Maria De Jesus Garza, Guillermo Torres, and Joe E. Vega, in Their Individual Capacities v. Juan Jose "JJ" Zamora, Sr. and Martin C. Cantu ( 2015 )

FILED
IN THE 13TH COURT OF APPEALS
CORPUS CHRISTI
12/11/15
RECEIVED IN
DORIAN E. RAMIREZ, CLERK 13th COURT OF APPEALS
BY drodriguez CORPUS CHRISTI/EDINBURG, TEXAS
12/11/2015 10:13:04 PM
DORIAN E. RAMIREZ
Clerk
Exhibit A
CAUSE NO. 2015-DCL-2342
JUAN JOSE “J.J.” ZAMORA AND § IN THE DISTRICT COURT
MARTIN C. CANTU, §
Plaintiffs §
VS. §
CITY OF PORT ISABEL, TEXAS, § 444TH JUDICIAL DISTRICT
MARIA DE JESUS GARZA, §
GUILLERMO TORRES, AND JOE E. §
VEGA §
Defendants §
§ OF CAMERON COUNTY, TEXAS
MOTION TO SHOW AUTHORITY
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME HUMBERTO SILVA, Movant and attorney for Defendants CITY OF
PORT ISABEL, TEXAS, and City Commissioners MARIA DE JESUS GARZA, GUILLERMO
TORRES, and Mayor JOE E. VEGA, In Their Official Capacities, and file this Motion to Show
Authority complaining of ROBERT L. COLLINS, AUDREY GUTHRIE, and CHRISTOPHER
D. LEWIS, alleged attorneys for Defendants CITY OF PORT ISABEL, TEXAS, and City
Commissioners MARIA DE JESUS GARZA, GUILLERMO TORRES, and Mayor JOE E.
VEGA, In Their Official Capacities, and show the Honorable Court the following:
I.
BACKGROUND
On April 13, 2015, the City Commission of the City of Port Isabel passed a resolution to
declare that Plaintiffs Juan Jose “J.J.” Zamora and Martin C. Cantu, both City Commissioners,
were ineligible, due to alleged violations of the city’s Home Rule Charter, to continue serving on
the City Commission of the City of Port Isabel. However, the City Commission did not take any
action at that meeting to declare a vacancy on the City Commission nor to fill any purported
vacancy by appointment. Furthermore, the City Commission did not take any action to call a
special election to fill any purported vacancies.
Several days after the April 13, 2015 meeting of the City Commission, Plaintiffs Juan
Jose “J.J.” Zamora and Martin C. Cantu, both City Commissioners, filed a lawsuit seeking
declaratory relief and a temporary restraining order to restrain the City of Port Isabel City
Commission and Defendants Joe E. Vega, Maria De Jesus Garza, and Guillermo Torres from
interfering with the performance of their duties as City Commissioners. After hearing the
request for the temporary restraining order, this honorable Court granted Plaintiffs a temporary
injunction that enjoined the City of Port Isabel, Defendants Joe E. Vega, Maria De Jesus Garza,
Guillermo Torres, and the City Commission, from interfering with the performance of Plaintiffs’
duties as City Commissioners, and from taking any action to declare any vacancies, or fill any
purported vacancies, by appointment or otherwise. Plaintiffs have continued to perform their
duties as City commissioners of the City of Port Isabel pursuant to their constitutional rights as
elected officials.
Defendants CITY OF PORT ISABEL, TEXAS, and City Commissioners MARIA DE
JESUS GARZA, GUILLERMO TORRES, and Mayor JOE E. VEGA, In Their Official
Capacities, have appealed to the 13th Court of Appeals this Court’s ruling denying their Plea to
the Jurisdiction, and filed a Motion for Emergency Relief to prevent the City Commission of the
City of Port Isabel from meeting on May 19, 2015. Said Motion for Emergency Relief was
denied by the 13th Court of Appeals on May 19, 2015.
II.
Movant would show this Court that ROBERT L. COLLINS, AUDREY GUTHRIE, and
CHRISTOPHER D. LEWIS do not have authority to act in this matter. Specifically, Movant
would show that the legal services of ROBERT L. COLLINS, AUDREY GUTHRIE, and
CHRISTOPHER D. LEWIS for Defendants CITY OF PORT ISABEL, TEXAS, and City
Commissioners MARIA DE JESUS GARZA, GUILLERMO TORRES, and Mayor JOE E.
VEGA, In Their Official Capacities, were terminated on May 19, 2015 at a duly called Special
Meeting of the City Commission of the City of Port Isabel, Texas. A copy of the approved
minutes of the May 19th, 2015, City commission meeting are attached herein as Exhibit A, and
are incorporated herein as if fully set out in length. Furthermore, on June 1, 2015, the legal
services of attorney HUMBERTO SILVA, Movant herein, were approved at a duly called
Special meeting of the City Commission of the City of Port Isabel. Movant was employed by the
City Commission to represent Defendant City of Port Isabel and its City Commissioners,
particularly, MARIA DE JESUS GARZA, GUILLERMO TORRES, and Mayor JOE E. VEGA,
all in their official capacities, in this cause and any appeals filed on their behalf. A copy of the
approved minutes of the June 1, 2015 Special meeting of the City commission of the City of Port
Isabel, Texas are attached herein as exhibit B and are incorporated herein as if fully set out in
length.
III.
Based upon these facts, Movant believes that ROBERT L. COLLINS, AUDREY
GUTHRIE, and CHRISTOPHER D. LEWIS are defending and/or prosecuting this suit without
the authority of Defendants CITY OF PORT ISABEL, TEXAS, and City Commissioners
MARIA DE JESUS GARZA, GUILLERMO TORRES, and Mayor JOE E. VEGA, In Their
Official Capacities. ROBERT L. COLLINS, AUDREY GUTHRIE, and CHRISTOPHER D.
LEWIS should be cited to appear before this court and show authority to act on behalf of
Defendants CITY OF PORT ISABEL, TEXAS, and City Commissioners MARIA DE JESUS
GARZA, GUILLERMO TORRES, and Mayor JOE E. VEGA, In Their Official Capacities.
Should ROBERT L. COLLINS, AUDREY GUTHRIE, and CHRISTOPHER D. LEWIS fail to
show sufficient authority to defend and/or prosecute this suit on behalf of Defendants CITY OF
PORT ISABEL, TEXAS, and City Commissioners MARIA DE JESUS GARZA, GUILLERMO
TORRES, and Mayor JOE E. VEGA, In Their Official Capacities, then ROBERT L. COLLINS,
AUDREY GUTHRIE, and CHRISTOPHER D. LEWIS should be prohibited from further
appearing in this case and any pleadings, motions and appeals filed by ROBERT L COLLINS,
AUDREY GUTHRIE, and CHRISTOPHER D. LEWIS since May 19, 2015 on behalf of CITY
OF PORT ISABEL, TEXAS, and City Commissioners MARIA DE JESUS GARZA,
GUILLERMO TORRES, and Mayor JOE E. VEGA, In Their Official Capacities, should be
stricken.
IV.
The parties in this action have not announced ready for trial. Therefore, this motion has
been timely filed by Movant and Defendants.
WHEREFORE, PREMISES CONSIDERED, HUMBERTO SILVA, as Movant and
attorney for Defendants CITY OF PORT ISABEL, TEXAS, City Commissioners MARIA DE
JESUS GARZA, GUILLERMO TORRES, and Mayor JOE E. VEGA, In Their Official
Capacities, respectfully prays that:
1. ROBERT L. COLLINS, AUDREY GUTHRIE, and CHRISTOPHER D.
LEWIS will be cited to appear and to answer herein and to present to this court sufficient
proof of authority to defend and/or prosecute this suit on behalf of Defendants CITY OF
PORT ISABEL, TEXAS, City Commissioners MARIA DE JESUS GARZA,
GUILLERMO TORRES, and Mayor JOE E. VEGA, In Their Official Capacities;
2. Upon the failure of ROBERT L. COLLINS, AUDREY GUTHRIE, and
CHRISTOPHER D. LEWIS to present such proof to the court, the court will order that
ROBERT L COLLINS, AUDREY GUTHRIE and CHRISTOPHER D. LEWIS, are no
longer allowed to appear in this cause and to further order the pleadings, motions and
appeals filed by ROBERT L. COLLINS, AUDREY GUTHRIE, and CHRISTOPHER D.
LEWIS since May 19, 2015 to be stricken from the record; and
3. For such other and further relief, in law or in equity, to which
HUMBERTO SILVA, as Movant and attorney for Defendants CITY OF PORT ISABEL,
TEXAS, City Commissioners MARIA DE JESUS GARZA, GUILLERMO TORRES,
and Mayor JOE E. VEGA, In Their Official Capacities, herein, may be justly entitled.
Respectfully submitted,
LAW OFFICE OF HUMBERTO SILVA
P.O. BOX 2091
DONNA, Texas 78537
Tel. (956) 463-4896
Email: hsilvalaw1993@yahoo.com
By: “/s/”
HUMBERTO SILVA
Texas Bar No. 18351430
Attorney for Defendants CITY OF PORT
ISABEL, TEXAS, and City Commissioners
MARIA DE JESUS GARZA, GUILLERMO
TORRES, and Mayor JOE E. VEGA, In Their
Official Capacities.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this the 20th day of JUNE, 2015 a true and
correct copy of the foregoing pleading has been delivered via electronic mail and/or deposited in
a post office or official depository under the care and custody of the United States Post Office, in
a postpaid wrapper, by regular mail and/or certified mail, return receipt requested to:
ROBERT L. COLLINS
AUDREY GUTHRIE
CHRISTOPHER D. LEWIS
ROBERT L. COLLINS & ASSOCIATES
P.O BOX 7726
HOUSTON, TEXAS 77270 E-MAIL: houstonlaw2@aol.com
FRANK E. PEREZ
FRANK E. PEREZ & ASSOCIATES
300 MEXICO BLVD.
BROWNSVILLE, TEXAS 78520 E-MAIL: fperez@feperezandassociates.com
MICHAEL COWEN
THE COWEN LAW GROUP
62 E. PRICE ROAD
BROWNSVILLE, TEXAS 78520 E-MAIL: michael@cowenlaw.com
RICARDO L. SALINAS
FLORES & SALINAS
2011 N. CONWAY
MISSION, TEXAS 78572 E-MAIL: rsalinaslaw@yahoo.com
By: “/s/”
_______________________
HUMBERTO SILVA
FILED
2015-DCL-02342
7/8/2015 12:50:26 PM
Eric Garza
Cameron County District Clerk
CAUSE NO. 2015-DCL-02342 By Celso Amaro Deputy Clerk
5979109
JUAN JOSE “JJ” ZAMORA, SR. AND § IN THE DISTRICT COURT OF
MARTIN C. CANTU, §
Plaintiffs, §
§
VS. § CAMERON COUNTY, T E X A S
§
CITY OF PORT ISABEL, TEXAS; §
MARIA de JESUS GARZA, §
GUILLERMO TORRES, JOE E. VEGA, §
and KEN PAXTON, THE ATTORNEY §
GENERAL OF TEXAS §
Defendants. § 444th JUDICIAL DISTRICT
DEFENDANT’S MOTION TO ENFORCE STAY AND, SUBJECT THERETO,
RESPONSE TO HUMBERTO SILVA’S MOTION TO SHOW AUTHORITY
COMES NOW City of Port Isabel, Texas, and files this Motion to Enforce Stay and
subject thereto, Response to Humberto Silva’s Motion to Show Authority, and would show the
Court as follows:
SUMMARY
A. Humberto Silva’s Motion to Show Authority Should not be heard because
this cause was stayed pursuant to a Notice of Stay and the Appeal of the denial of
Defendants’ Plea to the Jurisdiction.
B. In the alternative, Humberto Silva’s Motion to Show Authority should be
denied because:
1. Robert Collins is still the City Attorney and the Attorney representing the
City of Port Isabel in this lawsuit.
a. The votes that purported to remove Robert Collins were void because the
special meeting was brought in violation of Port Isabel City Charter Section
2.08.
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b. The votes that purported to remove Robert Collins were voidable due to
Plaintiffs’ violation of Chapter 171 of the Texas Local Government Code.
c. Robert Collins was not terminated by any other means.
2. Humberto Silva is not the attorney representing the City in this lawsuit.
a. The votes that purported to hire Humberto Silva were void due to Plaintiffs’
violation of Chapter 171 of the Texas Local Government Code.
b. Humberto Silva has not acted to represent Defendants in this lawsuit and
has not fulfilled the duties required by an attorney in zealous representation
of his clients.
3. It would defeat the jurisdiction of this Court to allow the appealed Temporary
Injunction Order to be used by Plaintiffs to assert control over Defendants
and their ability to defend the lawsuit brought by Plaintiffs.
EVIDENCE IN SUPPORT
Exhibit A: Affidavits of Joe Vega, Maria de Jesus Garza, and Ed Meza
Exhibit B: Notices for May 19, 2015 Meeting of the City Commission
Exhibit C: Notice for June 1, 2015 Meeting of the City Commission
Exhibit D: Excerpts from the Port Isabel City Charter
Exhibit E: Open Records Request Response Confirming The City Has No Contract
with Humberto Silva
Exhibit F: Docket Sheet showing that a Notice of Appeal and Notice of Stay were
filed on May 12, 2015
Exhibit G: Excerpts from April 24, 2015 hearing transcript.
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FACTUAL BACKGROUND
1. During a properly-noticed public meeting, and pursuant to a provision of the Port
Isabel City Charter, the City Commission, including Plaintiffs, voted on the potential violation
of City Charter, Section 2.02, by three of the Commissioners: Defendant Torres, Plaintiff
Cantu, and Plaintiff Zamora. During the meeting, by a duly-recorded majority vote, Plaintiffs
were removed from their positions on the City Commission due to their business dealings with
the City in violation of Section 2.02. Port Isabel City Charter Section 2.02 provides for the
disqualification of office holders and candidates for City elected office for, among other things,
doing business with the City. See Exhibit D, Section 2.02
2. Plaintiffs thereafter filed suit against the City and other Defendants in their
individual and official capacities for their actions in voting to remove Plaintiffs from their
positions on the City Commission for violation of Section 2.02. Plaintiffs contend by their
petition that 1) they were erroneously removed; or 2) in the alternative, that the City Charter
provision is unconstitutional. Plaintiffs sought a temporary injunction requiring reinstatement of
Plaintiffs as voting members of the Port Isabel City Commission. A hearing was held on a Plea
to Jurisdiction filed by Defendants and Plaintiffs’ Motion for Temporary Injunction on April 24,
2015. At the hearing, the Court denied Defendants’ Plea to the Jurisdiction and verbally
indicated it would grant Plaintiffs a temporary injunction. Defendants appealed the denial of the
Plea to Jurisdiction and issued a notice of stay on May 12, 2014. After the stay was in place,
Plaintiffs obtained a signed temporary injunction order that purportedly required Plaintiffs to be
reinstated as voting members of the City Commission. Despite their removal and
disqualification, and with the assistance of the temporary injunction order, Plaintiff Cantu
claimed to participate as a candidate for the May 8 election and, as he had been unopposed
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before being declared disqualified, claims he was re-elected to the City Commission. Despite
notice of the stay, Plaintiffs then nonsuited their claims and obtained a dismissal order,
attempting to avoid the jurisdiction of this Court. Plaintiffs then filed a motion to withdraw their
nonsuit and obtained an order granting their motion, again despite the stay, and without
opportunity for Defendants to be heard on the issue.
3. Plaintiffs then posted public notice of their intent to hold a Port Isabel City
Commission meeting on May 19, 2015 at 7:00 p.m. wherein they would, purporting to act as
City Commissioners, bring action and vote to, among other things: 1) terminate the City
Attorney (Defendant’s counsel Mr. Collins); 2) vacate the Commission’s April 24, 2015 finding
that Plaintiffs violated the City Charter which was the basis of this litigation; 3) rescind
approval to pay counsel to represent the Defendants in this case; 4) rescind approval for the
investigation of violations of the City Charter; and 5) consider appointing a new City Attorney.
See Humberto Silva’s Motion to Show Authority, Exhibit A; See Exhibit B.
4. At the meeting, Defendant Vega, as Mayor of Port Isabel and presiding officer
for any City Commission meeting, read a statement that was made part of the minutes of that
meeting, declaring that any votes by Plaintiffs on the topics listed above would be void due to
their direct respective conflicts of interest. Defendant Vega also gave fair notice that any agenda
items that passed only because of Plaintiffs’ void participation in making a motion or second,
and their votes, would be void. However, Defendants were unable to stop Plaintiffs from
asserting the void votes had passed due to the overbroad temporary injunction order. Despite
their conflicts of self-interest and the direct connection to this suit, the appeal, and Plaintiffs’
respective businesses, Plaintiffs voted on the five issues previously mentioned; and each issue
was either moved or seconded by one or more of Plaintiffs. See Humberto Silva’s Motion to
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Show Authority, Exhibit A.
5. After claiming to have terminated the City Manager and City Attorney by their
void votes, Plaintiffs then filed notice for a June 1 meeting wherein they purported by their act
and vote to hire their attorney in this suit and appeal, Gilberto Hinojosa, as the new City
Attorney. Plaintiffs also purported to act and vote to declare that Humberto Silva would be
counsel to appear as counsel for the City in this case and the appeal, for the sole purpose of
dismissing it and agreeing to the claims Plaintiffs made in their lawsuit. See Humberto Silva’s
Motion to Show Authority, Exhibit B.
6. Defendants did not hire or retain Mr. Silva. Mr. Silva is not the City Attorney
and does not claim to the City Attorney. Pursuant to the Port Isabel City Charter Section 3.05,
the City Attorney represents the City in litigation, but can appoint someone else. See Exhibit D,
Section 3.05. However, Mr. Silva does not have and does not present any contract of
employment for legal services signed by any Defendant or the City Attorney. After searching,
the City was unable to locate any contract with Mr. Silva for representation in this suit. See
Exhibit E (Open Records Request confirming that City Commission Meeting Minutes for June
1, 2015, are the only documents the City has in relation to Humberto Silva). Silva has not met
with Defendants, filed any briefs on their behalf, or taken any other steps to defend the suit
brought by Plaintiffs or to prosecute the appeal. See Exhibit A, Affidavits by Defendants. The
only pleadings filed by Mr. Silva are motions to prevent the undersigned counsel, the City
Attorney of Port Isabel since 2006, from representing the interests of Defendants and to strike
briefs timely filed by Defendants.
7. The undersigned counsel, Robert L. Collins, has served as the official City
Attorney of Port Isabel since 2006, and has represented, defended and worked with Defendants
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in this suit since its onset. See Exhibit A. Defendants’ counsel -- Robert Collins, Michael
Cowen, and Frank Perez -- have and continue to meet with Defendants and represent
Defendants in this case. See Exhibit A, Affidavits by Defendants. Defendants have never stated
or given any notice that Robert Collins no longer represents them or the City in this suit. To
the contrary, Defendants have requested that Robert Collins remain as counsel for the City in
this case. Defendants hired Robert Collins as their attorney for this case and have not requested
any other counsel. See Exhibit A, Affidavits by Defendants.
MOTION TO ENFORCE STAY
8. Defendants filed a Notice of Appeal of this Court’s denial of Defendants’ Plea to
the Jurisdiction on May 12, 2015. See Exhibit F. Also on that date, Defendants filed a Notice of
Stay. See Exhibit F. An appeal of a denial of a Plea to Jurisdiction automatically stays the trial
court as long as the plea was filed within 180 days of Defendants Original Answer. See Tex.
Civ. Prac. & Rem. Code 51.014(c). The Plea to the Jurisdiction in this case was filed with
Defendants’ Original Answer, which was subject to the Plea to Jurisdiction. See Exhibit F.
Therefore, Defendants’ appeal of the denial automatically stayed all activity in this Court
pending the resolution of the appeal. Therefore, Humberto Silva’s Motion to Show Authority
should not be heard by this Court due to the automatic stay in place pursuant to the pending
appeal.
RESPONSE TO HUMBERTO SILVA’S MOTION TO SHOW AUTHORITY
LEGAL AUTHORITY
9. The Open Meetings Act requires that the Commission give “written notice of the
date, hour, place, and subject of each meeting held.” Tex. Gov't Code Ann. §551.041 (West
1994). Most cases addressing the statutory notice requirement concern whether the
6
subject-matter of a meeting has been adequately identified. See, e.g., Cox Enter., Inc. v. Board of
Tr. of the Austin Indep, Sch. Dist., 706 S.W.2d 956, 29 Tex. Sup. Ct. J. 316 (Tex. 1986) (the
“Open Meetings Act requires a full disclosure of the subject matter of the meetings”); Hays
County Water Planning P'ship v. Hays County, 41 S.W.3d 174, 180 [**12] (Tex. App.--Austin
2001, pet. denied) (holding that notice must convey substance of meeting); San Antonio v.
Fourth Court of Appeals, 820 S.W.2d 762 (Tex. 1991). An action taken in violation of the Open
Meetings Act Section 551 is voidable. Tex. Gov’t Code Ann. 551.141.
10. Section 171 of the Texas Local Government Code prohibits public officials with a
substantial interest from voting or participating on matters involving that business. Tex. Loc.
Gov. Code 171.004. Purposefully violating the section is Class A misdemeanor. Id. at 171.003.
Any vote that would not have passed without the conflicted vote is voidable. Id. 171.006. Dallas
County Flood Control Dist. No. 1 v. Cross, 815 S.W.2d 271, 278 (Tex. App. Dallas 1991). A
local public official is considered to have a substantial interest under this section if a person who
has a substantial interest is related to the official in the first degree of consanguinity or affinity.
Id. 171.002.
11. The Texas Disciplinary Rules of Professional Conduct Preamble requires an
attorney to “zealously pursue client interests within the bounds of the law.” In performing that
task, the rules require an attorney be “competent, prompt and diligent.” An attorney's duty to
represent a client zealously begins as soon as “the client has requested the lawyer to render legal
services and the lawyer has agreed to do so.” Tex. Disciplinary R. Prof. Conduct Preamble, p. 12
(State Bar Rules Art. X, §9); Hanna v. Niemann, 1999 Tex. App. LEXIS 4455 (Tex. App. Austin
June 17, 1999). Attorneys represent their clients in many capacities beyond advocating during
litigation, such as legal counselor, advisor, and intermediary. Id. In addition to zealous
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advocacy, “[t]he guiding principles in the area of attorney-client relationships require a lawyer to
provide his client with an informed understanding of the client's legal rights and obligations,
[and] to explain rights and obligations…” See Tex. Disciplinary R. Prof. Conduct, Preamble p. 2;
In re Norris, 2004 Tex. App. LEXIS 3810, 5-6 (Tex. App. Fort Worth Apr. 29, 2004).
