lot
number or symbol in a duly approved subdivision plat which has been
properly filed of record…
…Plat: A "plat" is a complete and exact subdivision plan submitted to the
commission for final approval in which, if approved, will be submitted
to the county clerk for recording…
…Subdivision: A "subdivision" is a division of any lot, tract or parcel of land
situated within the city, or within its extraterritorial jurisdiction, into two
(2) or more parts, or the assembly of lots or portion(s) of lot(s) into a
single lot, for the purpose of laying out any division of any tract of land
or any addition to any city or town, or for the laying out of suburban
lots or building lots, or any lots and streets, alleys or parks or other
portions intended for public use or the use of purchasers or owners of
lots fronting thereon or adjacent thereto. "Subdivision" includes the
re-subdivision and vacation and correction platting, and when
appropriate to the context, relates to the process of subdivision or to
the land or area subdivided…

Section 23-7 Enforcement.
(a) No public utility such as water, sewer, electricity, gas, etc., which is owned,
controlled, or distributed by the City of Eagle Pass, will be provided to a lot in
a subdivision within the corporate limits of the city or lying within its
extraterritorial jurisdiction that has not been platted in the manner prescribed
by this chapter and the plat duly recorded in the office of the office of the
Maverick County Clerk.
(b) No building, repair, plumbing and/or electrical permits shall be issued by the
city for any structure or a lot in any subdivision within the corporate limits of
the city, which has not been platted in the manner prescribed by this chapter
and for which a final plat has not been approved and duly recorded in the
office of the Maverick County Clerk.

Section 23-9 Extraterritorial applicability.
(a) The rules and regulations of the city established by this chapter governing
plats and subdivisions of land are hereby extended to and shall apply to all of
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the area under the extraterritorial jurisdiction of said city, as provided for in
Texas Local Government Code § 212.003.
(b) Any violation of any provision of this chapter establishing rules and
regulations governing plats and subdivisions of land outside the corporate
limits of the city, or within the area under the extraterritorial jurisdiction of the
city, shall not constitute a misdemeanor under this chapter nor shall any fine
provided for in the chapter be applicable to a violation within such
extraterritorial jurisdiction.
(c) Any violation of the provisions of this chapter establishing rules and
regulations governing plats and subdivisions of land outside of the corporate
limits of the city but within the area under the extraterritorial jurisdiction of the
city shall be reported to the city council for whatever action said council may
deem proper, and the city attorney shall, when so directed, institute an action
in the district court to enjoin the violation of any provision of this chapter in
such extraterritorial jurisdiction.

Section 23-11 Variances.
(a) The commission may authorize a variance from these regulations when, in its
opinion, undue hardship will result from requiring strict compliance. In
granting a variance, the commission shall prescribe only conditions that it
deems necessary or desirable to the public interest. In making the findings
herein below required, the commission shall take into account the nature and
the proposed use of the land involved and existing uses of land in the vicinity,
the number of persons who will reside or work in the proposed subdivision,
and the probable effect of such variance upon traffic conditions and upon the
public health, safety, convenience and welfare in the vicinity. No such
variance shall be granted unless the commission finds:
(1) That there are special circumstances or conditions affecting the land
involved such that strict application of the provisions of this chapter would
deprive the applicant of the reasonable use of his land.
(2) That the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
(3) That the granting of the variance will not be detrimental to the public
health, safety or welfare, or injurious to other property in the area.
(4) That the granting of the variance will not have the effect of preventing the
orderly subdivision of other land in the area in accordance with the
provisions of this chapter.
(b) The applicant shall submit in writing to the city manager a letter addressing
the facts upon which he believes a variance is warranted. The city manager
shall review the facts and distribute the letter to the appropriate departments
and/or agencies of the city and the planning commission. The city manager
and such departments and/or agencies shall, within fifteen (15) days of the
receipt of the letter, respond in writing to the applicant and to the planning
commission as to the following:
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(1) The section and specific requirement of the subdivision regulations and
the respect in which the proposed plat does not comply.
