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PUBLIC NOTICE COMMISSIONERS COURT MEETING WEBB COUNTY COURTHOUSE 1000 HOUSTON STREET, 2ND FLOOR LAREDO, TEXAS 78040 NOVEMBER 27, 2023 9:00 a.m.
1. CALL TO ORDER BY THE HONORABLE TANO E. TIJERINA, WEBB COUNTY JUDGE
1. Roll Call by Honorable Margie Ramirez-Ibarra, Webb County Clerk
2. Pledge of Allegiance/Invocation
3. Discussion and possible action for Approval of Bills, Payroll, and Monthly Reports (Auditor, Treasurer, Business Office, Human Resources, Risk Management, Tax Assessor-Collector; and any other Department reports); and any other matters incident thereto.
CONSENT AGENDA: At most meetings, the Commissioners Court establishes a Consent Agenda. It consists of those Agenda Items which are routine or non-controversial, and which neither a member of the Commissioners court has asked to be pulled for discussion. Once the Commissioners Court has established the Consent Agenda, Agenda Items included on it will be voted upon in one vote, and will not be discussed separately unless requested by the County Judge or Commissioners. The consent agenda has been created in order to give constituents the opportunity to view any and all pertinent backup information with reference to any item in the agenda. The objective of the consent agenda is for all Webb County constituents to be familiar with everyday county business and to demonstrate the transparency and fairness of this Commissioners Court. The following Agenda Items are of a routine nature, and the Commissioners Court has received supporting materials for consideration. All of these Agenda Items will be passed with one vote without being discussed separately, unless a member of the Commissioners Court or the public requests that a particular Agenda Item be discussed. If so, that Agenda Item will be pulled from the Consent Agenda and discussed as part of the regular Agenda at the appropriate time. One vote will approve the remaining items on the Consent Agenda. CONSENT ITEMS
10. Honorable Marco Montemayor, County Attorney
a. Discussion and possible action to exchange Slot #0239 from the County Attorney's Office with Slot #0250 from the Civil Legal Division, effective December 1, 2023; and any other matters incident thereto. Issue: Slot #0239 in the County Attorney's Office will become vacant on December 1, 2023 and will need to be filled. Solution: Slot #0250 from the Civil Legal Division is currently occupied and will be transferred to the County Attorney's Office. Result: Transfer of slots will allow for immediate filling of Slot 0250 in the County Attorney's Office.
5. Civil Legal Division
18. Discussion and possible action to enter into a tax abatement agreement, pursuant to the County’s Tax Abatement Guidelines And Criteria under the Property Redevelopment And Tax Abatement Act, Chapter 312 of the Texas Tax Code, as requested by Seven Flags BESS LLC, for approximately $103,000,000 in improvements related to the storage of electricity using batteries for a ten year period and being a 100% tax abatement of ad valorem taxes (maintenance and operation only), with payments in lieu of taxes (PILOT payments) to be made annually to Webb County and any matters incident thereto; authorizing the county judge to sign all relevant documents. The property subject to the abatement agreement comprises approximately 5 acres and is located approximately 2 miles east of Cuatro Vientos Boulevard and approximately twelve hundred feet north of Eistetter Road (a/k/a Wormser Road) within The Webb County Seven Flags Bess Reinvestment Zone Number 1.
6. Engineer
19. Discussion and possible action to approve Change Orders No. 2, 3 & 5 in the amount of $66,122.96 for Quantcorp Construction LLC for the Webb County Detoxification Facility Project; and have the County Judge sign any relevant documents and any other matters incident thereto. [Account #3902-7230-001-474501 (Construction in Progress} Issue: Requesting change orders to replace an exterior gas line so that the building can have hot running water, apply exterior wall moisture prevention and approve contract extension time which will increase by eighty-seven (87) days. The new date of Substantial completion will be January 25, 2024. Solution: Approval of change orders by Commissioner Court. Result: Approval of change orders will continue and finish with project modifications.