ARGUMENT
I. Robert Collins is still the City Attorney and the attorney representing the City in this
lawsuit.
a. The votes that purported to remove Robert Collins were void because the special
meeting was brought in violation of Port Isabel City Charter Section 2.08.
12. The Port Isabel City Charter requires that Special Meetings may only be held if
called by the Mayor or two City Commissioners. See Exhibit D, Section 2.08 (“The Mayor or
any two (2) members of the City Commission may call Special Meetings of the City
Commission at any time”).
13. The meeting on May 19, 2015, was a Special Meeting called by Martin Cantu and
JJ Zamora. See Exhibit B (notice of meeting identifying it as a Special Meeting and signed by
Martin Cantu and JJ Zamora). The meeting contained only agenda items that were directly
related to this litigation and the Plaintiffs’ personal businesses that made basis of this suit. Id.
The meeting notice directly referenced firing one attorney for Defendants, revoking funding for
the other attorneys for Defendants, and undoing the vote that is the basis of this lawsuit. Due to
the contents of the meeting, both Martin Cantu and JJ Zamora have direct conflicts that make
them ineligible to call the meeting, participate in the agenda items, or vote on the agenda items.
Therefore, Plaintiffs cannot constitute City Commissioners to call this particular meeting and the
meeting is void for violation of the Port Isabel City Charter, Section 2.08. Exhibit D, Section
8
2.08
b. Plaintiffs’ violation of Chapter 171 of the Texas Local Government Code.
14. Commissioner Cantu and Commissioner Zamora, Plaintiffs, both had direct and
personal conflicts in their participation in the Agenda item purportedly passed during the May
19, 2015 meeting. They participated in and voted on this matter in deliberate violation of
Chapter 171 of the Local Government Code. Tex. Loc. Gov. Code 171.003; 171.004. The votes
would not have occurred or passed without Plaintiffs’ participation (by making the Motion or
second) and their action and votes are voidable. Id. 171.006. See Humberto Silva’s Motion to
Show Authority, Exhibit A.
15. Plaintiffs have a substantial interest in two automotive service businesses in Port
Isabel, Texas. See Exhibit G, p. 86, ln. 13; p. 94, ln 1-3; p. 107, 11-19. Plaintiffs admitted both
their substantial interest in their respective automotive business and the business they conducted
with the City during the City Commission meeting of April 13, 2015, where they were declared
unqualified and removed from office. They again admitted their violation of the City Charter
prohibition against doing business with the City during their testimony at the April 24, 2015
hearing on Plaintiffs Motion for Temporary Injunction. Id.
16. The temporary injunction granted by the trial court did not preserve the status
quo; instead, it required that Plaintiffs be allowed to continue to sit and vote on the City
Commission. Claiming the authority of the Temporary Injunction, Plaintiffs’ counsel threatened
that any action to deny them free reign as purported City Commissioners would be met with
action for contempt, and Plaintiffs then noticed, voted, and participated on several City
Commission official meeting agenda issues related to the lawsuit which is directly related to their
businesses and to their desire to dismiss the appeal in this case before their illegal activities can
9
be reviewed.
17. Specifically, Plaintiffs participated and voted to:
1) Terminate the City Attorney, Mr. Collins, who has been representing the City in
this lawsuit and appeal about Plaintiffs having conducted business with and profited from the
City;
2) Vacate the Commission’s April 13, 2015 finding that Plaintiffs violated the City
Charter by doing business with and profiting from the City through their respective auto service
businesses;
3) Rescind approval to pay counsel to represent the Defendants in this case;
4) Rescind approval for the investigation of violations of the City Charter; and
5) Consider appointing a new City Attorney.
See Humberto Silva’s Motion to Show Authority, Exhibit A; See Exhibit A.
18. The votes on each of these related matters were either motioned or seconded by
Plaintiffs, and Plaintiffs’ votes consisted of two of the three votes cast on each item. Only
because Plaintiffs participated and voted are they able to claim that any of these matters “passed”
or were adopted. Therefore, none of the above listed agenda items would have passed but for the
conflicted participation and votes of Plaintiffs. Therefore, the votes on those issues are all
voidable pursuant to Chapter 171 of the Texas Local Government Code. Dallas County Flood
Control Dist. No. 1, 815 S.W.2d at 278 (“A violation of [Section 171 of the Local Government
Code] rendered the transaction voidable by the public agency if ‘the measure that was the subject
of the action involving the conflict of interest would not have passed the governing body without
the vote of the person who violated this article.’”).
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c. Robert Collins was not terminated by any other means.
19. The Mayor, Joe Vega; City Manager, Ed Meza; and Plaintiff commissioners have
never communicated or represented that there has been any termination of Robert Collins’
services as counsel for Defendants in this suit and appeal. Indeed, the Mayor and one
Commissioner, which comprises two of the three persons who would not be disqualified to vote
on the issue legally at any legally-noticed City Commission meeting, have stated unequivocally
that the votes of Plaintiffs are considered void and illegal; and as a result, Robert Collins remains
as City Attorney and as attorney for the Defendant/Defendant City of Port Isabel in this
litigation. The City Manager, Edward P. Meza, who was also the subject of a void attempt at
termination at the same meeting, has testified by Affidavit to his intent and desire that Robert
Collins continue to represent the City in this litigation. Robert Collins has regularly worked with
Defendants in defending this case, the filing of pleadings, court appearances, the filing of the
appeals, and the drafting and filing of briefs in prosecuting the appeals desired and filed by
Defendants.
II. Humberto Silva is not the attorney representing Defendants in this suit.
a. The votes that purported to hire Humberto Silva were void due to Plaintiffs’
violation of Chapter 171 of the Texas Local Government Code and Section 551.141
of the Open Meetings Act.
20. Plaintiffs purported to appoint Silva to be their opposing counsel and represent
Defendants in this case during a June 1, 2015, meeting. See Exhibit C. Plaintiffs posted notice
of the June 1, 2015, meeting. The notice stated as an agenda item:
Deliberation regarding City of Port Isabel, Texas; Maria de Jesus Garza;
Guillermo Torres and Joe E. Vega vs. Juan Jose “JJ” Zamora and Martin C.
Cantu, pursuant to Texas Government Code, Section 551.071(1)(A), pending or
contemplated litigation.
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See Exhibit C.
21. First, the notice does not give adequate notice of the matter discussed or the
actions taken, and, therefore, violates Section 551.141 of the Open Meetings Act. The notice
does not identify that the replacement of counsel in the case is a subject of the meeting and,
therefore, fails to give sufficient notice. Cox Enter., Inc., 706 S.W.2d 956. As a result, the action
is void pursuant to Tex. Gov’t Code Ann. 551.141.
22. Second, much like the May 19, 2015 meeting, the June 1, 2015 vote on the
appointment of Mr. Silva in this litigation is voidable due to Plaintiffs’ conflict of interest
pursuant to Tex. Loc. Gov. Code 171.003-171.006. Plaintiffs’ votes on a matter to appoint
counsel to defend the suit filed as a result of a finding that they violated the City Charter by and
through their respective businesses. The votes passed only because of the conflicted participation
and votes. Therefore, the vote is voidable. Id. 171.006.
b. Humberto Silva has not acted to represent Defendants in this lawsuit and has not
fulfilled the duties required by an attorney in zealous representation of his clients.
23. Mr. Silva claims he is the attorney for the City as well as the Commissioners, but
he has not contacted them to discuss their position, familiarize himself with the facts, or defend
the case and prosecute the appeal. He failed to file briefs to support the Defendants’ appeals. As
a result, Mr. Silva has carried out his intent, as evidenced by the minutes he offers to prove his
claimed authority, to dismiss the appeal and deprive this Court of ever hearing this political
corruption case as he will have, if his effort to remove Defendants counsel succeeds, effectively
forfeited the appeal filed by the Defendants he claims to represent. Defendants Vega and Garza
and the City Manager, Ed Meza, have demonstrated their desire to proceed with the appeal with
Mr. Collins as counsel for Defendants. They have confirmed that Mr. Silva has not been legally
12
retained to represent the City or them, and they have set forth to this Court why Plaintiffs’ efforts
are void and should not be considered effective. See Exhibit A.
24. Mr. Silva not only failed to contact them or file anything on their behalf, but is
now also moving to strike the briefs filed on behalf of the people he claims to be his clients. As
a result, Mr. Silva has not acted consistently with the obligations of an attorney to zealously
represent the interests of his clients. Tex. Disciplinary R. Prof. Conduct, Preamble, ¶2. He has
not zealously pursued his clients’ interest; he has not been prompt or diligent; he has not
provided legal advice or worked as an intermediary in this matter; he has not explained the legal
and practical implications of Defendants’ legal rights and obligations. Id ¶ 2, 12; See also
Exhibit A. This demonstrates that Mr. Silva is not counsel for Defendants. He is instead a
stand in intended to take over and dismiss the appeal for the personal profit and interests of
Plaintiffs Cantu and Zamora.
25. Robert Collins on the other hand, as the only Port Isabel City Attorney since
2006, and as the attorney who has been working on this case representing the City as Defendant
and now Defendant, since the beginning, has pursued the Defendants’ interests, has met all
deadlines and otherwise acted promptly, and he has provided legal advice and counsel as needed
to properly defend this suit and prosecute the appeal.
III. It would defeat the jurisdiction of this Court to allow the appealed Temporary
Injunction Order to be used by Plaintiffs to assert control over Defendants and their
ability to prosecute the appeal and defend the lawsuit brought by Plaintiffs.
26. Plaintiffs voted on matters that passed only because they voted, the result of
which, if effective, would give them control over the opposing side of this lawsuit. They
purported to fire, directly or through a removal of funding, all counsel for Defendants. Plaintiffs
13
then moved, seconded, and voted on the decision to hire their attorney in this suit, Mr. Hinojosa,
as City Attorney, and then to replace the long-time City Attorney with another attorney chosen
by Plaintiffs to represent Defendants in this suit. The evidence provided by Mr. Silva proves that
Plaintiffs have declared their intent to interfere with the appeals filed in this case by Mr. Silva
dismissing the appeal if he is able to take control of it, and by his capitulating to agree with
Plaintiffs that the City Charter is unconstitutional or that it will simply be ignored in the future as
an inconvenience to the business practices of Plaintiffs Cantu and Zamora. See Humberto Silva’s
Motion to Show Authority, Exhibits A and B; see also Exhibits B and C to this response.
27. Now, as promised and through the use of Mr. Silva, the attorney Plaintiffs
purported to choose to represent Defendants, Plaintiffs are attempting to force Defendants to
miss appellate deadlines and withdraw or have the Court strike briefs filed in support of
Defendants’ appeals.
28. Allowing Plaintiffs to choose an attorney to represent Defendants in this case and,
therefore, directly impact the legal decisions and rights of Defendants in this case will
circumvent the authority of this Court and the trial court to hear and decide this case.
CONCLUSIONS
29. Robert Collins is the City Attorney of Port Isabel and the attorney representing
the City in this suit because: 1) The meeting was void due to violations of the Port Isabel City
Charter Section 2.08; 2) The votes by the City Commission were voidable as a result of
Plaintiffs’ lack of qualification to act or vote and due to violation of Chapter 171 of the Texas
Local Government Code; and 3) Robert Collins was not terminated by any other means.
Humberto Silva is not the attorney representing the City in this suit because: 1) The purported
action to hire Humberto Silva violated the Open Meetings Act and the Local Government Code;
14
2) Humberto Silva has not provided legal services to Defendants or otherwise acted on
Defendants’ behalf; and 3) Allowing Plaintiffs to hire Humberto Silva to act as counsel for
Plaintiffs defeats the jurisdiction of this Court to hear and decide the issues.
PRAYER
Defendants, and their undersigned counsel, pray that for all of the foregoing reasons, this
Court will 1) enforce the automatic stay and decline to hear or consider Humberto Silva’s
Motion to Show Authority until the pending appeal has been resolved or, in the alternative, 2)
Deny Humberto Silva’s Motion to Show and allow this suit to be prosecuted so that justice may
be done and the citizens of Port Isabel may have confidence in the honesty and transparency of
their elected officials.
Respectfully submitted,
____________________________
Robert L. Collins
Texas Bar No. 04618100
Audrey Guthrie
Texas Bar No. 24083116
P.O. Box 7726
Houston, Texas 77270-7726
(713) 467-8884
(713) 467-8883 Facsimile
houstonlaw2@aol.com
ATTORNEYS FOR CITY OF
PORT ISABEL
15
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following on the
8th day of July, 2015 via certified mail, return receipt requested, hand delivery, e-service and/or
facsimile.
Humberto Silva
Law Office of Humberto Silva
P.O. Box 2091
Donna, Texas 78537
Tel. 956-463-4896
Hsilvalaw1993@yahoo.com
Counsel for Plaintiffs
Gilbert Hinojosa
622 East St. Charles St.
Brownsville, Texas 78520
Fax: 1-956-544-1335
ghinojosa@ghinojosalaw.net
Counsel for Defendants
Michael R. Cowen
THE COWEN LAW GROUP
62 E. Price Road
Brownsville, TX 78521
(956) 504-3674 Facsimile
michael@cowenlaw.com
Frank E. Perez
FRANK E. PEREZ & ASSOCIATES, PC
300 Mexico Boulevard
Brownsville, TX 78520
(956) 504-5991 Facsimile
fperez@feperezandassociates.com
Robert L. Collins
16
FILED
2015-DCL-02342
10/7/2015 10:56:12 AM
Eric Garza
Cameron County District Clerk
By Ezequiel Zepeda Deputy Clerk
CAUSE NO. 2015-DCL-02342 7265801
JUAN JOSE “JJ” ZAMORA, SR. AND § IN THE DISTRICT COURT OF
MARTIN C. CANTU, §
Plaintiffs, §
§
VS. § CAMERON COUNTY, T E X A S
§
CITY OF PORT ISABEL, TEXAS; §
MARIA de JESUS GARZA, §
GUILLERMO TORRES, AND JOE E. §
VEGA, §
Defendants. § 444th JUDICIAL DISTRICT
RESPONSE TO HUMBERTO SILVA'S MOTION TO SHOW AUTHORITY
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendants, and file this response to Humberto Silva's motion to show
authority
BACKGROUND
1. HUMBERTO SILVA filed a motion to show authority with this court on June 20,
2015. The Court of Appeals issued an order abating all proceedings before that court to provide
this trial Court an opportunity to hold a hearing on Movant Humberto Silva's Motion to Show
Authority.
ARGUMENT
2. Defendants contend that Humberto Silva does not have standing to file a motion
to show authority. Rule 12 does not address whether a motion can be filed by a non-party
attorney. Philips v Philips, 244 S.W.3d 433, 435 (Tex. App. -- Houston [1st Dist.] 2007, no pet.).
A court must strictly adhere to the language in rule 12, which only grants a party standing to
challenge an attorney's authority. Id. An attorney who is not a party does not have standing to file
a rule 12 motion. Id. Humberto Silva is not a party to this case, and therefore does not have the
1
standing to file a motion to show authority on his own behalf.
PRAYER
Accordingly, the Defendants respectfully request that the Court deny this Motion to
Show Authority.
Respectfully submitted,
ROBERT L. COLLINS & ASSOCIATES
__________________________
Robert L. Collins
Texas Bar No. 04618100
Audrey Guthrie
Texas Bar No. 24083116
P.O. Box 7726
Houston, Texas 77270-7726
(713) 467-8884
(713) 467-8883 Facsimile
houstonlaw2@aol.com
ATTORNEYS FOR CITY OF
PORT ISABEL
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion for Continuance was
sent to the following on the 7th day of October, 2015 via certified mail, return receipt requested,
hand delivery, e-service and/or facsimile.
Humberto Silva
Law Office of Humberto Silva
P.O. Box 2091
Donna, Texas 78537
Tel. 956-463-4896
Hsilvalaw1993@yahoo.com
Ricardo L. Salinas
Law Office of Salinas Flores
2
2011 North Conway Avenue
Mission, Texas 78572
Fax 956-580-9688
rsalinaslaw@yahoo.com
Michael R. Cowen
THE COWEN LAW GROUP
62 E. Price Road
Brownsville, TX 78521
(956) 504-3674 Facsimile
michael@cowenlaw.com
Frank E. Perez
FRANK E. PEREZ & ASSOCIATES, PC
300 Mexico Boulevard
Brownsville, TX 78520
(956) 504-5991 Facsimile
fperez@feperezandassociates.com
______________________________
ROBERT COLLINS
3
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Pr
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PD
F
Pr
o
Tr
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PD
F
Pr
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Tr
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Exhibit B
CAUSE NO. 2015-DCL-02342
JUAN JOSE “JJ” ZAMORA, SR. AND § IN THE DISTRICT COURT OF
MARTIN C. CANTU, §
Plaintiffs, §
§
VS. § CAMERON COUNTY, T E X A S
§
CITY OF PORT ISABEL, TEXAS; §
MARIA de JESUS GARZA, §
GUILLERMO TORRES, AND JOE E. §
VEGA, §
Defendants. § 444th JUDICIAL DISTRICT
DEFENDANTS’ PROPOSED FINDINGS OF FACT
AND CONCLUSIONS OF LAW ON AUTHORITY
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant City of Port Isabel, Texas and submits this Proposed Findings
of Fact and Conclusions of Law on the hearing for Humberto Silva's Motion to Show Authority:
I.
FINDINGS OF FACT
1. Attorney Humberto Silva, who is not a party to this lawsuit, filed the motion to
show authority as the movant, and Mr. Silva presented that motion as the movant.
2. The Agenda for the Special Meeting of the Port Isabel City Commission that
occurred on May 19th, 2015, was requested and posted by Plaintiffs Juan Zamora
and Martin Cantu, and sought for the City to take the following actions:
a. to terminate any non-employee contractual relationship for legal services
between Robert Collins and the City of Port Isabel, who served as City
Attorney and was defending this then pending lawsuit against the City,
b. to vacate any finding by the City of Port Isabel at its April 13th, 2015
meeting, that Plaintiffs Cantu and Zamora were disqualified from office
1
and to rescind any action taken to remove them from office, the very
subject matter of this then pending lawsuit,
c. to rescind approval of the retention of outside counsel to investigate and/or
prosecute potential violations of the City Charter, which was a subject of
this then pending lawsuit and other matters,
d. to appoint a City Attorney.
3. Plaintiff's Juan Zamora and Martin Cantu each have a personal and substantial
interest in the matters they posted to be considered during the May 19th, 2015
Special Meeting of the Port Isabel City Commission with respect to:
a. Cantu and Zamora are plaintiffs in the lawsuit they filed against the City
of Port Isabel on April 15th, 2015, that is being defended by longtime City
Attorney Robert Collins, the very attorney they moved to have the City
terminate contractual relationships with.
b. Dismissing the City Attorney and City Manager, and designating the
attorney who filed and represents the Plaintiffs in this pending lawsuit,
Gilberto Hinojosa, as the new City Attorney are actions designed to cause
the City to abandon its right to appeal the court's order that temporarily
allowed Zamora and Cantu to participate in and vote at City Commission
meetings.
c. Plaintiff's Cantu and Zamora were the subject of the April 13th findings of
the City Commission that they were disqualified from office, and it is a
conflict of interest for either of them to seek action or vote to rescind their
own removal as City Commissioners – the exact subject of the May 19
2
meeting they demanded, participated in, and voted in – all with actual
notice of their conflicts of interest.
d. Cantu and Zamora are the subject of the City investigation they sought and
voted to rescind.
4. Zamora and Cantu were both placed on notice of their conflicts of interest by a
statement Mayor Joe E. Vega read at the onset of the May 19th Meeting, and said
statement was made part of the minutes of that meeting as set forth in Silva
Exhibit 3.
5. When bringing and voting on the Agenda item they had demanded,
“Consideration and possible action to terminate any non-employee contractual
relationship for legal services between Robert Collins, or any affiliated entity, and
the City of Port Isabel, Effective immediately,” Plaintiff Zamora made the
motion, and Plaintiffs Zamora and Cantu both voted in favor of the motion.
Without the participation of Zamora and Cantu, the motion could not have been
considered or passed.
6. When bringing and voting on the motion “Consideration and possible action to
vacate any finding by the Port Isabel City Commission on April 13, 2015 that
Martin Cantu and J.J. Zamora were disqualified from office, and to rescind any
action taken to remove them,” that motion was seconded by Plaintiff Cantu, and
both Cantu and Zamora voted in favor of the motion. Without the participation of
Plaintiffs Zamora and Cantu, the motion could not have been considered or
passed.
3
7. When bringing and voting on the motion “Consideration and possible action to
rescind approval of the retention of outside counsel to investigate and/or
prosecute potential violations of the City Charter, and other matters,” Plaintiff
Cantu seconded the motion, and Plaintiff Zamora voted for it. Without the
participation of Zamora and Cantu, the motion could not have been considered or
passed.
8. When bringing and voting on the motion “Consideration and possible action to
appoint a city attorney,” intended to result in dismissal of the City’s appeal of this
case, Cantu made the Motion, and Zamora seconded the motion.
9. Without Zamora or Cantu making the motion, making the second, or voting, none
of the motions decided during the May 19th Meeting would have passed.
10. The Agenda for the Special Meeting of the Port Isabel City Commission that
occurred on June 1st, 2015, was requested and posted by Plaintiffs Juan Zamora
and Martin Cantu, and according to Silva, but not clear from the public notice of
action by the City, sought for the City to declare that Robert Collins does not
represent the City in this lawsuit or the appeal of this case, that the City should
retain Humberto Silva to represent it in some matter related to claims of the City
against Plaintiffs Zamora and Cantu, and that the appeal of this case by the City of
Port Isabel be terminated. The Agenda and Minutes for that meeting do not make
these intentions or actions clear and as written is nonsensical as reflected by Silva
Exhibit 5.
11. When bringing and voting on the June 1st agenda item declaring that Robert
Collins does not represent the City in respect to claims of the City against Cantu
4
or Zamora, that the City should retain Humberto Silva, and that the appeal by the
City of Port Isabel be terminated, Cantu made the motion, and both Cantu and
Zamora voted for the motion.
