City Council Special Meeting February 22, 2019
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CityCouncil Special Meeting February 22,2019
AGENDA
CITY COUNCIL SPECIAL MEETING
FRIDAY FEBRUARY 22, 2019, AT 12:00 P.M. CST
COUNCIL CHAMBERS, CITY HALL BUILDING,
100 SOUTH MONROE STREET, EAGLE PASS,
MAVERICK COUNTY, TEXAS
ESTABLISHMENT OF QUORUM
MOMENT OF REVERENCE
CITIZENS COMMUNICATIONS AND RECOGNITIONS
PUBLIC HEARINGS
1. Public hearing on the proposed nomination of Microstar Quality Services, LLC located at 2022
Coconut Drive, Texas 78852 for an Enterprise Project Designation which relates to State sales tax
incentives and other tax incentives.
ORDINANCES
2. Consideration and possible approval of an ordinance authorizing the City Manager to submit an
Enterprise Zone Program application, on behalf of the City of Eagle Pass, pursuant to the Texas
Enterprise Zone Act, Chapter 2303, Texas Government Code (act), providing tax incentives,
designating the City Manager for communication with interested parties, and nominating Microstar
Quality Services, LLC to the Office of the Governor Economic Development and Tourism (EDT)
through the Economic Development Bank (bank) as an Enterprise Project (project); finding that the
meeting at which this ordinance is passed is open to the public as required by law; providing a
severability clause; and establishing an effective date.
3. Second reading of an ordinance amending Section 15-51, Article IV, Chapter 15 (Gas and Gas
Fittings) and Sections 26-210, (i) and (j), Article VIII, Chapter 26 (Traffic) of the Code of Ordinances
of the City of Eagle Pass by adding new subsections (A), (B), (C) (D), (E), (F) and (G) and Section
15-51.1 to designate new truck routes, definitions and signage of same ; finding that the meeting
at which this ordinance is passed is open to the public as required by law; providing a severability
clause; and establishing an effective date.
4. Third and final reading of an ordinance of the City Council of the City of Eagle Pass, Texas (i)
determining and declaring that a public necessity for public use exists for the acquisition of an
easement interest in a privately owned tract of land being a 0.149 acre-tract of land lying and
situated in Maverick County, Texas (“Easement”) out of a 74.40 acre-tract of land out of the R.
Casanova Survey 40, Abstract 77 lying and situated in Maverick County, Texas and owned by Rio
Estates, Ltd. (“Rio Estates”) described by metes and bounds in a conveyance from Chad Foster
and Lawrence Hiller to Rio Estates, Ltd. By Warranty Deed recorded in Volume 621, Page 136 of
the Official Public Records of Maverick County, Texas; (ii) authorizing the City of Eagle Pass, Texas
acting by and through its City of Eagle Pass Water Works System (“EPWWS”) to acquire by
negotiation and/or condemnation, if necessary, the Easement and related rights of ingress and
egress for the public purpose of locating, constructing, installing, aligning, realigning, inspecting,
patrolling, reconstructing, operating, maintaining, repairing, adding, upgrading, replacing and/or
removing public improvements including, but not limited to, a wastewater (sewer) main and related
appurtenances and facilities within the Easement in order to provide wastewater (sewer) service
to, and preserve and protect the public health, safety and welfare of the residents in and around
the Easement area; (iii) authorizing and directing the General Manager of EPWWS to take all
appropriate actions to acquire by negotiation and/or condemnation, if necessary, the Easement
from Rio Estates for the public purpose described above; and (iv) ratifying and affirming all prior
acts and proceedings done or initiated by employees, attorneys and/or agents of EPWWS relating
to the Easement; finding that the meeting at which this ordinance is passed is open to the public
as required by law; providing a severability clause; and establishing an effective date.
5. Third and final reading of an ordinance of the City of Eagle Pass, Texas electing to operate under
Chapter 2267 of the Texas Government Code; approving and adopting the Public Private
Partnership Guidelines; finding that the meeting at which this ordinance is passed is open to the
public as required by law; providing a severability clause; and establishing an effective date.
RESOLUTIONS
6. Consideration and possible approval of a resolution of the City of Eagle Pass to support the study
by the Texas Water Development Board and the Texas Commission on Environmental Quality set
forth by HB 990.
OTHER BUSINESS
7. Consideration and possible ratification of an agreement between the City of Eagle Pass and the
National Guard and/or the U.S. Army for the Right-of-Entry to access Shelby Park and the Eagle
Pass Golf Course.
ADJOURNMENT
The City Council reserves the right to consider business out of the posted order and the right to adjourn
into Executive Session to discuss items which are not listed as Executive Session items, but which
qualify to be discussed in closed session as permitted by the Texas Open Meetings Act, under Chapter
551 of the Texas Government Code.
Entrance and parking spaces for disabled persons are available in front of City Hall.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
Tuesday, February 19, 2019 at 11:45 a.m.
Imelda B. Rodriguez
City SecretaryItem #2
ORDINANCE NO. 2019-
AUTHORIZING THE CITY MANAGER TO SUBMIT AN
ENTERPRISE ZONE PROGRAM APPLICATION, ON BEHALF
OF THE CITY OF EAGLE PASS, PURSUANT TO THE TEXAS
ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS
GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES,
DESIGNATING THE CITY MANAGER FOR COMMUNICATION
WITH INTERESTED PARTIES, AND NOMINATING
MICROSTAR QUALITY SERVICES, LLC TO THE OFFICE OF
THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM
(EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK
(BANK) AS AN ENTERPRISE PROJECT (PROJECT); FINDING
THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING
AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Eagle Pass, Texas (City) desires to create the proper
economic and social environment to induce the investment of private resources in productive
business enterprises located in severely distressed areas of the city and to provide employment to
residents of such area; and
WHEREAS, the project or activity is located in an area designated as an enterprise zone; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, M has applied to the City for
designation as an enterprise project; and
WHEREAS, the City finds that Microstar Quality Services, LLC meets the criteria for tax relief
and other incentives adopted by the City on the grounds that it will be located at the qualified
business site, will create a higher level of employment, economic activity and stability; and
WHEREAS, public hearings to consider this ordinance were held by the City Council on
February 22 and February 26, 2019.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EAGLE PASS, TEXAS THAT:
SECTION 1. The City nominates Microstar Quality Services, LLC for enterprise project status.
