[Item 12c - Pursuant to Texas Government Code Section 551 .071, Consultation with Attorney, regarding the city's ability to require City Commission approval and public notice prior to authorizing connections to drains in ETJ for stormwater which were formally approved administratively]

KEEP THE AIRPORT OPERATING. THE LAND PURCHASE STEMS FROM THE AIRPORT TO THE ARROYO, SPENDING 5 MILLION IN FEDERAL FUNDING THROUGH THE FAA GRANT. ALONG WITH AIRPORT REVENUE. THIS DRAINAGE CANAL WAS BUILT EXCLUSIVELY FOR AIRPORT USE ONLY TO DRAIN THE AIRPORT PROPERTY. IN ADDITION, THE DRAINAGE CANAL HAS BEEN MAINTAINED ALL THIS TIME BY AIRPORT STAFF AND THEIR EQUIPMENT. AGAIN, WITH AIRPORT REVENUE, IT'S FEDERALLY OBLIGATED LAND. THE FAA WOULD HAVE TO APPROVE ADDITIONAL USE OF THIS DRAINAGE CANAL. THE DRAINAGE CANAL MAY BE SUBJECT TO FEDERAL GRANT OBLIGATIONS AND AIRPORT USE RESTRICTIONS.

IF THE FAA WERE TO ALLOW THE DATA CENTER TO USE THE CANAL, THE AIRPORT WOULD NEED TO APPROVE THE CHANGE AND RECEIVE FAIR MARKET VALUE FOR THE USE OF SAID CANAL. I SUSPECT THE FAA MAY BE RELUCTANT TO ALLOW ANYONE TO USE THIS DRAINAGE CANAL BECAUSE OF LAST YEAR'S FLOODING AND THE DAMAGE IT CAUSED OUR RUNWAYS AND TAXIWAYS, NOT TO MENTION THE AIRPORT'S

[00:45:01]

LOSS OF REVENUE. WHILE THEY WERE SHUT DOWN FOR THREE DAYS. SO IF FEDERAL AVIATION FUNDS WERE USED SPECIFICALLY TO CONSTRUCT DRAINAGE INFRASTRUCTURE NECESSARY TO PROTECT THE AIRPORT FROM FLOODING, YOU CAN'T SIMPLY REPURPOSE THE DRAINAGE CANAL FOR PRIVATE INDUSTRIAL DEVELOPMENT WITHOUT ADDRESSING THE FEDERAL AVIATION OBLIGATIONS ATTACHED TO THE PROJECT. SO YES, PAINFUL AS IT MAY BE FOR YOU, THE CITY WOULD HAVE TO ASK PERMISSION TO USE THE DRAINAGE CANAL TONIGHT. I'M PLACING THE CITY OF HARLINGEN ON NOTICE SO THAT YOU CANNOT PLEAD IGNORANCE WHEN THE FAA COMES KNOCKING, AND I PROMISE YOU THEY WILL. I DON'T THINK I WOULD GIVE THOSE BOYS ANOTHER REASON TO COME DOWN HERE AND POWWOW WITH YOU. NORMA, YOU'VE CAUSED ENOUGH PROBLEMS AT OUR AIRPORT. ONE MORE REASON YOU SHOULD NOT BE ALLOWED TO VOTE ON THE AIRPORT BOARD. MISS KATE FRANCO IS PUBLIC AFFAIRS AND COMMUNITY RELATIONS FOR FLUID STACK. SHE MANAGES PUBLIC PERCEPTION AND COMMUNITY OPPOSITION. SHE'S HERE TO SELL IT. DON'T BUY IT. I WOULD TAKE A HARD PASS UNTIL WE HAVE MORE INFORMATION, NAMELY FROM THE FAA AND LEGITIMATE ENGINEERING AND IMPACT STUDY RESULTS. FLUID STACK CAN WAIT. THANK YOU, MISS WINTER. NEXT WE HAVE ALBERT GARCIA. I'M NOT AS ORGANIZED AS THEY ARE, BUT I'VE COME WITH GOOD NEWS AND SOME CONCERNS. FIRST OF ALL, I THANK MR. LOPEZ.

HE'S BEEN OUTSTANDING. VERY GOOD EXAMPLE OF WHAT A GOOD COMMISSIONER IS. AND OF COURSE, I'VE NEVER MET HER BEFORE. AND I AM CERTAINLY IMPRESSED BY DELIA, WHO TOOK THE OPPORTUNITY TO EXPERIENCE WHAT OTHER OFFICERS GO ON A DAY BY DAY. AND I THINK EACH ONE OF YOU SHOULD MAYBE, EVEN POSSIBLY DO THAT, BECAUSE IT'S IMPORTANT TO UNDERSTAND WHAT THE OTHER SIDE LOOKS LIKE. NOW WITH THE CONCERNS, IT'S EASY TO SAY THAT I HAVE DONE JUST JUST IF YOU COULD JUST YOUR ADDRESS AND YOUR DISTRICT. YES. I'M SORRY. 1406 BARTON WITH MR. LOPEZ, PRECINCT TWO. THANK YOU SIR. IT'S EASY TO SAY THAT I HAVE NO CONCERNS, BUT I DO, I DO, AND THOSE CONCERNS ARE SOME MENTIONED ABOVE. I'VE EVEN CALLED MR. MESMER, WHICH MADE IT VERY CLEAR WHO TALKED ABOUT THE SOURCE OF WATER TO BE USED IN FLUID STACK BEING IN RIO HONDO. OKAY. BUT THEN THE DRAINAGE PART WAS THE ISSUE, AND EVERYBODY KNOWS WHAT I'M TALKING ABOUT. THE DRAINAGE INTO THE HARLINGEN AIRPORT IS A CERTAIN. IT'S A DEFINITE ISSUE BECAUSE IF IT HAPPENS AGAIN, GOD FORSAKE. YOU KNOW, IT'S GOING TO MEAN EVEN MORE AND MORE COMPROMISES THAT THE CITY HAS TO MAKE. BUT NOT ONLY THAT, AS MR. LOPEZ KNOWS, I AM PROUD REALTOR AND I REPRESENT MANY PEOPLE, AND I LOVE THE PEOPLE OF HARLINGEN. WHAT CONCERNS ME IS THAT IT BECOME EVEN MORE LIKE BROWNSVILLE. YOU SEE, SPACEX DID A LOT OF REALLY GOOD STUFF, A LOT OF GREAT STUFF. BUT UNFORTUNATELY, THEIR TAXES HAVE GONE OUT OUTRAGEOUSLY. THE UTILITIES ARE OUTRAGEOUS TO PEOPLE WHO COULDN'T AFFORD THE HOUSE THEN CERTAINLY CAN'T DO IT NOW. AND THAT'S ABOUT TO HAPPEN HERE WITH THE SECOND WATER RATE INCREASE. LONG STORY SHORT, I'M CONCERNED ABOUT THE TRANSPARENCY, NOT VOTING ON THE ON THE WHAT'S IMPORTANT, THE THINGS THAT ARE GOING TO HAPPEN AT THE LAST MINUTE AND NOT EXPLAINING IT AND LETTING THE PEOPLE KNOW BECAUSE YOU REPRESENT US. AND LIKE THESE OTHER COMMISSIONERS THAT I MENTIONED, THEY DO A GREAT JOB. BUT THE TRANSPARENCY PART IS THE ISSUE. NOTHING GOOD IS EVER DONE IN A HURRY, AND NOTHING GOOD EVER COMES OUT OF THE DARK.

THANK YOU. AMEN. THANK YOU, MR. GARCIA. NEXT WE HAVE LUIS VALDESPINO. LUIS VALDESPINO, DISTRICT THREE. GOOD EVENING, COMMISSIONERS AND MAYOR. IN AUGUST OF 2025, A MONTH AFTER THE HARLINGEN MAYOR FIRST MET WITH US ENERGY, SHE SAID IN HER REELECTION BID THREE YEARS AGO, I PROMISED TO BRING CITY HALL BACK TO THE PEOPLE, TO LISTEN AND TAKE ACTION AND TO PRIORITIZE THE CITIZENS VOICES. ROUGHLY ONE YEAR LATER, SHE PUSHED FOR A CITIZEN DECORUM

[Item 12d - Pursuant to Texas Government Code Section 551.071, Consultation with Attorney, regarding possible terms and conditions of stormwater connection agreement.]