12. Without Cantu bringing the motion or Cantu and Zamora voting on the motion,
the June 1st motion, relied on by Silva as the only proof of his being retained by
the City would not have passed. Silva has no written representation agreement
with the City to act as its attorney in any respect. Collins has been Port Isabel
City Attorney since 2006, and continues to represent the City in other pending
litigation.
13. Cantu and Zamora both have substantial and personal conflicts of interest with
respect to the June 1st motion and action apparently designed to interfere in the
appeal and defense by the City of their lawsuit, because they are the plaintiffs in
the suit which they claim to have moved and voted the City should not defend or
appeal.
14. Robert Collins has been the City Attorney of Port Isabel since 2006.
15. As City Attorney, Robert Collins has been defending this lawsuit since its
inception, and he was City Attorney at the time Cantu and Zamora were removed
from office for violation of the conflicts of interest prohibitions of the City
Charter.
16. The only actions purported by Silva to have been taken to remove Robert Collins
from his position of City Attorney were the actions taken at the May 19th and
June 1st meetings of the City of Port Isabel.
5
17. The actions taken at the May 19th and June 1st City meetings do not give any
notice that Robert Collins has been replaced as counsel for the City of Port Isabel
in this case.
18. The posted notice for the May 19 meeting was not posted by the City Secretary,
and purported to give notice that the Commission would meet pursuant to Article
II, section 2.11 of the City Charter. There is no Article II, Section 2.11 of the City
Charter, and it is mandatory that the City Secretary post all meeting notices.
19. Humberto Silva has no contract or written representation agreement to represent
the City of Port Isabel. Humberto Silva is not the Port Isabel City Attorney.
20. According to the Port Isabel City Charter, the City Attorney must appear and
represent the City in any litigation.
II
CONCLUSIONS OF LAW
1. Humberto Silva has no standing to bring a Rule 12 motion to show authority on
behalf of the City of Port Isabel or otherwise against the City’s counsel of record
Robert Collins. “A party in a suit or proceeding pending in a court of this state
may, by sworn written motion stating he believes the suit or proceeding is being
prosecuted or defended without authority, cause the attorney to be cited to appear
before the court and show his authority to act." Tex. R. Civ. P. 12. A court must
strictly adhere to the language of Rule 12, which only grants a party standing to
challenge an attorney's authority. Philips v Philips, 244 S.W.3d 433, 435 (Tex.
App. -- Houston [1st Dist.] 2007, no pet.). Humberto Silva is not a party to this
action, nor does he represent a party to this action. Therefore, Mr. Silva does not
6
have standing to bring a Rule 12 motion challenging the authority of the
Defendant's attorney.
2. Plaintiffs Cantu and Zamora each have conflicts of interest in posting the May
19th and June 1st agendas, making any motion or second in respect to them and in
voting in respect to them. They have conflicts of interest in making motions,
seconding motions, and voting on motions in favor of removing the City Manager
or City Attorney in retaliation for those officials enforcing the City Charter, in
purportedly hiring Humberto Silva to represent the City, and in seeking to dismiss
the appeal of this case. The conflicts of interest of Cantu and Zamora render those
actions void and invalid.
3. As current City Attorney, and the attorney of record for the City of Port Isabel in
this case, Robert Collins has the authority to proceed with representing the City in
this case and in all appeals resulting from this case.
Respectfully submitted,
ROBERT L. COLLINS & ASSOCIATES
__________________________
Robert L. Collins
Texas Bar No. 04618100
Audrey Guthrie
Texas Bar No. 24083116
Andrew Millar
Texas Bar No. 24095082
P.O. Box 7726
Houston, Texas 77270-7726
(713) 467-8884
(713) 467-8883 Facsimile
houstonlaw2@aol.com
ATTORNEYS FOR CITY OF
PORT ISABEL
7
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Proposed Findings of Fact and
Conclusions of Law was sent to the following on the 14th day of October, 2015 via certified mail,
return receipt requested, hand delivery, e-service and/or facsimile.
Humberto Silva
Law Office of Humberto Silva
P.O. Box 2091
Donna, Texas 78537
Tel. 956-463-4896
Hsilvalaw1993@yahoo.com
Ricardo L. Salinas
Law Office of Salinas Flores
2011 North Conway Avenue
Mission, Texas 78572
Fax 956-580-9688
rsalinaslaw@yahoo.com
Michael R. Cowen
THE COWEN LAW GROUP
62 E. Price Road
Brownsville, TX 78521
(956) 504-3674 Facsimile
michael@cowenlaw.com
Frank E. Perez
FRANK E. PEREZ & ASSOCIATES, PC
300 Mexico Boulevard
Brownsville, TX 78520
(956) 504-5991 Facsimile
fperez@feperezandassociates.com
______________________________
ROBERT COLLINS
8
Exhibit C
13-15-00218-CV and 13-15-00237-
CV 1
1 REPORTER'S RECORD
VOLUME 001 OF 001 VOLUME
2 APPELLATE CAUSE NUMBERS 13-15-00218-CV AND 13-15-00237-CV
TRIAL COURT CAUSE NO. 2015-DCL-2342
FILED IN
3 13th COURT OF APPEALS
CORPUS CHRISTI/EDINBURG, TEXAS
JUAN JOSE "J.J." ZAMORA | IN THE DISTRICT COURT OF
4 AND MARTIN C. CANTU | 10/28/2015 3:13:05 PM
| DORIAN E. RAMIREZ
5 VS | Clerk
| CAMERON COUNTY, T E X A S
6 CITY OF PORT ISABEL, TEXAS, |
MARIA DE JESUS GARZA, |
7 GUILLERMO TORRES, AND |
JOE E. VEGA | 444TH JUDICIAL DISTRICT
8
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
9
ON ABATEMENT FROM THIRTEENTH COURT OF APPEALS REMANDED TO TRIAL
10 COURT TO DETERMINE MATTERS REGARDING LEGAL AUTHORITY OF
ATTORNEYS COLLINS, GUTHRIE, LEWIS, COWEN AND PEREZ TO ACT AS
11 ATTORNEYS
12 October 8, A.D., 2015
13 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
14 On the 8th day of October, A.D., 2015, the foregoing
15 Proceedings came on to be heard outside the presence of a Jury,
16 in the above-entitled and -enumerated cause; and the following
17 proceedings were had before the Honorable Roberto "Bobby"
18 Flores, Judge Presiding, held in Edinburg, Hidalgo County,
19 Texas, USA:
20 Proceedings reported by COMPUTERIZED INTEGRATED
21 COURTROOM REALTIME, STENOTYPE MACHINE; Reporter's Record
22 produced BY COMPUTER-ASSISTED TRANSCRIPTION.
T
23 e
xt
JESSIE C. SALAZAR, Texas CSR #4286
24 Official Court Reporter - 139th Judicial District Court
Hidalgo County Courthouse
25 100 North Closner, Second Floor
Edinburg, Texas 78539 USA / 956.318.2260
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
2
1 A P P E A R A N C E S:
2 HON. HUMBERTO SILVA
SBOT NO. 18351430
3 LAW OFFICE OF HUMBERTO SILVA
P.O. Box 2091
4 Donna, Texas 78537
Telephone: 956.463.4896
5 Facsimile: 956.259.8010
6 ATTORNEY FOR CITY OF PORT ISABEL
7
HON. ROBERT COLLINS
8 SBOT NO. 04618100
ROBERT L. COLLINS & ASSOCIATES
9 P. O. Box 7726
Houston, Texas 77270-7726
10 Telephone: 713.467.8884
Facsimile: 713.467.8883
11
ATTORNEY FOR CITY OF PORT ISABEL
12
13 HON. VICTOR RICARDO RAMIREZ
SBOT NO. 24048750
14 LAW OFFICE
905 E. Jackson Street
15 Brownsville, Texas 78520-5923
Telephone: 956.621.2446
16 Facsimile: 956.
17 ATTORNEY FOR JUAN JOSE "J.J." ZAMORA AND MARTIN C. CANTU
18
HON. LUCIA MARIE CEASER
19 SBOT NO. 24074016
HON. MALORIE PEACOCK
20 SBOT NO. 24077293
THE COWEN LAW GROUP
21 62 E. Price Road
Brownsville, Texas 78521
22 Telephone: 956.541.4981
Facsimile: 956.504.3674
23
ATTORNEYS FOR MARIA DE JESUS GARZA AND JOE E. VEGA
24
25
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
3
1 OCTOBER 8, 2015
2 MORNING SESSION
3 P R O C E E D I N G S
4 THE COURT: Good morning. Be seated, please.
5 I think I left the file in the --
6 I'm going to call Cause Number DLC-02342. It's
7 styled Juan Jose, J.J. Zamora and Martin Cantu versus City of
8 Port Isabel, Texas.
9 Can I have the announcement of the parties,
10 please.
11 Mr. Fisher, how are you doing?
12 MR. FISHER: I'm doing fine, Judge. Thank you.
13 THE COURT: I haven't seen you in a long time.
14 MR. FISHER: It has been a long time.
15 MR. COLLINS: Good morning, Your Honor.
16 Robert Collins.
17 THE COURT: Okay.
18 MR. COLLINS: City of Port Isabel.
19 MR. SILVA: Humberto Silva, Your Honor. I am the
20 Movant, and City of Port Isabel as well.
21 THE COURT: Okay.
22 MS. CEASER: Good morning, Your Honor.
23 Lucia Ceaser and Malorie Peacock for The Cowen
24 Law Group for Defendants Mayor Vega and Commissioner Garza.
25 THE COURT: Okay. Both of you together?
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
4
1 MS. CEASER: Yes.
2 THE COURT: Okay. The first motion that we have
3 is you had a Motion to Show Authority?
4 MR. SILVA: Yes, Your Honor. And just, if I may,
5 Your Honor. If you recall, this case was -- was mandated by the
6 Court of Appeals to be heard on --
7 THE COURT: Yes. In fact, I was reading the
8 order and I --
9 MR. SILVA: Right.
10 THE COURT: -- was mandated to have an immediate
11 hearing and it's been awhile.
12 MR. SILVA: Yes, it is.
13 THE COURT: So --
14 MR. SILVA: And just for the record, Your Honor,
15 it was scheduled for the 6th of August, and for whatever reason,
16 it got reset. And then it was scheduled again for the 28th and
17 there was a continuance at that time that was granted.
18 THE COURT: I think Mr. Collins was out.
19 MR. SILVA: Yes, he was out.
20 THE COURT: Unavailable at that time.
21 MR. SILVA: Right. I have another announcement,
22 Your Honor.
23 MR. RAMIREZ: Good morning, Judge.
24 Victor Ramirez appearing on behalf of Mr. Cantu
25 and Mr. Zamora.
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
5
1 THE COURT: Okay.
2 MR. SILVA: And so, Your Honor, we are here to
3 urge, and as I understand it, Your Honor, the -- the Court of
4 Appeals, basically, abated all proceedings just so that we can
5 have this hearing heard.
6 THE COURT: Based on your motion, right?
7 MR. SILVA: Yes. On my Motion to Show Authority.
8 THE COURT: Okay.
9 MR. SILVA: And that's all I -- that's all I have
10 to urge today, Your Honor. I don't know if there's any other
11 motion that anybody would urge, but I think the mandate is
12 pretty clear.
13 THE COURT: Okay. Mr. Collins.
14 MR. COLLINS: Yes, Your Honor. As a preliminary
15 matter, and I think we just heard Mr. Silva correctly state that
16 he is the Movant on --
17 THE COURT: Right.
18 MR. COLLINS: -- today's proceeding. The case of
19 Phillips v. Phillips directs us that Mr. Silva has no standing
20 to be the Movant. And we filed a response objecting to his
21 motion on the grounds that he has no standing. That precise
22 issue was raised in the Phillips case, 244 S.W.3d 433.
23 THE COURT: Okay.
24 MR. COLLINS: The precise issue was raised there
25 because Rule 12 is the only ground upon which this can be based
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
6
1 and Rule 12 says a party must make a motion. Originally, under
2 the Rule, as it existed, it only applied to plaintiffs in 1980
3 -- in the 1980s it was changed to apply to both parties so that
4 either party can challenge the authority of the attorney for the
5 other party -- for the other party.
6 THE COURT: Okay.
7 MR. COLLINS: What we have here is Mr. Silva, as
8 an attorney, filing a motion challenging counsel for one of the
9 parties. He's not a party. No party has made that motion. And
10 based upon the Phillips case -- that's exactly what happened in
11 the Phillips, Judge. One of the lawyers made the motion and the
12 Court of Appeals said this is disposed of as a matter of law.
13 That it must be a party. That no party has made that motion.
14 So we move to dismiss his motion and to have it
15 denied as a matter of law because the Court of Appeals said it
16 is a question of law on the grounds that no party has made that
17 motion. Mr. Silva is the Movant; as the attorney, he has no
18 standing to support the issue.
19 MR. SILVA: May I address the Court, Your Honor?
20 THE COURT: Yes, sir. I'm interested in the
21 standing part of it.
22 MR. SILVA: Yeah, and that's the reason why we
23 are here, Your Honor. And it's convenient for Mr. Collins to
24 indicate that I -- I am not urging this motion on behalf of the
25 party. Obviously, I am here on behalf of the City of Port
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1 MR. COLLINS: Your Honor, I have a copy of the
2 docket sheet. I have marked it as Exhibit 20 and I'd ask the
3 Court to take judicial notice, it's on I-Docket, that I am
4 counsel of record today for the City of Port Isabel. I've
5 marked it as Defendant's Exhibit 20.
6 THE COURT: I have taken judicial notice of the
7 document. I will admit that.
8 MR. COLLINS: Thank you, Your Honor. I would
9 offer it. You want this?
10 THE COURT: Yes.
11 MR. COLLINS: Yes, sir.
12 THE COURT: Thank you.
13 Q. (BY MR. COLLINS) That's a copy of the docket sheet as
14 of today, the active docket of that litigation between the City
15 of Brownsville and the City of Port Isabel which reflects that I
16 am the attorney for the City of Port Isabel as the city
17 attorney.
18 There has not been any action by the City of Port
19 Isabel or anybody out there claiming that I'm not representing
20 the city as the city attorney in that lawsuit involving the City
21 of Brownsville has there?
22 A. No.
23 Q. Now, let's go to these meetings that you were asked
24 about. I think the first one you were asked about was Silva
25 Exhibit 3. That's the May 19th meeting?
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1 A. I think that was the June 1st. For Humberlo Silva?
2 Q. Yes. Well, Exhibit 3. I think you marked it as
3 Exhibit 3?
4 A. Yes. May 19th, yes.
5 Q. And that's May 19th. Now, I think you told us that
6 you didn't post, as the city secretary of the City of Port
7 Isabel, you posted no notice for that meeting, correct?
8 A. Yes.
9 Q. And I think you told us under the city charter the
10 city secretary is required to be the person to post any notice
11 of a valid meeting of the city, correct?
12 A. Yes.
13 Q. And that chart -- that's the charter that's in
14 evidence before the Judge that requires that the city secretary,
15 you as the city secretary, post any notice of any valid lawful
16 meeting, correct?
17 A. Yes.
18 Q. In any event, with respect to this May 19th meeting
19 that has been offered as Exhibit 3, you did not post any notice
20 for that meeting, correct?
21 A. Yes, that's correct.
22 Q. Okay. Now, let's look at those minutes.
23 At the time that this meeting occurred, May 19th,
24 2015, the Judge had already signed the Temporary Injunction and
25 Mr. Cantu and Mr. Zamora were allowed to serve or sit as -- as
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1 city commissioners based upon the Temporary Injunction in this
2 case, right?
3 A. Yes.
4 MR. SILVA: I'm going to object to that, Your
5 Honor. I think that calls for speculation, and also I think
6 it's -- I think that the document is already in the Court's file
7 and the Court can take judicial notice.
8 THE COURT: You have any personal knowledge about
9 that, ma'am?
10 THE WITNESS: I'm sorry?
11 THE COURT: Any personal knowledge in response to
12 that question?
13 THE WITNESS: No, I don't.
14 THE COURT: Okay.
15 Q. (BY MR. COLLINS) Let me ask it this way then. You
16 were aware that the Court entered a Temporary Injunction Order,
17 correct?
18 A. Yes. Yes.
19 Q. You were at the meeting where Mr. Zamora and Mr. Cantu
20 had been removed by vote of the city commission as city
21 commissioners?
22 A. Yes.
23 Q. You knew that there was litigation that came out of
24 that?
25 A. Yes.
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1 Q. Correct? You knew that I was defending the City of
2 Port Isabel and the three commissioners in the official
3 capacities as the city attorney on behalf of the city and that
4 I'm representing the city in that litigation? You knew that?
5 A. Yes.
6 Q. And that's common knowledge within the City of Port
7 Isabel, the commissioners and the mayor know that?
8 A. Yes.
9 Q. With respect to this May 19th meeting, this May 19th
10 meeting happened because Mr. Zamora and Mr. Cantu had filed a
11 request for it, correct?
12 A. Yes.
13 Q. Now, in this meeting they had requested that the --
14 and it's in -- the minutes are in evidence, they had requested
15 that the -- that the business of the meeting relate to this
16 lawsuit, that is Item 1, which says what it says, terminate
17 whatever this means, terminate any non-employee, contractual
18 relationship for legal services between Robert Collins, or any
19 affiliated entity in the City of Port Isabel effective
20 immediately. That was what Mr. Zamora and Mr. Cantu requested
21 be on the agenda for that meeting, right?
22 A. Yes.
23 Q. And in fact, Mr. Zamora, one of the plaintiffs in the
24 case, is the one who made the motion for that to be passed,
25 correct?
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1 A. Yes.
2 Q. Has anybody ever told you that there's a court order
3 that says that Mr. Cantu and Mr. Zamora can ignore their own
4 personal interest and conflicts of personal interest --
5 MR. SILVA: I'm going to object to that, Your
6 Honor.
7 Q. -- in voting as city --
8 THE COURT: Let him finish the question.
9 MR. COLLINS: And so I can clarify it, Judge?
10 Q. (BY MR. COLLINS) Have you ever been informed of any
11 court order, or have Mr. Zamora or Mr. Cantu told you in any way
12 that they can vote even if they have a personal interest in the
13 outcome of the vote?
14 A. No.
15 Q. You are aware, as the city secretary you have taken
16 extensive training through TML and otherwise on conflict of
17 interest, correct?
18 A. Yes.
19 Q. And if a city commissioner has a personal interest in
20 the outcome of something, they're not allowed to vote on it, are
21 they?
22 MR. SILVA: I'm going to object.
23 A. No.
24 MR. SILVA: Object to that, Your Honor. She is
25 not an expert in -- in the issues of conflict of interest.
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1 THE COURT: Ma'am, do you have any personal
2 knowledge? I mean, do you have any legal knowledge of that?
3 THE WITNESS: Well, I know that they are not
4 supposed to vote if it pertains to them.
5 THE COURT: Okay.
6 A. Uh-huh.
7 MR. COLLINS: And I can develop that, Judge.
8 Q. (BY MR. COLLINS) You have learned that because you
9 have had special training through the City Secretary Association
10 --
11 A. Uh-huh.
12 Q. -- through the Texas Municipal League, and through all
13 the other information available to you as an official city
14 secretary of a city in the State of Texas?
15 A. Yes.
16 Q. So you are familiar with the Conflict of Interest
17 Rules and you have learned them because that's part of your job?
18 A. Yes.
19 Q. And it's part of your job to observe when an agenda is
20 being placed that violates conflict of interest?
21 A. Yes.
22 Q. Or when a motion is being made that violates conflict
23 of interest, or when a vote is taken that violates the conflict
24 of interest?
25 A. Yes.
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1 Q. So Mr. Zamora and Mr. Cantu, I mean, based upon what
2 happened at that meeting, this Item Number 1 about contractual
3 relationship with me. And let's look at Item Number 2. The
4 meeting that Mr. Cantu and Mr. Zamora had set up Item 2: Action
5 to vacate any finding that Cantu and Zamora were disqualified
6 from office and to rescind any action taken to have removed them
7 from office previously.
8 That was their Item 2, wasn't it?
9 A. Yes.
10 Q. That had already happened back in April. That's why
11 we had a lawsuit and why the Judge had a hearing and the order
12 then allowing them to go back and act as city commissioners.
13 This is their first action, is that --
14 MR. SILVA: Judge, I'm going to object to going
15 back to what was already heard by this Court back on April the
16 13th, Your Honor. I mean, he wants to have another bite at the
17 apple on those issues. Those are on appeal, Your Honor.
18 Whether the removal was proper or not back then --
19 MR. COLLINS: Objection to the speaking
20 objection.
21 MR. SILVA: That's an issue that's on appeal,
22 Your Honor, and we need to get to the issue of does he have
23 authority to -- to go forward.
24 THE COURT: I think that's what the issue is
25 today.
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1 MR. SILVA: Yes.
2 MR. COLLINS: And the issue here is, Judge,
3 they're trying to use this action by Mr. Zamora and Mr. Cantu to
4 bootstrap themselves into claiming that there's no authority.
5 And what I'm -- what I'm proving to the Court, I
6 believe, is that there's a conflict of interest these are
7 invalid actions. And we'll have further testimony about that.
8 That this was all invalid because they have personal conflict of
9 interest.
10 So here's what's happened. The Court said you
11 can go back. You can serve as city commissioners. I don't
12 think the Court's order, and I can't believe the Court would
13 intend that you can also go back and you can violate the
14 Conflict of Interest Rules by voting.
15 MR. SILVA: Your Honor --
16 MR. COLLINS: That's nowhere in evidence.
17 MR. SILVA: I'm going to object. He's basically
18 arguing --
19 MR. COLLINS: So they are trying to withdraw.
20 MR. SILVA: He's arguing --
21 COURT DEPUTY: One at a time, please. One at a
22 time.
23 THE COURT: One at a time.
24 MR. COLLINS: So they are trying to claim I have
25 no authority through action they later took for which is invalid
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1 and void because they had conflict. That's all I'm establishing
2 is that they are the ones who had the personal interest in this
3 and I'm going down the list of what he put in evidence.
4 MR. SILVA: Your Honor, I'm going to object to
5 all this -- all this -- all this --
6 THE COURT: What's your objection?
7 MR. SILVA: -- running narrative on the issue of
8 -- of whether or not they were properly or not properly
9 disqualified or removed, or whatever they want to call it.
