SPECIAL MEETING - March 10, 2015
BE IT REMEMBERED, that on this 10th day of March A.D., 2015, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
| HONORABLE RAMON GARCIA HONORABLE A.C. CUELLAR, JR. HONORABLE JOE M. FLORES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 3 |
and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:
 |
AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING March 10, 2015 9:30 A.M. |
|
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
1.
Roll Call
All members of the Court were counted present for the exception of Commissioner Joseph Palacios and Commissioner Eduardo "Eddie" Cantu.
All members of the Court were counted present for the exception of Commissioner Joseph Palacios and Commissioner Eduardo "Eddie" Cantu.
2.
Pledge of Allegiance
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
3.
Prayer
Michael Leo led the Court and Audience in Prayer.
Michael Leo led the Court and Audience in Prayer.
4.
Open Forum
No Open Forum discussions.
No Open Forum discussions.
5.
County Judge's Office:
A.
AI-48778
1. Discussion, consideration, and action to amend the Hidalgo County Tax Increment Reinvestment Zone (TIRZ) Policy
Bobby Villarreal, County Judge’s Office, explained that they have decided to amend and extend the current Shoppes TIRZ Number One and allow it to interact with the new Arena Project TIRZ Number Four. He stated the bond holders would be at ease due to having a sales tax and property value history. In effect, this would assist in the borrowing for the arena. He stated that the policy would be amended to become a part of Multiple Zone Project and meets the requirements.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Approval of order and Interlocal Agreement by and among City of Edinburg, Hidalgo County, and Tax Increment Reinvestment Zone Number Four, City of Edinburg, allowing for Hidalgo County to participate in the Tax Increment Reinvestment Zone
Mr. Steve Crain, Legal Counsel, stated that the agreement will need another revision regarding an updated copy of an ordinance from the city for exhibit B.
Ray Eufracio, County Auditor, had a few concerns within the agreement. He stated that there is no specified maximum contribution amount that the County is willing to participate in, there is a blank space in the agreement, and some exhibits were not attached. Mr. Ramiro Garza explained that the way this TIRZ is set up is based on projections. Since Bonds are being issued, the County’s contribution of 80% of M & O serves as a maximum. He stated there are no existing valuations (for the exception of one parcel) on TIRZ Four, at this time; therefore the dollar amount may vary. Mr. Eufracio continued to recommend an estimated dollar amount of participation as opposed to having an open dollar amount. Mr. Garza explained that this TIRZ is project specific and stated this type reduces the County's commitment in the long term because of the sales tax the County has pledged.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of an order and Interlocal Agreement by and among City of Edinburg, Hidalgo County, and Tax Increment Reinvestment Zone Number Four, City of Edinburg, allowing for Hidalgo County to participate in the Tax Increment Reinvestment Zone at 80 percent of Maintenance and Operations Tax Rate, subject to final legal review.
Vote: 3 - 0 - Unanimously
3. Appointment of one (1) board member to represent the County of Hidalgo on the Tax Increment Reinvestment Zone Number Four, City of Edinburg Board of Directors
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to appoint Commissioner Joseph Palacios on behalf of Hidalgo County.
Vote: 3 - 0 – Unanimously
4. Discussion and possible action on Order approving Agreement to terminate Economic Development Agreement relating to The Shoppes at Rio Grande Valley in Tax Increment Reinvestment Zone Number One, City of Edinburg.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval subject to final legal review.
Vote: 3 - 0 - Unanimously
5. Discussion and possible action on Order approving Amendment to Interlocal Agreement with the City of Edinburg relating to Tax Increment Reinvestment Zone Number One, City of Edinburg
Mr. Eufracio stated he had a few concerns on the Amendment. The first is that the benefit to the County is not listed on the amendment. Mr. Crain stated that the benefit is listed on the policy, but he will further review it with Bond Counsel and will make a recommendation, if needed. He was also concerned the amended agreement does not state whether the TIRZ Board of Directors adopted the Amended Project Finance Plan. Mr. Garza clarified that the TIRZ Board of Directors is the Economic Development Corporation Board and they have approved the Amended Project Finance Plan. Mr. Eufracio also stated an exhibit was not attached to the backup.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval subject to final legal review.
Vote: 3 - 0 - Unanimously
6. Authority for County Judge to sign the General Certificate of Hidalgo County, Texas in connection with the issuance by the Issuer of its CITY OF EDINBURG, TEXAS LOCAL GOVERNMENT FINANCE CORPORATION CONTRACT REVENUE BONDS, SERIES 2015A (EDINBURG ENTERTAINMENT CENTER PROJECT), and CITY OF EDINBURG,TEXAS LOCAL GOVERNMENT FINANCE CORPORATION CONTRACT REVENUE BONDS, TAXABLE SERIES 2015B (EDINBURG ENTERTAINMENT CENTER PROJECT)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval subject to final legal review.