POLICY. ON TOP OF THAT, WHEN CITIZENS ASKED TO BE ALLOWED TO READ THE FINAL DRAFT PRIOR TO A VOTE ON IT, SHE SAID TOMA REQUIRES US TO POST THE AGENDA AND THAT'S BEEN DONE. IN OTHER WORDS, SHE NO LONGER CARES TO PRIORITIZE CITIZENS VOICES. NOW LET'S TALK ABOUT THE FLUID STACK DATA CENTER PROJECT AND THE OPPORTUNITY FOR HARLINGEN CITIZENS TO VOICE CONCERNS, ALONG WITH HOW AGENDA ITEMS ARE BEING HANDLED BY OUR CITY. IN JANUARY, THE MAYOR POSTED IF A

[00:50:05]

DATA CENTER WERE EVER PROPOSED WITHIN HARLINGEN CITY LIMITS, I WOULD ADVOCATE FOR A TOWN HALL STYLE MEETING SO THAT THE COMMUNITY CAN HEAR FACTS DIRECTLY AND ASK QUESTIONS ABOUT WATER POWER, LAND USE, JOBS AND INVESTMENT. AND WHILE THE FLUID STACK PROJECT IS OUT OF CITY LIMITS, IT IS WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION. AND I REMIND YOU THAT IN FEBRUARY, THE MAYOR WROTE, BOUNDARY LIGHTS, BOUNDARY LINES DO NOT PREVENT IMPACT. IF SOMETHING AFFECTS OUR REGIONAL WATER SUPPLY, OUR UTILITIES OR SURROUNDING INFRASTRUCTURE, IT MATTERS TO HARLINGEN WHETHER IT SITS JUST OUTSIDE CITY LIMITS OR NOT.

WHILE THIS PROJECT AFFECTS US, ARE YOU NOW READY TO CALL FOR A TOWN HALL MEETING ON THE SUBJECT? AN UNOPPOSED AND UNPOSTED STAFF PRESENTATION OR OTHERWISE TODAY WILL NOT BE SUFFICIENT. IN FACT, IT WILL VIOLATE THE TEXAS OPEN MEETINGS ACT. ACCORDING TO THE TRAINING VIDEO, USING A GENERIC OR BOILERPLATE BOILERPLATE AGENDA ITEM LIKE STAFF REPORTS TO DISCUSS SUBSTANTIVE CITY BUSINESS OR DEPARTMENTAL OPERATIONS IS INSUFFICIENT. AS A MATTER OF LAW, THE TEXAS SUPREME COURT AND THE TEXAS ATTORNEY GENERAL REQUIRE THAT MEETING NOTICES GIVE SPECIFIC, DETAILED DESCRIPTIONS OF ANY PUBLIC BUSINESS TO BE CONSIDERED OR DISCUSSED. THIS TOPIC IS CLEARLY A SUBSTANTIVE CITY BUSINESS. IT ALSO CLEARLY DOES NOT FALL UNDER ANY OF THE DELINEATED EXCEPTIONS LISTED IN SECTION 551.0411. YOU SHOULD READ OR REREAD THAT SECTION AND DO RIGHT BY THE CITY. THANK YOU. THANK YOU, MR. VELASQUEZ. NEXT WE HAVE ANGELA VALDESPINO. ANGELA VALDESPINO, DISTRICT THREE. I HAD NO IDEA THAT THERE WAS A I HAD NO IDEA. THERE WAS A SECOND DATA CENTER IN THE WORKS. I HAD READ ABOUT FENCES GOING UP ON FM 106, AND I WONDERED IF THAT WAS THE DATA CENTER I HAD BEEN SPEAKING UP AGAINST. IT'S NOT. WHEN THE CITY POSTED ITS AGENDA LAST THURSDAY, THE WORD FLUID STACK HAD ME CURIOUS. SO COME TO FIND OUT, IT'S ANOTHER COMPANY THAT BUILDS DATA CENTERS. THEN THE CITY POSTED THERE WOULD BE A PRESENTATION PRESENTATION TODAY BY THAT COMPANY. HOW LONG HAS THE CITY OF HARLINGEN, THE MAYOR OF THE COMMISSIONERS, THE MANAGERS, THE STAFF KNOWN ABOUT THIS PROJECT? WHEN WERE YOU INTRODUCED TO FLUID STACK? YOU ALL HAVE KNOWN ABOUT IT A LOT LONGER THAN WE HAVE, AND YET THE CITIZENS OF HARLINGEN ONLY GET 24 HOURS NOTICE. IF NO ONE HAS SIGNED AN NDA. THEN WHY DO YOU STILL REFUSE TO TALK TO THE PUBLIC ABOUT DATA CENTERS INTERESTED IN HARLINGEN? ARE YOU AFRAID OF PEOPLE SPEAKING UP, VOICING THEIR OPINIONS? YOUR SILENCE WILL BE REMEMBERED WHEN IT'S TIME TO VOTE AGAIN. REGARDING THIS PRESENTATION, MY GUESS IS THAT THEY WILL EXPLAIN HOW IT WILL BE SO BENEFICIAL TO THE COUNTY. EVEN IF THEY USE AIR COOLED SYSTEMS, THAT WILL MEAN A LOT OF COMPRESSORS, CONDENSERS AND FANS PUSHING HEAT INTO THE ENVIRONMENT. 24 OVER SEVEN 365. YOU MUST REMEMBER EVERYTHING THAT IS BEING SAID NOW IN THE NEWS AND MEDIA WHERE DATA CENTERS HAVE ALREADY BEEN BUILT, PEOPLE ARE COMPLAINING ABOUT THE NOISE, HOW THEY CAN'T SELL THEIR HOMES, HOW FEW PEOPLE ARE EMPLOYED, HOW THEIR ENERGY AND WATER BILLS HAVE GONE UP ALL OVER THE US. DATA CENTERS ARE NOT EVEN REPORTING HOW MUCH WATER THEY'RE ACTUALLY USING. THEY SUE COUNTIES AND CITIES, AND THESE ARE THE TYPES OF BUSINESSES YOU ALL GET EXCITED ABOUT. WHAT THESE COMPANIES DON'T REALIZE IS THAT PEOPLE LIVE IN SMALL TOWNS AND IN THE COUNTRY FOR A REASON. WE ENJOY THE PEACE AND QUIET. WE ENJOY FARMING AND RANCHING. WE ARE VERY PROTECTIVE OF OUR LAND BECAUSE WE KNOW HOW HARD WE WORKED FOR IT. THEY HAVE NEVER HEARD OF HARLINGEN OR RIO HONDO BEFORE. THEY ONLY KNOW ABOUT US NOW BECAUSE THE LAND IS CHEAP AND IT HAS ACCESS, ACCESS TO NEEDED RESOURCES. THEY IMPOSE THEIR WILL ON PEOPLE NOT SEEKING IT OUT TO THE CITY. WHY ARE YOU TRYING TO PURCHASE ONE LOT ON VAN BUREN? HOW MUCH IS THIS COSTING THE TAXPAYERS? HOW MUCH TAXPAYER MONEY HAVE YOU SPENT TO MATCH PARK GRANTS? QUIT SPENDING PEOPLE'S TAX DOLLARS SO RECKLESSLY. THE CITY SHOULD BE ACTIVELY TRYING TO PURCHASE THE LAND NORTH AND EAST OF THE AIRPORT RIGHT NOW TO MAKE SURE NO DATA CENTERS EVER GET BUILT HERE. WE MUST PROTECT OUR AIRPORT. IS IS THIS COMMISSION TRYING TO DESTROY IT? SOUTHWEST AIRLINES WAS GRACIOUS ENOUGH TO UNDERSTAND LAST YEAR WHEN OUR AIRPORT FLOODED AND WAS CLOSED FOR DAYS. THEY MIGHT NOT BE SO GRACIOUS NEXT TIME, AND NEXT TIME COULD HAPPEN MUCH SOONER. IF YOU APPROVE ANY DATA CENTER TO BE BUILT NEXT TO IT, THIS COMMISSION SHOULD VOTE NO TO ANY STORMWATER AGREEMENT WITH FLUID STACK. THANK YOU, MR. SPEAKER. NEXT, WE HAVE JEFF MAIER. JEFF. MY NAME IS JEFF