10 THE COURT: Mr. Silva, let me just tell you
11 something. I will let you guys speak as much as you want, but
12 I'm the filter.
13 MR. SILVA: Right.
14 THE COURT: I'm going to consider what I think is
15 valid and --
16 MR. SILVA: Okay.
17 THE COURT: -- I'm going to throw out stuff
18 that's not valid. There's a lot of stuff that's been said
19 already that I'm not even considering. But if you guys want to
20 talk, you know, just waste time, I've got no problem with that.
21 MR. SILVA: Okay.
22 THE COURT: One thing I have right now, I have a
23 lot of time. So let Mr. Collins talk until he's blue in the
24 face. Let him say whatever he wants to say.
25 There's a record there. I want the record to be
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1 clear. That way he can do whatever he needs to do, okay?
2 Go ahead.
3 MR. COLLINS: Thank you, Your Honor.
4 Q. (BY MR. COLLINS) So let's look at Item Number 2 on
5 the minutes that they put into evidence, Ms. Alcocer. That was
6 where Mr. Cantu and Mr. Zamora had requested that the commission
7 consider rescinding or vacating the findings that they were
8 disqualified from serving; is that right?
9 A. That's correct.
10 MR. SILVA: Your Honor -- I want to object again,
11 Your Honor. She is not an attorney, Your Honor, to make these
12 decisions. She is not a judge to make those decisions either,
13 Judge. He's asking her --
14 THE COURT: What was your question again?
15 MR. COLLINS: I asked her if that's what this
16 provides in these minutes --
17 MR. SILVA: He's asking --
18 MR. COLLINS: -- that --
19 MR. SILVA: -- her to make a conclusion, Your
20 Honor.
21 THE COURT: Ask her the question again so I
22 can --
23 MR. COLLINS: Yes, sir.
24 Q. (BY MR. COLLINS) Item 2 on the minutes -- you were at
25 this meeting, correct, ma'am?
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1 A. Yes.
2 Q. And you prepared minutes based upon what you
3 understood happened at the meeting, right?
4 A. Yes.
5 Q. Now, Item 2 in this meeting, in this May 19th meeting,
6 was requested by Mr. Cantu and Mr. Zamora to be on the agenda,
7 right?
8 A. Yes.
9 Q. And in fact, Mr. Cantu seconded the motion with
10 respect to Item 2, right?
11 A. Yes.
12 Q. And that motion that he seconded related to rescinding
13 the finding that he was disqualified from being in office,
14 right?
15 A. Yes.
16 Q. And then after he made the second to that motion when
17 it was voted on, both he and Mr. Zamora both voted to rescind
18 the previous finding that they were disqualified and removed
19 from office, didn't they?
20 A. Yes.
21 Q. They both voted on the motion related to their
22 position on the commission?
23 A. Yes.
24 Q. Prior to this meeting taking place, or actually at the
25 beginning of this meeting at the top of that page of the
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1 minutes, there's a statement by Mayor Vega. Do you see that?
2 It's a large paragraph above new business.
3 MR. COLLINS: Judge, I have a copy if you want to
4 --
5 THE COURT: No --
6 THE WITNESS: Yes.
7 THE COURT: -- I'd rather listen to the
8 testimony.
9 Q. (BY MR. COLLINS) Mayor Vega made a statement there.
10 It was a public statement that was made on the record. It was
11 made with Mr. Zamora and Mr. Cantu sitting there listening to
12 it, correct?
13 A. Yes.
14 Q. And in that statement, it says in here that Mayor Vega
15 said that any effort by Mr. Cantu or Mr. Zamora to interfere in
16 the lawsuit, to interfere in representation by Mr. Collins of
17 the city, to rescind any action against them, that anything like
18 that would be a conflict of interest and null and void. He gave
19 that notice. He did it orally and it's in the minutes, correct?
20 A. Yes.
21 Q. And it was only after the mayor made that statement
22 that any action by Mr. Cantu or Mr. Zamora will be void, only
23 after that did they bring up these items of new business, make
24 the motions and seconds to pass them and then they both voted in
25 favor of passing the bill, correct?
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1 A. That's correct.
2 Q. And in each of those instances, as the city secretary,
3 it's your position they had a personal conflict of interest and
4 those are invalid actions?
5 MR. SILVA: I would object to that, Your Honor.
6 Again, he's asking her to make conclusions --
7 THE COURT: That's sustained.
8 MR. SILVA: -- and she's not qualified.
9 MR. COLLINS: Yes, sir.
10 Q. (BY MR. COLLINS) So let's look at Item 3 on the
11 agenda that Mr. Zamora and Mr. Cantu had placed. In that item,
12 Mr. Zamora seconded that motion, right?
13 A. Yes.
14 Q. And both Mr. Cantu and Mr. Zamora voted in favor of
15 it, correct?
16 A. Yes.
17 Q. Now, without a second, the motion wouldn't even be
18 considered, would it?
19 A. No.
20 Q. I mean, in the City of Port Isabel under the rules
21 that you operate under for procedure, if there's no second, then
22 there's no motion to be voted on, correct?
23 A. That's correct.
24 Q. So in -- in -- with respect to Item Number 1, Mr.
25 Zamora made the motion, he had a conflict for that in your view
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1 why we're here is that Mr. Collins --
2 THE COURT: That exhibit is admitted. I don't
3 care how it's labeled, but it's admitted.
4 MR. RAMIREZ: Well, just for clarity, that he --
5 we are here just for the fact that Mr. Collins doesn't represent
6 the City of Port Isabel. Just to the make that clear for the
7 record, Judge.
8 MR. COLLINS: Is it admitted?
9 THE COURT: We'll worry about labeling later, but
10 Exhibit 1 --
11 MR. RAMIREZ: Yes, Your Honor.
12 THE COURT: -- will be admitted.
13 MR. COLLINS: Thank you, Your Honor.
14 Q. (BY MR. COLLINS) Ms. Alcocer, let's look at the
15 notice of the special meeting that was posted by someone. I
16 think earlier you testified that Mr. Cantu and Mr. Zamora posted
17 it.
18 A. Yes.
19 Q. On the first part of the notice that you placed on an
20 official meeting for the City of Port Isabel, you referenced the
21 city charter provision under which the meeting is going to be
22 held, don't you, ma'am?
23 A. Yes.
24 Q. And, generally, in the notices that you posted, you
25 created as city secretary pursuant to the city charter which
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1 requires you to be the person to do that, doesn't it?
2 A. Yes.
3 Q. And when you do that, you refer to Section 2.02 of the
4 city charter as the basis for the meeting to be convened?
5 A. Yes.
6 Q. Here, on what's in evidence, the -- the plaintiffs in
7 this case filed something in accordance with Section 2.11 of the
8 city charter. You see that? On the document that they had
9 posted?
10 A. No, I don't.
11 Q. Where it says notice is hereby given?
12 A. On that other one? Oh, okay.
13 Q. That's what it says, isn't it?
14 A. Yes.
15 Q. 2.11. But there is no 2.11 in the city charter, is
16 there?
17 A. No, there isn't.
18 Q. So far as you're concerned as the city secretary, then
19 no proper notice was given for the May 19th meeting --
20 MR. SILVA: I'm going to object.
21 THE COURT: Sustained. That's sustained.
22 Q. (BY MR. COLLINS) So let's go then to that next
23 meeting, June the 1st. You have before you there Exhibit 5 that
24 Mr. Silva offered?
25 A. Uh-huh.
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1 Q. Do you have it?
2 A. Yes.
3 Q. Okay. Ma'am, that Exhibit 5 is the June 1st meeting.
4 And it shows that the approval of the May 19th -- you were asked
5 about the approval of the May 19th minutes. The approval of the
6 May 19th minutes is on the bottom of Exhibit 5, isn't it, Item
7 1?
8 A. Yes.
9 Q. D-1. And the people who approved that May 19th
10 commission meeting minutes were Commissioner Martin Cantu made
11 the motion and Commissioner Zamora made the second and the two
12 of them voted in favor of approving those minutes, correct?
13 A. Yes.
14 Q. And, again, that May 19th meeting related to matters
15 concerning this lawsuit, right?
16 A. Yes.
17 Q. Then on the second page of Exhibit 5, Mr. Zamora made
18 a motion; Mr. Cantu seconded it to go into a closed session,
19 right?
20 A. Yes.
21 Q. Okay. The notice of what would be considered in that
22 closed session was -- you don't have that notice with you, do
23 you?
24 A. No.
25 MR. COLLINS: May I approach, Your Honor? I have
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1 marked this as Port Isabel No. 2.
2 THE COURT: Yes, you may.
3 MR. COLLINS: Just so we can have something to
4 keep it separate.
5 Q. (BY MR. COLLINS) Show you what's been marked as Port
6 Isabel No. 2. That's the notice of that June 1st meeting?
7 A. Yes.
8 Q. And this one is signed by you as the city secretary,
9 right?
10 A. Yes.
11 Q. The only thing that's on here is -- under this notice
12 is closed session. And no information is given about what would
13 be considered in closed session other than pending, or
14 contemplated litigation on Items 2 and 3, right?
15 And it talks about the parties, or some parties.
16 On Item 2 it says litigation between City of Port Isabel and the
17 City of Brownsville concerning -- regarding the annexation. Do
18 you see that?
19 A. Yes.
20 Q. And that's the one we talked about earlier where the
21 docket sheet reflects that I'm the attorney representing the
22 city in that case that was considered in closed session on June
23 the 1st.
24 Item 3 there relates to -- it doesn't have the
25 cause number of any case, does it?
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1 A. No.
2 Q. Item 3 says city of -- deliberation regarding the City
3 of Port Isabel, Texas, semicolon, Maria de Jesus Garza,
4 semicolon, Guillermo Torres and Joe E. Vega versus Juan Jose
5 J.J. Zamora and Martin C. Cantu pursuant to government code
6 pending or contemplated litigation.
7 Are you aware of any lawsuit where the City of
8 Port Isabel sued Mr. Zamora or Mr. Cantu?
9 A. No.
10 Q. So if you looked at this and said City of Port Isabel,
11 Garza Torres and Vega versus Zamora and Cantu, that's not a
12 pending lawsuit at that time, is it?
13 MR. SILVA: Objection, Your Honor. It's calling
14 for speculation and he's asking her --
15 THE COURT: Do you have any idea, ma'am?
16 THE WITNESS: No.
17 Q. (BY MR. COLLINS) It's not -- it wasn't pending
18 litigation at that time of any lawsuit?
19 MR. SILVA: I'm going to object to that again,
20 Your Honor.
21 THE COURT: Ma'am, do you have any knowledge of
22 that?
23 THE WITNESS: No.
24 THE COURT: Okay. Ask another questions.
25 MR. COLLINS: Yes, sir.
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1 Q. (BY MR. COLLINS) So then after that notice we go to
2 the Exhibit 5. And Exhibit 5, Item 2 indicates that the lawsuit
3 with the City of Brownsville, that I put the docket sheet into
4 evidence for, was discussed, right?
5 A. Yes.
6 Q. Item 2. It was discussed, but no action was taken,
7 right?
8 MR. SILVA: I'm going to object to that, Your
9 Honor. I think the minutes speak for themselves, Your Honor.
10 THE COURT: Ma'am, do you have any idea?
11 THE WITNESS: I don't because it was discussed
12 under closed session and they came out and say what they
13 discussed in close session to approve.
14 THE COURT: You have no idea what was determined?
15 No.
16 THE WITNESS: To proceed with the --
17 THE COURT: Ask another question, please.
18 MR. COLLINS: Yes.
19 Q. (BY MR. COLLINS) Item 3, that's -- that's -- I
20 noticed you were struggling with reading that?
21 A. Because I didn't understand.
22 Q. Because it's gibberish, isn't it?
23 MR. SILVA: Objection, Your Honor.
24 Q. Because it's nonsense. It doesn't make sense in the
25 English language, does it?
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1 A. No.
2 Q. It doesn't. It doesn't make any sense -- the item
3 there concerning what happened, Commission Martin C. Cantu
4 motioned and voted 3 for and one against, you can't tell what
5 they were voting about there, can you, from the words that are
6 in these minutes? It's nonsense, isn't it?
7 MR. SILVA: Objection, Your Honor.
8 Q. (BY MR. COLLINS) As it is written here?
9 THE COURT: Ma'am, if you don't know the answer
10 to that just say you don't know the answer to that. It's very
11 simple. I don't want you to have to stress or guess something,
12 okay?
13 THE WITNESS: Okay.
14 Q. (BY MR. COLLINS) You don't have to guess, but when
15 you read this fairly, Ms. Alcocer, as the city secretary for the
16 City of Port Isabel, a person in the public couldn't tell what
17 happened here, could they?
18 A. No.
19 MR. SILVA: I want to object to that. Calls for
20 speculation as to what the public can or cannot --
21 THE COURT: That's sustained. That's sustained.
22 Q. (BY MR. COLLINS) The Item 3 minutes here, as the city
23 secretary, do they make any sense to you?
24 A. No.
25 Q. The person who signs these minutes, again, is Martin
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1 A. Until 2005, yes.
2 Q. Yes, sir. And since then you have worked with him in
3 a lot of other capacities?
4 A. Not with him. I have worked for many cities and he's
5 worked for those cities as well, in some cases, a couple of
6 cases actually. Actually, only two to tell you the truth.
7 Q. There is no written representation agreement between
8 the city of Port Isabel and Mr. Silva, correct?
9 A. No.
10 Q. There is no document that would reflect that he's the
11 lawyer working for the City of Port Isabel as an agreement or
12 memorandum of representation or fee agreement or anything of
13 that nature, correct?
14 A. No.
15 Q. I am correct; is that right?
16 A. Yes, there's no document.
17 Q. Okay. And I think you said it earlier. What you have
18 testified to, the purpose of Mr. Silva being retained is to
19 terminate the appeal of this lawsuit, correct?
20 A. Well, the purpose is to represent the city. The
21 instruction he was given was to terminate the appeal.
22 Q. So the whole purpose of your effort here to have Mr.
23 Silva represent the city in this lawsuit is to have him
24 terminate the appeal of this case that's pending before the
25 Thirteenth Court of Appeals, correct?
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1 to, you know, entities that he continues to represent Port
2 Isabel?
3 A. I'm very surprised.
4 Q. Has this ever happened to you in your 22 years of
5 experience as being a council member?
6 A. I have seen at least ten different city attorneys come
7 and go and where I was involved once they were terminated they
8 were gone and, you know, we start anew with the new attorney.
9 Q. Now, with regards to the way the agenda item wound up,
10 I guess, being posted, had it been -- had it been posted prior
11 to the Saturday giving notice of Exhibit No. 3, which was the
12 May the 19th setting?
13 A. Uh-huh.
14 Q. Yes?
15 A. Yes.
16 Q. Okay. And to your understanding was it -- was it
17 removed or ordered to be removed by Mr. Collins?
18 A. Yes, because Martin and I asked to be posted, then I
19 was told that I couldn't be so -- because the city manager
20 refused to answer the phone and talk to me and, you know, I was
21 completely left in the black and so Martin called back later
22 that after Jeffrey had been elected that it was better for him
23 and Jeffery to put the item on the agenda so --
24 Q. Now, as far as the --
25 MR. RAMIREZ: Pass the witness, Judge.
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
117
1 THE COURT: Mr. Collins.
2 MR. COLLINS: Yes, Judge. I have one witness.
3 THE COURT: Go ahead.
4 MR. COLLINS: Dennis Houfek. I don't think Mr.
5 Houfek was sworn earlier with all this.
6 THE COURT: Step forward, sir.
7 Raise up your right hand, sir.
8 (Witness sworn.)
9 THE COURT: Have a seat.
10 MR. COLLINS: May I proceed?
11 THE COURT: Yes, sir.
12 DENNIS HOUFEK,
13 having been duly sworn, testified upon his oath as follows,
14 to-wit:
15 DIRECT EXAMINATION
16 BY MR. COLLINS:
17 Q. Would you state your name, please.
18 A. My name is Dennis Houfek, H-O-U-F-E-K.
19 Q. You're a licensed practicing attorney in Texas?
20 A. I am.
21 Q. How long have you been a lawyer?
22 A. I was licensed in 1978.
23 Q. The first part of your career you served as a special
24 agent for the FBI?
25 A. I did.
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
118
1 Q. After leaving service of the FBI you went off into
2 private practice as a lawyer?
3 A. Yes, I did.
4 Q. As part of that work, since 2006, have you worked with
5 me as an assistant city attorney for the City of Port Isabel?
6 A. I have.
7 Q. Have you appeared in court on behalf of the City of
8 Port Isabel and executed transactions on behalf of the City of
9 Port Isabel in that capacity?
10 A. I have.
11 Q. As part of your special knowledge of this area, have
12 you attended courses of training on the issues of conflict of
13 interest for members of the public entity such as the City
14 Commission of Port Isabel?
15 A. Yes, I have.
16 Q. That would include courses from Texas Municipal League
17 and other legal-education-type courses and special study of
18 those issues as related to your service as the assistant city
19 attorney?
20 A. Yes, sir.
21 Q. You attended city commission meetings and gave advice
22 to the city on conflict of interest?
23 A. Yes.
24 Q. Gave advice to the city commissioners and the mayor
25 and city officials on their conflicts of interest with respect
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
121
1 of the meeting reflected by Exhibit 3 giving them notice, I
2 believe just before new business, that any actions that they
3 might take with respect to those items would be a conflict of
4 interest.
5 Is that what you're referring to -- is that --
6 that concept that Mayor Vega set forth in the statement what
7 you're referring to?
8 A. Yes.
9 Q. So with respect, for example, to the termination or
10 change of city attorney, dismissal of the appeal of this case
11 that we're here about, replacing the city manager with someone
12 that they selected, and then moving to rescind the authority to
13 hire counsel or to defend this case, are those matters about
14 which Mr. Cantu and Mr. Zamora would have had a conflict of
15 interest on?
16 A. Yes, sir.
17 Q. Does that render their actions with respect to those
18 matters on Exhibit 3 and Exhibit 5 invalid?
19 A. I believe it does.
20 Q. You heard the city secretary's testimony with respect
21 to Exhibit 5, Item Roman Numeral 7.3 for the city secretary I
22 think testified that that was nonsense and gibberish. Are you
23 able to discern to the level that the public must receive notice
24 for an item action like that 7.3, are you able to discern what
25 this -- what these minutes tell us about the action that was
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
123
1 Q. So is the meeting then a valid meeting and would the
2 action then taken at that meeting be valid?
3 A. Well, yes, it would.
4 Q. It would be valid?
5 A. Was invalid.
6 Q. Invalid?
7 A. Yes.
8 Q. I'm sorry. Let's be clear that we're communicating.
9 Would the action taken at the May 19th meeting be invalid based
10 upon the city secretary not posting the notice?
11 A. It would be invalid.
12 Q. Okay.
13 MR. COLLINS: I'll pass the witness.
14 MR. RAMIREZ: May I proceed, Your Honor?
15 CROSS EXAMINATION
16 BY MR. RAMIREZ:
17 Q. Mr. Pochek (sic)?
18 A. Houfek.
19 Q. I'm sorry.
20 A. Houfek.
21 Q. Okay.
22 A. H-O-U-F-E-K.
23 THE COURT: Houfek.
24 Q. (BY MR. RAMIERZ) Sir.
25 A. You will remember next time, right?
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
138
1 MR. COLLINS: And that's why I just needed to
2 offer that stipulation of the evidence.
3 Of course, we would also ask that the Court
4 consider all the affidavits and pleadings on file.
5 THE COURT: I'm going to consider everything that
6 I have before me and I will give it whatever weight it deserves.
7 MR. COLLINS: Thank you, Your Honor.
8 THE COURT: Okay.
9 MR. COLLINS: I think Mr. Cowan's office has
10 something to add.
11 MS. CEASER: Yes, Your Honor. I do have, if it
12 may please the Court, I'd like to go ahead and approach the
13 Court and hand you a copy of Michael Cowan's response to the
14 Motion to Short Authority and Strike Briefs filed in the
15 Thirteenth Court of Appeals.
16 THE COURT: Is that just a memo or?
17 MS. CEASER: It's a reply, Your Honor, that's
18 filed. It was not filed in the state court.
19 THE COURT: Have you received a copy of this?
20 MS. CEASER: They have, Your Honor. Everyone
21 has.
22 MR. SILVA: That was, again, filed at the Court
23 of Appeals in response to my Motion to Show Authority over
24 there.
25 THE COURT: Okay.
JESSIE C. SALAZAR, Texas CSR #4286
139th Judicial District Court § Hidalgo County, T E X A S
Exhibit D
' MINUTES OF A SPECIAL MEETING OF THE CITY OF PORT ISABEL COMMISSION
DATE: . Ju n~ 0 1-2013
TIME: 6 :fl(l p.m .
PLACE: Ci tY I Iall ClHtmhers ~ l eeting Room
MEMBERS PRESENT: .Joe E. \ '~ga, ~lan>r
.Juan _jose "J.J" Za mora, Commissio ner Place ~n.
~ lartin C. Can tu , Com mi ssio ner Place ~o . 3
.J effery D:\\·id ~larrin ez, Co mmission tr i'o.4
C it ~· :\norneY, Gilb~rt Hino josa
Jared Jloc kema , Interim C ity :\lanagcr
Susie .\lcocer, Ci tY Secre ta rY
MEMBERS ABSENT : :'llari:t d e .ll'>us ·· :'II.J '' ( ;:trZlll mt ;;lt>llcr Place J'..:, >. 2
ALSO PRESENT: Rey Puente, . \ndre:t Fazioh, Tommie Elium,
ORDER OF BUSINESS
I. CALL TO ORDER
!.I.tyor Joe E. \·ega called the m eeting ro order at 6:0{) pm.
II. INVOCATION
Dm·id \\'ooh·e rron gave the im·nca tion.
III. PLEDGE OF ALLEGIAN CE
C it~ · Co mmission led the Pledge of . \llcgiance .
IV. PUBLIC COMMENT / OPEN FORUM: PLEASE NOTE:
o Any person with business before the Commission, not scheduled on the Agenda as a
Public hearing may sp eak to the commission.
o Public Comment Forms are located on the table at the entran ce of the City Chambers meeting Room . [For
further information, contact the Office of the City Secretary]
o Public Comment Forms must b e filled out and presented to the City no later than fifteen (15) minutes
prior to scheduled start of the meeting, to be considered and recognized.
o The speaker mu s t state his/ her full name b efore s peaking.
o There is a three (3) minute time limit p er speaker.
o Public Comment Forms are not accepted after 5:45p.m.
o Power Point Presentations are not conducted during the public comment period .