(2) An evaluation of the specific plat submitted by the applicant and the
factors indicated above for use by the commission in making its findings.
(3) The recommendation containing any conditions which the commission
may wish to consider in granting the variance.
(c) Such findings of the commission, together with the special facts upon which
such findings are based, shall be incorporated into the official minutes of the
commission meeting at which such variance is granted. Variances may be
granted only when in harmony with the general purpose and intent of this
chapter so that the public health, safety and welfare may be secured and
substantial justice done. Pecuniary hardship to the subdivider, standing
alone, shall not be deemed to constitute undue hardship.
(d) Owners of any tract of land which has been subdivided, and of which at least
60-percent of the total lots or tracts thereof have been sold to bona fide
purchasers, and for which deeds of transfer have been executed prior to
1984, may have such tract of land platted, as it exists on the ground, by a
duly licensed land surveyor and may present such plat for approval in
accordance with all of the requirements of this chapter, including the
payment of all stipulated fees and costs, save and except that such plat shall
be considered as having met all other requirements of this chapter, other
than the requirements for street paving and for the installation of water and
sewer lines, if this last is deemed necessary or desirable. Said street paving
and said installation of water lines and sewer lines, if such sewer lines are
necessary or desirable, shall be done in strict compliance with the provisions
of this chapter at no cost to the City of Eagle Pass. Proof of purchase by all
owners shall be required at the time that the plat referred to herein is
submitted for approval.
(e) Construction of curb and gutter and sidewalks shall not be required for any
subdivision which is an additional unit of a subdivision wherein such
construction was not previously required and whose plat was filed for record
with the county clerk prior to 1984, and for which a valid and unexpired
master plan is on file in the permanent records of the City of Eagle Pass
under the care and custody of the city secretary.

C.
Section 23-14 Validation by city council.
(a) No action of the planning and zoning commission, taken under the provisions
of this chapter, shall be valid until such action has been ratified and validated
by a majority vote of the members of the city council qualified and serving, at
a meeting of said council called and held in accordance with the Open
Meeting Law of the State of Texas, except as provided in Section 23-48 of
this chapter.
Texas Local Government Code

Section 212.004 Plat required.
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(a) The owner of a tract of land located within the limits or in the
extraterritorial jurisdiction of a municipality who divides the tract in two or
more parts to lay out a subdivision of the tract, including an addition to a
municipality, to lay out suburban, building, or other lots, or to lay out
streets, alleys, squares, parks, or other parts of the tract intended to be
dedicated to public use or for the use of purchasers or owners of lots
fronting on or adjacent to the streets, alleys, squares, parks, or other
parts must have a plat of the subdivision prepared. A division of a tract
under this subsection includes a division regardless of whether it is made
by using a metes and bounds description in a deed of conveyance or in a
contract for a deed, by using a contract of sale or other executory
contract to convey, or by using any other method. A division of land under
this subsection does not include a division of land into parts greater than
five acres, where each part has access and no public improvement is
being dedicated…
D.
Texas Water Code

Section 16.343 Minimum state standards and model political subdivision
rules.
(a) The board shall, after consultation with the attorney general and the
commission, prepare and adopt model rules to assure that minimum
standards for safe and sanitary water supply and sewer services in
residential areas of political subdivisions, including rules of any state
agency relating to septic tanks and other waste disposal systems, are
met.
(b) The model rules must:
(1) Assure that adequate drinking water is available to the residential
areas in accordance with Chapter 341, Health and Safety Code,
and the Rules and Regulations for Public Water Systems and the
Drinking Water Standards Governing Water Quality and Reporting
Requirements for Public Water Supply Systems adopted by the
commission and other law and rules applicable to drinking water;
and
(2) Provide criteria applicable to tracts that were divided into two or
more parts to lay out a subdivision and were not platted or
recorded before September 1, 2005.