[00:55:11]

MAIER. I LIVE IN DISTRICT ONE, AND I'M GOING TO TRY TO KEEP MY PROMISE TO YOU. I TOLD YOU, I'LL TRY TO BE AS RESPECTFUL, AS RESPECTFUL AS POSSIBLE. I'M A FOLLOWER OF JESUS CHRIST FIRST AND FOREMOST. I'M A 20 YEAR RETIRED ARMY COMBAT VET AND I'M A CONSERVATIVE. WHAT DOES THAT MEAN? WHAT DO I WANT TO CONSERVE? I WANT TO CONSERVE WHAT GOVERNMENT'S MAIN JOB IS THAT'S TO PROTECT OUR GOD GIVEN RIGHTS. OKAY? I LOVE MY COUNTRY. I LOVE MY STATE. I'VE SERVED 20 PLUS YEARS IN THE MILITARY AND CIVIL SERVICE AS WELL. I'M NOT REALLY FOND OF MY GOVERNMENT RIGHT NOW. AND THAT'S FROM DC ALL THE WAY DOWN TO THIS ROOM. IT'S VERY DISAPPOINTING WHAT'S GOING ON. YOU'VE HEARD ALL THE COMPLAINTS, AND I THINK THE REASON WE'RE HERE, I'M KIND OF CHANGING UP A LITTLE BIT. THE REASON WE'RE HERE IS BECAUSE NATIONWIDE, GOD HAS BEEN TAKEN OUT OF OUR GOVERNMENT. AND THAT'S ALL BEEN WE'VE BEEN TOLD LIES OUR WHOLE LIFE, RIGHT? YOU GOT YOU GOT TO KEEP GOD OUT OF GOVERNMENT. NO, NO, NO, NO, THAT'S A, THAT'S A LIE FROM THE PIT OF HELL. AND WE ALL KNOW THAT IT WAS TO KEEP THE GOVERNMENT FROM FORMING A NATIONAL RELIGION. GOD BEING TAKEN OUT OF GOVERNMENT IS CAUSING THE MESS THAT WE'RE SEEING NOWADAYS. I DON'T WANT DATA CENTERS. I WANT TO BE PLAIN AND CLEAR AS I CAN BE. I DON'T WANT DATA CENTERS HERE. THE SURVEILLANCE PART OF IT REALLY DOES BOTHER ME. IT CONCERNS ME. AND OF COURSE, THE POWER AND THE WATER, WHICH A LOT OF PEOPLE HAVE TALKED ABOUT.

BUT I DON'T WANT YOU TO THINK THAT I NEED AN ANSWER FROM YOU, BECAUSE THE MORE AND MORE THIS GOES ON, THINGS BECOME MORE CLEAR. LIKE WE'LL JUST STATE IT A SECOND AGO, A SECOND DATA CENTER WE WENT FROM, NOTHING'S REALLY IN THE WORKS TO NOW A SECOND ONE POPPING UP. AND YEAH, WE HEAR THAT. WELL, NOTHING'S REALLY, YOU KNOW, BEEN SET IN STONE. WE SEE EQUIPMENT, WE SEE FENCING. RIGHT. IT REALLY APPEARS TO BE, SINCE WE'RE NOT GETTING TRANSPARENCY, WHICH, BY THE WAY, ISN'T SOMETHING YOU SHOULD DO. IT'S YOUR OBLIGATION AS A SERVANT. I WILL NEVER CALL ANYONE YOU LEADER. YOU'RE NOT A LEADER. YOU'RE SUPPOSED TO BE A SERVANT. OKAY. POINT BLANK, FULL STEAM AHEAD. LET'S GET THEM READY TO GO. AND THEN WHEN THE BOSS UP TOP, WHOEVER THAT IS. I DON'T KNOW IF IT'S IN AUSTIN OR IF IT'S A DC SAYS FLIP THE SWITCH. THEN THEY'RE READY TO GO. THAT'S WHAT IT LOOKS LIKE TO THE CITIZENS. THAT'S WHAT IT LOOKS LIKE TO ME.

I DON'T CLAIM TO BE SMART, BUT THAT'S WHAT IT LOOKS LIKE. I WANT YOU TO TABLE ACTION ITEM TEN F THE CONSIDERATION OF POSSIBLE ACTION TO APPROVE AN ORDINANCE ON SECOND AND FINAL READING. ADOPTING THE WATER AND SEWER RATE ADJUSTMENT NECESSARY TO FUND THE BLAH BLAH, BLAH, BLAH, ALL THAT STUFF THAT'S IN THERE, RIGHT? IT DOESN'T SAY ANYTHING ABOUT AN INCREASE.

WILL YOU POSSIBLY DECREASE? I DOUBT IT. LOOK, I KIND OF DIDN'T GET TO EVERYTHING I WANTED TO SAY BECAUSE THREE MINUTES IS REALLY QUICK. I COULD DO THIS FOR HOURS, HOURS AND HOURS. THE REASON FOR THE ANIMUS IS, AGAIN, THE THE CITIZENS DO NOT FEEL OR SEE ANY TRANSPARENCY. YOU KEEP HEARING THAT. YOU KEEP HEARING THAT. ARE YOU NEGOTIATING ANYTHING FOR THE CITIZENS? IF THESE ARE IN FACT A FINAL THING THAT'S GOING TO HAPPEN, WHAT ARE YOU GETTING FOR THE CITY OF HARLINGEN? ARE YOU GETTING RATES FROZEN ON WATER AND ELECTRICITY, WHICH ARE OUTRAGEOUS ALREADY? WE'RE TYING INTO ALL THESE OTHER CITIES.

I'M NOT YOUR JUDGE. GOD IS. I HOPE WHEN YOU GO TO BED AT NIGHT, YOU THINK ABOUT GOD JUDGING YOU. THANK YOU, MR. MAYOR. NEXT WE HAVE MARICELA ALVARADO. GOOD EVENING, MAYOR AND COMMISSIONERS. MY NAME IS MARICELA ALVARADO, AND I'M A 28 YEAR ARMY VETERAN. AND WHAT I WANT TO TALK TO YOU ABOUT IS, FIRST OF ALL, THANK YOU FOR ALLOWING US CITIZENS TO COME AND SPEAK. YOU CAN ACTUALLY SIGN UP ON THE WEB IF YOU WANT TO SPEAK. EVERYBODY HAS AN OPPORTUNITY TO COME AND SPEAK. SO THANK YOU VERY MUCH. WHAT I DO WANT TO TALK ABOUT IS DATA CENTERS. YES, I'M AGAINST IT. BUT, YOU KNOW, PRESIDENT TRUMP SAID THAT HE LOVES DATA CENTERS.