7. Planning
20. Discussion and possible action to authorize County staff to draw the necessary funds in an amount up to $5,605,547.44 from the standby Letter of Credit No. SBP702794 (International Bank of Commerce) as required to complete pending public road improvements required by the final plat of the Gateway Unit 1 Subdivision in the event that, on or before December 6, 2023, the developer fails to either: 1) complete the final improvements as required by the final plat approval of the Gateway Unit 1 Subdivision plat; or 2) provide a reasonable time extension to the financial guarantee. Issue: Item is a regulatory compliance matter of the Subdivision Regulations and State law. In lieu of completion of public improvements triggered by plat requirements at the time of the Court’s final approval, a developer may submit a financial guarantee to ensure the completion of those pending improvements. Time extensions to financial guarantees are available by the Subdivision Regulations. The current financial guarantee expires December 6, 2023. The Planning Department began coordinating with the project engineer on September 6, 2023 on a public improvement construction status. It was determined with the assistance of the Webb County Engineering Department that approximately 30% of the work had been completed. On October 26, 2023, the Planning and Civil Legal Departments met with a developer representative to advise him of the intent to draw the funds if an extension was not submitted by 9 a.m. on November 27, 2023. The representative stated that he would talk to the developer. On November 7, 2023, a formal notice was submitted to the developer and project engineer, that the financial guarantee was soon to expire and an extension should be submitted no later than 9 a.m. on November 27, 2023. Since an extension was not filed in time, this item has been placed for the court’s authorization to draw the funds. Solution: Drawing the funds will allow the County to ensure completion of public improvements and compliance with Subdivision Regulations and State law. Result: Subdivision Regulations and State law requirements will be met.
8. Commissioners Court Administrator PUBLIC HEARING
21. Public Hearing on the proposed Webb County Property Assessed Clean Energy (PACE) Program in accordance with the requirements of the Property Assessed Clean Energy Act as set forth in Texas Local Government Code Chapter 399. CLOSE PUBLIC HEARING
22. Discussion and possible action to consider and take possible action on a Resolution to Establish the Webb County Property Assessed Clean Energy (PACE) Program, by Order of the Webb County Commissioners Court, in accordance with the requirements of the Property Assessed Clean Energy Act as set forth in Texas Local Government Code Chapter 399; and any other matters incident thereto.
23. Discussion and possible action to approve a professional services agreement with Texas PACE Authority to administer the Webb County PACE Program; and any other matters incident thereto.
24. Discussion and possible action to authorize the county purchasing agent to solicit a Request for Qualifications (RFQ’s) for professional services from an independent attorney or law firm to prepare contracts, agreements or any other assigned transactional documents between individuals or businesses and Webb County pursuant to the Professional Services Procurement Act; and any other matters incident thereto.
9. Honorable Ricardo A. Jaime, Webb County Commissioner Pct. 4
25. Discussion and possible action to authorize the acquisition of a temporary construction easement across Tract 62 Ranchos Penitas West Unit V and Tract 35 Ranchos Penitas West Unit V and any matters incident thereto.
26. Discussion and possible action to enter into Work Authorization #1 with Top Site Civil Group, LLC for surveying two tracts in Penitas West (Tract 62 Ranchos Penitas West Unit V and Tract 35 Ranchos Penitas West Unit III), a roadway right-of-way survey on a portion of Rancho Barranco Road and construction staking of the road in an amount not to exceed Seven Thousand Dollars ($7,000.00) and any matters incident thereto; authorizing the County Judge to sign all relevant documents. [Funding: Professional Services, General Fund, Account #1001-1130-001-432001]
10. Honorable Tano E. Tijerina, Webb County Judge
27. Discussion and possible action to authorize the Purchasing Agent to advertise a Request For Qualifications for a professional preservation architect to assist in the process of evaluating the current state of the Webb County Courthouse and set priorities for rehabilitation and maintaining the building in accordance with the Texas Professional Services Procurement Act and any other matters incident thereto. [Requested by Account #1001-1130-001-432001 (Professional Services)] Issue: Webb County proposes to develop an application to the Texas Historical Commission Courthouse Grant Program. A prerequisite to the application is to have a courthouse master plan for preserving and maintaining a historic county courthouse. Webb County must hire a professional preservation architect to assist in this process. That will help Webb County evaluate the current state of the courthouse in setting priorities for rehabilitation and maintaining the building. A master plan must include a history of the building, photographs and drawings. A thorough evaluation of the existing conditions and the plan for the future with an estimated budget for all proposed work. Solution: Authorize the solicitation of these requested professional services & hire a licensed professional preservation architect to prepare the master plan. Result: By acquiring the courthouse master plan, it will qualify Webb County to submit an application to the Texas Historical Commission-Courthouse Grant Program for future funding consideration.