(c) The model rules must:
(1) Assure that adequate sewer facilities are available to the
residential areas through either septic tanks or an organized
sewage disposal system that is a publicly or privately owned
system for the collection, treatment, and disposal of sewage
operated in accordance with the terms and conditions of a valid
waste discharge permit issued by the commission or private
sewage facilities in accordance with Chapter 366, Health and
Safety Code, and the Construction Standards for On-Site
Sewerage Facilities adopted by the commission and other law and
rules applicable to sewage facilities; and
40
10
(2) Provide criteria applicable to tracts that were divided into two or
more parts to lay out a subdivision and were not platted or
recorded before September 1, 2005.
(d) The model rules must prohibit the establishment of residential
developments with lots of five acres or less in the political subdivision
without adequate water supply and sewer services. Also, the model rules
must prohibit more than one single-family, detached dwelling to be
located on each lot.
(e) The model rules must provide criteria governing the distance that
structures must be set back from roads or property lines to ensure proper
operation of water supply and sewer services and to reduce the risk of
fire hazards.
(f) Repealed by Acts 2005, 79th Legislative Session, Chapter 927, Section
15 effective September 1, 2005.
(g) Before an application for funds under Section 15.407 or Subchapter P,
Chapter 15, or Subchapter K, Chapter 17, may be considered by the
board, a political subdivision must adopt the model rules pursuant to this
section. If the applicant is a district, nonprofit water supply corporation, or
colonia, the applicant must be located in a city or county that has adopted
such rules. Applicants for funds under Section 15.407 or Subchapter P,
Chapter 15, or Subchapter K, Chapter 17, may not receive funds under
those provisions unless the applicable political subdivision adopts and
enforces the model rules.
E.
Conclusions
1.
The applicant's request contains sufficient information for consideration by the
Planning and Zoning Commission. Please refer to Attachment 1.
2.
Copies of the subdivision variance request were forwarded to both eh Water
Works System and the Public Works Department for their review and comment
No comments were received by the Planning Department regarding the
application. Please refer to Attachment 2 for a copy of the Planning Department
e-mail memorandum to the Water Works System and the Public Works
Department.
3.
The property was not created in conformance with the provisions of City of Eagle
Pass Code of Ordinances Chapter 23 prior to its conveyance in 1992. Please
refer to Attachment 3 for a copy of the Maverick County information regarding
the property.
4.
City of Eagle Pass Code of Ordinances Section 23-7 states that city water and
sewer service cannot be provided or a construction-related permit issued for a lot
that has not been created and conveyed in conformance with City of Eagle Pass
Code of Ordinances Chapter 23.
It appears that the adoption of Section 23-7 was intended, in part, to create a
check-and-balance between City utility service and the Texas Water Code.
Section 16.343(g) of the Water Code creates a nexus between state water
system improvement funding and the provision of adequate water and sewer for
41
11
residential developments. Additionally, Water Code Section 16.343(d) states that
no more than 1 single family residence may be located on a lot.
Both Water Code Section 16.343(b)(2) governing adequate water service and
Water Code Section 16.343(c)(2) governing adequate sewer service direct the
City of Eagle Pass to provide criteria for tracts that were divided into two or more
parts before September 1, 2005. Such is the case with this property.
Lot 295 of Chula Vista Heights Subdivision Unit 2 was divided into 2 lots in 1992.
City of Eagle Pass Code of Ordinances Chapter 23 provides criteria to address
tracts that were divided into two or more parts before September 1, 2005, as
directed by Water Code Section 16.343(b)(2) and Water Code Section
16.343(c)(2). The criteria that is intended to provide this governmental oversight
is found in the Section 23-11 governing subdivision variances.
The granting of this variance, if found by the Planning and Zoning Commission to
comply with the approval criteria set forth in Section 23-11, would therefore be
consistent with the legislative intent of the Texas Water Code by assuring the
provision of adequate drinking water and adequate sewage disposal for a singlefamily residence.