Vote: 3 - 0 - Unanimously
Bobby Villarreal, County Judge’s Office, explained that they have decided to amend and extend the current Shoppes TIRZ Number One and allow it to interact with the new Arena Project TIRZ Number Four. He stated the bond holders would be at ease due to having a sales tax and property value history. In effect, this would assist in the borrowing for the arena. He stated that the policy would be amended to become a part of Multiple Zone Project and meets the requirements.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Approval of order and Interlocal Agreement by and among City of Edinburg, Hidalgo County, and Tax Increment Reinvestment Zone Number Four, City of Edinburg, allowing for Hidalgo County to participate in the Tax Increment Reinvestment Zone
Mr. Steve Crain, Legal Counsel, stated that the agreement will need another revision regarding an updated copy of an ordinance from the city for exhibit B.
Ray Eufracio, County Auditor, had a few concerns within the agreement. He stated that there is no specified maximum contribution amount that the County is willing to participate in, there is a blank space in the agreement, and some exhibits were not attached. Mr. Ramiro Garza explained that the way this TIRZ is set up is based on projections. Since Bonds are being issued, the County’s contribution of 80% of M & O serves as a maximum. He stated there are no existing valuations (for the exception of one parcel) on TIRZ Four, at this time; therefore the dollar amount may vary. Mr. Eufracio continued to recommend an estimated dollar amount of participation as opposed to having an open dollar amount. Mr. Garza explained that this TIRZ is project specific and stated this type reduces the County's commitment in the long term because of the sales tax the County has pledged.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of an order and Interlocal Agreement by and among City of Edinburg, Hidalgo County, and Tax Increment Reinvestment Zone Number Four, City of Edinburg, allowing for Hidalgo County to participate in the Tax Increment Reinvestment Zone at 80 percent of Maintenance and Operations Tax Rate, subject to final legal review.
Vote: 3 - 0 - Unanimously
3. Appointment of one (1) board member to represent the County of Hidalgo on the Tax Increment Reinvestment Zone Number Four, City of Edinburg Board of Directors
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to appoint Commissioner Joseph Palacios on behalf of Hidalgo County.
Vote: 3 - 0 – Unanimously
4. Discussion and possible action on Order approving Agreement to terminate Economic Development Agreement relating to The Shoppes at Rio Grande Valley in Tax Increment Reinvestment Zone Number One, City of Edinburg.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval subject to final legal review.
Vote: 3 - 0 - Unanimously
5. Discussion and possible action on Order approving Amendment to Interlocal Agreement with the City of Edinburg relating to Tax Increment Reinvestment Zone Number One, City of Edinburg
Mr. Eufracio stated he had a few concerns on the Amendment. The first is that the benefit to the County is not listed on the amendment. Mr. Crain stated that the benefit is listed on the policy, but he will further review it with Bond Counsel and will make a recommendation, if needed. He was also concerned the amended agreement does not state whether the TIRZ Board of Directors adopted the Amended Project Finance Plan. Mr. Garza clarified that the TIRZ Board of Directors is the Economic Development Corporation Board and they have approved the Amended Project Finance Plan. Mr. Eufracio also stated an exhibit was not attached to the backup.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval subject to final legal review.
Vote: 3 - 0 - Unanimously
6. Authority for County Judge to sign the General Certificate of Hidalgo County, Texas in connection with the issuance by the Issuer of its CITY OF EDINBURG, TEXAS LOCAL GOVERNMENT FINANCE CORPORATION CONTRACT REVENUE BONDS, SERIES 2015A (EDINBURG ENTERTAINMENT CENTER PROJECT), and CITY OF EDINBURG,TEXAS LOCAL GOVERNMENT FINANCE CORPORATION CONTRACT REVENUE BONDS, TAXABLE SERIES 2015B (EDINBURG ENTERTAINMENT CENTER PROJECT)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval subject to final legal review.
Vote: 3 - 0 - Unanimously
Attachments:
6.
Adjourn
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
There being no further business to come before said
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 10th day of March, 2015
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Virginia Jones, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on MARCH 10, 2015.
Signed this 10th day of MARCH 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 10th day of March, 2015
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Virginia Jones, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on MARCH 10, 2015.
Signed this 10th day of MARCH 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy