Eagle Pass City Council Unanimously Approves to Authorize City Administration to Continue Negotiations with Texas Department of Public Safety regarding its “Presence” at City-Owned Shelby Park
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2023
Two weeks after unanimously approving to rescind a controversial “Criminal Trespass Affidavit” signed by Mayor Rolando Salinas, Jr., that reclassified the city-owned Shelby Park as “private property” and authorized the Texas Department of Public Safety (DPS) to enforce the state’s misdemeanor Criminal Trespass statute against asylum-seeking migrants by arresting, charging, and detaining them in state jails and courts, the City of Eagle Pass, Texas City Council unanimously approved to authorize the City Administration “to continue negotiations” with DPS regarding its “presence” at the city-owned Shelby Park at its Tuesday, August 15, 2023, Special Meeting after intense lobbying by DPS and other stakeholders, opening the door to reversing its previous August 1, 2023 decision to rescind the controversial affidavit and collateral activities at the public park.
During the Citizens Communication agenda, Karyme Flores, a member of the Eagle Pass Border Coalition and a college student at Texas Woman’s University, addressed City Council on Agenda Item No. 19 calling for negotiations with DPS’ presence at Shelby Park and stated she urged the City Council to consider that Governor Greg Abbott and the state of Texas do not have the best interests of Eagle Pass in mind. She advised the City Council to stop allowing our state government of using our taxpayers monies for fear mongering and stop using Eagle Pass as a political prop. She petitioned the City Council to request DPS to remove the concertina wire, metal shipping containers, and military humvee vehicles from Shelby Park and the Eagle Pass Golf Course, as well as stop DPS from seizing both public parks and denying access to the citizens of Eagle Pass from using the two parks. She noted that “Eagle Pass deserves better than this.” She encouraged the City Council to invest in the youth of the community and to create economic opportunities for the youth of Eagle Pass.
Eagle Pass Winn High School student and National Honor Society President Carlos Longoria also addressed City Council regarding Agenda Item No. 19 on negotiations with DPS and its presence at Shelby Park. Longoria urged City Council to take into consideration the youth of our community and noted that the metal shipping containers and the concertina wire in the Eagle Pass Golf Course and Shelby Park are hurting our youth, especially sporting events. He noted that he is a three year member of the Winn Golf Team and the golf team have lost use of the Eagle Pass Golf Course because of the concertina wire and metal shipping containers placed on the edge of the river by DPS. He pointed out that the Winn Cross-Country team use of Shelby Park and the Eagle Pass Golf Course for training has been restricted due to the public parks being taken over by DPS. He added fishing and kayaking activities have been denied since DPS took over Shelby Park and the boat ramp. He highlighted that the metal shipping containers and concertina wire has instilled a sense of fear, hostility, and concern among the youth of our community that these public parks have been converted into a “conflict zone.” He petitioned the City Council to take into consideration that DPS’ presence in the parks has affected the mental health and recreational opportunities for the youth in our community as they enter into negotiations with DPS.
Eagle Pass retired educator, small businessman, and Rio Grande River advocate thanked the City Council for their rescission of the Criminal Trespass Affidavit on August 1, 2023, and requested they return Shelby Park to the citizens of Eagle Pass and to restore the river to its natural state, get rid of the concertina wire and metal shipping containers, and suggested City Council to use the existing border wall at Shelby Park. He pointed out that DPS does not have to be at the river banks and should not be arresting and detaining asylum-seeking migrants at Shelby Park. He noted that the Eagle Pass Border Coalition and himself have received hundreds of telephone calls from around the world who are interested in how the City Council is going to handle this situation with DPS’ presence at Shelby Park and the laying of concertina wire and metal shipping containers on the banks of the Rio Grande. He petitioned the City Council to return Shelby Park to the people of Eagle Pass and require the reforestation of the river by DPS.
The City Council went into Executive Session (Closed Session) to discuss Agenda Item No. 19 calling for consultation with legal counsel regarding negotiations with DPS concerning DPS’ presence at Shelby Park. Present at the meeting was City Attorney Heriberto “Eddie” Morales, who is also a State Representative, Interim City Manager Ivan Morua, and seated among the audience was Maverick County Attorney Jaime “A.J.” Iracheta, Maverick County’s Operation Lone Star Prosecutor and Grant Administrator. Since the City Council went into closed session to discuss Agenda Item No. 19, the public and this publication were not privileged to find out who specifically went into closed session with the City Council regarding discussion of negotiations with DPS on the use of Shelby Park.
Upon the City Council’s return into Open Session, Councilwoman Monica J. Cruz, who is employed as Maverick County Planner, made the motion to “authorize the City Manager and Legal” Counsel to continue negotiations as directed in Executive Session with DPS regarding their presence at Shelby Park as directed at the Executive Session, and Mayor Pro-Tem William “Billy” Davis seconded the motion. There was no public discussion by the City Council in open session and Mayor Salinas called the motion to a vote, which was unanimously approved by the City Council. Shortly thereafter, the City Council adjourned the meeting.
Consequently, the Eagle Pass City Council has approved that Interim City Manager Ivan Morua and Legal Counsel, either Heriberto “Eddie” Morales or newly-hired City Attorney Ana Sophia Berain-Garcia, continue negotiations with DPS concerning their use of Shelby Park and under what terms and conditions are subject to approval by the City Council in the near future. The negotiations are being conducted in closed session by City Council without notifying the public taxpayers the specific terms and conditions being discussed and negotiated with DPS.
According to the Texas Parks and Wildlife Code, Chapter 26 titled “Protection of Public Parks and Recreational Lands,” (a) “a municipality of this state may not approve any program or project that requires use or taking of any public land designated and used prior to the arrangement of the program of project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless the…municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting form the use or taking.
Section (b) of Chapter 26.001 requires the municipality make “a finding required by Subsection (a) of this section may be made only after notice and a hearing as required by this chapter.
Section (c) of Chapter 26.001 requires “the governing body or officer shall consider clearly enunciated local preferences, and the provision of this chapter do not constitute a mandatory prohibition against the use of the area if the findings are made that justify the approval of a program or project.”
Section 26.002 of Chapter 26 of the Texas Parks and Wildlife Code requires the municipality provide notice and a public hearing before approval in writing, the notice must state clearly the proposed program or project and the date and place for the public hearing. The notice must be given at least 30 days before the date for the public hearing. Notice must be given to the public by publishing a notice once a week for three consecutive weeks. The last days of publication must not be less than one week or more than two weeks before the date of the hearing. The notice must be published in a newspaper of general circulation in the county where the land proposed to be use or taken is situated.
In the event any citizen or stakeholder disapproves, they may file a petition for judicial review within 30 days after the approval or disapproval is announced.
The Eagle Pass City Council and City Administration will have to comply with Chapter 26 of the Texas Parks and Wildlife Code if they seek to approve an agreement with DPS concerning DPS’ presence at Shelby Park.
The Eagle Pass City Council is composed of Mayor Rolando Salinas, Jr., Mayor Pro-Tem William “Billy” Davis, and Council Members Monica J. Cruz, Elias Diaz, and Mario E. Garcia. Interim City Manager is Ivan Morua.