5.
The City of Eagle Pass does not possess building safety permit authority in the
Extraterritorial Jurisdiction. The City does, however, perform sewer service
connection inspections on behalf of the City of Eagle Pass Water Works System
and electrical service connection inspections on behalf of either Rio Grande
Electric Co-Operative or American Electric Power of Texas (AEP), depending
upon the location of the lot in relation to each utility’s respective service area.
6.
The variance request is consistent with the decision criteria for Commission
approval of a variance request as set forth in City of Eagle Pass Code of
Ordinances Section 23-11(a) because undue hardship will result from requiring
strict compliance with the provisions of City of Eagle Pass Code of Ordinances
Section 23-7(b). It is highly probable that the cost of platting the property as set
forth in City of Eagle Pass Code of Ordinances Chapter 23 would exceed the
cost of connecting the new residence to City water and sewer service. The
enforcement of such a requirement would fail the basic principle of a cost-tobenefit analysis.
7.
Ordinances Section 23-11(a)(1) because there is a special circumstance or
condition affecting the land involved such that strict application of the provisions
of City of Eagle Pass Code of Ordinances Section 23-7(b) would deprive the
applicant of the reasonable use of his land. A mobile home residence has been
in place on the southern portion of Lot 295 since 1996. Please refer to
Attachment 4 for information and a photograph of the residence located at 147
Mesquite Street.
A check-and-balance method used in the enforcement of the subdivision code
and the enforcement of the building code typically takes place at the time of
building permit application. A preliminary review of a building permit application
involves a review for compliance with the subdivision code and the zoning code.
In this case, as there is no building permit-related authority in the Extraterritorial
42
12
Jurisdiction, the property owner was unaware that the conveyance of the
northerly 40-feet of Lot 295 did not comply with all provisions of the City of Eagle
Pass Code of Ordinances, including Chapter 23. This is a special circumstance
created by the lack of a check-and-balance between the codes.
8.
Ordinances Section 23-11(a)(2) because the variance is necessary for the
property was originally conveyed in 1992 and, given its 40-foot width, provides
the applicant with a very limited range of residential development opportunities.
The most likely development scenario would involve the installation of a mobile
home. The requirement to perform a subdivision of Lot 295 would most likely
exceed the cost of installing a mobile home, which would include the provision of
water and sewer service to the unit. As such, the requirement to subdivide the lot
would significantly impair the substantial property right of the applicant. Please
refer to Attachment 5 for a copy of the 1992 deed of conveyance.
9.
Ordinances Section 23-11(a)(3) because there is no direct or anecdotal evidence
to support a contention that the granting of the variance would be detrimental to
the public health, safety or welfare, or injurious to other property in the area.
10.
Ordinances Section 23-11(a)(4) because there is no direct or anecdotal evidence
to support a contention that the granting of the variance would have the effect of
preventing the orderly subdivision of other land in the area in accordance with
the provisions of City of Eagle Pass Code of Ordinances Chapter 23.
11.
approval of the variance request as set forth in City of Eagle Pass Code of
Ordinances Section 23-11(c) because the variance, if granted, would be in
harmony with the general purpose and intent of City of Eagle Pass Code of
Ordinances Chapter 23-2, which states that the purpose of City of Eagle Pass
Code of Ordinances Chapter 23 is to protect and promote the health, safety,
morals and general welfare of the community and to achieve the safe, orderly
and helpful urban development through land subdivision of undeveloped areas
within the city by (1) providing for lots of sufficient size, to provide for adequate
improvements and facilities, and appropriate design for the purpose for which
they are used, (2) providing for the construction and installation of streets,
easements, alleys, sidewalks, public utilities and other facilities, (3) providing
uniformity of street width, access to lands, minimization of traffic congestion and
safety hazards, and prevention of the subdivision of land which is subject to
flooding or otherwise unsuitable for subdivision, (4) promoting and developing
the utilization of land to assure the best possible community environment, and
(5) providing adequate municipal services and safe streets in accordance with
the development plan of the City of Eagle Pass.