SECTION 2. The following local incentives, at the election of the governing body, may be
made available to the nominated project or activity of the qualified business:
1) Local Sales Tax Refund
2) Tax Abatement
3) Tax Increment Financing
4) Zoning Changes/Variances5) Building Code Exemptions
6) Inspection fees
7) Streamlined Permitting
8) Improved Police and/or Fire Protection
9) Community Crime Prevention Programs
10) Capital Improvements in Water and Sewer Facilities
11) Road Repair
12) Creation or Improvement of Parks
13) Low-Interest Loans for Business
14) Provision of Publicly Owned Land for Development Purposes
15) One-Stop Permitting, Problem Resolution Center or Ombudsmen
16) Promotion and Marketing Services
17) Job Training and Employment Services
18) Retraining Program
19) Literacy and Employment Skills Programs
20) Vocational Education
21) Job training
22) The City may also authorize any other incentives not listed herein.
SECTION 3. The enterprise zone areas within the City are reinvestment zones in accordance
with the Texas Tax Code, Chapter 312.
SECTION 4. The City of Eagle Pass City Council directs and designates the City Manager as
the City's liaison to communicate and negotiate with the EDT through the Bank
and enterprise project and to oversee zone activities and communications with
qualified businesses and other entities in an enterprise zone or affected by an
enterprise project.
SECTION 5. The City finds that Microstar Quality Services, LLC meets the criteria for
designation as an enterprise project under Chapter 2303, Subchapter F of the Act
on the following grounds:
a.) Microstar Quality Services, LLC is a "qualified business" under Section
2303.402 of the Act since it will be engaged in the active conduct of a
trade or business at a qualified business site within the governing body's
jurisdiction, located in an enterprise zone and at least twenty-five percent
(25%) of the business' new employees will be residents of an enterprise
zone or economically disadvantaged individuals; and
(b.) There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities in the area; and
c.) The designation of Microstar Quality Services, LLC as an enterprise
project will contribute significantly to the achievement of the plans of theCity for development and revitalization of the area.
SECTION 6. The enterprise project shall take effect on the date of designation of the enterprise
project by EDT and terminate on __________, 2024.
SECTION 7. This Ordinance shall be in full force and effect from and after its final passage in
accordance with the City Charter of the City of Eagle Pass.
READ, PASSED, AND APPROVED ON FIRST READING on this 22th Day of February,
A.D., 2019.
ATTEST:
_____________________________ _________________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES:
NAYS:
ABSTAINED:
ABSENT:
READ, PASSED, AND APPROVED ON SECOND READING, this 26TH Day of February,
A.D., 2019.
ATTEST:
_____________________________ _______________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES:
NAYS:
ABSTAINED:
ABSENT:
READ, PASSED, AND APPROVED ON THIRD AND FINAL READING this 27TH Day of
February, A.D., 2019.
ATTEST:
_____________________________ ___________________________________
Ramsey English Cantu Imelda B. RodriguezMayor City Secretary AYES: NAYS: ABSTAINED: ABSENT: APPROVED AS TO FORM AND LEGALITY: _____________________________ Langley & Banack, Inc. City Attorney
Item #3
ORDINANCE NO. 2019
AN ORDINANCE AMENDING SECTION 15-51, ARTICLE
IV, CHAPTER 15 (GAS AND GAS FITTINGS) AND
SECTIONS 26-210, (i) and (j) ARTICLE VIII, CHAPTER 26
(TRAFFIC) OF THE CODE OF ORDINANCES OF THE CITY
OF EAGLE PASS BY ADDING NEW SUBSECTIONS (A), (B),
(C) (D), (E), (F) AND (G) AND SECTION 15-51.1 TO
DESIGNATE NEW TRUCK ROUTES, DEFINITIONS AND
SIGNAGE OF SAME ; FINDING THAT THE MEETING AT
WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; PROVIDING A
SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EAGLE PASS, TEXAS, as follows:
SECTION 1. That Section 15-51, Article IV, Chapter 15 of the Code of Ordinances of the City
of Eagle Pass, Texas is hereby amended by adding new subsections (A), (B), (C),
(D), (E), (F) and (G) and Section 15-51.1 to read as follows:
SEC. 15-51 TRUCK ROUTE
(A) Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Commercial vehicle means any vehicle, with a Gross Vehicle Weight Rating (GVWR) in excess of
26,000 pounds and used for the delivery of passengers, tools, materials, livestock or any vehicle
carrying hazardous materials. A “Recreational vehicle,” herein, is not considered a commercial
vehicle.
Recreation vehicle means personal vehicles such as boats and boat trailers, watercraft and
watercraft trailers, travel trailers, pickup campers or coaches (designed to be mounted on
automotive vehicles), motorized dwellings, tent trailers and the like, and all-terrain vehicles.
Trailer means a device without motive power designed for carrying persons, animals, or property on
its own structure and to be drawn by a vehicle with motive power. The term shall include, but not be
limited to, semitrailer, utility trailer, travel trailer and boat trailer.
Truck means a “commercial vehicle.”
Truck routes mean those routes which are designated in this article for the use of truck traffic.Truck traffic means the operation of any commercial vehicle including but not limited to truck,
truck tractor or combination of any truck, truck tractor, trailer or semitrailer that are considered
commercial vehicles. The operations of “recreational vehicle” are not considered to be truck traffic.
Vehicle means every device in, upon, or by which any person or property is or may be transported or
drawn upon water, a street or road including devices moved by an engine, a motor, a motor vehicle
or by human or animal power. Vehicle includes a trailer. Devices used exclusively upon stationary
rails or tracks are not considered vehicles.
(B) Compliance.
No person shall operate truck traffic upon any roads, avenues, streets or thoroughfares
within the city, except on those which are designated as truck routes in section (c), with the
exceptions as set forth in sections (d) and (e).
(C) Designated Routes.
For the purposes of this article, the following streets and thoroughfares within the city are
designated as truck routes:
STREET SEGMENT EXTENT
TX-480 Entire Stretch of TX-480
North Veterans Blvd. Between Spur 216 to US 277 N.