None
V. Consent Agenda Item s:
All Consent Agenda items li sted arc considered to be routine by the City Commission and will be
approved by one m o tion. There will be no separate discussion of these items unless a City
Commissioner so requests, in which event the item will b e removed from the Consent Agenda and
considered in its n ormal sequence on the Agenda.
1. Consideration and ac tion to approve the Minutes of the following meetings:
• May 19, 2015 Special City Commission Meeting
C ommi s ~ ioncr \larri..t1 C. Cant11 morion~u ~econd In· Commi;,inner)uan_)ose ·'.J.J'' 7.a m tlra the Ci tr
Co mmi >sion \'Otcd iluee (3) for and one (1) ah>rai..tJs \\'ith :\[aror .Joe E . \'ega tn arpro\'C Ihe }.Linutcs for \far
19. ~() 1 "1 ..\loti on carried.
VI. CLOSED SESSION
( :omm JssJoner Juan J nse ' '_I_ I" Zamora motwned second b1· Comnussioncr ).farl in C. Cantil and all Ynting "aye:"
to go in 10 closed session lln sen·iccs of 1-Iumbcrto Silva to represent the citY in tlus matter and that the appeal
be term.i.t1ared. :\fotioned carried.
:\la1·or Joe E. \ 'ega abstains he would like 10 comult with his coumc.:l on this matter.
VIII. ADJOURNMENT
Commissioner \larrin C:. C.111ru motioned, seco nd In· Comnusswner Jdferr Davtd :\Jartu1ez and all
I'Otmg "are" to adjourn at-: ltl pm.
CITY OF PORT ISABEL, TEXAS
dt[!ld<'~'
Martin C. Cantu, Mayor- Pro-Temp
ATTEST:
usie Alcocer, CITY SECRETARY
CITY OF PORT ISABEL, TEXAS
l\HNUTES OF A SP ECIAL MEETING OF TH E CITY OF PORT ISABE L COMMISSION
DATE: ;-.lay l :CJannn rlw bcs r phlc<: ro rist: 1our cluldrcn fro m 100 Port ls:tbd came in :tt
RH. There are lfiiJI] of c itt:< in the sn1tc ofTexa~ and for Po rt l ~ahe l ro t1ualif1· rh:H i:.; hm1· except io nal ir is to Ji q: rn
Porr Isabel. T lu: reason that the C:i ry of Port !sahel made thc~c twn is l i~ t is we ha,·e a Ljuality ~taff and t jUalit ~·
leadcr~ hip rh:lt h a~ been going for a long time.
\fa~·orJ(It: E . \ "ega stated he wan I ~ ro read a sta temenl and asked In ph1ce iron minut e~ fo r the record:
The City Commissio n prc,·iously ,·ored 10 n:mm·e Comm.issumer J uan Jo~e "J.l'' /.amura and Commi ssioner \lartin
C Cantu from oftlce. .\fter consulting \"ith m~· counsel, I bc lie"C thai rhis remo,·al was 1:1\\·ful. Than t being said , ;I
local L"Ourt has en tered a tempnratT order permi tting Comm issio ner /.amora and Commissioner Cantu to ,·ntc at
this nH!t.:ting. Tlu~ ts onl~· a tell1j1Lir:try order and. based on m ~· consult :uio n with counsel, I am appeal.i.11g ir. If rhe
cnurr of appeals or Texas Suprt.:mc Court grants In)" appeal, Commissione r Z.tmom's n>1e \"ill not counl and
en·ryrh ing rhat I antiripalL' will happen ruda,· will be undone. I ;dso believe rha r Commis~wncr Canru and
Conumssioner /.;tmor;t as the pe rsons who brought a la\"~uil against the Ciry. and cr hic:d conflict \\'hich should
prohtbit them from ,·oting on matters relat ed to that hm·suir. .\ny nne ro remon: 1hc City .\ttomL')" or CitY
;\ [anage r b y Commissio ner Z:unor:1 and Cnmm i s~ io n e r Can tu is also a violarion o( rheir e rhical dury as they ha\·e a
conl1ic1 nf intcre~ t since rht:se action s art: dt:signcd to cause 1he City to abandon irs righr ro appeal tha i o rder as well.
I ohjccr to Commi~ ston t: r L;lmo ra n1ring on :mr matter and co nsider ,u1y \'Ole he m:l\· make In he null and ,·oid.
In relar ion to the items rhey h:n·e been placed on the agenda lonighr, 1 bclie, ·c they cons titure a contlict of in1eresr
for bnrh Commissioner l.amora and Co mm issioner Ca n tu and I belic.:\T rha1 i[ rhey Yote on an\· such matter rhar
rhere \'O re will be illegal and null and ,·oid. Th:n being said , I am going to comply "·ith the orde r of the courl, and
\"til allo\\· Commissione r /..amo ra ami C ommis~ioner Can tu 10 parrici p:llc :1nd for them 10 he able 10 claim I () ,·o te
suhjL·cr ro my pt· nd ing appc;rl and objections,
V. NEW B US IN E SS
I. C on s id e ratio n and p oss ibl e a ctiou to te rmin a te any n o n -emp loyee contractua l rela tio n s hip
for legal serv ices b e twc::en R obert Co llin s, or a ny a ffilia ted entity, a nd th e C ity o f P o rt
Isabe l, effec tive immc:: di ately .
Commissione r Juan _lnse "'J.j' ' Z amora motioned, second by Commissioner _lefferr D:n-id :.Iartinez
( iry Commis sion 1he City Conun.isston ,·o ted rhret: (3) for and two (2) aga m~t "·ith .\ Iayor Joe E.
\ "ega :t ml Co mmi ssioner \Iari:r de Jesus "\IJ" Ga rza ,·ottng ago~insr to tt: rminale :my non-cmplort:t
conrraclual relationslup for legal 't:n· ice~ between Rol)('rl Collins, Ill" an1· a ffilimed en ri ty, :111d
rhc Cit~· of l'n r1 k tlw l, cffcc tt' L' immedi:udy. Th t: m o tio n ca l"ried.
2. Co n s ideratio n a n d po s~ ib l e ac ti o n to \'a cate a n y fi ndi ng by th e P o rt Is a be l Citv
Co mm i s~ i o n on Ap ri l"l3, 2015 th at Martin Ca n t u a nd J.J. Zam ora \"e re d isq u a lifi e d from
office, a n d to rescind any ac ti on take n to rem ove th em .
Commissio ne r Jcffcr~· D :l\·id .\lartincz motioned, second b~· Commissioncr \I:trtin C. Can tu Ciry
Commission the Ciry Cn mmi~sinn ,·otcd th rce (3) for and rwo (2) against \"ith .\ b~ ·or Joc F.. \·ega
and Commi ssioner ,\ laria de J esus ":, W' Ga rza \'flling against ro Ya ca 1c an y findin g by r h c
l' o r1 Isabel C ir)· c:ommis· o f the ciry com missilln in pcnding and / or
threarened ljtig:uion. and 1o r,·,cllld •lpp ru\':11 ro pa ~· .1111' ll· C~ incurred hr outsidc tounsel, cffecr n c
\b1 (,, 21115, consisrenl \\·ith .1 tlnding uucler Ordin:llll"e :\umber _)(J -1 rhar rhc p~.: nding and / or
l"<11Hl"111pl.tit.:d hrig:uin n 10 " ·hich members or t"nrmc r mc mhr r' I)( rhc ci ry crHnnu `` i o n 111>11' h..: :t
pam· dnt·> nor arise !"rom :rc11ons lakl'll for or Cllt bt•h;tl f of lht c it ~·. :1nd fu rthe r fimling rh:ll surh ll'e '
:tre nol rc.r ~o nah lt:. T be m o tio n c a rried.
4. Consideratio n ami p osti ib lc acti o n to rescind approva l of th e re ten tion o f o u ts ide co uns el to it1Yestig..1R'
:md/ or prose c u te p otential vio lati o ns of the c ity c ha n c r, an d othe r m atters.
Comnussioncr JcffetY D:t"ld .\Ltrtina m•J tt(ltled, ~econd br ( :ommi ssioner .\larrin C. Ca n1u Cirr Commission the
Cit~· Com mi~ sHH l \·otetl thn:t (3) for and two (2) ab~t;tin with \!a~·o r Jne 1-:. \ ·ega and Cn mmi~sioner \ [a ria de Je~us
".\~]"(,art.a yelling abstain to rc,nndappnn·:tlof rhe reten tion ut" ll lll '> ld c nlllnscltq im·e~ngatc:uxl/or pwsccurt
potcnllal ,·iolari o n ~ of the t:iry ch;trt cr, .tnd ot her matter ~. Th e m oti o n canied.
:>. Cons ideration a nd poss ibl e actio n to appoint a city attorney.
Co mmt ~Si()lw r .\larrin C. C:11l lll nHJiio ncd. sccnnd h~· Commi:<:;wnerju;IIJ Jn~c 'JI'' /.a mora the Ci tr Com tnission
\'Otctl rhn:c (3) for and t\n) (2) ;thstai n wirh .\faym .Joe L::. \-ega and C:ommissiom:r \ [aria Je Jesus '' .\1_1" Garza
abstai t ~> '" :tppoint a cit~ .lllu~ ".\l_l" Carza motioned, second by Commissioner \ {arl in C. C tn tu to come nut of closed
session at 7 :S l \\'ilh no official :tcrio n mkcn .
A. To d e liberate the appointment, emp loy ment, eva luation, reass ig nment, duties, disci plines,
or di s mi ssal of rh e city attorney, pmsmUlt to the Texas Open 1\tleeti ngs Ac t, &"'(.'lion 55lJJ74
(l)(a).
Tlus items \\·as r-ablcd rhn too k acr-inn o n New Bu:;u1ess I rem No. I.
B. T o delibcmte the appo intmen t, e m p loymen t, C\'alu ;t!"io n, rcassignmt~nt, dll[ies, discipline, or
dism issal of th e city m an ag er pms uant to the Texas Open Meetings Act, Section 551.07-t
(l)(a) .
Commissio n..: r :\Jarrin C. Cantu mo1io ned, seco nd h~· Commi ssioner jL·ffny D;t\'id \1art ine7. Cit:·
Commission rhc City Commis:;ion ,·oted th ree(:)) for and t"\n> (2) againsr wirh ;\[a~·o r _loe E. \'eg.t and
Commissioner \fa ria de Jesus ".\ [_]' ' Gm·za n1ring agai n ~t ro rcnninate the City .\lanager. Etl\\'a rd \ fez;l
ci!cctin~ immediately.
Commissione r J uan Jose "J.I" Za mon1included also tlu11· the Ciry \fan;tgcr. Edw;trd \feza rurn in all rhc
keys ro the c ir ~- - The m otion carried.
C. To ddi!Jcnll'e th e appo intm ent, employm e nt or duties of an intl· rim ci ty manager, p u rsant to
the T exa s Open l\·fee ri11gs Act, Section 551.074 ( l)(a).
Commissioner \ hrrin C. Can1u mo tion ed, second by Commission er J cffc.:tT Da,·id .\farrmez and
all \'tll ing ''arc" 10 hire .Jared r Jockcma as t·hc Interim CitY :\fan;tgcr ar rhi ~ rim e until the lll'W
CHy .\lanager is hired.
XIJ . ADJOURNMENT
Commis,ioncr .\!aria de Jesus '"\W' C arza meotiom·d, second b:· Commi,sionc:r .\[an in C. Can ru and ;rll
Hlllng "'are" 10 adjourn ar ' ::i 1 pm.
C ITY OF PORT ISABEL, TEXAS
``Martin C. Cantu , Mayor Pro-Temp
ATTEST:
c:O\t~
Sus ie Alcocer, CITY SECRETARY
CTTY OF PORT ISAB EL, TEXAS
THE STATE OF TEXAS §
COUNTY OF CAMERON §
CITY OF PORT ISABEL §
Juan Jose "JJ" Zamora, Sr., CITY COMMISSIONER PLACE 1 Maria de Jesus "MJ'' Garza, CITY COMMISSIONER PLACE 2
Mart. C. Cantu, CITY COMMISSIONER PLACE 3 Guillermo "Memo" Torres, CITY COMMISSIONER PLACE 4
Joe E. Vega, MAYOR
NOTICE OF AN EMERGENCY SPECIAL MEETING
OF THE PORT ISABEL CITY COMMISSION
NOTICE IS HEREBY GIVEN
This notice is given for an Emergency Meeting Special Meeting of the City Commission pursuant t o Section
551.045 of the Texas Government Code as the City has been unable to hold a Commission Meeting due to a
Court Order prohibiting any Commission Meeting which constitutes a reasonably unforeseeable situation. The
Commission needs to reta in and consult with Counsel, to act on pending personnel matters requiring approval
and to approve release of an easement that is urgently required by a property owner to proceed with a
development. Pursuant to Chapter 551, Title 5 of the Texas Government Code, the Texas Open Meetings Act,
notice is hereby given that the Port Isabel City Commission in accordance with Article II, Section 2.11 of the
Charter of said City, will convene an Emergency Special Meeting at the City Commission Chambers Meeting
Room, located at 305 E. Maxan Street on Friday, April 24, 2015 at 4:00 p.m. for the purpose of discussing the
following items:
NOTE: The City Commlsslon of the City of Port Isabel reserves the right to discuss any items in Closed Sessjon whenever
authorized under the Texas Open Meetings Actf Chapter 551. of the Tex.as G.ovemment. Code, The City
Commission may discuss the items on this age.nda in any order.
The City of Port Isabel does not discriminate on the basis of disability in the admission of, access to, treatment of, or employment
in its programs, activities, or public meetings. Any individual with a disability in need of an accommodation is encouraged to
contact the Office of the City Secretary at 956·943-2682 at least 24 hours prior to t he scheduled meeting to make proper
arrangements.
ORDER OF BUSINESS
I. CALL TO ORDER
II. INVOCATION
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC COMMENT/OPEN FORUM: PLEASE NOTE:
o Any person with business before the Commission, not scheduled on the Agenda as a Public
hearing may speak to the commission .
o Public Comment Forms are located on the table at the entrance of the City Chambers meeting
Room. [For further information, contact the Office of the City Secretary]
o Public Comment Forms must be filled out and presented to the City Secretary no later than fifteen
(15) minutes prior to scheduled start of the meeting, to be considered and recognized.
o The speaker must state his/ her full name before speaking.
o There is a three (3) minute time limit per speaker.
o Public Comment Forms are not accepted after 11:45 a.m.
o PowerPoint Presentations are not conducted during the public comment period.
V. COMMENT BY CITY COMMISSION AND CITY MANAGER:
Any member of the City Commission and the City Manager may comment on any matter and receive
information from staff about the current city position on any matter, but the City Commission will not take
formal action.
VI. NEW BUSINESS
1. Discussion and potential action to approve Resolution No. 04-24-2015-01: A Resolution opposing the
insurance immunity bill before the Texas Legislature. [City Attorney Robert L. Collins]
2. Consideration and action to authorize City Manager to execute proposed release of restrictive
covenant and obligations related to two (2) tracts of land being a part of the 1172 acres of land
patented in the City of Port I sabel by the State of Texas by Patent No. 333 Volume 58-A recorded in
Volume 230 page 510 deed that certain 346.04 acre tract decreed to the City of Port I sabel by
Judgement in Cause no. 12161 as recorded in Volume 29 pages 1-3 of the Civil Minutes of the
District Court Cameron County Texas. [City Manager, Ed Meza/ Attorney Denise Sanchez ]
3. Discussion and potential action to approve a request by Naismith Engineering Inc.,
to subdivide lot 1 into lot 1A & lot 5 block 1 located on lot 1 block 1 Port Center. The
dimension on lot 5 changed from the original request to re-plat.
[This item was approved on the Regular Meeting of the Planning & Zoning Board]
[Building Inspector, Larry Ellis]
4. Discussion and potential action to consider whether to approve the application by A-Taxi Company
for a taxi permit for 2015. [Fire Marshal, Rodrigo Garcia]
VII. CLOSED SESSION
1. Personnel Matters pursuant to Section §551.074 of the Texas Government Code to deliberate the
appointment, employment, evaluation, re-assignment, duties, discipline, or dismissal of a public
officer or employee:
•:• City Ma nager
•:• EDC Director
•!• EDC Administrator
·:· Finance Director
·:· City Secretary
•!• Building Inspector
•!• Police Chief
•!• EMS Director
·:· Fire Marshal
·:· Museum Director
·:· Library Director
·:· Public Works Director
·:· Municipal Judge
•!• Assistant Municipal Judge
•!• Animal Control Officer
·:· Systems Administrator
2. Pursuant to Section §551.071 of the Texas Government Code, authorizing a
governmental body to consult with its attorney in an executive session to provide
advice an legal counsel concerning threatened or pending litigation or other privileged
and confidential legal advice regarding:
• -Brownsville annexation issues and pending litigation
• Colair Inc.
2
VIII. ACTION TAKEN FROM CLOSED SESSION; IF ANY.
IX. ADJOURNMENT
CE R T I F I C A T I 0 N
I certify that the above notice of an Emergency Special Meeting of the City of Port Isabel Texas is true
and correct; and that I posted such notice on the bulletin board. A place convenient and readily
accessible to the public on the 24th day of April 2015 at 1:00 p.m., in accordance with the Texas Open
Meetings Act (Texas Government Code: §551.041- §551.050).
l.ll Y ::,tLK.t I AK. Y
CITY OF PORT ISABEL, TEXAS
CERTIFICATION OF REMOVAL
I certify that the agenda of items to be considered by the City Commission was removed by the City
Secretary's Office from the Port Isabel City Hall bulletin area on the _ _ day of , 2015.
Office of the City Secretary
3
' MINUTES OF A SPECIAL MEETING OF THE CITY OF PORT ISABE L COMMISSION
DATE: .-\pril 24, 2015
TIME: 4:00p.m.
PLACE: City Hall Chambers ;\[eeting Room
MEMBERS PRESENT: Joe E. \ 'ega, Mayor
J uan Jose "]]" Zamora, Commissioner Place ' o. 1
;\[aria tk .J<:~u ~ " ;\ I.J" Garza, Comm i``ionc r Place "lo. 2
;\ fartin C. Cantu, Commissioner Place No. 3
G uillermo ";\Iemo" Torres, Commissioner N o..+
E dward ;\[eza, City ~ Ian ager
Susie ~"- lco cer, City Secretary
Rene NaYa, Finance Directo r
MEMBERS ABSENT: none
ALSO PRESENT: Omar Perera, Jeffery ~Iar tinez, :..Iarti Etheridge, Terry & Juanita Stringfield, D eane Pease,
~"-na Ochoa, Laura Ochoa, ~Iel.issa :\ lfonso, Pa tricia Ochoa, ;\fary Castillo, Rene Castillo,
E llen Snyder, Rey Puen tes, Rita Zamora, Bertha Zamora, Maria Ochoa, Tommie E l.ium, Jim
El.ium, Gary Snyder, Paul Seals, Rebecca Seals, Leo Sanders, :\ndrea Fazion and Julian
H ernandez
ORDER OF BUSINESS
I. CALL TO ORDER
~Iayor Joe
E. \-ega called the meeting to order at 4:00 pm.
II. INVOCATION
Commissioner ~fa ria de Jesus ";\I]" Garza gave the invocation.
III. PLEDGE OF ALLEGIANCE
David Garcia, Interim Cameron Co unty ~-\dm.inistrator
IV. · PUBLIC COMMENT / OPEN FORUM: PLEASE NOTE:
o Any person with business before the Commission, not scheduled on the Agenda as a
Public hearing may speak to the commission.
o Public Comment Forms are located on the table at the entrance of the City Chambers meeting Room.
(For further information, contact the Office of the City Secretary]
o Public Comment Forms must be filled out and presented to the City no later than fifteen (15) minutes
prior to scheduled start of the meeting, to be considered and recognized.
o The speaker mu st state his / her full name before speaking.
o There is a three (3) minute time limit per speaker.
o Public Comment Forms are not accepted after 3:45 p.m.
o PowerPoint Presentations are not conducted during the public comment period.
Rebecca Seals in formed the City Commission that there are 3 dumpsters at the cemetery and are not collecting old
flowers they are collecting other peoples trash.
V. COMMENT BY CITY COMMISSION AND CITY MANAGER:
Any member of the City Commission and the City Manager may comment on any matter and receive
information from staff about the current city position on any matter, but the City Commission will not take
formal action.
Commissioner ~ Iar tin C. Cann1 stated that he is g rateful to still be a Commi ssio ner for the City.
Commissio ner Juan Jose "JJ " Zamora thanked everyone for the support an d trust they had to keep him as a City
Commissioner.
Commissioner .\Iaria de Jesus "~l.J " Garza invited everyone to the .-\rbor Day Event on Saturday
~ Iayo r Joe E. \ ·ega and Commissioner G uillermo ".\Iemo" Torres had no comments.
VI. NEW BUSINESS
1. Discussion and potential action to approve Resolution No. 04-24-2015-01: A Resolution opposing the
insurance immunity bill before the T exas Legislature. [City Attorney Robert L. Collins]
Commissioner G uillermo ".\Iemo" Torres motio ned, second by Commissio ner J uan Jose 'JJ" Zamora and all
voting "aye" to approve Resolution No. 04- 2~-2015-0 1: .-\ Resolution opposing the insurance immunity bill before
the Texas Legisla n1re.
2. Consideration and action to authorize City Manager to execute proposed release of restrictive covenant
and obligations related to two (2) tracts of land being a part of the 1172 acres of land patented in the City
of Port Isabel by the State of Texas by Patent No. 333 Volume 58-A recorded in Volume 230 page 510
deed that certain 346.04 acre tract decreed to the City of Port Isabel by Judgement in Cause no. 1Z161 as
recorded in Volume 29 pages 1-3 of the Civil Minutes of the District Court Cameron County Texas.