THAT IS GOOD FOR THE ECONOMY. GOVERNOR ABBOTT STARTED PUSHING FOR DATA CENTERS, SAID THAT TEXAS WAS GOING TO BE THE WORLD LEADING STATE OR LOCATION FOR DATA CENTERS. THEY ARE PUSHING FOR DATA CENTERS. SO LET'S TALK ABOUT DATA CENTERS. I WANT TO TALK ABOUT THE DATA CENTERS AND WHAT THEY ACTUALLY WILL DO TO OUR COMMUNITY. AND I WANT TO TALK ABOUT NOISE. THAT'S THE ONLY THING I WANT TO TALK ABOUT, BECAUSE THE NOISE THAT COMES OUT OF THE DATA CENTERS IS ACTUALLY A HUMMING NOISE. IT LASTS FOR 24 TO 7, I MEAN, 24 HOURS A DAY, SEVEN DAYS A WEEK, AND THE ENTIRE YEAR. AND EVEN THOUGH THE THE DATA CENTERS WANT TO MITIGATE THAT, IT'S VERY DIFFICULT BECAUSE THOSE THAT NOISE, THAT HUMMING NOISE WILL ACTUALLY GO UNDER OR OVER.

IT WOULD JUST TRAVEL. AND WE LIVE IN AN AREA HERE IN THE VALLEY THAT THE WIND BLOWS ALL THE TIME AND IT'S VERY OPEN. AND SO THAT HUMMING NOISE IS ACTUALLY GOING TO BE TRAVELING VERY FAR FOR MILES, AND IT'S GOING TO AFFECT OUR COMMUNITIES, IT'S GOING TO AFFECT OUR SCHOOLS, AND IT'S GOING TO AFFECT OUR PARK NOW AS OPPOSED TO BEFORE THEY WERE ALL PUSHING

[01:00:01]

FOR DATA CENTERS. TRUMP EVEN CONTINUING TO PUSH FOR DATA CENTERS. WE'RE REALIZING THAT 70% OF AMERICANS REALIZE DATA CENTERS ARE NOT GOOD FOR OUR COMMUNITY, BECAUSE THAT HUMMING NOISE IS ACTUALLY CAUSING HIGH BLOOD PRESSURE. IT'S CAUSING HEART ATTACKS. IT'S CAUSING STROKES, HEADACHES, TINNITUS, ALL OF THAT. SO WE NEED TO MAKE SURE WE STOP AND WE LOOK AT WHAT IS THE BENEFIT OF HAVING A DATA CENTER. WE HAVE TO REALIZE THAT DATA CENTERS ARE ACTUALLY HERE TO STAY WHETHER WE LIKE IT OR NOT. I'M NOT SAYING I'M FOR THEM, BUT WE AS A COMMUNITY, YOU AS LEADERS, BECAUSE I DO SEE YOU AS LEADERS, NOT JUST SERVE SERVING OUR COMMUNITY, BUT YOU ARE THE LEADERS. AND YOU NEED TO MAKE SURE THAT BEFORE YOU GO INTO ANY KIND OF NDA BEFORE YOU GO INTO CONTRACT OR AGREEMENT WITH THESE DATA CENTERS THAT YOU LOOK AT EVERYTHING THAT THEY ARE GOING TO BE BRINGING INTO OUR COMMUNITY. AND IF IT'S GOING TO BE A NEGATIVE EFFECT, WE MUST SAY NO. EVERYBODY SAYS, NOT IN MY BACKYARD. IT'S GOING TO GO SOMEWHERE, BUT WE HAVE TO TAKE CARE OF OUR COMMUNITY. WE HAVE TO TAKE CARE OF OUR KIDS. WE HAVE TO TAKE CARE OF OUR ANIMALS BECAUSE THAT NOISE IS GOING TO AFFECT OUR FURRY ANIMALS AS WELL. AND WE HAVE SEEN WHAT IS HAPPENING WITH COMMUNITIES WHO ALREADY HAVE THEIR DESCENDANTS. FOR THE PAST, SINCE 2019, PEOPLE ARE GETTING SICK AND THE DATA CENTERS ARE TELLING THEM, WELL, YOU CAN JUST MOVE AND WE CAN BUY YOUR HOUSE. WELL, NO, THAT'S NOT GOING TO WORK. SO PLEASE, I, I ASK YOU TAKE A LOOK AT WHAT THEY'RE WANTING TO DO AND LIKE YOU'VE ALWAYS DONE, BECAUSE I REALLY DO THINK, LOOK OUT FOR THE PEOPLE BEFORE YOU SIGN A CONTRACT. THANK YOU. THANK YOU, MISS ALVARADO. RON LOZANO. RON LOZANO, DISTRICT THREE IS MISS ALVARADO, I THINK WAS ABOUT TO MENTION TRUMP HAS NOT ALTERED. BUT REGARDLESS OF YOUR PENCHANT FOR JUST BEING SO LIMITED TO THE LITTLE BITTY TOWNS IN THE RIO GRANDE VALLEY, AND YOU THINK IF YOU ASPIRE TO SOMETHING HERE THAT'S ADEQUATE. NO, THERE IS A WORLD OUT THERE AND EVEN PART OF THE UNITED STATES. AND OUR GOVERNOR HAS ACTUALLY SET A MORATORIUM. BUT MAYBE YOU GUYS ARE SELF-SERVING. NONE OF YOU ARE UP FOR ELECTION RIGHT NOW. SO EVERYTHING WE'RE SAYING RIGHT NOW, YOU LOOK AT US WITH DISDAIN. THE HUMMING NOISE WILL NOT HAPPEN UNTIL IT'S NEXT YEAR WHEN THERE'S SOMEBODY GOING TO BE UP FOR ELECTION. THEN YOU'LL START LISTENING. SO. WITHIN THIS DECORUM POLICY, THE CONSENT AGENDA WAS REMOVED IN IN THE SENSE OF ANYTHING CAN HAPPEN. NOW, MY DAD JUST HAPPENED TO BE SITTING WHERE YOU ALL WERE WHEN THE CONSENT AGENDA WAS FIRST INITIATED. IT WAS JUST GOING TO BE FOR ROUTINE AND MINOR ITEMS. NOW MARK IS INJECTED IN THERE THAT ANYTHING CAN HAPPEN. SO. MAYBE THE DECORUM POLICY WAS A RUSE JUST SO YOU ALL CAN CONTINUE TO GRAB POWER ALL THE TIME. A TIME COMES WHEN THIS MISLEADING LIES THAT ARE FOISTED ON RESIDENTS IN THEIR EXUBERANCE AND THEIR WIDESPREAD MISCHIEF, THAT AN EFFORT TO LIST THEM MAY TAKE THREE DAYS RATHER THAN THREE MINUTES. A RECENT EXAMPLE COMES TO MIND TO DO WITH OUR WATERWORKS. WE NEEDED ONLY 12 MINUTES. YOU HEAR. YOU SEE THESE PEOPLE FOR A MOMENT, 12 MINUTES, AND THEY DECIDED TO GIVE THE DATA CENTER FROM IRELAND EIGHT EMPLOYEES, AND THEY'VE BEEN IN EXISTENCE OVER 12 YEARS, BUT THEY HAD A PUBLIC ELECTED OFFICIAL DOING THE LOCAL INTERFERENCE FOR THEM. SO WHETHER THE LETTER WAS WRITTEN THE DAY AFTER, ON THE DAY THAT THIS CONTRACT WAS AUTHORIZED LAST SEPTEMBER, AND NOW WE'RE ALREADY BACK IN SEPTEMBER, THAT WAS AN INFAMOUS MEETING WHERE OUR POTABLE WATER THAT ALL OF US NEED TO DRINK IS SUBJECT TO THE DETERMINATION OF THIS COMPANY FROM IRELAND.

THAT'S ABSURD. YOU SEE THE DROUGHT THAT'S ONGOING RIGHT THIS MINUTE. SO IT'S BETTER TO ADMIT OUR MAYOR IS SEEKING SOLACE FOR HER PASTORAL NEEDS FROM A DIFFERENT FAITH WITH THE NEW PASTOR SHOULD TAKE BABY STEPS WITH HER ON. IS THE VIRTUE OF HONEST STATEMENTS BEFORE ATTEMPTING TO CONVERT TO THE TRUTH OF OUR RISEN SAVIOR. THANK YOU. ALL RIGHT. AND THAT IS ALL WE HAVE FOR CITIZEN COMMUNICATION. WE DID HAVE MISS REGAN. DID YOU GET A. OKAY IF SHE WOULD LIKE TO SPEAK THEN AND GET. JUST LET ME KNOW. ALL RIGHT. NEXT WE'RE GOING TO GO ON TO THE APPROVAL OF MINUTES. OR IS THERE ANY AMENDMENTS TO THE MINUTES AS PRESENTED,

[01:05:06]

COMMISSIONER. IF THERE'S NO AMENDMENTS. OKAY. CAN I GET A MOTION TO APPROVE MOTION? SECOND MOTION BY PEREZ, SECOND BY LOPEZ. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE, AYE.