Spur 216 Between Veterans Blvd. to US 57 N.
US 57 N. FROM Spur 216 to TX-480
(D) Proceeding Directly to Routes.
If any truck traffic originating within the city shall have, as its point of origin, a point
located off a designated truck route, it shall proceed to the nearest point on a designated
truck route by the most direct route as possible. If such traffic shall originate outside the
city and enter the city at a point which is not a designated truck route, it shall proceed to the
nearest point on a designated truck route by the most direct route possible.
(E) Departing from Routes.
Truck traffic restricted to the streets designated as truck routes may depart from such truck
routes, where it is necessary for the immediate loading or unloading of property at locations
situated off designated truck routes. However, such truck traffic shall not leave any
designated truck route until it has reached a point on some designated truck route which is
nearest the applicable place of loading or unloading by the most direct route possible. After
leaving a designated truck route to load or unload, truck traffic may continue off truck
routes to as many points of destination as necessary. However, if in the course of makingnecessary stops for loading and unloading the truck traffic shall cross a designated truck
route, the truck traffic shall not again leave any designated truck route until it has reached a
point on some designated truck route which is nearest to the next place of loading and
unloading by the most direct route possible.
When, under section (d) , truck traffic originates off a designated truck route, whether inside
or outside the city, and the destination of the truck traffic is nearer the origin or point of
entering the city, as the case may be, than is the nearest point on a designated truck route by
the most direct route possible, it shall not be necessary to proceed to the nearest designated
truck route.
Driving to a place of business in a commercially zoned area shall be a defense for driving on
a non-truck route.
The City Manager may cause to be erected signs upon the streets which are not truck routes,
which signs shall be the type of conform to the Manual of Uniform Traffic Control Devices.
The City Manager may cause to be erected signs upon the streets to direct trucks to truck
routes, which signs shall be the type to conform to the Manual on Uniform Traffic Control
Devices.
When a street or roadway designated as a truck route is under repair or otherwise
temporarily out of use, the City Manager is authorized to designate alternate truck routes.
(F) Justification of departure.
A person operating any commercial vehicle including but not limited to truck, truck tractor
or combination of any truck, truck tractor, trailer, or which is not designated as truck route
by this article shall have in his possession for the inspection of police officers his log book,
delivery slips or other evidence of his destination and point of origin to justify the presence
of the vehicle on a street or roadway other than a designated truck route.
(G) Exceptions
• Emergency vehicles.
• Vehicles operated by a public utility while traveling in an assigned area for the
purpose of inspecting the facilities of the public utility and/or providing
maintenance service to such facilities.
• Municipal, County and State vehicles performing city and county business and
services, school buses and church buses.
Sec. 15-51.1 PENALTY CLAUSE; INCLUSION INTO THE CODE.
This Ordinance is hereby incorporated into and made a part of the City Code of Ordinance.
Any person who shall violate any provision of this Ordinance shall be deemed guilty of amisdemeanor and, upon conviction, shall be fined in an amount not more than ___$ amount
agreed ________ per offense or the maximum amount permitted by law. Each day of
violation shall constitute a separate offense.
Truck routes designated shall be unlawful to move, operate or drive any tank,
tank truck, trailer or other vehicle or motor vehicle containing, transporting or
hauling, or used or designed to contain, transport or haul, gasoline, gas or
liquefied petroleum gas, on any public street within the corporate limits of the
city other than the following prescribed truck routes or portions of same,
Over Del Rio Boulevard (the Del Rio Highway) and Second Street, and Ceylon
Street crossing Main Street (or on Main Street, east of Ceylon Street only); then
over South Ceylon Street (south of Main Street only) or over South Converse
Street (south of Main Street only); then over Rio Grande Street solely between
South Converse Street and South Monroe Street (to the south of Main Street);
then over South Monroe Street, and over either Garrison Street (between South
Monroe Street and the International Toll Bridge) or over El Indio Road (the El
Indio Highway); or then over such other routes or portions of same as may, from
time to time, be designated by ordinance as "truck routes".
SECTION 2. That Section 26-210 (i), Article VII, Chapter 26 of the Code of
Ordinances is amended to read as follows:
Truck routes.
(i) Truck routes. The city hereby finds that U.S. Highway 277 North from the
intersection of U.S. Highway 277 North and U.S. Highway 277 Business
(formerly Loop 431) through U.S. Highway 277 Business to the intersection
of U.S. Highway 277 Business (formerly Loop 431) and East Main Street
the streets set forth in City of Eagle Pass Code of Ordinances Section 15-51
is are designated as a truck routes.
(1) All trucks travelling from U.S. Highway 277 North to State Highway
57 and/or U.S. Highway 277 shall be required to use the truck route
designated herein through U.S. Highway 277 Business (formerly Loop 431)
looping around the city.
(2) All trucks travelling from State Highway 57 and/or U.S. Highway
277 South to U.S. Highway 277 North shall be required to use the truck
route designated herein through U.S. Highway 277 Business (formerly Loop
431) and looping around the city.(3) All trucks travelling from U.S. 277 North to State Highway 57 and/or
U.S. 277 South shall be required to use the truck route designated herein
through U.S. 277 Business (Loop 431) looping around the city.
(4) All trucks travelling from State Highway 57 and/or U.S. 277 South
to U.S. 277 North shall be required to use the truck route designated herein
through U.S. 277 Business (Loop 431) looping around the city.
(j) No through truck route except for deliveries. No person shall operate and/or
drive any motor propelled truck, tractor, tractor-trailer or any combination
thereof with an overall length of more than twenty-five (25) feet to travel,
park or unload upon the following a city public street or roadways set forth
in City of Eagle Pass Code of Ordinances Section 15-51, except as provided
for herein below for local deliveries and for access to vehicle-weighing
facilities.
(1) From the intersection of U.S. Highway 277 North and U.S. Highway 277
Business (Loop 431) south to Del Rio Boulevard to west on Second Street to
south on Ceylon Street to the intersection of U.S. Highway 277 Business and
Main Street. "No Through Truck Route Except Deliveries and Weighing
Facility Access” signs shall be posted throughout these streets.