[City Manager, Ed Meza/ Attorney Denise Sanchez]
Commissioner ~[aria de Jesus "~IJ " Garza motioned, second by Commissio ner Guillermo "~ Iemo" Torres the City
Commission voted three (3) for and two (2) abstain with Commissioner Juan Jose "JJ" Zamora and Commissioner
.\Iartin C. Ca ntu abstain to authorize City ~[a nager to execute proposed release o f restrictive covenan t and
obligations related to two (2) tracts o f land being a part of the 1172 acres of land patented in the City of Port
Isabel by the Sta te o f Texas by Paten t N o. 333 \ 'olume 58-_·\ recorded in \ 'o lw11e 230 page 510 deed dwt certain
3 ~6.04 acre trac t decreed to d1c City of Po rt Isabel by J udgem ent in Cause no. 12161 as recorded in \'olwn e 29
pages 1-3 o f the Civil ~ Iinutes of th e District Court Cameron Cotmty Texas.
3. Discussion and potential action to approve a request by Naismith Engineering Inc., to
subdivide lot 1 into lot 1A & lot 5 block 11ocated on lot 1 block 1 Port Center. The
dimension on lot 5 changed from the original request to re-plat.
[This item was approved on the Regular Meeting of the Planning & Zoning Board]
[Building Inspector, Larry Ellis]
Conunissio ner Guillermo "i\Iemo" To rres m otioned, second by Com.tnissioner ~Ia r tin C. Cantu and all vo ting
"aye" to approve a request by J'\ais1nith E ngineering Inc., to subdivid e lot 1 into lo t L \ & lo t 5 block l located on
lo t 1 block 1 Po rt Center. The dim ension o n lot 5 changed from d1e original request to re-plat.
4. Discussion and potential action to consider whether to approve the application by A-Taxi Company
for a taxi permit for 2015. [Fire Marshal, Rodrigo Garcia]
Com1nissio ner ~ [aria de Jesus " .\I]" Garza mo tioned, second by Commissioner G tti.llenno "~ Iemo" Torres d1e
City Commission voted three (3) for and two (2) against with Co m1nissioner J uan Jose"]]" Z amora and
Commissio ner :\Iartin C. Cantu voted again st to deny d1e applica tion by .·\-Taxi Company for a taxi pennit for
2015.
VII. CLOSED SESSION
Commissioner ~ !aria de Jesus "i\IJ " Garza motioned, second by Co1m nissioner Gtti.llermo "~ Iemo" To rres d1e City
Commission voted three (3) for and two (2) against with Commissioner Juan Jose "]]" Zamora and Commissioner
~ Ia r tin C. Canm voted against item No. 1 on Personnel ~ I a tte rs and excused d1em selves and left d1e meeting to go
in to closed session at 4:19 pm.;\Io tion carried.
1. Personnel Matters pursuant to Section §551.074 of the Texas Government Code to deliberate the
appointment, employment, evaluation, re-assignment, duties, discipline, or dismissal of a p ublic officer
or employee:
•!• City Manager
•!• EDC Director
•!• EDC Administrator
·:· Finance Director
·:· City Secretary
•!• Building Inspector
·:· Police Chief
·:· EMS Director
·:· Fire Mars hal
·:· Museum Director
·:· Library Director
·:· Public Works Director
·:· Municipal Judge
·:· Assistant Municipal Judge
·:· Animal Control Officer
·:· Systems Administrator
2. Pursuant to Section § 551.071 of the Texas Government Code, authorizing a
governmental body to co nsult with its attorney in an executive session to provide
advice an legal counsel concerning threatened or pending litigation or other privileged
and confidential legal advice regarding:
• Brownsville annex ation issues and pending litigation
Colair Inc.
VIII. ACTION TAKEN FROM CLOSED SESSION; IF ANY.
Commissioner ;\!aria de Jesus " ;..I]" Garza m otioned, second b ~· Commissioner G uillermo ".\[emo" Torres and all
voti ng "aye" to co me out o f closed session at 5:07 pm with n o o fficial action taken.
1. Personnel Matters pursuant to Section § 551.074 of the Texas Government Code to deliberate the
appointment, employment, evaluation, re-assignment, duties, discipline, or dismissal of a public officer
or employee:
•:• City Manager
•:• EDC Director
·:· EDC Administrator
·:· Finance Director
•!• City Secretary
·:· Building Inspector
•!• Police Chief
·:· EMS Director
·:· Fire Marshal
·:· Museum Director
·:· Library Director
•!• Public Works Dire ctor
·:· Municipal Judge
·:· Assistant Municipal Judge
·:· Animal Control Officer
•!• Systems Administrator
~o actio n was taken on the above.
2. Pursuant to Section §551.071 of the Texas Government Code, authorizing a
gove rnmental body to consult with its attorney in an executive session to provide
advice an legal counsel concerning threatened or pending litigation or other privileged
and confidential legal advice regarding:
Brownsville annexation issues and pending litigation
I o actio n was taken
Colair Inc.
~o actio n was taken
XII. ADJOURNMENT
Commissioner ;\Iaria de Jesus ";\1]" Garza mo tion ed, second by Commissioner Guillermo ";\Iem o" To rres and all
voting "aye" to adjourn ar 5:08 pm.
CITY OF PORT ISABEL, TEXAS
Joe E. Vega, Mayor
ATTEST:
Susie Alcocer, CITY SECRETARY
CITY OF PORT ISABEL, TEXAS
THE STATE OF TEXAS §
COUNTY OF CAMERON §
CITY OF PORT ISABEL §
Juan Jose "JJ" Zamora, Sr., CITY COMMISSIONER PLACE 1 Maria de Jesus "MJ" Garza, CITY COMMISSIONER PLACE 2
Mart. C. Cantu, CITY COMMISSIONER PLACE 3 Guil lermo "Memo" Torres, CITY COMMISSIONER PLACE 4
Joe E. Vega, MAYOR
NOTICE OF A SPECIALMEETING
OF THE PORT ISABEL CITY COMMISSION
NOTICE IS HEREBY GIVEN
Pursuant t o Chapter 551, Title 5 of the Texas Government Code, the Texas Open Meetings Act, notice is hereby
given that the Port Isabel City Commission in accordance with Article II, Section 2. 11 of the Charter of said City,
will convene a Special Meeting at the City Commission Chambers Meeting Room, located at 305 E. Maxan Street
on Wednesday, May 06, 2015 at 7:00 p. m. for the purpose of discussing the following items:
NOTE: The City Commission of the Clty of Port Isabel reserves the right to discuss any items In Closed SessJon whenever
a.uthorized under the Texas Open Meetings Act, Chapter 551, of the Texas Government Code. The City
Commission may discuss the items on this agenda in any order.
The City of Port Isabel does not discriminate on the basis of disability in the adm ission of, access to, treatment of, or employment
in its programs, activities, or public meetings. Any individual with a disability in need of an accommodation is encouraged to
contact the Office of the City Secretary at 956-943-2682 at least 24 hours prior to the scheduled meeting to make proper
arrangements.
ORDER OF BUSINESS
I. CALL TO ORDER
II. INVOCATION
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC COMMENT/OPEN FORUM: PLEASE NOTE:
o Any person with business before the Commission, not scheduled on the Agenda as a Public
hearing may speak to the commission.
o Public Comment Forms are located on the table at the entrance of the City Chambers meeting
Room. [For further information, contact the Office of the City Secretary]
o Public Comment Forms must be filled out and presented to the City Secretary no later than fifteen
(15) minutes prior to scheduled start of the meeting, to be considered and recognized.
o The speaker must state his/her full name before speaking.
o There is a three (3) minute time limit per speaker.
o Public Comment Forms are not accepted after 6:45 p.m.
o PowerPoint Presentations are not conducted during the public comment period.
1
V. COMMENT BY CITY COMMISSION AND CITY MANAGER:
Any member of the City Commission and the City Manager may comment on any matter and receive
information from staff about the current city position on any matter, but the City Commission will not take
formal action.
VI. NEW BUSINESS
1. Discussion and potential action to approve Resolution No. 05-06-2015-01: A Resolution of the City
Commission of the City of Port Isabel, Texas, to the Federal Aviation Administration regarding the
Discontinuation of Instrument Approach Procedures.
[City Manager, Edward Meza]
2. Discussion and potential action to approve the city attorney's and city official's selection of outside
counsel to represent or act as counsel for the city and/or city officials named as defendants in
pending and/ or threatened litigation, and special counsel to be selected by City Manager to
investigate along with the City Attorney and/ or prosecute potential city charter violations, and other
matters, and to approve compensation for all such special and/ or outside counsel as per General
Provisions 38.01 City's Liability for Attorney fees incurred by City Commissioners.
[City Manager, Edward Meza]
3. Discussion and potential action to amend and change the rental and rate policies concerning
beverages, food and rental items for the Port Isabel Event & Cultural Center.
[City Manager, Edward Meza]
VII. ADJOURNMENT
CE R T I F I C A T I 0 N
I certify that the above notice of a Special Meeting of the City of Port Isabel Texas is true and correct;
and that I posted such notice on the bulletin board. A place convenient and readily accessible to the
public on the 2nd day of May 2015 at 7:45 a.m., in accordance with the Texas Open Meetings Act (Texas
Government Code: §551.041- §551.050).
UIY !:>tLK.tiAKY
CITY OF PORT ISABEL, TEXAS
CERTIFICATION OF REMOVAL
I certify that the agenda of items to be considered by the City Commission was removed by the City
Secretary's Office from the Port I sabel City Hall bulletin area on the _ _ day of , 2015.
Office of the City Secretary
2
' MINUTES OF A SPECIAL MEETING OF THE CITY OF PORT ISABEL COMMISSION
DATE: May 06 2015
TIME: 6:00p.m.
PLACE: City Hall Chambers i\Ieeti.ng Room
MEMBERS PRESENT: Joe E. \ 'ega, ::-- Iayor
J uan Jo se"]]" Z amora, Commissioner Place No. 1
;\!aria Jc J c~u~ "i\ [j" Garza, Comtni>Sioncr Place No. 2
i\ Iartin C. Cannt, Commissioner Place No.3
G uillermo "Memo" Torres, Commissio ner No.-+
City .-\ttorney Robert Collins
Edward i\Ieza, City Manager
Rene N ava, Finance Director
Susie .-\ lcocer, City Secretary
MEMBERS ABSENT: 'one
ALSO PRESENT: Pilar Cantu, E lizbeth 'i'ela, ::-- Iaria .-\lmaguer, ::--Gchelle .-\ n.n Barreiro, Jeffery ::--Iartin.ez, ::-- Ielissa
.-\ lfo nso, To mmie Elimn, D eulby Ray Cisneros, Dante Delgadillo, 'i' icto r Gonzalez,:\ndrea
Fazion and Diane Oleary
ORDER OF BUS INESS
L CALL TO ORDER
Mayor Joe E. \ 'ega called the meeting to order at 6:00 pm.
II. INVOCATION
Commissioner ::-- Iaria de Jesus " MJ" Garza gave the invocation.
IlL PLEDGE OF ALLEGIANCE
City Commission led the Pledge of .-\Llegiance.
IV. PUBLIC COMMENT / OPEN FORUM: PLEASE NOTE:
o Any person with business before the Commission, not scheduled on the Agenda as a
Public hea ring may speak to the commission.
o Public Comment Forms are located on the table at the entrance of the City Chambers m eeting Room.
[For further information, contact the Office of the City Secretary]
o Public Comment Forms must be filled out and presente d to th e City no later than fifteen (15) minutes
prior to sc heduled start of the meeting, to be considered and recognized.
o The speaker mu st state his/her full n ame before speaking.
o There is a three (3) minute rime limit pe r speaker.
o Public Comment Forms are not accepted after 5:45 p.m.
o Powe rPoint Presenta tions are not conducted during the public comment period.
Ra fael Salazar approached the City Commission about d1e real dangers of d1e gas plants been built on
Hwy 48. He stated that it poses lo t dangers like explo sions and will be using different gases. He
recommends not letting d1em built the machinery.
Robert Rodrigues approached the City Commission o n d1e Lagtma ::--Iadre Boys & Girls. He let the City
Commission knows he was the new Chief Professional Officer for d1e Laguna ~ I adre Boys & G irls Club.
He would like to be place on ilie agenda for a Regular i\ Ieet:ing of the Po rt Isabel City Commission to ask
fo r assistance wid1 fimding of utilities and related cost.
D aniel Salaza r approached the City Commission on a building permit issued by th e City of Port I sabel.
H e stated he h ad requested a permit from the City and when th ey were half way done on the job and a City
Building
Inspecto r told him that he needed to tear off the windows and block because he needed to install the doors first and
that was going to cost him a lot to do tlus.
V. COMMENT BY CITY COMMISSION AND CITY MANAGER:
Any member of the City Commission and the City Manager may comment on any matter and receive
information from staff about the current city position on any matter, but the City Commission will not take
formal action.
Commissioner Juan Jo se"]]" Zamo ra asked if he could comment lew Business Item No. 2. City .-\ttorney Robert
Collins replied you can comment b u t not deliberate on d1e Item. Commissioner J uan Jose "JJ" Zamora stated to hire
outside Counsel to pro secu te is also a viola cion. H e stated he would vote against to spend money to hir e outside
attorneys to pursuit poli tical agenda the ;\fayor Joe E . \ 'ega, Comnussio ner ;\Iaria de Jesus ".\I]" G arza and
Commissioner G uillermo "Mem o" Torres money that d1e city doesn't have and can be used for repairing streets. H e
stated that o n the City Charter it sta tes tl1at tl1e :..Iayor and City Commissioners should not be in deb t to the City. He
asked if tl1at mean s if you owe property taxes and trash pickup fees does tlus mean that you are going to be prosecuted
by professional coLmsel that is a violation to the City Charter. Is the special CoLmscl prosecuting those Commissioners
tl1at ;\Iayor and the majority of the City Comnussion wants them to prosecute. Commissioner Zamora also stated that
on the City Ch arter it states that the ;\Iayor or City Commission shall not hold any otl1er public office of emohm1ent he
stated tha t the l\Iayor holds and office witl1 tl1e Cam eron County and gets paid by them his going to be prosecuted by
tl1e Special Counsel or will the :..Iayor only be prosecured only if tl1e majority City Commissioner want to prosecu te. He
also s tated that on the City Charter it also states tl1at shall not be in terested in the profits or emolwnents o r any contract,
job, work o r ser vice for the City of Po r t I sabel, o r in terested in the sale or lease to or by tl1e City o f any property, real or
personal he asked does tlus mean all tl1e City Commission tl1at does business with the City will be prosecuted including
Commissioner Guillermo ";\ Iemo" Torres or is the only Commissioners iliat are in the minority. H e stated what about
th e fact tha t Comnussioner Torres sold property to tl1e city th at m eans he gets prosecuted to. \'\.'hat if tl1e city has
contracted or entered into an Interlocal :\greement with tl1e Cmmty or the county uses city p roperty does that means
tl1at the l\ Iayo r wo rks fo r rl1e Cmmty is he interested on contract so there fo r he will be prosecuted. H e stated that d1e
City Commissio n should no t be spending money we don't have to do after a political opponen t of a majority of the City
Commission it will not only be wrong but it will end up spending lo ts of moner on legal actions in court.
Comnussioner ;\Iaria de Jesus ";\I]" Garza asked d1e City _\ttorney Robert Collins how rl1e mitigation went on tl1e
Brown sYille .\nnexa cion. Robert Collins show the City Commissio n which areas the City o f Port Isabel will be getting
back. He stated that tl1ey are nego tiating with Brownsville in stages. Stage 1 is wh at area Brownsville would see tl1at is
given up any claim to go forward in tl1e future. \'\.11at tl1ey h ave com e to at this poin t the prelirnina r ~· persons are subj ect
to Brownsville Comnussion approval the first stage is further South where tl1e boat ramp, park area and fishing area
along Hwy 48 and all the way to the no r th bow1dary o f Brownsville ship channel nmning all the way up to the end of
the north to rl1e end o f tl1e land on the no rth botmdary of the Brownsville slup channel. Brownsville will give up the
land forever i.n this area. He sta ted this is the first stage and it will be submitted to the Po rt Isabel City Commission for
approval. Commissioner Juan Jose "JJ " Zamo ra stated tha t the ;\ Iayor went to Brownsville to make a deal witl1
Brownsville on the ann exation. Comnlission Z amora stated rlu t he didn't wan t to make a deal with Brownsville it as
illegal what Brownsville had done. Commissioner Z amora stated that d1e :..Iayor didn't give up he went to :\us tin to
speak to Sena tor Lucio and Rep resentative O liveira to place him on the committee to vote Brownsville back he spent tax
payers money doing tlnt. Commissioner Zamora sta ted that it took the Mayor a year to agree to take Brownsville to
court. Comnussioner Juan Jose "JJ" Zamora commented that tl1ey ;\Iayor is now taking all the credit.
;\fayo r Joe E. \ 'ega stated fo r tl1 e record Commissioner Zamora has given false inform acion like he has always done in
tl1e past. :-Iayor stated when they appro ached the city of Brownsville to negotiate on rl1e ETJ they all agreed as a
co uncil on the botmdaries tlut rl1e City of Port Isabel wanted. Brownsville disagreed with it. ;\fa yo r stated they \Vent to
knock on doors again Commissioner Zamora also app roved for tl1em goin g to .-\ustin it will reflect o n tl1e minutes to
figh t for the E TJ so Po rt Isabel can grow. I-Ie stated tl1ey want to tl1e House Committee and it passed 5 to 0 vote and
also went to rl1e Senate Committee and it passed -1- to 0 vote. .\ !so went to d1e local and uncontested agenda at tl1e las t
minute tl1e 11 rh hour Lieutenant Governor D ewhurst pulled it ou t. Mayor stated that Brownsville had a lobbyist and
Port Isabel had limited resources. ;\fayo r stated he doesn't know why Lieutenant Governor Dewhurst pulled it out.
Commissioner Zamora sta ted rl1ar Representative O liveira is from Brownsville and probably has m ore pull than tl1e
i\Iayor. ;\Iayor responded rl1at he is not going to blame Represen tative O liveira o r Senato r Lucio fo r Lieutenant
Governor Dewhurst pulling it out they were fighting for Port Isabel to get back tl1eir E TJ. ;'\ Iayor stated all rl1e
accusations that Commissioner Zamora are all false that it is a political thing.
VI. N EW BUSINESS
1. Discussio n and pote ntial action to approve Resolution No. 05-06-2015-01: A Resolutio n of th e City
Commissio n of the City of Port Isab e l, Texas, to the Federal Aviation Adminis tration regarding the
Discontinu ation of Ins trument Approach Procedures. [City Manager, E dward Meza]
Commissio ner ?\ [aria de Jesus "?\I]" Garza motioned, second by Commissioner Guillermo "-:'d emo" To rres the City
Commission voted three (3) fo r, one ( I) again st and one (1) abstain with Commissioner Juan Jose "JJ" Zamora
abstains and Comm.issioner ;\[arcin C. Cantu voted against to approve Resolution ~o. 05-06-20 15-0 I: _\ Resolution
of the City Commission of the City of Port Isabel, Texas, to the Federal _-\,riation .\dministration rega rding the
D iscontinuation o f Instrument Approach Procedures. ;\lotion carried.
2. Discu ssio n a nd potentia l action to approve the city attorney's and city official's selec tion of outside
counsel to represent o r ac t as counsel for the city and / or city officials n am ed as de fenda nts in p ending
and/ or threatened litigation, and s pec ial counsel to b e selected by City Manager to investigate along with
the City Attorney and/ o r p rosecute p otential c ity charter violations, and o ther m atters, and to approve
co mpen sation for all such s pecial a nd / o r outside co unsel as p er General P rovision s 38.01 City' s Liability
fo r Attorney fees inc urred by City Com missio ners. [City Manager, Edward M eza]
Commissio ner Garza motioned second by Commissioner Torres the City Commission \'Oted three (3) for, and two
(2) again st with Commissioner J uaJ1 Jose ''JJ" Zamora against and Commissioner ;\[artin C. Cannt ,·oted against to
appro,·e the city attorney's and city official's selection of outside counsel to represent or act as counsel for the city
and / o r city officials named as defendants in pending and / or threatened litigation, and special coun sel to be selected
by City Manager to im·estigate along with the City . \ttorney and/ or prosecu te po tential city charter Yiolations, and
other matters, and to approve compensation for all such special and/ or outside counsel as per General PrO\-isions
38.0 I City's Liabili ty for .-\ ttorney fees incurred by City Commissioners.
City Manager Edward ;\[eza info rmed City Co mmissio ner Juan Jose "]]" Zamora and Co mmissio ner Marcin C.
Can nt as per rl1e City .-\trorney Robert Collins rl1cy couldn't speak to them directly. Commissioner ;\ [art:i.n C. Can tu
co mmented that rl1ere is no State Law that gives the City Manager autho ri ty to hire outside cow1sel fo r rl1e city
officials or city attorney without first getting approval for the City Commission. H e also commented rl1at they had
plenty of time to have Special ;\[eet:i.ngs to approve to hire outside cotmsel. Instead you all incurred thousands of
dollars in legal expenses that the city doesn't have. He sta ted that is wrong and illegal.
;\[ayor Joe E. \ ·ega asked the City .-\ttorney Robert L Collins if rl1e City is being sued and since it's in appeal and
these attorneys that are represented the City Commission is the two Commissioners that are suing rl1e city is this
necessary. City .-\ttorney Robert Collins replied that seeking authority on 38.0 I City Ordinances for attorney's fees
occurred by City Commissioners. I Ie also stated that is necessary to hire outside cotmsel because rl1ey will ha,-e to
repute all testimony rl1at has been and he will probably ha,·e to testify on all false accusations.
Commissioner :\Iartin C. Cannt motioned, Commissioner Juan Jose "JJ" Zamora second not to hire outside cotmsel
There was no o rl1er motion made. ;\lo tion dies.
Commissioner i--faria de Jesus "i-IJ" Garza motioned, second by i-- Iayo r Joe E. \•ega the City Commi ssion voted
rluee (3) for, and two (2) against wid1 Co mmissioner Juan Jose "]]" Zamora against and Commissioner Martin C.
Cantu voted against to authorize the City .-\ ttorney to retain Michael Cowen and Frank Perez to act as additional
counsel to represen t the City of Port Isabel related to defense o f rl1e case o f Zamo ra and Cantu vs. City of Port
Isabel et al., and to determine th at this invo lves rl1e interests of rl1e City and that the actions made the basis of rl1e
lawsuit were tmdertaken in good fairl1 \~thi11 tl1e scope of official duty and to pay a retainer to each such cow1sel in
the sum o f $2500.00, against which th eir hourly fees, at S200/ hom, and the expenses, will be charged and such
retainer will be supplemented monthly so each such counsel retains 52500 retainer balance at all times, and against
which their final billing will be charged witl1 any balance rl1en due to be paid by tl1e City.
