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

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.

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.

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 *4 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 *5 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 *6 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 *7 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 *8 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 *9 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 *10 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.’”).

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.

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 *13 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 *14 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; *15 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

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

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 *2 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

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

PD F Pr o Tr ia l

PD F Pr o Tr ia l

PD F Pr o Tr ia l

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

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

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. *4 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

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. *6 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

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

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

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

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

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

24 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?

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

25 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

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

26 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.

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

27 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?

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

28 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.

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

29 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.

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

30 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.

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

31 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

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

32 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

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

33 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?

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

34 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

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

35 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?

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

36 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

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

43 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

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

44 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.

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

45 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

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

46 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?

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

47 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.

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

48 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?

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

49 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

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

79 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?

JESSIE C. SALAZAR, Texas CSR #4286 139th Judicial District Court § Hidalgo County, T E X A S

114 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 '' ( ;:trZ<l. ( :t>lll 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 <II (J:Il~ pm.

1. Deliberation regarding potential lease agreement with Sub Sea 7, Pursuant to Texas Government Code, Section 551.072, real property.

2. Deliberation rc:garding litigation between the: City of Port Isabel and the City of Brownsville regarding annexation, pursuant to Texas Government Code, Section 551.071(1)(A), pending or comemplated litigation.

3. Deliberation regarding City of Port lsabd, Texas; Maria de Jesus Garza; Guillermo Torres and Joe E. Vega vs. Juan Jose "JJ" Zamora and Martin C. Cantu, pursuant to Texas Governmc:nt Code, Section 551.071(1)(A), pending or contemplated litigation.

VII. OPEN SESSION Commissioner Juan.J ose ''JJ" Zamora motioned seco nd br Commissio ner J t:fferY Dm·id :\ lartinez and all voting "a1·t:" to come: our of closed st:ss1on :11 ~: 1)- "·ith 1101 official acrion taken.

1. Ddiberation regarding potential lease agreement with Sub Sea 7, Pursuant to Texas Government Code, Section 551.072, real property. Commissio ner Juan .Jose "JJ' 7.amommnlioned, second b1· CommiSSioner JefferY D:l\·id :\lartinez and all 1·oring "a1-c' ' to appro1·e 1hc Ja,t Obligation Ground Lease submitted IJy Subsea- ro Interim CitY .\fanager J :aed Hockema wi rh 1he condition I hat the periormance to the em·ironmental porrion ro the lease be g11aran teed by Subsea Us.

2. Deliberation regarding litigation between the City of Port Isabel and the City of Brownsville regarding annexation, pursuant to Texas Government Code, Section 551.071(1)(A), pending or contemplated litigation. Commissioner .\ Iar1in C. C:ullu motioned. second b1· Commissioner Jeffery Dm·1d :\lartmez and all voring ":11·e'' to apprm·e Citr artnrne~· Gilbcrl Hinojosa ro proceed what ther discussed in closed session.

3. 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. Commissioner \larti.t1 C. Canm motioned. second br Comnussioner .Jeifery David .\Iartinez the City Commission ,·o ted duce (3) for and nne ( I) abs1aim with ,\ Ja r orJoe E. \ 'ega Robert Collins !hat he clocsn' l represent the Citrin rlus mattt:r and second to ret>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 <J, 20 I ') TIME: -:()I Ip.m.

PLACE: Ciry f !all Chambe rs \leering Room

MEMBE RS PRE SENT: Joe F~ . \ ·<:ga. :\layor Juan J nse ''J.J" Lamora, Commissioner Place \."o. \lari:t de k~u,; ·'\1)" ( ;,,rz:t, ( :omnti>:<iom:r ]'bee '\11. 2 ,\ fartin C. Can tu. Com missioner Place No. 3 .Jeffery DaYid .\ lart.incz, Commissioner 1\:o...J. I ~d\\·an.l .\Ieza. City :\ tanager S u ~ ie :\lcocer, City S<:crctary Rene \:;l\·a, Finance Director

MEMBE RS ABSENT: none

ALSO PRESENT: Rcy Pu<:ntc, !(en .kncschek, Pam Ochoa, J. .\l fo n so, h ·an k Da1·alos, :\mlrca Fazioli, L ulu l\: unez. Concha \\'c,;t, Tommie Eli um, Jim E lium , . \gus tin \"ilb, Ron & Cecelia Bliss. Pam Odma. \\"a nda & Roh Rice, Sandra Cruz, Joe Humbr, G reg C ruz, .\lex .-\lc;mtara, Glenda Staffo rd, J uanit·a S11·ingtield, Jane \'l"t]u;tms \ "o nccll.rna /.a ma nt, Roger Pt: te rson, [ !len Snnler, (;a t} Snnlc: r. Ra1· R.ios . .\[aria .\h-arez, :-.. ranucl Pathtn

ORDE R O F BUS INESS

T. CALL TO ORDE R ,\ Iayoc Joe E. \ 'ega callcd rhe mccting to o rder at -:00 pm.

II. INVOCATION Commissione r .\laria de J esus ".\ ~I " Garz:t gan: the im·ocarion.

III . P LEDGE OF ALLEGIANCE Cny Comm ission led the Pledgc of .\llegiance.