SECTION 3. Severability. If any phrase, clause, sentence, paragraph or section of this
Ordinance is declared unconstitutional or unlawful by the valid judgment or
decree of a court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this Ordinance, since the phrases, clauses, sentences, paragraphs,
and sections would have been enacted by the city council without the
incorporation in this Ordinance of any such unconstitutional or unlawful
phase, clause, sentence, paragraph, or section.
SECTION 4. This Ordinance shall be in full force and effect from and after its final
passage in accordance with the City Charter of the City of Eagle Pass.READ, PASSED, AND APPROVED ON FIRST READING, this 5th day of February, 2019.
ATTEST:
________________________ _____________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES:
NAYS:
ABSTAINED:
ABSENT:
READ, PASSED, AND APPROVED ON SECOND READING, this ____ day of _____, 2019.
ATTEST:
_________________________ _______________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES:
NAYS:
ABSTAINED:
ABSENT:READ, PASSED, AND APPROVED ON THIRD AND FINAL READING this ____ day of
______, 2019.
ATTEST:
____________________________ _______________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES:
NAYS:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
______________________________
Langley & Banack, Inc.
City Attorneyblue lines-city limits red lines- truck route
Item #4
ORDINANCE NO. 2019-_____
AN ORDINANCE OF THE CITY OF EAGLE PASS, TEXAS (I)
DETERMINING AND DECLARING THAT A PUBLIC NECESSITY FOR
PUBLIC USE EXISTS FOR THE ACQUISITION OF AN EASEMENT
INTEREST IN A PRIVATELY OWNED TRACT OF LAND BEING A 0.149
ACRE-TRACT OF LAND LYING AND SITUATED IN MAVERICK
COUNTY, TEXAS (“EASEMENT”) OUT OF A 74.40 ACRE-TRACT OF
LAND OUT OF THE R. CASANOVA SURVEY 40, ABSTRACT 77 LYING
AND SITUATED IN MAVERICK COUNTY, TEXAS AND OWNED BY RIO
ESTATES, LTD. (“RIO ESTATES”) DESCRIBED BY METES AND
BOUNDS IN A CONVEYANCE FROM CHAD FOSTER AND LAWRENCE
HILLER TO RIO ESTATES, LTD. BY WARRANTY DEED RECORDED
IN VOLUME 621, PAGE 136 OF THE OFFICIAL PUBLIC RECORDS OF
MAVERICK COUNTY, TEXAS; (II) AUTHORIZING THE CITY OF
EAGLE PASS, TEXAS ACTING BY AND THROUGH ITS CITY OF
EAGLE PASS WATER WORKS SYSTEM (“EPWWS”) TO ACQUIRE BY
NEGOTIATION AND/OR CONDEMNATION, IF NECESSARY, THE
EASEMENT AND RELATED RIGHTS OF INGRESS AND EGRESS FOR
THE PUBLIC PURPOSE OF LOCATING, CONSTRUCTING,
INSTALLING, ALIGNING, REALIGNING, INSPECTING, PATROLLING,
RECONSTRUCTING, OPERATING, MAINTAINING, REPAIRING,
ADDING, UPGRADING, REPLACING AND/OR REMOVING PUBLIC
IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, A
WASTEWATER (SEWER) MAIN AND RELATED APPURTENANCES
AND FACILITIES WITHIN THE EASEMENT IN ORDER TO PROVIDE
WASTEWATER (SEWER) SERVICE TO, AND PRESERVE AND
PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE
RESIDENTS IN AND AROUND THE EASEMENT AREA; (III)
AUTHORIZING AND DIRECTING THE GENERAL MANAGER OF
EPWWS TO TAKE ALL APPROPRIATE ACTIONS TO ACQUIRE BY
NEGOTIATION AND/OR CONDEMNATION, IF NECESSARY, THE
EASEMENT FROM RIO ESTATES FOR THE PUBLIC PURPOSE
DESCRIBED ABOVE; AND (IV) RATIFYING AND AFFIRMING ALL
PRIOR ACTS AND PROCEEDINGS DONE OR INITIATED BY
EMPLOYEES, ATTORNEYS AND/OR AGENTS OF EPWWS RELATING
TO THE EASEMENT; FINDING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING
AN EFFECTIVE DATE
WHEREAS, the City of Eagle Pass, is Texas municipal corporation operating as a home
rule municipality (“City”) in accordance with the provisions of Chapter 26 of the Texas Local
Government Code and the Eagle Pass City Charter; and
L & B 07559/0001/L1537635.DOCX/WHEREAS, the City created and established a separate water and wastewater system
pursuant to Article X, Section 10-4(d) of the Eagle Pass City Charter for the use of the public to
furnish water and wastewater service and to make and collect such charges and fees for such water
and wastewater service as may be fixed by the City Council of the City (“City Council”); and
WHEREAS, the City’s water and wastewater system known as the City of Eagle Pass
Water Works System (“EPWWS”) (a) is owned by and is an agency of the City; and (b) manages
and operates (i) a water supply, treatment, storage, transmission and distribution system; and (ii) a
wastewater collection, transmission, treatment and disposal system; and
WHEREAS, EPWWS maintains and operates a 30-inch wastewater (sewer) collector main
(“Wastewater (Sewer) Main”) within an approximate 20-foot existing easement located on a 74.40
acre-tract owned by Rio Estates, Ltd.; and
WHEREAS, the approximate 20-foot easement was granted by Rio Estates to EPWWS
on or about May 10, 2004 and is lying and situated in Maverick County, Texas, more specifically
described in the Easement Agreement for Sanitary Sewer (“Existing Easement”) recorded in
Volume 802, Page 246 of the Official Public Records of Maverick County, Texas; and
WHEREAS, EPWWS experienced a Wastewater (Sewer) Main break on Wednesday,
November 14, 2018 on its Wastewater (Sewer) Main located on the Existing Easement; and
WHEREAS, EPWWS began emergency repairs on the Wastewater (Sewer) Main as it
carries a large load of sewage for area residents and failure to quickly repair the Wastewater
(Sewer) Main would have a health impact on the area residents; and
WHEREAS, EPWWS determined that part of the reconstruction of the Wastewater
(Sewer) Main would require re-routing a portion of the Wastewater (Sewer) Main outside the
Existing Easement; and
WHEREAS, in order to reroute the Wastewater (Sewer) Main, EPWWS has further
determined it is necessary to acquire, by negotiation or condemnation, an easement interest,
adjacent to the Existing Easement, in a privately owned tract of land being a 0.149 acre-tract of
land lying and situated in Maverick County, Texas (“Easement”) out of a 74.40 acre-tract of land
out of the R. Casanova Survey 40, Abstract 77 lying and situated in Maverick County, Texas and