:\fotioned carried.
Commissioner :\[aria de Jesus ":\I]" Garza mo tioned second by :\Iayor Joe E. \·ega City Commission voted rwo(2)
for, o ne (1) abstain and rwo (2) against \~th Commissioner J uan Jose "JJ" Z amora against and Commissioner
i--fa rtin C. Cannt ,·oted against and Commissioner G uillermo "Memo" Torres abstai11 to approYe of attorney fees
of $200.00 per hour plus expenses to Frank Perez as lawyer for Commissioner G ttillermo ":\[emo" Torres in the
case of Zamora and Cann1 vs Port Isabel and to determine rl1at rlus invokes the interests of rl1e Cin· and t11at Iu s
actions made the basis of rl1e lawsuit were undertaken in good fairl1 '~thin rl1e scope of tl1is official duty. .-\fter all
it was a pu blic vote in a public meeting by a city official acting as set for rl1 in rl1e City Charter.
i\Iayor Joe E. \ 'ega motioned seco nd br Commissioner Guillermo "i\Iemo" Torres City Commission vo ted th ree (2)
for, one (1) abstain and two (2) against with Commissioner Juan Jose "JJ" Zamora against and Commissioner
Martin. C. Can tu voted against and Commissioner i\Iaria de Jesus "i\Ij" Garza abstain to approve payment of
attorney's fees at $200.00 per hour plus expense to i\I.ichael Cowen as lawyer for Commissioner Maria de Jesus
"i-.IJ" Garza in the case of Zamora and Cantu vs Port Isabel and to determine that this invoh·es the interest of the
City and that her actions made th e basis of the lawsuit were undertaken in good faith within the scope of her
official du ty.
Commissio ner i\ Iaria de Jesus "i-.IJ" Garza motioned second by Commissioner Guillermo "i\Iemo" Torres City
Commissio n voted t:wo(2) for, o ne (1) abstain and two (2) against witl1 Conunissioncr J uan Jose "JJ" Zamora
against and Commissioner i\Iartin C. Cantu voted against and Mayor Joe E . \ 'ega abstain to approve payment of
attorney's fees at $200.00 per hour plus expense to i\I.ichael Cowen as lawyer fo r Mayor Joe E. \ 'ega in the case of
Zamora and Cantu vs Port I sabel and to determine that this involves the interest of the CitY and that her actions
made the basis of the lawsuit were undertaken in good faitl1 witllin tl1e scope of her official duty.
3. Discu ssion and potential action to amend and change the rental and rate policies concerning beverages,
food and rental ite m s for the Port I sabel Event & Cultural Center. [City Manager, Edward Meza]
Commissioner J uan Jose "]]" Zamora motioned , second by Commissioner i\ Iartin C. Can tu and all voting "aye" to
amend and change the rental and rate po licies co ncerning beverages, food and rental item s for the Po rt Isabel Event
& Cultural Cen ter.
VII. ADJOURNMENT
Commissioner J uan Jose "]]" Zamo ra motioned, second by Commissio ner i\ Iaria de Jesus "i\I]" Garza and all voting
"aye" to adjourn at 8:00 pm.
CITY OF PORT ISABEL, TEXAS
Joe E. Vega, Mayor
ATTEST:
Susie Alcocer, CITY SECRETARY
CITY OF PORT ISABEL, TEXAS
THE STATE OF TEXAS §
COUNTY OF CAMERON §
CITY OF PORT ISABEL §
Juan Jose "JJ" Zamora, Sr., CITY COMMISSIONER PLACE 1 Maria de Jesus " MJ" Garza, CITY COMMI SSIONER PLACE 2
Mart. C. Cantu, CITY COMMISSIONER PLACE 3 Guillermo "Memo" Torres, CITY COMMISSIONER PLACE 4
Joe E. Vega, MAYOR
NOTICE OF A REGULAR MEETING
OF THE PORT ISABEL CITY COMMISSION
NOTICE IS HER.EBY GIVEN
Pursuant to Chapter 551, Title 5 of the Texas Government Code, the Texas Open Meetings Act, notice is hereby
given that the Port Isabel City Commission in accordance with Article II, Section 2.11 of the Charter of said City,
will convene a Regular Meeting at the City Commission Chambers Meeting Room, located at 305 E. Maxan Street
on Tuesday May 12, 2015 at 7:00 p.m. for the purpose of discussing the following items:
NOTE.: The Qty Comm.tsslon of the City of Port Isabel reserves the tight to dlscuss a.ny items in Closed Session whenever
authorized under the Texas Open Meetings Act, Chapter 551. of the Texas Government Code, The City
Comm.issiQn may discuss the item.s on this agenda in any order.
The City of Port Isabel does not discriminate on the basis of disability in the adm ission of, access to, treatment of , or employment
in its programs, activities, or public meetings. Any individual with a disability in need of an accommodation is encouraged to
contact the Office of the City Secretary at 956·943·2682 at least 24 hours prior to the scheduled meeting to make proper
arrangements.
ORDER OF BUSINESS
I. CALL TO ORDER
II. INVOCATION
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC COMMENT/OPEN FORUM: PLEASE NOTE:
o Any person with business before the Commission, not scheduled on the Agenda as a Public
hearing may speak to the commission .
o Public Comment Forms are located on the table at the entrance of the City Chambers meeting
Room. [For further information, contact the Office of the City Secretary]
o Public Comment Forms must be filled out and presented to the City Secretary no later than fifteen
(15) minutes prior to scheduled start of the meeting, to be considered and recognized.
o The speaker must state his/ her full name before speaking.
o There is a three (3) minute time limit per speaker.
o Public Comment Forms are not accepted after 6:30 p.m.
o PowerPoint Presentations are not conducted during the public comment period.
1
V. COMMENT BY CITY COMMISSION AND CITY MANAGER:
Any member of the City Commission and the City Manager may comment on any matter and receive
information from staff about the current city position on any matter, but the City Commission will not take
formal action.
VI. CANVASSING OF THE SPECIAL ELECTION RETURNS:
a. Discussion and potential action to approve Resol ution 05-12-15-01: A Resolution declaring the
results of the City's General Election of May 9, 201 5 and approving other election matters
including ballots ordered and ballots used for Early Voting and Election Day.
[City Secretary, Susie Alcocer]
Discusi6n y posible accion para aprobar Ia Resolucion 05-12-15-01 : Una Resoluci6n de Ia
Comision de Ia Ciudad de Puerto I sabel y ordeno que una Elecci6n General se llevara a cabo el
dfa 9 de Mayo del 20 15 en Ia Ciudad de Port Isabel, Tejas con el prop6sito de elegir a dos
miembros a Ia Comision de Ia Ciudad de Port Isabel.
b. I ssuance of Cert ificate of Election ; Administer Statement of Elected Officer to City
Commissioners; and Administer Oath of Office to newly elected City Commissioners.
Commissioner Place 3 [Conducting the Oath of Office]
Commissioner Place 4 [Conducting the Oath of Office]
c. Selection of a Mayor Pro-Tempore.
VII. ADJOURNMENT
CE R T I F I C A T I 0 N
I certify that the above notice of a Regular Meeting of the City of Port Isabel Texas is t rue and correct;
and that I posted such notice on the bulletin board. A place convenient and readily accessible to the
public on the s th day of May 2015 at 5:00 p.m., in accordance with the Texas Open Meetings Act (Texas
Government Code: §551.041 - §551.050).
Ul't ~.I:.LKI::.L-\ 1<..1
CITY OF PORT IS_·\BEL, TEX..-\S
CERTIFICAT IO N OF R EM OVAL
I certify that the agenda of items to be considered by d1e City Commission was remO\·ed by ilie City Secretary's Office
from d1e Port Isabel City Hall bulletin area on d1e _ _ day o f , 2015.
Office of the City Secretary
2
MINUTES OF A REGU LAR M E ETING OF THE CITY OF PORT ISAB E L COMMISSION
DATE: May 12,20 15
T IME: 7:00 p.m.
PLACE : City Hall Chambers ;\ [eeting Room
ME MBERS PRESENT: Joe E. \'ega, :-Iayor
;\[aria tle Jesus ",\lj" Garza. Commissiom:r Place 1\:o. 2
Juan Jo~e "JJ" Zamora. Commi``ioncr No. I
;\Iarti.n C. Cannt, Commissioner Place 1\io. 3
Edward ~Ieza, City ~Ianager
Susie .-\lcocer, City Secretary
Rene ~ ava, f-inance Director
ME MBE RS ABSENT: Guillermo ";\Iemo" Torres, Commissioner 1 · o ...t
ALSO PRESENT: Ron & Cecelia Bliss, Tommie Elilun :\ndrea Fazioli, Da"id \\'o ol\'erton, ~feli ssa .-\lfonso,
Rick \\'e lls, G lenda Stafford, \\lurey T homas, Gary & Ellen Snyder
ORDE R OF BUSINESS
I. CALL TO ORDER
~fayorjoe E. \ 'ega called the meeting to o rder at 7:00pm.
II. INVOCATION
Commissioner ;\[aria de Jesus ";\I]" Garza gave the invocation.
IlL PLEDGE OF ALLEGIANCE
Comnussioner .\Iartinez's Family led the Pledge of .-\llegiancc.
IV. P U BLIC COMMENT / OPE N F ORU M: PLE ASE NOT E:
o Any person with business b efore the Commissio n, no t scheduled on the Agenda as a
Public hearing m ay speak to the commissio n.
0 Public Comment Forms a re located o n the table a t the entrance of the City Cha mbe rs m eeting Room.
[For further information, contact the Office of the City Secreta ry]
o Public Comment Forms must b e filled out and p resente d to the Ci ty n o late r tha n fifteen (15) mi nutes
prio r to schedule d start of the m ee ting, to b e considered and recog nized.
o The speaker mu st sta te his/ her full n am e b efo re speaking.
0 There is a three (3) minute time limit p e r s peaker.
o Public Comment Forms are no t accepted after 6:45 p .m.
o PowerPoint Presentatio ns are n ot conducted during the public comment pe rio d.
· o O pen Forwns 1
v. COMME NT BY CITY COMMISSION AND CITY MANAGE R:
Any m embe r of the City Commission and the City Manag er m ay co mment o n any m atte r and receive
info rm ation from staff about the c urrent c ity p osition on any matter, but the City Commissio n will not take
fo rmal ac tion.
Commissioner Ma rtin C. Cann1 thanked everyone from the Cantu Family for joi.tling them to make sure they were heard.
No only heard bur also set the record straight with a straight message of right is right no matter rl1e sacrifice. .-\!so
thanked everyone for rl1eir support and votes wid10ut them it co uldn't have happened.
Commissioner Juan Jose ''JJ" Zamora, concord with Com.m issioner {llartin C. Cantu and also stated that d1e people have
spoken out. He is very grateful for the support and will do d1e best for the community. H e hopes d1at more your people
join some of the city committees.
Commissioner ;\Iaria de Jesus "i\Ij " Garza stated it took the Community to speak o ut and she respects d1a t and
congratulated the new Candidate Jeffery David .\Iartinez.
i\Iaror Joe E. \ 'ega congratulated Jeffery David :\Iartinez and conunented that d1ey all need to work together.
Ci ty i\Ianager Edward i\Ieza also congratulated Jeffery D avid :\Iartinez.
VI. CANVASSING OF THE REGULAR E LECTION RETURNS:
a. Discussion and potential action to approve Reso lution 05-12-15-01: A Resolution declaring the results
of the City's General E lection of May 9, 2015 and approving other election matters including ballots
ordered and ballots used for Early Voting and Election Day.
[City Secretary, Susie Alcocer]
Disatsion y posible accion para aprobar /,a R esolucion OJ-12-15-01: Una Resoludon de Ia Comision de Ia
Ciudad de P uerto Isabely ordeno que una Elect-ion General se llevara a cabo el dia 10 de Mayo del 201Jen la
Ciudad de Port Isabel, Tejas con el proposito de elegir a tres m iembros a Ia Com ision de la Ciudad de Port
Isabel.
There was no mo tio n taken for this item i\Iayor Joe E. \ 'ega didn't ask for a mo tion and went to next item.
b. Perform and Conduct Oath of Office for newly elected officials.
Commissioner Place 3 [Oath conducted by Attorney Gilbert Hinojosa]
Judge .-\ ttorney Gilbert Hinojosa conducted the oath of office to Commissioner Place 3 :\Iartin C. Cantu.
Commissioner Place 2 [Oath conducted by Judge Benito Ochoa)
J udge Benito Ochoa conducted the oath of office to Commissioner Place 4 Je ffery David i\ Iartinez.
c. Selec tion of a Mayor Pro-Tempore.
Commissioner J uan Jose "JJ" Zamora motioned, second by Commissioner Jefferr David Martinez and all
votin g "aye" to appoin t Commissioner i\Iartin C. Can tu as {llayor Pro-Temp
VII. ADJOURNMENT
Co mmission :\Iaria de Jesus ":\I]" Garza mo tioned, second br Commissioner Juan Jose "JJ" Zamora and all
vo ting "aye" to adjourn at 7:26 pm.
CITY OF PORT ISABEL, TEXAS
Joe E. Vega, Mayor
ATTEST:
Susie Alco cer, CITY SECRETARY
May 14,2015
Edward P. Meza
City of Port Isabel
305 E Maxan St
Port Isabel TX 78578
Susie Alcocer
City of Port Isabel
305 E Maxan St
Port Isabel TX 78578
Via Hand Delivery
Dear Mr. Meza and Ms. Alcocer,
This letter is to call for a special meeting of the City Commission of the City of Port Isabel, for
Tuesday, May 19, 2015 at 7:00pm at the City Hall, pursuant to Section 2.02 of the Port Isabel
City Charter.
The following is the agenda for this meeting, and should be posted in the order and form set out
here:
1. Call to Order; Roll Call.
2. Invocation.
3. Pledge of Allegiance.
4. Public Comment/Open Forum
5. Consideration and possible action to terminate any non-employee contractual relationship
for legal services between Robert Collins, or any affiliated entity, and the City of Port
Isabel, effective immediately.
6. Consideration and possible action to vacate any finding by the Port Isabel City
Commission on April 13, 20 15 that Martin Cantu and J.J. Zamora were disqualified from
office, and to rescind any action taken to remove them.
7. Consideration and possible action to rescind approval of the retention of outside counsel
to represent the city and members of the city commission in pending and/or threatened
litigation, and to rescind approval to pay any fees incurred by outside counsel, effective
May 6, 2015, consistent with a finding under Ordinance Number 364 that the pending
and/or contemplated litigation to which members or former members of the city
commission may be a party does not arise from actions taken for or on behalf of the city,
and further finding that such fees are not reasonable.
8. Consideration and possible action to rescind approval of the retention of outside counsel
to investigate and/or prosecute potential violations of the city charter, and other matters.
9. Consideration and possible action to appoint a city attorney.
10. Executive Session; Closed Session
A. To deliberate the appointment, employment, evaluation, reassigrunent, duties,
discipline, or dismissal of the city attorney, pursuant to the Texas Open Meetings
Act, Section 551.074 (1)(a).
B. To deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of the city manager, pursuant to the Texas Open Meetings
Act, Section 551.074 (l)(a).
C. To deliberate the appointment, employment or duties of an interim city manager,
pursuant to the Texas Open Meetings Act, Section 551.074 (1)(a).
11 . Open S ession
A. Action relative to executive session.
B. Action relative to executive session.
C. Action relative to executive session.
12. Adjourn.
You are hereby directed to post this meeting in conformity 'Nith the requirements of the Port
Isabel City Charter and the Texas Open Meetings Act, and to distribute notice of this meeting to
the members of the City Commission .
...--Sincerel)t,
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JuA..l\J-}OSE.,.J.L2AMORA Iv'lARTIN C. CANTU
City£-ohunissioney, Place 1 City Commissioner, Place 3
THE STATE OF TEXAS§
COUNTY OF CAMERON §
CITY OF PORT ISABEL §
NOTICE OF A SPECIAL MEETING
OF THE PORT ISABEL CITY COMMISSION
NOTICE lS HEREBY GIVEN
Pursuant to Chapter 551 , Title 5, of the Texas Government Code, the Texas Open Meetings Act,
notice is hereby given that the Port Isabel City Commission in accordance with Article Il,
Section 2.11 of the Charter of said City, will convene a Special Meeting at the City Commission
Chambers Meeting Room, located at 305 E Maxan Street, on Tuesday, May 19,2015 at 7:00pm
for the purpose of discussing the following items:
NOTE: The City Conunission of the City of Port Isabel reserves the right to discuss a11y item in
Closed Session whenever authorized under the Texas Open Meetings Act, Chapter 551, of the
Texas Government Code. The City Commission may discuss the items on tllis agenda in any
order.
The City ofP01t Isabel does not discriminate on the basis of disability in the admission of, access
to, treatment of, employment in its programs, activities, or public meetings. Any individual with
a disability in need of acconm1odation is encouraged to contact the Office of the City Secretary
at 956-943-2682 at least 24 hours prior to the scheduled meeting to make proper arrangements.
ORDER OF BUSINESS
I. CALL TO ORDER
Il. INVOCATION
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC COM1v1ENT/ OPEN FORUM
Please Note:
-Any person with business before the Commission not scheduled on the Agenda as a Public
Hearing may speak to the commission.
-Public Comment Forms are located on the table at the entrance of the City Chambers Meeting
Room. (For further information, contact the Office of the City Secretary).
-The speaker must state his or her full name before speaking.
-There is a tlu-ee (3) minute time limit per speaker.
-Public Comment Forms are not accepted after 6:45 pm.
-PowerPoint presentations are not conducted during the public comment period.
V. NEW BUSINESS
1. Consideration and possible action to term inate any non-employee contractual relationship
for legal services between Robet1 Collins, or any affiliated entity, and the City of Port
Isabel, effective immediately.
2. Consideration and possible action to vacate any finding by the Port Isabel City
Commission on April 13, 2015 that Mrutin C. Cantu and Juru1 Jose "J .J." Zamora were
disqualified from office, ru1d to rescind any action taken to remove them.
3. Consideration and possible action to vacate any finding by the P011 Isabel City
Commission on April 13, 2015 that Mrutin C. Cantu and Juan Jose "J.J". Zamora were
disqualified from office, and to rescind any action taken to remove them.
4. Consideration and possible action to rescind approval of the retention of outside counsel
to represent the city and members of the city commission in pending and/or threatened
litigation, and to rescind approval to pay any fees incuned by outside counsel, effective
May 6, 2015, consistent with a finding w1der Ordinance Number 364 that the pending
and/or contemplated litigation to which members or former members of the city
commission may be a party does not arise from actions taken for or on behalf of the city.
and further finding that such fees are not reasonable.
5. Consideration and possible action to rescind approval of the retention of outside counsel
to investigate and/or prosecute potential violations of the city chatter, and other m atters.
6. Consideration and possible action to appoint a city attorney.
7. Consideration and possible action to approve Resolution No. 05-19-1 5-01: A Resolution
by the City Commission of Port Isabel, Texas to appoint or re-appoint one (l) member to
the Port Isabel Economic Development Corporation Board. (Commissioner Jeffery David
Martinez)
VI. EXECUTIVE SESSION; CLOSED SESSION
1. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the city attorney, pursuru1t to the Texas Open Meetings Act, Section
551.074 (l)(a).
2. To de liberate the appointment , employment, evaluation, reassignment, duties, discipline,
or dismissal of the city manager, pursuant to the Texas Open Meetings Act, Section
551.074 (l)(a).
3. To de liberate the appointment, employm ent or duties of an interim city manager.
pursuru1t to the Texas Open Meetings Act, Section 55 1.074 (l)(a).
VII. ACTION TAKEN FROM CLOSED SESSION; IF ANY
1. Action relative to executive session.
2. Action relative to executive session.
3. Action relative to executive session.
VIIl. ADJOURNMENT OF MEETING
CERTIFICATI ON
I certify that the above notice of a Special Meeting of the City Commission of the City of Port
Isabel, Texas is true and con·ect; and that I posted such notice on a bulletin board at City Hall, a
R_l``convenient and readily accessible to the public on the 16th day of May. 2015 at
n.:.::lJ_~pm, in accordance with the Texas Open Meetings Act (Texas Government Code. §
551.041-~51.050).
CERTIFICATION OF REMOVAL
I ce11ify that t he agenda of items to be considered by the City Conm1ission was removed by the
City Secretary's Office from the P011 Isabel City HaLl bulletin board on the _ _ day of
- - - - -- ' 2015.
Office of the City Secretary
Exhibit E
ARTICLE II: MUNICIPAL GOVERNMENT http://www .amlegal.com/alpscri pts/ get-con tent .aspx
Print
Port Isabel , TX Code of Ordinances
ARTICLE II : MUNICIPAL GOVERNMENT
SECTION 2.01 MAYOR AND COMMISSIONERS.
The governing body of the City of Port Isabel shall consist of the City Commission, which shall
be composed of a Mayor, and four Commissioners, one of whom shall be designated as
Commissioner No. l, one as Commissioner No. 2, one as Commissioner No. 3, and one as
Conunissioner No. 4 .
SECTION 2.02 QUALIFICATIONS.
The Mayor and each Commissioner shall be citizens of the United States, and have resided in the
State of Texas for a continuous period of two (2) years and in the City of P01t Isabel, Texas, for a
continuous period of one year, and have attained the age of twenty-one (2 1) years at the time of
filing as a candidate for such position; and shall have the other qualifications as provided for
candidates; in the State Election Code. The Mayor, Conm1issioners, and other officers and
employees shall not be indebted to the City, save and except for ad valorem taxes in the current
year, and the previous year only, but with such ad valorem taxes and any other indebtedness owed
to the City to be timely paid (otherwise constituting a disqualifying indebtedness hereunder); shall
not hold any other public office of emolument, except the office of Notary Public, and shall not be
interested in the profits or emoluments or any contract, job, work or service for the City of Port
Isabel, or interested in the sale or lease to or by the City of any property, real or personal. If the
Mayor or any City Commissioner fails to maintain, the foregoing qualifications, or shall be absent
from tlu·ee consecutive regularly scheduled meetings, the City Commi ssion shall at its next
regularly scheduled meeting declare a vacancy to exist and shall fill said vacancy as set forth in
Section 2.03 of this Charter. A ll such qualifications and requirements shall be fully complied with
by any prospective candidate for the position of Mayor or Commissioner at the time of filing for
election. Any officer or employee of the City who shall cease to possess any of the qualifications
herein required shall fotthwith forfeit his or her office and any such contracts in which any officer
or employee is or may become interested may be declared void by the City Commission. Any
violation, of this Section shall be a misdemeanor, and on conviction for such violation, such office
or employment shall be forfeited.