28. Discussion and possible action to proclaim the month of November as National Adoption Awareness month.
Nov 27, 2023 Commissioners Court Meeting
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PUBLIC NOTICE COMMISSIONERS COURT MEETING WEBB COUNTY COURTHOUSE 1000 HOUSTON STREET, 2ND FLOOR LAREDO, TEXAS 78040 NOVEMBER 27, 2023 9:00 a.m.
1. CALL TO ORDER BY THE HONORABLE TANO E. TIJERINA, WEBB COUNTY JUDGE
1. Roll Call by Honorable Margie Ramirez-Ibarra, Webb County Clerk
2. Pledge of Allegiance/Invocation
3. Discussion and possible action for Approval of Bills, Payroll, and Monthly Reports (Auditor, Treasurer, Business Office, Human Resources, Risk Management, Tax Assessor-Collector; and any other Department reports); and any other matters incident thereto.
CONSENT AGENDA: At most meetings, the Commissioners Court establishes a Consent Agenda. It consists of those Agenda Items which are routine or non-controversial, and which neither a member of the Commissioners court has asked to be pulled for discussion. Once the Commissioners Court has established the Consent Agenda, Agenda Items included on it will be voted upon in one vote, and will not be discussed separately unless requested by the County Judge or Commissioners. The consent agenda has been created in order to give constituents the opportunity to view any and all pertinent backup information with reference to any item in the agenda. The objective of the consent agenda is for all Webb County constituents to be familiar with everyday county business and to demonstrate the transparency and fairness of this Commissioners Court. The following Agenda Items are of a routine nature, and the Commissioners Court has received supporting materials for consideration. All of these Agenda Items will be passed with one vote without being discussed separately, unless a member of the Commissioners Court or the public requests that a particular Agenda Item be discussed. If so, that Agenda Item will be pulled from the Consent Agenda and discussed as part of the regular Agenda at the appropriate time. One vote will approve the remaining items on the Consent Agenda. CONSENT ITEMS
10. Honorable Marco Montemayor, County Attorney
a. Discussion and possible action to exchange Slot #0239 from the County Attorney's Office with Slot #0250 from the Civil Legal Division, effective December 1, 2023; and any other matters incident thereto. Issue: Slot #0239 in the County Attorney's Office will become vacant on December 1, 2023 and will need to be filled. Solution: Slot #0250 from the Civil Legal Division is currently occupied and will be transferred to the County Attorney's Office. Result: Transfer of slots will allow for immediate filling of Slot 0250 in the County Attorney's Office.
5. Civil Legal Division
18. Discussion and possible action to enter into a tax abatement agreement, pursuant to the County’s Tax Abatement Guidelines And Criteria under the Property Redevelopment And Tax Abatement Act, Chapter 312 of the Texas Tax Code, as requested by Seven Flags BESS LLC, for approximately $103,000,000 in improvements related to the storage of electricity using batteries for a ten year period and being a 100% tax abatement of ad valorem taxes (maintenance and operation only), with payments in lieu of taxes (PILOT payments) to be made annually to Webb County and any matters incident thereto; authorizing the county judge to sign all relevant documents. The property subject to the abatement agreement comprises approximately 5 acres and is located approximately 2 miles east of Cuatro Vientos Boulevard and approximately twelve hundred feet north of Eistetter Road (a/k/a Wormser Road) within The Webb County Seven Flags Bess Reinvestment Zone Number 1.
6. Engineer
19. Discussion and possible action to approve Change Orders No. 2, 3 & 5 in the amount of $66,122.96 for Quantcorp Construction LLC for the Webb County Detoxification Facility Project; and have the County Judge sign any relevant documents and any other matters incident thereto. [Account #3902-7230-001-474501 (Construction in Progress} Issue: Requesting change orders to replace an exterior gas line so that the building can have hot running water, apply exterior wall moisture prevention and approve contract extension time which will increase by eighty-seven (87) days. The new date of Substantial completion will be January 25, 2024. Solution: Approval of change orders by Commissioner Court. Result: Approval of change orders will continue and finish with project modifications.