owned by Rio Estates, Ltd. (“Rio Estates”) described by metes and bounds in a conveyance from
Chad Forster and Lawrence Hiller to Rio Estates, Ltd. By Warranty Deed recorded in Volume 621,
Page 136 of the Official Public Records of Maverick County, Texas, to be used for public
improvements including, but not limited to, wastewater (sewer) main and related appurtenances
and facilities; and
WHEREAS, the Easement is shown on the field notes and survey attached to this
Ordinance as Exhibits “A” and “B,” and incorporated herein for all purposes; and
WHEREAS, EPWWS will, therefore, need to purchase and acquire the Easement from
Rio Estates; and
L & B 07559/0001/L1537635.DOCX/WHEREAS, in the meantime, EPWWS needed an immediate right-of-entry upon the
proposed Easement for the public purpose specified above; and
WHEREAS, Rio Estates agreed to permit EPWWS and their employees, agents,
contractors, successors and assigns the right to immediately enter upon and take possession of the
Easement (embodied in a Right of Entry Agreement between the parties) so that EPWWS may use
and possess the Easement to the same effect as it (i) negotiations had been completed and
conveyance of the Easement to the City for the use and benefit of EPWWS had been made, or
alternatively (ii) a condemnation petition to acquire the Easement had been filed, a Special
Commissioners hearing had been held and the award of Special Commissioners had been deposited
in the registry of the Court; and
WHEREAS, the City Council desires to approve this Resolution (i) determining and
declaring that a public necessity for public use exists for the acquisition of the Easement; (ii)
authorizing the City acting by and through its EPWWS to acquire by negotiation and/or
condemnation, if necessary, the Easement and related rights of ingress and egress for the public
purpose of locating, constructing, installing, aligning, realigning, inspecting, patrolling,
reconstructing, operating, maintaining, repairing, adding, upgrading, replacing and/or removing
public improvements including, but not limited to, a wastewater (sewer) main and related
appurtenances and facilities within the Easement in order to provide wastewater (sewer) service
to, and preserve and protect the public health, safety and welfare of the residents in and around the
Easement area; (iii) authorizing and directing the General Manager of EPWWS to take all
appropriate actions to acquire by negotiation and/or condemnation, if necessary, the Easement
from Rio Estates for the public purpose stated above; and (iv) ratifying and affirming all prior acts
and proceedings done or initiated by employees, attorneys and/or agents of EPWWS relating to
the Easement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EAGLE PASS, TEXAS:
SECTION 1. That it is hereby determined and declared that a public necessity for public use
exists for the acquisition of the Easement described in Exhibits “A” and “B”
attached hereto and incorporated herein for all purposes.
SECTION 2. That the City acting by and through its EPWWS is hereby authorized to acquire
by negotiation and/or condemnation, if necessary, the Easement and related rights
of ingress and egress for the public purpose of locating, constructing, installing,
aligning, realigning, inspecting, patrolling, reconstructing, operating, maintaining
repairing, adding, upgrading, replacing and/or removing public improvements
including, but not limited to, a wastewater (sewer) main and related
appurtenances and facilities within the Easement in order to provide wastewater
(sewer) service to, and preserve and protect the public health, safety and welfare
of the residents in and around the Easement area.
L & B 07559/0001/L1537635.DOCX/SECTION 3. That the General Manager of EPWWS is hereby authorized and directed to take
all appropriate actions to acquire by negotiation and/or condemnation, if
necessary, the Easement from Rio Estates for the public purpose stated above.
SECTION 4. That all prior acts and proceedings done or initiated by employees, attorneys
and/or agents of EPWWS relating to the Easement are hereby ratified and
affirmed.
SECTION 5. It is officially found, determined and declared that the meeting at which this
Ordinance is adopted was open to the public, and that public notice of the time,
place, and subject matter of the public business to be conducted at such
meeting, including this Ordinance, was given to all as required by the Texas
Codes Annotated, as amended, Title 5, Chapter 551, Government Code.
SECTION 6. If any part, section, paragraph, sentence, phrase, or word of this Ordinance is
for any reason held to be unconstitutional, illegal, inoperative, invalid or
ineffective, or if any exception to or limitation upon any general provision
herein contained is held to be unconstitutional, illegal, inoperative, invalid or
ineffective, the remainder of this Ordinance shall nevertheless stand effective
and valid as if it had been enacted without the portion held to be
unconstitutional, illegal, inoperative, invalid or ineffective.
SECTION 7. This Ordinance becomes effective immediately upon its passage after the third
and final reading.
READ, PASSED, AND APPROVED ON FIRST READING on this 16th Day of January A.D.,
2019.
ATTEST:
_____________________________ __________________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES: English-Cantu, Villalpando, Davis, Sifuentes
NAYS: None
ABSTAINED: None
ABSENT: Ramon
READ, PASSED, AND APPROVED ON SECOND READING, this 5th Day of February,
L & B 07559/0001/L1537635.DOCX/A.D., 2019.
ATTEST:
_____________________________ __________________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES:
NAYS:
ABSTAINED:
ABSENT:
READ, PASSED, AND APPROVED ON THIRD AND FINAL READING this ____ Day of
February A.D., 2019.
ATTEST:
____________________________ __________________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES:
NAYS:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
______________________________
Langley & Banack, Inc.