SECTION 2.03 VACANCIES OF MAYOR OR COMMISSIONERS.
When a vacancy occurs in the City Commission, the remaining members of the City Commission
shall, within ten ( I 0) days, appoint a qualified person to fill the unexpired tetm. However, the City
Commission shall not appoint more than one Conunissioner in any twelve month period, and in the
1 of 3 717/ 15, 4: II PM
ARTICLE II : MUNI CIPAL GOVERNMENT http://www .am legal.com/al pscri pts/ get -content .aspx
event that two vacancies occur within any twelve (12) month period, the City Commission shall
call a special election to fill the second (or more) vacancies so occurring.
SECTION 2.04 COMPENSATION OF MAYOR AND COMMISSIONERS.
The Mayor shall receive for his services the sum of One Hundred Dollars ($1 00.00) per month
and each of the four City Commissioners shall receive the sum of Fifty Dollars ($50.00) per month
for their services on the City Commission.
SECTION 2.05 DUTIES AND POWERS OF MAYOR.
The Mayor of the City shall be the presiding officer of the Commission. The Mayor shall be
entitled to vote as a member of the Commission, shall sign all ordinances, resolutions, and financial
statements, and shall be the chief executive officer of the City and exercise all powers and perform
all duties imposed upon the Mayor by this Charter and by the Ordinances of the City.
SECTION 2.06 DUTIES AND POWERS OF MAYOR PRO-TEMPORE.
In the absence of the Mayor, a Mayor Pro-tempore shall act in the Mayor's place and stead. At the
next regular meeting of the City Commission after each election of a Mayor and/or Commissioners,
one of such Commissioners shall be elected Mayor Pro-tempore by a majority vote of the
Comm issioners. In the absence of both the Mayor and the Mayor Pro-tempore, a presiding Mayor
Pro-tempore shall be elected by a majority vote of the Commissioners present. In the absence of the
Mayor, the Mayor Pro-tempore shall be charged with the same duties of the Mayor, shall be entitled
to the same rights and privileges of the Mayor and shall be subject to the same restrictions and
limitations of the Mayor as provided for in this Charter and by the laws of the State of Texas.
SECTION 2.07 DUTIES AND POWERS OF COMMISSION.
The Commission shall enact all Ordinances and resolutions and adopt all regulations, and
constitute the legislative body of the City. The Commission and the Mayor shall constitute the
governing body of the City with all the powers and authority herein granted.
SECTION 2.08 MEETINGS OF THE CITY COMMISSION.
The City Commission shall hold at least two regular meetings in each month at a time to be set by
it as may be necessary for the transaction of the business of the City. All meetings of the City
Conuni ssion shall be public and shall be held at the City Hall, except that the City Commission
may designate another place for such meetings after publishing due notice thereof in one issue of a
newspaper in general circulation in the City of Port Isabel. The Mayor or any two members of the
City Commission may call special meetings of the City Commission at any time. Notwithstanding
anything herein to the contrary, the City Commission may also hold executive sessions (which are
closed to the public) and workshops as needed from time to time, so long as the same are held in
2 of 3 717/15 , ··t II PM
ARTICLE II: MUNICIPAL GOVERNMENT http://www .amlegal.com/al pscri pts/get-content .aspx
accordance with the laws of the State ofTexas.
SECTION 2.09 RULES OF PROCEDURES AND QUORUM.
The City Commission shall determine its own rules of procedure, unless contrary to tllis Charter.
Tlu-ee-fifths (3/5ths) of the qualified members of the City Conm1ission shall constitute a quorum to
do business, and the majority vote of those present shall be necessary to adopt any Ordinance or
Resolution. Minutes of the proceedings of all meetings of the City Conm1ission shall be kept, and
any citizen may have access at all reasonable times to said records.
SECTION 2.10 INVESTIGATION BY CITY COMMISSION.
The City Conu11ission may investigate the financial transaction of any office or department of the
City govenunent, and the acts and conduct of any official or employee. In conducting such
investigation, the Conu11ission may compel the attendance of witnesses, administer oaths and
compel the production of books, papers, and other evidence, and for that purpose may issue
subpoenas or attachments which shall be signed by the Mayor; whi ch may be served and executed
by any officer authorized by law To serve subpoenas or other process, or any peace officer of the
City. If any witness shall refuse to appear or to testify to any facts within his knowledge, or to
produce any papers or books in his possession, or under his control, relating to the matter under
investigation before the Commission, such act shall constitute a misdemeanor and shall be
punishable by a fine not to exceed $200.00. No witness shall be excluded from testifying, touching
hi s knowledge of the matter under investigation in any such inquiry. But such testimony shall not
be used against him in any criminal prosecution except for petjury conunitted upon such inquiry.
3 of 3 717/15,4: II PM
Exhibit F
Af1-.._FlDA VIT OF EDWARD P. MEZA
STATE OF TEXAS §
§
COUNTY OF CANIERON §
BEFORE ME, the undersigned Notary Public, personally appeared Edward
P. Meza, known to me, who being duly sworn upon his oath did depose and state
as follows:
"My name is Edward P. Meza, and I ~m the City Manager for the City
of Port Isabel, Texas, a Defendant and Appellant in this case. I have
personal knowledge of the facts contained in this affidavit. The facts
in this affidavit are all true and correct.
"I am City Manager for the City of Port Isabel, and have been since
2008. On May 19, 2015, Martin Cantu and JJ Zamora acted and voted
to remove me as City Manager in retaliation for my opposition to their
respective practice of doing business with the City in violation of the
City Charter. However, their action and vote was directly related to
my involvement in the matters involving them that led to this lawsuit
and the City Commission's findings that Mr. Cantu and Mr. Zamora
violated the City Charter through directing city employees to bring
city vehicles to their automotive businesses for service and thereby
qoing business with and profiting from their elected positions, all as
specifically prohibited by the City Charter, which I told them and they
intentionally ignored. Due to Mr. Cantu's and Mr. Zamora's direct
interest in the votes and the relation to their personal businesses and
profits and payments to them from the business and by being a City
Commissioner, they were not permitted to participate in those votes
and the votes do not count, therefore anything they moved, seconded
or voted on is void, including their claim to have terminated me or the
City Attorney, or to hire some other attorney such as the lawyer who
represents Mr. Cantu or Mr. Zamora or Mr. Humberto Silva, rescind
the vote that removed then1 from office as unqualified after they
admitted making money fron1 doing business with the City through
their respective auto repair businesses and any related issue.
1
Because of Mr. Cantu's and Mr. JJ Zamora's conflicts, I was never
terminated from my position as City Manager because there was never
a lawful vote on that issue, and I remain the rightful City Manager for
the City of Port Isabel. Pursuant to the Port Isabel City Charter the
City Manager serves as the Chief Executive Officer of the City
handling day to day operations and decisions.
I have worked with Robert Collins, the City Attorney, on the defense
of the lawsuit filed by Martin Cantu and JJ Zamora since the
beginning. I was subpoenaed as City Manager by Appellees and
appeared with Mr. Collins who represented the City at the hearing on
the Plea to Jurisdiction and Motion for Temporary Injunction. Mr.
Collins, who has been Port Isabel's official and only City Attorney
since 2006, was asked by me, as City Manager, to defend the City
Charter, this lawsuit and to prosecute this Appeal. As the City
Attorney, Mr. Collins is the only qualified lawyer, also pursuant to the
City Charter, to represent the City in this case. At my request as City
Manager, Mr. Collins has provided legal advice to the City on matters
related to this lawsuit and he has been counsel of record for the City in
this case and appeals. I never took any steps to remove Robert Collins
as counsel for this suit and do not approve of his removal. It is my
desire, as City Manager, and the Chief Administrative and Executive
Officer of the City, for Robert Collins to continue to represent the
City of Port Isabel in this litigation. Mr. Collins has lawful and actual
authority to represent the City of Port Isabel in this lawsuit and
appeals.
Humberto Silva is not representing the City in this case. I do not know him. I did
not hire him or request or consent to him representing the City or claiming to. He
has not contacted me regarding this litigation. He has not sought the facts of the·
case, provided any legal advice, asked for any history behind the litigation, or
sought the City's position on any matters related to the litigation. It is my
understanding that Mr. Cantu and Mr. Zamora, again by void actions, have claimed
to hire Mr. Silva to represent the City. This is incorrect. Mr. Silva does not have
any lawful authority to represent the City of Port Isabel.
On behalf of the City of Port Isabel, as a citizen and as City Manager,
I want to continue the defense of this lawsuit and prosecution of the
2
appeals in this case, and I insist that Robert Collins represent the City
of Port Isabel and the City's interests in this case."
FURTHER AFFIANT SAYETH NOT.
-E-dw_a_r_d ~-==== .
SUBSCRIBED AND SWORN TO BEFORE ME on the 21tftl. day of
2015.
````~--~----------------'
NOTA~ ·puBLIC, IN AND FOR
THE STATE OF TEXAS
3
"AFFIDAVIT OF MARIA DE JESUS GARZA
STATE OF TEXAS §
§
COUNTYOFCAMERON §
BEFORE ME, the undersigned Notary Public, personally appeared Maria de
Jesus Garza, known to me, who being duly sworn upon his oath did depose and state
as follows:
"My name is Maria de Jesus Garza, and I am a Defendant/Appellant in
this lawsuit. I have personal knowledge of the facts contained in this
affidavit. The facts in this affidavit are all true and correct.
"I am a City Commissioner for the City of Port Isabel and, as such, I am a
member of the City Commission. As part of the normal business of the City
Commission, before every meeting, a notice is posted in a public place giving
notice to the public when the meeting is going to be held and what the agenda
items are. City Commissioners may request consideration of agenda items.
As per usual, a notice was posted identifying the time and agenda for the
regularly scheduled meeting for the week of April 13, 2015, which was held
on Monday, instead of Tuesday, that week. Regularly scheduled meetings
are set for the 2nd and 4th Tuesdays of each month but may be changed to
another date by the Commission or Mayor by request. The notice for April
13, 2015 included items for discussion and vote on allegations of business
dealings between certain Commissioners and the City, and the resulting
violation of the City Charter, specifically related to Mr. Torres, Mr. Cantu,
and Mr. Zamora, three City Commissioners at that time.
The City Charter Section 2.02 prohibits City Commissioners or candidates
for City office from having business dealings or transactions with the City.
Mr. Cantu placed the item on that agenda to remove Mr. Torres, and that item
was considered first. Mr. Zamora made the motion to remove Mr. Torres
from office, and Mr. Cantu seconded it. That vote failed to pass. Then the
next agenda items were considered, and Mr. Torres moved to remove Mr.
Cantu and then Mr. Zamora for violating the City Charter, as they both have
done business with the City through their respective auto repair businesses
for service. During the discussion of these issues before the vote, Mr. Cantu
and Mr. Zamora admitted doing business with the City in their car repair
1
businesses. The Commission voted by a majority that Mr. Cantu and Mr.
Zamora had violated the City Charter and they were removed from their
positions. Mr. Cantu was also a candidate for re-election at that time and,
therefore, became ineligible to be elected.
Mr. Cantu and Mr. Zamora obtained an order granting temporary injunction.
I have appealed that Order; and I want that appeal heard and ruled on.
Using the temporary court order, the one that is appealed, Mr. Cantu then
placed agenda items for the next City Commission meeting to: 1. Terminate
the City Manager and the City Attorney for their roles in disclosing his
business dealings with the City and in defending the lawsuit he and Zamora
had filed; 2. Rescind any charges or prior Commission votes finding that
Cantu and Zamora had violated the City Charter; 3. Rescind prior vote of the
Commission to stop further investigation into violations of the City Charter;
and 4. Revoke prior Commission vote and approval to hire outside counsel
to defend the lawsuit against individual members of the Commission.
Mayor Vega made the following statement at the beginning of the Special
Meeting they set for May 19, 2015:
‘The City Commission previously voted to remove Commissioner
Juan Jose ‘JJ’ Zamora and Commissioner Martin C. Cantu from
office. After consulting with my counsel, I believe that this removal
was lawful. That being said, a local court has entered a temporary
order permitting Commissioner Zamora and Commissioner Cantu to
vote at this meeting. This is only a temporary order and, based on my
consultation with counsel, I am appealing it. If the Court of Appeals
or Texas Supreme Court grants my appeal, Commissioner Zamora’s
vote will not count and everything that I anticipate will happen today
will be undone. I also believe that Commissioner Cantu and
Commissioner Zamora, as the persons who brought a lawsuit against
the City, [have an] ethical conflict which should prohibit them from
voting on matters related to that lawsuit. Any vote to remove the City
Attorney or City Manager by Commissioner Zamora and
Commissioner Cantu is also a violation of their ethical duty as they
have a conflict of interest since these actions are designed to cause
the City to abandon its right to appeal that order as well. I object to
Commissioner Zamora voting on any matter and consider any vote he
may make to be null and void. In relation to the items they have been
placed on the agenda tonight, I believe they constitute a conflict of
interest for both Commissioner Zamora and Commissioner Cantu,
and I believe that if they vote on any such matter that their vote will
2
be illegal and null and void. That being said, I am going to comply
with the order of the Court and will allow Commissioner Zamora and
Commissioner Cantu to participate and for them to be able to claim
to vote subject to my pending appeal and objections. '
Mr. Cantu and Mr. Zamora did not abstain from voting during the meeting.
Mr. Cantu and Mr. Zamora also moved or seconded the agenda items. Mr.
Zamora moved to vote on the termination of the City Attorney, Mr. Cantu
seconded the vote to rescind his own and Mr. Zamora's violation of the City
Charter, Mr. Zamora seconded the vote to stop funding for the City's
attorneys, Mr. Cantu seconded the vote to rescind any investigation into
violations of the City Charter, and lastly, Mr. Cantu moved and Mr. Zamora
seconded the decision to consider hiring a new City Attorney.
At the next meeting of the City Commission on June 1, Mr. Cantu and Mr.
Zamora moved and voted to replace the City Attorney with their lawyer in
this case, Gilberta Hinojosa.
I do not want this appeal dismissed."'
FURTHER AFFIANT SAYETH NOT.
MARIA DE JESU
SUBSCRIBED AND SWORN TO BEFORE ME on the ;)..f\:::, day of
~ ~1.~ , 2015.
,,,.....,,,
.s-``~.'-``~;-,.,. CINTHIA VALDEZ
r':~f'~ Notary Public, State of Texas
``..~:;.i My Commtssion Expires
-..-..::,{,~f``__.:· September 26, 2015
3
AFFIDAVIT OF JOE E. VEGA
STATE OF TEXAS §
§
COUNTY OF CAMERON §
BEFORE ME, the undersigned Notary Public, personally appeared Joe E. Vega, known
to me, who being duly swom upon his oath did depose and state as follows:
"My name is Joe Vega; I am Mayor of Pmi Isabel, Texas; and I am the
presiding member of the Port Isabel City Commission. I am also a Defendant
and Appellant in this lawsuit. I have personal knowledge of the facts
contained in this affidavit, and the facts in this affidavit are all true and
correct.
As part of the normal business of the City Commission, before every
meeting, a notice is posted in a public place giving notice to the public when
the meeting is going to be held and what the agenda items are. City
Commissioners may request consideration of agenda items. As per usual, a
notice was posted identifying the time and agenda for the regularly scheduled
meeting for the week of April 13, 2015, which was held on Monday, instead
of Tuesday, that week. Regularly scheduled meetings are set for the 2nd and
4th Tuesdays of each month but may be changed to another date by the
Commission or Mayor by request. The notice for April 13, 2015 meeting
included items for discussion and vote on allegations of business dealings
between certain Commissioners and the City, and the resulting violation of
the City Charter, specifically related to Mr. Torres, Mr. Cantu, and Mr.
Zamora, three City Commissioners at that time.
The City Charter Section 2.02 prohibits City Commissioners from having
business dealings or transactions with the City.
Mr. Cantu placed the item on that agenda to remove Mr. Torres, and that item
was considered first. Mr. Zamora made the motion to remove Mr. Torres
from office, and Mr. Cantu seconded it. That vote failed to pass. Then the
next agenda items were considered, and Mr. Torres moved to remove Mr.
Cantu and then Mr. Zamora for violating the City Charter, as they both have
done business with the City through their respective auto repair businesses.
The Commission voted by a majority that Mr. Cantu and Mr. Zamora had
violated the City Charter and they were removed from their positions.
1
Mr. Cantu and Mr. Zamora obtained an order granting temporary injunction.
I have appealed that Order; and I want that appeal heard and ruled on.
Using the temporary court order, the one that is appealed, Mr. Cantu then
placed agenda items for the next City Commission meeting to: 1. Terminate
the City Manager and the City Attorney; 2. Rescind any charges or prior
Commission votes finding that Cantu and Zamora had violated the City
Charter; 3. Rescind prior vote of the Commission to stop further investigation
into violations of the City Charter; and 4. Revoke prior Commission vote and
approval to hire outside counsel to defend the lawsuit against individual
members of the Commission.
I made the following statement at the beginning of the Special Meeting they
set for May 19,2015:
'The City Commission previously voted to remove Commissioner
Juan Jose 'JJ' Zamora and Commissioner Martin C. Cantu from
office. After consulting with my counsel, I believe that this removal
was lawful. That being said, a local court has entered a temporary
order permitting Commissioner Zamora and Commissioner Cantu to
vote at this meeting. This is only a temporary order and, based on my
consultation with counsel, I am appealing it. If the Court of Appeals
or Texas Supreme Court grants my appeal, Commissioner Zamora's
vote will not count and everything that I anticipate will happen today
will be undone. I also believe that Commissioner Cantu and
Commissioner Zamora, as the persons who brought a lawsuit against
the City, [have an} ethical conflict which should prohibit them from
voting on matters related to that lawsuit. Any vote to remove the City
Attorney or City Manager by Commissioner Zamora and
Commissioner Cantu is also a violation of their ethical duty as they
have a conflict of interest since these actions are designed to cause
the City to abandon its right to appeal that order as well. I object to
Commissioner Zamora voting on any matter and consider any vote he
may make to be null and void. In relation to the items they have been
placed on the agenda tonight, I believe they constitute a conflict of
interest for both Commissioner Zamora and Commissioner Cantu,
and I believe that if they vote on any such matter that their vote will
be illegal and null and void. That being said, I am going to comply
with the order of the Court and will allow Commissioner Zamora and
Commissioner Cantu to participate and for them to be able to claim
to vote subject to my pending appeal and objections. '
2
Mr. Cantu and Mr. Zamora did not abstain from voting during the meeting.
Mr. Cantu and Mr. Zamora also moved or seconded the agenda items. Mr.
Zamora moved to vote on the termination of the City Attorney, Mr. Cantu
seconded the vote to rescind his own and Mr. Zamora' s violation of the City
Charter, Mr. Zamora seconded the vote to stop funding for the City's
attorneys, Mr. Cantu seconded the vote to rescind any investigation into
violations of the City Charter, and lastly, Mr. Cantu moved and Mr. Zamora
seconded the decision to consider hiring a new City Attorney.
At the next meeting of the City Commission on June 1, Mr. Cantu and Mr.
Zamora moved and voted to replace the City Attorney.
I do not want this appeal dismissed."'
FURTHER AFFIANT SA YETH NOT.
JOEE. VEGA
-
t)!
SUBSCRIBED AND SWORN TO BEFORE ME on the
/ ,2015.
_7
I
- -
NOTARY PUBLIC, IN AND FOR
THE STATE OF TEXAS
3
Exhibit G
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Exhibit H
1
1 CAUSE NO. 2015-DCL-02342-H
- - - - - - - - - - - - - - - x
2 :
JUAN JOSE "JJ" ZAMORA, SR. : IN THE DISTRICT COURT
3 AND MARTIN C. CANTU, :
Plaintiffs :
4 :
VS. : 444TH JUDICIAL DISTRICT
5 :
CITY OF PORT ISABEL, TEXAS; :
6 MARIA DE JESUS GARZA, :
GUILLERMO TORRES AND :
7 JOE E. VEGA, :
Defendants : CAMERON COUNTY, TEXAS
8 :
- - - - - - - - - - - - - - - x
9
10
********************************************************
11
12 HEARING ON
PLAINTIFFS' REQUEST FOR TEMPORARY INJUNCTION
13 AND DEFENDANTS' PLEA TO THE JURISDICTION
14
********************************************************
15
16
17 On APRIL 24, 2015, the following
18 proceedings came on to be heard in the above-entitled
19 and numbered cause before the Honorable Bobby Flores,
20 Judge Presiding, held in Brownsville, Cameron County,
21 Texas.
22 Proceedings reported by computerized
23 stenotype machine.
24
25
CORINNA N. GARCIA, CSR
14
1 their business in-house. And so what the City of Port
2 Isabel would do is they would send their vehicles -- and
3 let me explain this carefully. They would send their
4 vehicles to Mr. Zamora on occasion, to his business to
5 repair, they would send their business to Mr. Cantu on
6 occasion to repair, and they would send most of their
7 business to Commissioner Memo Torres, who is a defendant
8 in this case, who I think that if you look at the
9 numbers and the testimony in this case, the amount of
10 business that he received was multiple times more than
11 the business that my clients received in this case.
12 This issue was challenged at some point by
13 my client J. J. Zamora. He raised the issue with the
14 city attorney and he raised the issue with the city
15 manager and he said, "Hey, are we allowed to do this?"
16 And they said, "As long as you abstain from the vote,"
17 which is the way it's supposed to operate.
18 Commissioners and city commissioners,
19 county commissioners all across the state of Texas on
20 occasion do business with the governmental entity that
21 they operate under, but they're required-- work for, as
22 an elected official, but they're required to abstain and
23 file an affidavit. If they do that, then there isn't a
24 problem.
25 Now, so what happens at this meeting is
CORINNA N. GARCIA, CSR