There is no direct or anecdotal evidence that would indicate that the granting of
this variance would lead a reasonable person to conclude that the public health,
43
13
safety and welfare would be endangered or that substantial justice would not be
served by such an approval.
(12)
F.
The subdivision variance request, based upon the findings set forth in
Conclusion 1 through and including Conclusion 11 of this Report, should be
granted.
Planning and Zoning Commission Action
The Planning and Zoning Commission conducted a public hearing on April 11, 2013 to
consider the subdivision variance request.
Upon due consideration of the written record and comments provided at the public
hearing, the Commission voted unanimously to approve the subdivision variance and
recommend same to the City Council.
G.
Planning and Zoning Commission Recommendation
The City Council RATIFY and AFFIRM the Planning and Zoning Commission’s April 11,
2013 grant of a subdivision variance to eliminate the requirement to plat a property
legally defined as the “North 40-feet of Lot 295 in Chula Vista Heights Subdivision Unit
2” prior to obtaining city water and sewer service and any building permit-related
inspection for the construction of a residential dwelling unit.
TRANSMITTED to the parties listed hereafter:
Maria Antonia Rodriguez
City of Eagle Pass Planning and Zoning Commission via e-mail
Planning and Zoning Commission Record of Action dated April 4, 2014
Copies of Attachments are available at City Secretary’s Office.
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
44
14
Item
#9
45
NO LEASE OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN
APPROVED FOR SIGNATURE BY THE ADMINISTRATIVE COUNSEL.
The term for a District Office Lease for the 113th Congress may not commence prior to January
3, 2013.
Members should endeavor to lease space through the last day of a congressional term rather
than the last day of a calendar year. For the 113th Congress, leases should end on January 2,
2015, not December 31, 2014.
•
The preamble has three blank lines to be filled in: (1) Landlord’s name; (2) Landlord’s address;
and (3) Member/Member-Elect’s name.
•
Section 1 has three blank lines to be filled in: (1) Square footage of office that is being leased
(optional); (2) Street address of office being leased; and (3) City, state and ZIP code where office
is being leased.
•
Section 2 has four boxes that can be checked on whether any parking is included in the lease –
two of the options each have a blank line to be filled in if the lease includes any assigned and/or
unassigned parking spaces.
•
Section 3 has two blank lines to be filled in: (1) Date lease begins (must be on or after January 3,
2013); and (2) Date lease ends (must be on or before January 2, 2015).
•
Section 4 has one blank line for the monthly rent amount (write “zero” if no rent is to be paid).
•
Section 5 has one blank line – the number of days’ notice required for either party to terminate
the lease before the end of the term. A standard period is 30 days, but any figure is acceptable. If
the lease may not be terminated early, enter “N/A” in this blank.
•
Sections 1–10, other than filling in the blanks, may not be altered or deleted.
•
Section 11 has space provided to list any additional lease provisions.
•
Prior to either party signing a lease, the Member/ Member-Elect must submit the proposed
lease, accompanied by a copy of the District Office Lease Attachment for the 113th
Congress, to the Administrative Counsel for review and approval. If the proposed terms and
conditions of the lease are determined to be in compliance with applicable law and House Rules
and Regulations, the Administrative Counsel will notify the Member/Member-Elect that (s)he
may proceed with the signing of the lease. Please submit the proposed lease and District Office
Lease Attachment either by e-mail in PDF form ([email protected]) or fax (202-225-6999).
•
The Member/ Member-Elect is required to personally sign the documents. A signed and
dated District Office Lease Attachment must accompany this lease.
•
Once signed by both parties, the Lease and the District Office Lease Attachment must be
submitted to the Administrative Counsel for final approval. They may be sent by email in PDF
form or faxed to 202-225-6999, but the originals still must be submitted by inter office mail (217
Ford House Office Building, Washington, D.C. 20515) after emailing or faxing.