IV. P UBLIC COMMENT / OPEN FORUM: PLEASE N OTE: ::;. Any pers on wirh bus iness b e fore the Commissio n , n o t sch e duled o n th e Agenda as a Public he aring may s peak to the commission .

o Public Co mm ent Forms a re located on the table at the entrance of th e City Chamb ers m eeting R oo m . [For furth e r info rm a tio n , contac t th e O ffice o f the City Secretary ]

0 Public C o mm e nt F orms mu st b e filled o ut and presented to the C ity no later tha n fifteen (15) m inutes prio r to sc hed ule d s tart of the m eeting, to be con s id ered and recognized .

o The s p eaker mu st s tate h is / h er full name before s pe aking.

o T h e re is a three (3) minute tim e limit pe r s p eaker.

o Public C o mm en t Fo rms are n ot accep ted afte r 6:.f5 p.m.

o Power Po int Presentatio n s a re no t c ondu c ted during the public comm ent pe ri o d . .\Ia rgic j:1cobs Em ployee of the C rt 1· of Port lsabd approacln:d rhe City Com m1 ~st on w1th a general comment. She ~t;Hed rh:tr her he:trr \\'as l " t'r~· sad she has been 11·orking in the best place Ln \\"Orkl. She sra teJ thar in rhe pa, t· few month~ ' n egari1· ir~· ha s beL·n raken on: r a lor nf posi t i n~ th ar rhc cr ry has t.lone. She would like ru share rhe pomiYe tha t is going on ri~ht 110\\·: TOLtn on Facchook rhe Texas Downtown .\ssoci;rtron phlct·d Porr Isahel 2H hl'st pl:tces to l.i1-c from I flO places. T he one thing that rtall~ hu rts u~ was education and righr now one of our prnjecrs is the 2 IT;II· C ulina ry .\ rr Insti tute at rhe Yacht Club. The second page rhat ll"as ~ h nwn o n Facebook \\":t~ also from rhc T exas Do \\"11 town _\ssl>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<io n on .\prill.), 2l! l.'i rhar ;\Lu·rin Canluand,I..J. Zatnlll":t\\"Crc di~lpt:tlified from oftln· . .tnd 10 n:st:ind an~ ;lction rakt.:n iO rcmm ·e rhcm . T h e m otio n carrie d.

3. Con s id e ratio n and possib le ac tion to rescind a p p roval of the re tenti o n of o u ts id e co un sel to re present tb e c ity a nd mcmbc i"S o f the c ity commissio n in pe nding a n d / or th re a te n e d litigatio n , a n d to rescind a p pro,·;.tl to pay any fees inc urre d by outs id e co u n sel, effective M ay 6, 2015, con s is ten t \\i th a find ing u n d e r Ordi na n ce N umber 364 tha t the p e ndi n g and / or con te m p la te d li tig a tion to w h ic h m e mbe rs o r fo rm er m e m b ers of t h e city com mis sion may b e a p arty d ocs n ot a rise fro m a c tio n s taken for o r o n be h a lf of th e c ity, a n d fu rther find in g that s u c h fees are n ot t·easonabl e. Comm issioner J effe ry D:l\-id .\ la rtine7. mo tioned , second hy C onunis~ionc r Juan Jose "JJ " 7..amora Ciry Commis sion rhe Ci ty Commi s~ i on \'Otcd threL' (3) for and m ·o (2) abstains with .\bror J oe E . \"ega .1110 Comrmssioucr .\bria d e J c~u~ ··\JJ " G arza ahstainr o rescind approl·;t] o l· rhe rete nrion nf o ur , id,· cotrn scllo r..:pre!'t'tH du: ci ry and tnt:mber>· 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~ .lll<lnH:r. T h e m otion carried.

6. Discuss ion and p o tential ac tion to approve Resolution No. 05-19-15-01: A Resolution by the City Commission o f Port Isabe l, Texas to appoint or re-appoint on e (1) member to the Port Isabel Econ om ic Deve lopm ent Board. [Commissioner Jeffery David Martin ez] Co nunissioner \htrrin C. Can tu motioned, second by Com missioner Juan Jose ''_I)'' 7.amora and all \'Oiing ''aye" to appro,·e Resolution :\:o. OS-19- IS t)J: .\ Re,olution h~- rhe C it ~· Co mmission nf Port lsabeLTexa~ to appoinr .Jcfier~· David .\farnnez ru the Port h;ahel J·:conomic Dt::\"elopmenl" Boa rd.

VI. C LOSED SESSION Co mmi ~,io n e r \fani n C. ( :;tntu motioned ~eco nd b~· Cnmmis,-ioner \fa ria de Jest!'; ".\~I" ( ;arza and all \'oting "aye" ro go in to dost:d se~si on ar ~: IG pm . A. To deliberate the appointmenr, cmploymem, ev aluation , reassignment, d uties, d i sc iplin e~; , or dis missal of the city attorney, pursuant to the T exas Open Mee tings Ac t, Section 551.07-l ( l)(a).

B. T o deliberate th e appointment, l~ m p l oy menr , eYalu ation , reass ignm eu t, duti es, discip lin e, or dism issa l of the city manage r pursuaor to the Texas Open Mee tings Act, Sec tion 551.07-l (l)(a).

C. To delib erate the appointm e nt, e mployment or duties of an interim city manager, purs ant to the Texas Open Meetings Act, Secti on 551.074 (l)(a) .

V II. ACTION TAKEN FROM CLO SED SESSION; I F ANY. Comnussioner ,\lana de Jc>u~ ".\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 Martin 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.

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

' 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 Martin 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.

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

' 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 Martin 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.

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

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,

r . • . I C ) I 0 .r .I , · ·( ·/'f -r

'J t Y }I l.'. _..\ 1 ,·_/~ - . I r .r_~ :: ' L: ('" & ) ' , J . . _-'( ( :.( -:.::- ~ '- J ,· (

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

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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

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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.

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

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

"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

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

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

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.

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. '

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

Exhibit G

PD F Pr o Tr ia l

PD F Pr o Tr ia l

PD F Pr o Tr ia l

PD F Pr o Tr ia l

PD F Pr o Tr ia l

PD F Pr o Tr ia l

Exhibit H

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

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