City Attorney
L & B 07559/0001/L1537635.DOCX/Item #5
ORDINANCE NO. 2019-01R
AN ORDINANCE OF THE CITY OF EAGLE PASS, TEXAS ELECTING
TO OPERATE UNDER CHAPTER 2267 OF THE TEXAS GOVERNMENT
CODE; APPROVING AND ADOPTING THE PUBLIC PRIVATE
PARTNERSHIP GUIDELINES; FINDING THAT THE MEETING AT
WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; PROVIDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City of Eagle Pass, Texas is a Texas municipal corporation operating as
a home rule municipality ("City") in accordance with the provisions of Chapter 26 of the Texas
Local Government Code and the Eagle Pass City Charter; and
WHEREAS, the City is authorized by Texas law to adopt local guidelines for the purpose
of encouraging private investment within the City; financing public projects; and providing the
City with the greatest possible flexibility to contract with the private sector to provide public
services; and
WHEREAS, the City’s purpose is to work cooperatively with private entities to encourage
intensive, high quality development of municipal facilities, including facilities on unimproved,
underdeveloped and underutilized real estate assets owned by the City and encourage consistent
and compatible development which enhances the value of City assets; and
WHEREAS, accordingly, the City Council of the City desires to adopt guidelines to
furnish interested private entities with a fair and uniform framework to respond to solicited
proposals; submit unsolicited proposals and competing proposals, if any; and provide a fair and
transparent evaluation and selection process for both solicited proposals and unsolicited proposals
in accordance with Chapter 2267 of the Texas Government Code (“Public Private Partnership
Guidelines”); and
WHEREAS, the adoption of such Public Private Partnership Guidelines is in the best
interest of the health, safety and general welfare of the residents of the City of Eagle Pass;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EAGLE PASS, TEXAS, THAT:
SECTION 1. The City hereby elects to operate under Chapter 2267 of the Texas Government
Code.
SECTION 2. The Public Private Partnership Guidelines attached hereto as Exhibit “1” and
incorporated herein for all purposes are hereby approved and adopted.
SECTION 3. It is officially found, determined and declared that the meeting at which this
Ordinance is adopted was open to the public, and that public notice of the time,place, and subject matter of the public business to be conducted at such meeting,
including this Ordinance, was given to all as required by the Texas Codes
Annotated, as amended, Title 5, Chapter 551, Government Code.
SECTION 4. If any part, section, paragraph, sentence, phrase, or word of this Ordinance is for
any reason held to be unconstitutional, illegal, inoperative, invalid or ineffective,
or if any exception to or limitation upon any general provision herein contained is
held to be unconstitutional, illegal, inoperative, invalid or ineffective, the remainder
of this Ordinance shall nevertheless stand effective and valid as if it had been
enacted without the portion held to be unconstitutional, illegal, inoperative, invalid
or ineffective.
SECTION 5. This Ordinance becomes effective immediately upon its passage after a third and
final reading.
READ, PASSED, AND APPROVED ON FIRST READING on this 16th Day of January,
A.D., 2019.
ATTEST:
_____________________________ __________________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES: English-Cantu, Villalpando, Davis, Sifuentes
NAYS: None
ABSTAINED: None
ABSENT: Ramon
READ, PASSED, AND APPROVED ON SECOND READING, this 5th Day of February,
A.D., 2019.
ATTEST:_____________________________ __________________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES:
NAYS:
ABSTAINED:
ABSENT:
READ, PASSED, AND APPROVED ON THIRD AND FINAL READING this ____ Day of
February A.D., 2019.
ATTEST:
____________________________ __________________________________
Ramsey English Cantu Imelda B. Rodriguez
Mayor City Secretary
AYES:
NAYS:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
______________________________
Langley & Banack, Inc.
City AttorneyCity of Eagle Pass Public-Private Partnership Guidelines 2018-page 1.
Exhibit “1”
CITY OF EAGLE PASS, TEXAS
LOCAL GUIDELINES FOR PUBLIC PRIVATE PARTNERSHIP
APPROVED October 16, 2018
CITY CONTACT PERSON:
CITY MANAGER
CITY HALL, 100 SOUTH MONROE STREET
EAGLE PASS, TEXAS 78852
(830) 773-1111 EXT. 2006 OFFICE
(830) 773-0595 FAX
(830) 513-6233 CELL
[Effective September 1, 2011, the 82nd Texas Legislature enacted S.B. 1048, entitled the Public
Facilities and Infrastructure Act, Chapter 2267, Texas Government Code.]
L & B 06384/0064/L1426342.DOCX/5City of Eagle Pass Public-Private Partnership Guidelines 2018-page 2.
I. INTRODUCTION
The City of Eagle Pass, Texas ("the City") is authorized by Texas law to adopt local guidelines for the
purpose of encouraging private investment within Eagle Pass, facilitate financing public projects and
provide the City with the greatest possible flexibility to contract with the private sector to provide public
services.
The City of Eagle Pass, Texas has adopted these Guidelines to furnish interested private entities with a fair
and uniform framework to:
1. Respond to solicited proposals;
2. Submit unsolicited proposals; and
3. Provide a fair and transparent evaluation and selection process for solicited proposals,
unsolicited proposals and any competing proposals in accordance with Texas law.
A. DECLARATION OF PURPOSE
The City's purpose is to work cooperatively with private entities to encourage intensive, high
quality development of municipal facilities, including facilities on unimproved, underdeveloped
and underutilized real estate assets owned by the City and encourage consistent and compatible
development which enhances the value of City assets.
Consistent with the legislative and statutory purpose, these Guidelines are based on the following:
1. There is a public need for timely acquisition, design, construction, improvement,
renovation, expansion, equipping, maintenance, operation, implementation, and installation of
municipal facilities, technology and other public infrastructure that serve a public need and
purpose;
2. Existing methods of procurement in which Qualifying Projects as defined in Section I-B
below are acquired, designed, constructed, improved, renovated, expanded, equipped,
maintained, operated, implemented, or installed may not be sufficient;
3. There are inadequate resources to develop new facilities, technology and other public
infrastructure, and government facilities for the benefit of the citizens of Eagle Pass, and there is
demonstrated evidence that partnerships between the City and private entities or other persons
can meet these needs by improving the schedule for delivery, lowering the cost, and providing
other benefits to the public;
4. Financial incentives exist under state and federal tax and other laws that encourage the
City to enter into partnerships with private entities or other persons to develop Qualifying
Projects; and
L & B 06384/0064/L1426342.DOCX/5City of Eagle Pass Public-Private Partnership Guidelines 2018-page 3.