OPPOSED. MOTION CARRIES UNANIMOUSLY. MOVING ON TO THE CONSENT AGENDA, ITEM SEVEN A THROUGH D, IS THERE ANY ITEMS THAT NEED TO BE REMOVED FROM CONSENT AGENDA A A? MAKE A MOTION TO APPROVE. I APOLOGIZE. GO AHEAD. I'LL MAKE A MOTION TO APPROVE CONSENT AGENDA ITEMS B THROUGH D OKAY. MOTION. OKAY. SECOND MOTION FROM LOPEZ AND A SECOND FROM GOMEZ. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED. MOTION CARRIES UNANIMOUSLY. ITEM SEVEN A CONSIDERATION AND POSSIBLE ACTION TO DONATE 56 PIECES OF OF BUNKER GEAR AND ADDITIONAL PPE TO THE HCISD FIRE ACADEMY. LET THE RECORD REFLECT THAT COMMISSIONER PEREZ HAS ABSTAINED FROM THIS ITEM. CAN I GET A MOTION? MAKE A MOTION TO APPROVE THIS INTERLOCAL OR THIS DONATION? OKAY. MOTION FROM LOPEZ. IS THERE A SECOND, SECOND, SECOND BY GOMEZ? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED. MOTION CARRIES UNANIMOUSLY. I'M ALSO NOW GOING TO JUST TAKE THINGS A LITTLE BIT OUT OF ORDER. DO YOU HAVE ANYTHING TO REPORT? NO. OKAY. ALL RIGHT. I JUST WANT TO TAKE A MOMENT TO JUST THANK EVERYBODY FOR COMING OUT. WE DO APPRECIATE YOU TAKING THE TIME OUT OF YOUR DAY. AND I KNOW THAT THE GREAT DEAL OF YOU ARE HERE BECAUSE YOU WANT TO HEAR MORE INFORMATION REGARDING THE EXECUTIVE SESSION ITEM. AND SO FOR THOSE REASONS, WE ARE GOING TO GO INTO I'M GOING TO ASK TO MOVE AND TO GO INTO EXECUTIVE SESSION ON TWO ITEMS. AND SO THAT WAY WE CAN COME OUT AND ADDRESS ALL OF YOU.

SO THAT WAY YOU DON'T HAVE TO WAIT UNTIL THE END OF THE MEETING IF YOU HAVE SOMEWHERE ELSE TO BE. SO IF YOU COULD JUST BEAR WITH US, WE'RE GOING TO TRY TO BE AS BRIEF AS POSSIBLE. SO THAT WAY WE CAN COME OUT AND THEN WE HOPE TO GIVE YOU ANSWERS TO A LOT OF THE QUESTIONS THAT YOU HAVE. AND SO WE INVITE YOU ALL TO STAY. YOU CAN TAKE A RESTROOM BREAK AND THEN WE'LL, WE'LL BE BACK. SO TO DO THAT, I'M GOING TO ASK THAT WE TAKE ITEMS 12 C PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071 CONSULTATION WITH ATTORNEY REGARDING THE CITY'S ABILITY TO REQUIRE CITY COMMISSION APPROVAL AND PUBLIC NOTICE PRIOR TO AUTHORIZING CONNECTIONS TO DRAINS IN ETJ FOR STORMWATER, WHICH WERE FORMERLY APPROVED ADMINISTRATIVELY AND PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071 CONSULTATION WITH ATTORNEY REGARDING POSSIBLE TERMS AND CONDITIONS OF STORM WATER CONNECTION AGREEMENT. IS THERE A MOTION TO GO INTO EXECUTIVE SESSION? OKAY.

MOTION BY MESMER. IS THERE A SECOND, SECOND, SECOND BY GOMEZ. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE AYE. OPPOSED. MOTION CARRIES. THE TIME IS NOW. 6:18 P.M. WE ARE GOING TO RETIRE FOR EXECUTIVE SESSION, AND WE ARE NOT GOING TO TAKE UP ALL THE ITEMS, JUST THOSE TWO, SO WE CAN GET BACK OUT HERE WITH YOU ALL.

[01:34:37]

BUT THAT'S JUST FOR ME. THE TIME IS NOW 6:45 P.M. AND WE ARE BACK IN OPEN SESSION.

[01:34:47]

AFTER GOING OFF BRIEFLY FOR EXECUTIVE SESSION. WE'LL TAKE UP ITEMS 13 C CONSIDERATION AND

[01:34:57]

POSSIBLE ACTION TO ADOPT A RESOLUTION REQUIRING CITY COMMISSION APPROVAL FOR STORM

[01:35:03]

WATER DRAINAGE CONNECTIONS ORIGINATING OUTSIDE CITY LIMITS TO BE APPROVED BY THE HARLINGEN

[01:35:09]

CITY COMMISSION. MARK, IF YOU COULD GIVE US JUST A BRIEF EXPLANATION OF WHAT THIS ITEM

[01:35:14]