•
If approved, Administrative Counsel will send them to Finance so that payment can begin. If
there are errors, you will be contacted and required to correct them before the lease is approved.
46
Pursuant to 2 U.S.C. § 57, and the Regulations of the Committee on House Administration (as modified
from time to time by Committee Order) relating to office space in home districts, ___________________
City of Eagle Pass c/o City Manager
100 S. Monroe Street, Eagle Pass, Texas
_______________________________,
_____________________________________________________
(Landlord’s name)
(Landlord’s street address, city, state, ZIP code)
Congressman Pete Gallego
(“Lessor”), and _________________________________,
a Member/Member-Elect of the U.S. House of
Representatives (“Lessee”), agree as follows:
1.
142.6
Location. Lessor shall lease to Lessee _____________
square feet of office space located at
100
S.
Monroe
St.
______________________________________________________________________________
(Office street address)
Eagle Pass, TX 78852
in the city, state and ZIP code of __________________________________________.
(Office city, state and ZIP)
2.
Parking. The Lease includes (please check any and all that apply):
□ ____ parking spaces that are assigned
✔
□
____ parking spaces that are unassigned
□ General off-street parking on an as available basis
□ No off-street parking
3.
Term. Lessee shall have and hold the leased premises for the period beginning
January 18
14
January 3,
2015
________________,
20______
and ending ________________,
20______.
The term of this
District Office Lease (“LEASE”) may not exceed two years and may not extend beyond January
2, 2015, which is the end of the constitutional term of the Congress to which the Member is
elected.
4.
$0.00
Rent. The monthly rent shall be ________________,
and is payable in arrears on or before the
last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily
basis for any fraction of a month of occupancy.
5.
30
Early Termination. This Lease may be terminated by either party giving ______
days’ prior
written notice to the other party. The commencement date of such termination notice shall be the
date such notice is delivered or, if mailed, the date such notice is postmarked.
6.
Payments. During the term of this Lease, rent payments under Section 4 shall be remitted to the
Lessor by the Chief Administrative Officer of the U.S. House of Representatives (“CAO”) on
behalf of the Lessee.
7.
District Office Lease Attachment for 113th Congress. The District Office Lease Attachment
attached hereto is incorporated herein by reference, and this Lease shall have no force or effect
unless and until accompanied by an executed District Office Lease Attachment for the 113th
Congress.
8.
Counterparts. This Lease may be executed in any number of counterparts and by facsimile
copy, each of which shall be deemed to be an original but all of which together shall be deemed
to be one and the same instrument.
47
9.
Section Headings. The section headings of this Lease are for convenience of reference only and
shall not be deemed to limit or affect any of the provisions hereof.
10.
Modifications. Any amendments, additions or modifications to this Lease inconsistent with
Sections 1 through 9 above shall have no force or effect to the extent of such inconsistency.
11.
Other. Additionally, the Lessor and the Lessee agree to the following:
IN WITNESS WHEREOF, the parties have duly executed this District Office Lease as of the later date
written below by the Lessor or the Lessee.
Pete P. Gallego
______________________________________
Print Name (Lessor/Landlord)
______________________________________
Print Name (Lessee)
______________________________________
Lessor Signature
______________________________________
Lessee Signature
______________________________________
Date
______________________________________
Date
Save
January 15, 2014
Print
48
The District Office Lease Attachment (“Attachment”) is a four-page document that must accompany
every Lease or District Office Lease Amendment (“Amendment”) that is submitted for a
Member/Member-Elect’s District Office.
NO LEASE, AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE
BEEN APPROVED FOR SIGNATURE BY THE ADMINISTRATIVE COUNSEL.
The term of a District Office Lease or Amendment for the 113th Congress may not commence
prior to January 3, 2013.