7. Planning
20. Discussion and possible action to authorize County staff to draw the necessary funds in an amount up to $5,605,547.44 from the standby Letter of Credit No. SBP702794 (International Bank of Commerce) as required to complete pending public road improvements required by the final plat of the Gateway Unit 1 Subdivision in the event that, on or before December 6, 2023, the developer fails to either: 1) complete the final improvements as required by the final plat approval of the Gateway Unit 1 Subdivision plat; or 2) provide a reasonable time extension to the financial guarantee. Issue: Item is a regulatory compliance matter of the Subdivision Regulations and State law. In lieu of completion of public improvements triggered by plat requirements at the time of the Court’s final approval, a developer may submit a financial guarantee to ensure the completion of those pending improvements. Time extensions to financial guarantees are available by the Subdivision Regulations. The current financial guarantee expires December 6, 2023. The Planning Department began coordinating with the project engineer on September 6, 2023 on a public improvement construction status. It was determined with the assistance of the Webb County Engineering Department that approximately 30% of the work had been completed. On October 26, 2023, the Planning and Civil Legal Departments met with a developer representative to advise him of the intent to draw the funds if an extension was not submitted by 9 a.m. on November 27, 2023. The representative stated that he would talk to the developer. On November 7, 2023, a formal notice was submitted to the developer and project engineer, that the financial guarantee was soon to expire and an extension should be submitted no later than 9 a.m. on November 27, 2023. Since an extension was not filed in time, this item has been placed for the court’s authorization to draw the funds. Solution: Drawing the funds will allow the County to ensure completion of public improvements and compliance with Subdivision Regulations and State law. Result: Subdivision Regulations and State law requirements will be met.
8. Commissioners Court Administrator PUBLIC HEARING
21. Public Hearing on the proposed Webb County Property Assessed Clean Energy (PACE) Program in accordance with the requirements of the Property Assessed Clean Energy Act as set forth in Texas Local Government Code Chapter 399. CLOSE PUBLIC HEARING
22. Discussion and possible action to consider and take possible action on a Resolution to Establish the Webb County Property Assessed Clean Energy (PACE) Program, by Order of the Webb County Commissioners Court, in accordance with the requirements of the Property Assessed Clean Energy Act as set forth in Texas Local Government Code Chapter 399; and any other matters incident thereto.
23. Discussion and possible action to approve a professional services agreement with Texas PACE Authority to administer the Webb County PACE Program; and any other matters incident thereto.
24. Discussion and possible action to authorize the county purchasing agent to solicit a Request for Qualifications (RFQ’s) for professional services from an independent attorney or law firm to prepare contracts, agreements or any other assigned transactional documents between individuals or businesses and Webb County pursuant to the Professional Services Procurement Act; and any other matters incident thereto.
9. Honorable Ricardo A. Jaime, Webb County Commissioner Pct. 4
25. Discussion and possible action to authorize the acquisition of a temporary construction easement across Tract 62 Ranchos Penitas West Unit V and Tract 35 Ranchos Penitas West Unit V and any matters incident thereto.
26. Discussion and possible action to enter into Work Authorization #1 with Top Site Civil Group, LLC for surveying two tracts in Penitas West (Tract 62 Ranchos Penitas West Unit V and Tract 35 Ranchos Penitas West Unit III), a roadway right-of-way survey on a portion of Rancho Barranco Road and construction staking of the road in an amount not to exceed Seven Thousand Dollars ($7,000.00) and any matters incident thereto; authorizing the County Judge to sign all relevant documents. [Funding: Professional Services, General Fund, Account #1001-1130-001-432001]
10. Honorable Tano E. Tijerina, Webb County Judge
27. Discussion and possible action to authorize the Purchasing Agent to advertise a Request For Qualifications for a professional preservation architect to assist in the process of evaluating the current state of the Webb County Courthouse and set priorities for rehabilitation and maintaining the building in accordance with the Texas Professional Services Procurement Act and any other matters incident thereto. [Requested by Account #1001-1130-001-432001 (Professional Services)] Issue: Webb County proposes to develop an application to the Texas Historical Commission Courthouse Grant Program. A prerequisite to the application is to have a courthouse master plan for preserving and maintaining a historic county courthouse. Webb County must hire a professional preservation architect to assist in this process. That will help Webb County evaluate the current state of the courthouse in setting priorities for rehabilitation and maintaining the building. A master plan must include a history of the building, photographs and drawings. A thorough evaluation of the existing conditions and the plan for the future with an estimated budget for all proposed work. Solution: Authorize the solicitation of these requested professional services & hire a licensed professional preservation architect to prepare the master plan. Result: By acquiring the courthouse master plan, it will qualify Webb County to submit an application to the Texas Historical Commission-Courthouse Grant Program for future funding consideration.
28. Discussion and possible action to proclaim the month of November as National Adoption Awareness month.
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