5. Authorize private entities or other persons to develop or operate one or more Qualifying
Projects that may serve the public safety, benefit, and welfare of the City by making the projects
available to the public in a more timely or less costly fashion.
B. PUBLIC PRIVATE PARTNERSHIPS AND QUALIFYING PROJECTS
The City's goal is to encourage the development of needed municipal facilities and the
redevelopment of unimproved, underdeveloped and underutilized properties, to share risk and
expense, and participate in cash flow performance by entering into public-private partnerships.
The City's Public Private Partnership (“P3”) Program is flexible to allow proposals for the best use
on any property given marketplace realities. The specific terms of any public-private partnership
will be negotiated and described in a contractual agreement between the City and a private sector
person or entity ("Private Partner") in order to ensure timely delivery of services or facilities in a
cost-effective manner, including innovative approaches that might not otherwise be possible
using traditional sources of public financing. Through this contractual agreement, the assets and
professional skills of each sector (public and private) are shared to deliver a service or facility for
the use of the general public, e.g., planning, designing, financing, constructing, operating,
maintaining, and owning, and each sector shares in the potential risks of the timely and efficient
delivery of the service or facility.
To be considered as a Public-Private Partnership development project, the proposed project must
meet the definition of a "Qualifying Project" which is defined by state law as either:
1. Any recreational facility, public building, mass transit facility, port facility, vehicle parking
facility, public work, water supply facility, waste treatment facility, technology facility or other
similar facility authorized by law, currently available or to be made available to the City for public
use, including any structure, parking area, appurtenance, and other property required to operate
the structure or facility and any technology infrastructure installed in the structure or facility that
is essential to the project's purpose; or
2. Any improvements necessary or desirable to unimproved, underdeveloped or
underutilized real estate owned by the City which may be developed or improved through a
public-private partnership.
The City may accept Unsolicited Proposals and any Competing Proposals or issue a Solicitation for
any Development Opportunity it identifies. Select property interests, such as a long-term, non-
subordinated ground lease, may be available to a Private Partner for private office,
retail/commercial, recreational/entertainment, and/or residential development with the
objective of generating sustainable non-tax revenue sources and allowing the City to participate
in the increase in value of its real estate assets over time.
L & B 06384/0064/L1426342.DOCX/5City of Eagle Pass Public-Private Partnership Guidelines 2018-page 4.
II. DEFINITIONS
Unless otherwise specified, whenever the following terms are used in these Guidelines, they have the
meanings set forth below:
"Act" means the Public and Private Facilities and Infrastructure Act, S.B. 1048, 82nd Legislature,
Chapter 2267, Texas Government Code.
“Affected Facility Owner” means a public utility, a public service company, or a cable television
provider, whose facilities will be affected by a Qualifying Project.
“Center” means the Center for Alternative Finance and Procurement established under
Section 2152.110 of the Texas Government Code by the Texas Facilities Commission.
"City" means City of Eagle Pass, Texas.
"Comprehensive Agreement" means the comprehensive agreement between the contracting
person and the City that is required prior to the development or operation of a Qualifying Project.
"Competing Proposal" or “Competing Proposals” means a Proposal received in response to a
notice issued by the City that it has received an Unsolicited Proposal.
"Conceptual Proposal" means a proposal for a Qualifying Project accepted by the City.
“Conceptual Stage" means the initial phase of Qualifying Project evaluation when the City makes
a determination whether a Qualifying Project serves a public purpose or use, meets the criteria
for a Qualifying Project, assesses the qualifications and experience of a Private Entity, reviews the
Qualifying Project for financial feasibility, and warrants further pursuit.
"Contracting Person" means a Private Entity that enters into an Interim Agreement or
Comprehensive Agreement with the City on a specific Qualifying Project.
“Cost Benefit Analysis” means the City or its designated consultant’s financial assessment of the
detailed proposal along with its non-financial benefits.
"Detailed Proposal" means a proposal for a Qualifying Project accepted by the City beyond a
conceptual level of review that defines and establishes periods related to fixing costs, payment
schedules, financing, deliverables, and project schedule.
"Detailed Stage" means the second phase of Qualifying Project evaluation where the City has
completed the Conceptual Stage and accepted the proposal as a Qualifying Project but may
request additional information regarding a Qualifying Project prior to entering into competitive
negotiations with one or more private entities to develop an Interim Agreement or
Comprehensive Agreement.
L & B 06384/0064/L1426342.DOCX/5City of Eagle Pass Public-Private Partnership Guidelines 2018-page 5.
"Develop" means to plan, design, develop, finance, lease, acquire, install, construct, or expand a
Qualifying Project.
"Development Opportunity" or "Development Opportunities" means a potential Qualifying
Project on City-owned or other property that leverages existing public resources for development
of office, retail/commercial, recreational/entertainment, residential, parking, public works and/or
other project that generates sustainable non-tax revenue sources for municipal uses, enhances
the value of City's real estate assets over time, increases the City's tax base, creates significant
public benefits and/or otherwise fulfills a public purpose.
"Interim Agreement" means an agreement, before or in connection with the negotiation of the
Comprehensive Agreement, authorized by these Guidelines between the City and a Contracting
Person for the development or operation, or both, of a Qualifying Project. The Interim Agreement
may authorize the Contracting Person to begin activities or project phases related to the
Qualifying Project including, but not limited to, project planning and development, design,
engineering, environmental analysis and mitigation, surveying, financial and revenue analysis,
including ascertaining the availability of financing for the proposed facility or facilities, or any
other phase of the Qualifying Project that constitutes activity on any part of the Qualifying Project.
"Lease Payment" means any form of payment, including a land lease, by the City to the Private
Entity for the use of a Qualifying Project.
"Lifecycle Cost Analysis" means an analysis that calculates cost of an asset over its entire life span
and includes the cost of planning, constructing, operating, maintaining, replacing, estimates of
sufficient capital improvement reserves, and when applicable, salvaging the asset. Although one
proposal may have a lower initial construction cost, it may not have the lowest lifecycle cost once
maintenance, replacement, and salvage value is considered.