Members should endeavor to lease space through the last day of a congressional term rather than
the last day of a calendar year. For the 113th Congress, leases should end on January 2, 2015, not
December 31, 2014.
Four things are required:
1. The signature of the Landlord and date;
2. The signature of the Member/ Member-Elect of Congress and date;
3. Contact information for the person in the Member/ Member-Elect’s office whom we should call if
there are any problems or questions (scheduler, etc.); and
4. The signature from the Office of the Administrative Counsel.
A few things to keep in mind:
•
The Member/ Member-Elect is required to personally sign the documents.
•
The Attachment SHALL NOT have any provisions deleted or changed.
•
Even if rent is zero, an Attachment is still required.
•
Prior to either party signing a Lease or Amendment, the Member/ Member-Elect must
submit the proposed Lease or Amendment, accompanied by a copy of the Attachment, to
the Administrative Counsel for review and approval. If the Administrative Counsel
determines that the proposed terms and conditions of the Lease or Amendment are in compliance
with applicable law and House Rules and Regulations, the Administrative Counsel will notify the
Member/Member-Elect that (s)he may proceed with the execution of the Lease or Amendment.
Please submit the proposed Lease or Amendment and Attachment either by e-mail in PDF form
([email protected]) or by fax (202-225-6999).
•
Once signed by both parties, the Lease or Amendment and the Attachment must be submitted to
the Administrative Counsel for final approval. The Attachment should be submitted at the same
time the Lease or Amendment is sent to the Administrative Counsel. They may be sent by email
in PDF form or faxed to (202-225-6999), but the originals still must be submitted by interoffice
mail (217 Ford House Office Building, Washington, D.C. 20515) after emailing or faxing.
•
Without a properly signed and submitted Attachment, the Lease or Amendment cannot be
approved and payments will not be made.
•
The parties agree that any charges for default, early termination or cancellation of the Lease or
Amendment which result from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee, and are not reimbursable from the Member’s Representational
Allowance.
49
1.
Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee
(Member/Member-Elect of the U.S. House of Representatives) agree that this District Office
Lease Attachment (“Attachment”) is incorporated into and made part of the Lease (“Lease”) and,
if applicable, District Office Lease Amendment (“Amendment”) to which it is attached.
2.
Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives
(“House”) nor its Officers are liable for the performance of the Lease. Lessor further expressly
acknowledges that payments made by the Chief Administrative Officer of the House (“CAO”) to
Lessor to satisfy Lessee’s rent obligations under the Lease – which payments are made solely on
behalf of Lessee in support of his/her official and representational duties as a Member of the
House – shall create no legal obligation or liability on the part of the CAO or the House
whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor
expressly agrees to look solely to Lessee for such performance.
3.
Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and
Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for
the CAO (“Administrative Counsel”) must review and give approval of any amendment to the
Lease prior to its execution.
4.
Compliance with House Rules and Regulations. Lessor and Lessee understand and
acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement
of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that
it complies with the Rules of the House and the Regulations of the Committee on House
Administration, and approved the Lease by signing on page 4 of this Attachment.
5.
Payments. The Lease is a fixed term lease with monthly installments for which payment is due
in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor
agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the
dispute before contacting Lessee.
6.
Void Provisions. Any provision in the Lease purporting to require the payment of a security
deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary
the dollar amount of the rent specified in the Lease by any cost of living clause, operating
expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure
during the term of the Lease shall have no force or effect.
7.
Certain Charges. The parties agree that any charge for default, early termination or cancellation
of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee.
8.
Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office
during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a)
terminate the Lease by giving thirty (30) days’ prior written notice to Lessor; or (b) assume the
obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60)
days following the certification of the election of the Lessee’s successor. In the event the Clerk
elects to terminate the Lease, the commencement date of such thirty (30) day termination notice
shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice
is postmarked.
50
9.
Term. The term of the Lease may not exceed the constitutional term of the Congress to which
the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office.