ENTAILS. YES, MAYOR. RIGHT NOW, STORMWATER CONNECTIONS IN THE ETJ, WHICH ARE OUTSIDE THE CITY LIMITS, ARE SIMPLY APPROVED ADMINISTRATIVELY. THEY DON'T COME BEFORE THE CITY COMMISSION WITH THIS RESOLUTION WOULD DO WOULD BE WOULD BE TO REQUIRE THAT IF SOMEBODY WANTS TO CONNECT TO A STORMWATER DRAINAGE CONNECTION OUTSIDE THE CITY LIMITS, AND THAT PROPERTY WOULD BE MORE THAN AN ACRE, MORE THAN A DE MINIMIS, A USE, IT WOULD HAVE TO COME TO THE CITY COMMISSION, AND THE CITY COMMISSION WOULD HAVE TO APPROVE AN AGREEMENT. IF IF THEY WERE TO ALLOW THAT CONNECTION. OKAY. THANK YOU. SO CAN I GET A MOTION ON ITEM 13 C? MAKE A MOTION TO APPROVE MOTION BY LOPEZ. IS THERE A SECOND? SECOND. SECOND BY PEREZ. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. OPPOSED. OPPOSED. MOTION CARRIES. SO FOR THOSE IN THE PUBLIC THAT WERE CURIOUS JUST TO KIND OF GIVE A LITTLE BIT MORE OF AN EXPLANATION. AND CURRENTLY RIGHT NOW, IF THERE IS A REQUEST TO CONNECT TO OUR ANY KIND OF DITCH THAT IS CITY OWNED AND IT'S THERE'S SOMEONE IN THE ETJ THAT WANTS TO CONNECT TO THAT DITCH. JUST PLAINLY SPEAKING, THOSE DECISIONS DON'T COME BEFORE THE CITY COMMISSION. THAT'S KIND OF WHY YOU ALL ARE HERE FOR THE NEXT ITEM, BECAUSE THAT THERE IS THAT REQUEST. AND SO IN THE PAST AND IN MOST MUNICIPALITIES, THAT IS DONE ADMINISTRATIVELY THROUGH OUR ENGINEERING DEPARTMENT. SO THEY GET THE REQUEST. AS LONG AS THEY MEET ALL OF THE REQUIREMENTS, IT GETS APPROVED. AND SO WHAT THIS RESOLUTION DOES IS GIVE THE COMMISSION OVERSIGHT TO SAY, LET'S PUMP THE BRAKES. LET'S LOOK AT THIS REQUEST. AND IT COMES BEFORE THE COMMISSION. IT COMES BEFORE THE COMMUNITY. AND YOU GET TO KIND OF HEAR WHAT'S GOING ON INSTEAD OF IT BEING JUST PASSED ADMINISTRATIVELY. SO JUST LIKE Y'ALL READ STUFF IN THE PAPER AND FOUND OUT THAT'S KIND OF HOW WE READ AND FOUND OUT THAT THIS WAS GOING TO HAPPEN. THIS ISN'T SOMETHING, A REQUEST THAT HAD BEEN BEFORE THE CITY COMMISSION FOR MONTHS OR ANYTHING LIKE THAT. BUT NOW THAT WE HAVE THIS RESOLUTION THAT HAS BEEN ADOPTED BY THIS COMMISSION NOW IN THE FUTURE, SHOULD THAT HAPPEN, IT'S NOT GOING TO BE DONE ADMINISTRATIVELY. IT WILL COME BEFORE THE COMMISSION AND A DECISION WILL BE RECORDED WITH A, WITH A WITH A VOTE OF THE COMMISSION. SO THAT'S WHAT THAT DOES. I DON'T WANT ANYONE TO FEEL LIKE, OH, THERE WAS ALREADY A VOTE. SOMETIMES IT CAN BE A LITTLE CONFUSING, BUT THAT IS WHAT THIS RESOLUTION IS FOR. SO THE COMMISSION NOW, AND THIS ISN'T JUST FOR DATA CENTERS, IT'S ANY KIND OF INDUSTRY THAT IS GOING TO WANT TO CONNECT TO A CITY OWNED DITCH. SO IT'S NOT SPECIFICALLY FOR SPECIFIC INDUSTRY. IF THERE'S A MANUFACTURING PLANT OPENS UP, SAME THING. AND NOW THERE'S A PROCESS MOVING FORWARD WHEN THERE WASN'T A PROCESS BEFORE. SO THAT'S WHAT THIS IS. MAY I YES. YES, SIR. IN OTHER WORDS, BECAUSE I'M A TEACHER, SO I LIKE TO REITERATE THINGS I KNOW, BUT I HAVE MORE YEARS. OKAY. JUST TO REITERATE WHAT, WHAT, WHAT THE MAYOR WAS SAYING AGAIN, THIS I'LL TRY THE BEST I CAN IS THE PUBLIC WANTED TRANSPARENCY. THAT'S WHAT YOU GUYS WANTED. THAT'S WHAT YOU COME TO EXPECT FROM US. AND THIS IS WHAT IT'S WHAT WE'RE DOING. WE'RE GIVING YOU TRANSPARENCY. PRIOR TO THIS, SOMETHING LIKE THE THAT THIS CONNECTION COULD JUST BE COULD JUST BE CONNECTED. AND YOU GUYS WOULDN'T HAVE KNOWN ANYTHING ABOUT IT. AND WE WOULDN'T HAVE KNOWN ANYTHING ABOUT IT BECAUSE IT GETS DONE AT A LOWER LEVEL NOW BECAUSE OF THIS RESOLUTION. NOW, IF ANYBODY WANTS TO CONNECT NOW, IT'S GOING TO COME TO US, IT'S GOING TO COME HERE, IT'S GOING TO BE AT A MEETING.

YOU GUYS WILL BE ABLE TO SEE IT ON YOUTUBE. YOU GUYS WILL BE ABLE TO COME OVER HERE. YOU'LL BE ABLE TO DO PUBLIC COMMENT, ALL THAT. SO IT'S GIVING YOU THE TRANSPARENCY THAT YOU WANT.

THAT IS WHAT THAT LAST RESOLUTION WAS ABOUT. IT'S ABOUT GIVING YOU THE TRANSPARENCY THAT YOU NEED AND THAT YOU EXPECT AND THAT WE WANT TO GIVE TO YOU. THAT'S WHAT THAT'S ABOUT. HIGH SCHOOL TEACHER EXPLANATION, ELEMENTARY SCHOOL TEACHER EXPLANATION, I DON'T KNOW, BUT THAT THAT THAT WAS WHAT THAT ITEM IS. OKAY, SO NOW THAT WE'VE GOT THAT TAKEN CARE OF, WE'LL MOVE ON TO ITEM 13. D CONSIDERATION AND POSSIBLE ACTION TO APPROVE A POSSIBLE STORMWATER DISCHARGE AGREEMENT WITH FLUID STACK AUTHORIZING THE DISCHARGE OF STORMWATER INTO A DRAINAGE DITCH OWNED BY THE CITY OF HARLINGEN AND LOCATED WITHIN THE ETJ. SO NOW YOU'RE GOING TO SEE THE PRESENTATION BY ROBERTO FROM ENGINEERING REGARDING THIS ITEM. AND THE COMMISSION IS GOING TO BE SEEING WITH YOU. SO I'M GOING TO BE SKIPPING STRAIGHT TO THE FLUID STACK PROJECT AND MAKE SURE YOU SPEAK UP. YES, SIR. PLEASE. HELLO

[01:40:01]