"Operate" means to finance, maintain, improve, equip, modify, repair, or operate a Qualifying
Project.
“Oversight Committee” means a City designated committee consisting of members representing
the City that acts as an advisory committee to review the terms of: (a) any Proposals; and (b) any
proposed Interim Agreement and/or Comprehensive Agreement.
"P3" means Public-Private Partnership.
"Private Entity" means any individual person, corporation, general partnership, limited liability
company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit
entity, or other business entity, including a "Proposer" that submits an Unsolicited Proposal or
Competing Proposal, or a "Respondent" that submits a Solicited Proposal in response to a
Solicitation.
“Proposal” or “Proposals” means a Solicited Proposal, or an Unsolicited Proposal and any
Competing Proposal.
L & B 06384/0064/L1426342.DOCX/5City of Eagle Pass Public-Private Partnership Guidelines 2018-page 6.
"Proposer" means a Private Entity that submits an Unsolicited Proposal or Competing Proposal to
the City.
"Public-Private Partnership Program" or "P3 Program" means the City's public-private partnership
program implemented in accordance with the Act.
"Qualifying Project(s)" means (i) any recreational facility, public building, mass transit facility,
vehicle parking facility, public work, water supply facility, waste treatment facility, technology
facility or other similar facility authorized by law currently available or to be made available to the
City for public use, including any structure, parking area, appurtenance, and other property
required to operate the structure or facility and any technology infrastructure installed in the
structure or facility that is essential to the project's purpose; or (ii) any improvements necessary
or desirable to unimproved, underdeveloped or underutilized real estate owned by the City which
may be developed or improved through a public-private partnership.
"Respondent" means a Private Entity that submits a Solicited Proposal in response to a Solicitation
issued by the City.
"Revenue" means all revenue, income, earnings, user fees, lease payments, or other service
payments that arise out of or in connection with the development or operation of a Qualifying
Project, including money received as a grant or otherwise from the federal government, any other
governmental entity, or any agency or instrumentality of the federal government or any other
governmental entity in aid of the Qualifying Project.
"Service Contract" means a contract between the City and a Contracting Person as a part of a
Qualifying Project in exchange for service payments or other consideration.
"Service Payment" means a payment to a Contracting Person of a Qualifying Project under a
Service Contract.
"Solicitation" means a written request for services, issued by the City, soliciting responses for a
Qualifying Project including but not limited to: bids, business plans (RBP), expressions of interest
(REI), ideas (RFI), offers (RFO), proposals (RFP), qualifications (RFQ), or any combination thereof.
“Solicited Proposal” means a proposal prepared by a Private Entity for a Qualified Project for City
review, consideration and approval in response to a written Solicitation issued by the City.
"Unsolicited Proposal" means a proposal initiated by a Private Entity for a Qualified Project for
City review, consideration and approval that is not a proposal in response to a written Solicitation
issued by the City.
"User Fee" means a rate, fee, or other charge imposed by a Contracting Person for the use of all
or part of a Qualifying Project under a Comprehensive Agreement.
L & B 06384/0064/L1426342.DOCX/5City of Eagle Pass Public-Private Partnership Guidelines 2018-page 7.
III. GENERAL PROVISIONS
A. OVERVIEW
The P3 process may be initiated by either a City Solicitation or an Unsolicited Proposal submitted
by a Private Entity requesting review, consideration an approval. The City may invite bids or
proposals from Private Entities for purposes that constitute a Qualifying Project. The procedures
and requirements applicable to any particular solicited bid or proposal shall be specified in the
written Solicitation for that proposal. The response to any written Solicitation shall require the
submittals in the format as set out in Section IV, of these Guidelines. The City is also authorized
to accept, evaluate or negotiate with Private Entities any Unsolicited Proposals to plan, design,
develop, finance, lease, acquire, install, construct, expand, improve, renovate, equip, operate,
maintain, implement or install a Qualifying Project. All proposals received without issuance of a
Solicitation shall be treated as an Unsolicited Proposal, including any proposals which results from
any general publicity of the City's needs that encourage interested parties to submit Competing
Proposals received in response to a notice issued by the City that it has received an Unsolicited
Proposal. The P3 process for either a Solicited or Unsolicited Proposal requires a two-part
proposal that consists of (1) an initial Conceptual Proposal (Part 1); and (2) a subsequent Detailed
Proposal (Part 2). The Conceptual Proposal and the Detailed Proposal shall each contain specified
information on the Private Entity's qualifications and experience, project characteristics, project
financing, anticipated public support or opposition, project benefit, value, and compatibility, as
more specifically described in Section VI of these Guidelines. In addition, any Solicited Proposal,
or Unsolicited Proposal and any Competing Proposal for a Qualifying Project shall specifically and
conceptually identify any facility, building, infrastructure or improvement included in the
proposal. The Private Entity can be involved in a variety of ways, from designing the facility to
undertaking its financing, construction, operation, maintenance, and/or management. Depending
on the circumstances of each Qualifying Project, types of public-private partnerships, may include
but are not limited to: Build-Own-Operate (BOO), Build-Operate-Transfer (BOT) or Build-Transfer-
Operate (BTO), Buy-Build-Operate (BBO) and types of contract services, include but are not
limited to: Operations and Maintenance; Operations, Maintenance and Management; Design-
Build-Operate (DBO); Design-Build-Operate-Transfer and Design-Build-Own-Operate; Developer
Financing; Enhanced Use Leasing including Lease-Develop-Operate and Build-Develop-Operate;
Lease-Purchase; Turnkey and other methods allowed by law. The P3 Program is a flexible
development tool that allows the use of innovative financing techniques. The P3 Program is
intended to encourage proposals that offer private financing in support of the Qualifying Project,
which may include commensurate risk to the Private Entity, but may also benefit the Private Entity
and City through innovative approaches to project financing, development and use. Proposals
may include in-kind consideration, in an amount that is not less than the fair market value of the
real property owned by the City; including but not limited to construction of new facilities,
alteration and restoration of existing facilities, and environmental remediation. Private Entities
may be required to include innovative financing methods, including the imposition of User Fees
or other forms of service payments, in its proposal. As further described in Section IV, all proposals
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