Should the Member-Elect not take office to serve as a Member of the 113th Congress, the Lease
will be considered null and void.
10.
Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease,
the terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance, U.S. House of Representatives, B-245 Longworth House Office Building, Washington,
D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer,
U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515.
11.
Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in
writing in the event Lessor sells, transfers, or otherwise disposes of the leased premises; in the
event Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the
event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee
shall promptly file a copy of any such notice with the Office of Finance, U.S. House of
Representatives, B-245 Longworth House Office Building, Washington, D.C. 20515.
12.
Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased
premises (usually used in instances when the Lessor is selling or refinancing the building) upon
the request of the Lessor. Such an estoppel certificate shall not require the review and approval
of the Administrative Counsel.
13.
Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense,
all public and common areas of the building including, but not limited to, all sidewalks, parking
areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas.
14.
Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair
or replace as needed, at its sole expense, all structural and other components of the premises
including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors,
foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating
systems or equipment (including window air conditioning units provided by the Lessor) serving
the premises.
15.
Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to
persons or property, sustained by Lessee or any of his or her employees or guests, caused by
Lessor’s failure to fulfill its obligations under Sections 13 and 14.
16.
Initial Alterations. Lessor shall make any initial alterations to the leased premises to prepare the
leased premises for Tenant’s initial occupancy thereof, as requested by Lessee and subject to
Lessor’s consent, which shall not be unreasonably withheld. The cost of such initial alterations
shall be included in the annual rental rate.
17.
Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 267180, satisfies any and all obligations on the part of the Lessee to purchase private liability
insurance. Lessee shall not be required to provide any certificates of insurance to Lessor.
51
18.
Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House’s
officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to
any third party that may arise during or as a result of the Lease or Lessee’s tenancy.
19.
Compliance with Laws. Lessor shall be solely responsible for complying with all applicable
permitting and zoning ordinances or requirements, and with all local and state building codes,
safety codes and handicap accessibility codes (including the Americans with Disabilities Act),
both in the common areas of the building and the leased space of the Lessee.
20.
Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds
Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all
banking information necessary to facilitate such payments.
21.
Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made
to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended
or been terminated.
22.
Conflict. Should any provision of this Attachment be inconsistent with any provision of the
attached Lease or attached Amendment, the provisions of this Attachment shall control, and those
inconsistent provisions of the Lease or the Amendment shall have no force and effect to the
extent of such inconsistency.
23.
Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or
neuter gender include all other genders and, wherever appropriate, words in the singular include
the plural and vice versa.
24.
Fair Market Value. The Lease or Amendment is entered into at fair market value as the result
of a bona fide, arms-length, marketplace transaction. The Lessor and Lessee certify that the
parties are not relatives nor have had, or continue to have, a professional or legal relationship
(except as a landlord and tenant).
25.
District Certification. The Lessee certifies that the office space that is the subject of the Lease is
located within the district the Lessee was elected to represent unless otherwise authorized by
Regulations of the Committee on House Administration.
26.
Counterparts. This Attachment may be executed in any number of counterparts and by
facsimile copy, each of which shall be deemed to be an original but all of which together shall be
deemed to be one and the same instrument.
27.
Section Headings. The section headings of this Attachment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
[Signature page follows.]
52
IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the
later date written below by the Lessor or the Lessee.
______________________________________
Print Name (Lessor)
Pete P. Gallego
______________________________________
Print Name (Lessee)
______________________________________
Lessor Signature
______________________________________
Lessee Signature
______________________________________
Date
January 15, 2014
______________________________________
Date
From the Member’s Office, who is the point of contact for questions?
Rene Munoz
202
225-4511
rene.munoz
Name_____________________
Phone (_____)
__________
E-mail [email protected]
This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are
approved, pursuant to Regulations of the Committee on House Administration.
Signed _________________________________________________ Date ________________________, 20______.
(Administrative Counsel)
Save
Print
53

Special - City of Eagle Pass

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