EVERYONE. MY NAME IS ROBERTO HERNANDEZ. I AM THE CITY ENGINEER FOR HARLINGEN. TODAY I'LL BE DOING A BRIEF PRESENTATION ON THE PROPOSED DRAINAGE DISCHARGE FOR FLUID STACK. SO RIGHT HERE WE HAVE THE VICINITY MAP. IT'S LOCATED ON THE NORTHEAST CORNER. THE DASH BLUE IS THE EXISTING AIRPORT LATERAL DITCH. WE HAVE THE AREA IN GRADED RED, WHICH IS THE PROJECT SITE, AND IT DISCHARGES EAST TO THE ARROYO. THIS NEXT EXHIBIT HAS THE OVERALL DRAINAGE FACILITY. THE YELLOW LINES ARE THE DITCHES THAT WE HAVE. FOR EXAMPLE, IN THE NORTH SIDE IT IS THE NORTH MAIN DRAIN. SO THE AIRPORT HAS DIFFERENT WAYS OF DRAINING. IT HAS THE NORTH SECTION, THE DRAINS PARTIALLY TO THE NORTH MAIN DRAIN. THE. THERE'S THE OTHER LATERAL CALLED THE AIRPORT LATERAL, AND WE HAVE THE FM 1595 TEXAS. DITCH THE SITE WE'RE DISCUSSING OR THE PROJECT WE'RE DISCUSSING SPECIFICALLY AFFECTS THE AIRPORT LATERAL DITCH. SO RIGHT NOW THIS FARMLAND, EVERYTHING WITHIN ITS VICINITY NATURALLY FLOWS TO THE DITCH. SO UNDER CURRENT EXISTING CONDITIONS, IT ALREADY DRAINS IN THAT DIRECTION. SO THIS SHOWS THE A CLOSER LOOK OF THE PROPERTY. IT'S ABOUT 600 ACRES. AND THE AREA IN BLUE IS THE DITCH ITSELF OR WHAT SURROUNDS THE PROPERTY. THE ON SITE IMPROVEMENTS FOR THE PROPOSED DEVELOPMENT. SO WHAT YOU SEE HERE IN. I THINK IT'S MORE OF MAGENTA IS THE DETENTION PONDS. IT'S APPROXIMATELY OUT OF THE 600 ACRES, 100 ARE BEING DEDICATED SOLELY TO DO DETENTION THAT WOULD MEET OUR CURRENT DRAINAGE DETENTION POLICY REQUIREMENTS, MEANING THAT THEY WOULD HAVE TO AT LEAST DETAIN FOR A 50 YEAR STORM EVENT AND CAN ONLY RELEASE DURING PREEXISTING STORM, PREEXISTING TEN YEAR STORM EVENTS. FOR EXAMPLE, RIGHT NOW, IF IT RAINED UNDER A TEN YEAR STORM EVENT, ABOUT 789 CUBIC FEET PER SECOND WOULD BE GENERATED FOR THIS SITE AND WOULD BE GOING TO THE DITCH AFTER THE PROPOSED DEVELOPMENT, THOSE DETENTION PONDS WOULD BE HOLDING THE WATER, AND THEY'RE PROPOSING TO DISCHARGE AT A RATE OF 175 CUBIC FEET, MEANING IT'S LESS THAN WHAT'S CURRENTLY DRAINING. IN ADDITION TO THIS, THEY'RE REQUIRED TO SUBMIT A SUBMIT A DRAINAGE REPORT STATING THE ANALYSIS, EVERYTHING THAT WILL BE DONE, AND SOMETHING THAT WE'RE BIG ON IS THE NO ADVERSE IMPACT, MEANING THAT NO DEVELOPMENT SHOULD FLOOD PEOPLE UPSTREAM OR DOWNSTREAM. I VERIFIED THE DRAINAGE REPORT. THEY DID INCLUDE THAT ANALYSIS. AND ON THE LOWER RIGHT CORNER YOU HAVE THE WATER SURFACE ELEVATION COMPARISON FOR THE BEFORE AND AFTER. SO WHEN A DEVELOPMENT OCCURS THERE'S GOING TO BE THREE GRADES, RIGHT? SO ALL THOSE 600 ACRES THAT WOULD NATURALLY DRAIN TO THE DITCH WOULD BE REGRADED AND NOW WOULD BE GRADING TO THE DETENTION POND. SO ESSENTIALLY, YOU'RE REMOVING 600 ACRES FROM THE WATERSHED AND NOW CONTROLLING THAT RELEASE RATE. SO THAT IS THE, THE PROPOSED IMPROVEMENTS OR THE RESTRICTION. IN ADDITION TO THAT, I DID DID PROVIDED STANTEC AND IT'S ONE OF THEIR ENGINEERS HERE. I PROVIDED THE MASTER DRAINAGE PLAN, SHOWING WHAT WE HAVE IN OUR MASTER DRAINAGE PLAN. SO WE HAVE IN THE FUTURE TO BE ABLE TO IMPROVE THIS AIRPORT LATERAL DITCH. IF YOU SEE HERE, THERE SHOWS RIGHT OF WAY DEDICATION THAT WOULD BE REQUESTED AS DEVELOPMENTS COME IN TO HAVE AN ULTIMATE CROSS SECTION OF ABOUT 190FT RIGHT AWAY. RIGHT NOW, THE DITCH ITSELF, IT'S ABOUT 65FT WIDE WITH ABOUT 90FT OF RIGHT OF WAY THROUGHOUT THE VICINITY. SO AS PART OF THE DEVELOPMENT, I PROVIDED THIS, AND THIS WOULD BE SOME OF THE IMPROVEMENTS THAT I WOULD REQUIRE AS PART OF THE DEVELOPMENT. THIS IS THE EXHIBIT THEY PROVIDED. AS YOU COULD SEE, THE AREA, IT'S IN BLUE. IT'S WHAT THEY'VE SURVEYED AND ARE PROPOSING TO ALSO IMPROVE. THOSE ARE THE OFF-SITE IMPROVEMENTS IN ADDITION TO ON SITE. THEY'RE COMPLIANT. THEY'RE DOING OFF-SITE IMPROVEMENTS. SO THAT WOULD INCLUDE WIDENING THE DITCH, THE EXISTING CAPACITY OF THE DITCH. IT'S APPROXIMATELY 1344 CUBIC FEET PER SECOND. AFTER IT'S WIDENED, IT WOULD BE ABLE TO HANDLE UP TO 4250 CUBIC FEET PER SECOND. SO IT'S TRIPLING, ALMOST TRIPLING THE CAPACITY HERE. THIS COST WILL BE DONE BY THE DEVELOPER. THE IMPROVEMENTS. IN ADDITION TO THAT, YOU DO HAVE FM 106 AND FM 509, WHICH CURRENTLY HAVE A RESTRICTED FLOW. NOT ALL THAT WATER COULD GO AT THE SAME TIME.

SO THEY'RE PROPOSING TO UPGRADE THAT SECTION TO FROM 310 BY TEN BOXES TO 510 BY TEN BOXES TO ESSENTIALLY LEVEL OUT THE WATER AND ENSURE THE WATER MOVES TO THE ARROYO COLORADO FASTER. AT THIS MOMENT, ENGINEERING DEPARTMENT RECOMMENDATION IS TO APPROVE THE DISCHARGE OUTFALL,

[01:45:03]

SUBJECT TO THE COMPLETION OF ALL ONSITE AND OFFSITE DRAINAGE IMPROVEMENTS IDENTIFIED IN THE DRAINAGE REPORT AND SUPPORTING PLANS PREPARED BY THE STANTEC CONSULTING SERVICES. SO. BASED ON YOUR. THIS IS A. YOU'RE GIVING A RECOMMENDATION HERE. HAD THE RESOLUTION NOT PASSED OR. YEAH. SO IF THE RESOLUTION HAD NOT PASSED AND IT WOULD HAVE REVERTED BACK TO YOUR DEPARTMENT, THEN IT WOULD HAVE BEEN APPROVED ADMINISTRATIVELY. CORRECT. AS LONG AS IT COMPLIED WITH THE ENGINEERING REQUIREMENTS OR DRAINAGE POLICIES. OKAY. I'VE GOT SOME QUESTIONS, BUT I'M GOING TO OPEN IT UP TO THE COMMISSION FIRST. COMMISSIONER, I'M STILL PONDERING. DO YOU MIND IF WE WAIT A LITTLE BIT, LOPEZ? NO QUESTIONS. YEAH. QUESTION. SO IT'S FARMLAND RIGHT NOW? YES, SIR. AND THE FARMLAND DISCHARGES INTO THIS DRAINAGE CANAL, CORRECT? YES, SIR. AND THIS PROPOSED PROJECT WILL DISCHARGE INTO THE DRAINAGE CANAL, CORRECT? YES, SIR. BUT THIS PROPOSED PROJECT, YOU SAID 100 ACRES. 600 ACRES? NO, NO.

BUT OF DETENTION, DETENTION PONDS, 100 ACRES. OKAY. THEY'RE GOING TO DIG 100 ACRES FOR DETENTION, PONDS TO HOLD RAINWATER FOR ON SITE IMPROVEMENTS. YES. IN ADDITION TO THE OFF SITE. OKAY. AND THEY'RE NOT GOING TO DISCHARGE ANY WATER FROM THEIR FACILITIES, EVER, INTO THE DRAINAGE CANAL. CORRECT. ONLY STORMWATER OR RUNOFF WOULD BE ALLOWED EFFLUENT OR ANY OTHER THINGS WOULDN'T. OKAY. SO. THE LAND DRAINS INTO THE CANAL, THE LAND WOULD DRAIN INTO THE CANAL. YES, SIR. OKAY. SO CAN YOU. THOSE ARE GOOD QUESTIONS, BUT I COULD SEE THE THE AUDIENCE KIND OF LIKE, WHAT ARE YOU TALKING ABOUT ON SITE? OFF SITE? CAN YOU ELABORATE A LITTLE BIT? YES. SO IF YOU'RE DOING A DEVELOPMENT WITHIN CITY LIMITS, YOU WOULD BE REQUIRED TO DO ON SITE IMPROVEMENTS, MEANING YOUR DETENTION PONDS OR ANY MITIGATION WITHIN YOUR PROPERTY BEFORE THAT WATER GOES TO THE EXISTING CHANNEL. SO THAT WOULD BE THE ON SITE IMPROVEMENTS. AND AS PART OF THIS DEVELOPMENT, THEY'RE DOING 100 ACRES OF DETENTION TO HOLD ALL THAT RUNOFF, AND THEY'RE EXCEEDING OUR REQUIREMENT, OUR MINIMUM DETENTION REQUIREMENTS, SO THEY COULD HAVE MORE DETENTION FOR THEIR PROPERTY. THAT IS THE ON SITE IMPROVEMENTS, THE OFF SITE IMPROVEMENTS, MEANING OUTSIDE OF THEIR PROPERTY, WITHIN THE DITCH RIGHT OF WAY OWNED BY THE CITY WOULD BE THE DITCH WINDING IMPROVEMENTS, THE CULVERT CROSSINGS THAT GO FROM THE AIRPORT TO THE ARROYO, COLORADO. CAN YOU TAKE THOSE STEP BY STEP AND FIRST, WITH THE DITCH WIDENING, WHAT? HOW MUCH WOULD THAT BE? YES. SO THE ESTIMATED FOR CUBIC YARDS COST OR WHAT EXACTLY WHAT THE COMMUNITY WANTS IS WHAT IS THE DITCH SIZE NOW AND HOW AND WHAT HOW MUCH BIGGER IS IT GOING TO BE? IS IT GOING TO BE TWICE THE SIZE A LITTLE BIT? IS IT JUST SO RIGHT NOW THE DITCH HAS ABOUT 90FT OF RIGHT OF WAY. THAT'S HOW MUCH SPACE, GIVE OR TAKE WE HAVE OF OWNERSHIP. AND IF YOU MEASURE FROM EDGE TO EDGE, IT'S ABOUT 65FT. THAT PROVIDES A STORMWATER CAPACITY OF A STORM EVENT OCCURRED RIGHT NOW. IT WOULD BE ABLE TO PUSH ABOUT 1700 CUBIC FEET. IT WAS ON THE OTHER SIDE. IT WOULD HAVE A CAPACITY OF 1344 CUBIC FEET. THAT'S HOW MUCH WATER THE DITCH CAN MOVE. AS OF NOW, THE PROPOSED SITE IMPROVEMENTS THAT ARE COMING IN FROM THE MASTER DRAINAGE PLAN, IT WASN'T JUST WIDEN IT TO AS MUCH AS YOU CAN, THOUGH. IT'S COMING FROM THE RECOMMENDATION FROM THE FLOOD PREVENTION PLAN. THIS IS THE EXHIBIT PREPARED BY CIVIL SYSTEMS ENGINEERING. I PROVIDE OVER TO THE FLUID STACK DEVELOPMENT. AND THIS WAS WHAT THEY SUBMITTED BACK. SO THAT WOULD INCLUDE THE WINDING UP TO 150 180 WIDE DITCH. THE NEW CAPACITY WOULD BE 4250 CUBIC FEET. SO AS YOU COULD SEE, THERE WOULD BE ABLE TO HOLD MORE WATER EVEN IF, LET'S SAY IT'S BACK FLOWING, IT CAN SO MUCH WATER CAN GO THROUGH THOSE BOXES. ALL THAT ADDITIONAL DETENTION WOULD BE HELD WITHIN THE SYSTEM, VERY SIMILAR TO WHAT WE DID FOR THE SPANISH SECLUDED ACRES, FOR THE DITCH WIDENING IMPROVEMENTS WE'VE BEEN DOING ALL THROUGHOUT THE CITY. IT ADDS CAPACITY WITHIN THE EXISTING DITCH. THE ONE BENEFIT IS THAT IT WOULDN'T BE DONE WITH OUR CITY CREWS. IT WOULD BE DONE BY THE DEVELOPER AS PART OF THEIR PROJECT. AND HOW IS IT THAT IT'S GOING TO BE RELEASING WATER SLOWER THAN. CAN YOU EXPLAIN THAT? SO ON THIS EXHIBIT, EVERYTHING IS DRAINING NORTH, RIGHT? THE TWO HIGHLIGHTED SECTIONS HERE ARE

[01:50:05]

THE PIPES. THEY'RE GOING TO BE CONTROLLED WITH A PIPE THAT IS AT A LOWER ELEVATION THAN THE TOP OF FIRM. SO ONLY CERTAIN AMOUNT OF WATER CAN BE GOING OUT. AND THAT IS THE 175 CUBIC FEET PER SECOND. SO NO MORE THAN THAT, EVEN IF IT'S A MERGE, WOULD BE ALLOWED TO BE RELEASED INTO THE SYSTEM. AND TYPICALLY FOR OUR ANY PROJECT, WHETHER IT'S A SUBDIVISION, WE WOULD CAP THEM AT THE PRE EXISTING TEN YEAR STORM EVENT. SO PRE EXISTING BEFORE THERE'S ANY MANMADE IMPROVEMENTS. IT'S FARMLAND, THIS SITE, THIS 600 ACRES WOULD GENERATE 789 CUBIC FEET PER SECOND. THAT WOULD BE THE MAXIMUM THAT COULD BE INTRODUCED TO THE SYSTEM. WHY? BECAUSE THAT'S HOW MUCH WATER IS ALREADY GOING INTO IT. THAT WAY IT DOESN'T AFFECT, AGAIN, THE SITE OR THE SYSTEM AS A WHOLE. OKAY, SO THAT'S THE FIRST OFF SITE IMPROVEMENT.

NEXT ONE. SO THOSE WERE THE ON SITE IMPROVEMENTS. THE OFF SITE IS THE DITCH WIDENING AGAIN FROM THE AIRPORT TO THE ARROYO, COLORADO, ALONG WITH THE CULVERT CROSSING UPGRADES. WHAT IS THE DISTANCE THAT THEY'RE GOING TO IMPROVE? THIS IS APPROXIMATELY THREE AND A HALF MILES. AND ALL OF THAT WOULD HAVE THE SIMILAR CROSS SECTION FROM EXISTING 60 FOOT WIDE TO ABOUT 180FT WIDE. OKAY, I HAVE SOME QUESTIONS, BUT I KIND OF JUST IT HERE. WHAT ELSE DO YOU HAVE QUESTIONS? YES. THANK YOU. YOU SAID IT'S A 50 YEAR FOR A 50 YEAR STORM. THAT WOULD BE THE ANALYSIS WE WOULD LOOK AT. YES, SIR. BECAUSE I WAS UNDER THE IMPRESSION IT WOULD BE 100.

THAT'S WHAT I HEARD THIS MORNING. IT DEPENDS A LOT MORE THAN THAT. BUT WHEN I'M LOOKING AT THE ANALYSIS BETWEEN HOW MUCH WATER IS GOING TO BE RELEASED PRE EXISTING AND PROPOSED, THAT IS WHAT SETS THE LIMIT FOR DETENTION PURPOSES THERE. THEY COULD DETAIN ALMOST FOR A 500 YEAR STORM EVENT. THEY COULD BE THEIR OWN ISLAND AND STILL BE OKAY. IN TERMS OF IF A MARCH EVENT CAME IN, THEY WOULD BE THEY WOULD HAVE ENOUGH DETENTION ON SITE TO COVER ALL OF THAT BEFORE IT TOUCHES THE DITCH SYSTEM. I UNDERSTAND THIS DITCH, ACCORDING TO WHAT I HEAR, BELONGS TO THE CITY. YES, I DISAGREE, OKAY, IT SHOULD BE. WE NEED TO VERIFY. WE WENT THROUGH ENOUGH MATERIAL HAVING A GOOD OLD TARGET ON OUR BACK BY THE FAA FOR STUFF THAT WE DID BECAUSE WE LACKED ACCOUNTABILITY. I DO NOT WANT THAT TO HAPPEN AGAIN. AND THAT'S WHAT PEOPLE DON'T SEEM TO UNDERSTAND. I'M REFERRING TO THE ONES UP HERE. SO THAT IS MY BIGGEST GRIPE FOR RIGHT NOW. WE CAN TAKE CARE OF THAT. THEN WE GO TO THE NEXT BARRIER, THE NEXT OBSTACLE, AND THAT'S WHY I WILL VOTE AGAINST THIS ONE. OKAY. THE SURVEYOR, MAY I ASK THE REGISTERED SURVEYOR THAT PROVIDE INFORMATION? THE REGISTERED SURVEYOR THAT'S DOING A LOT OF THE SURVEY HERE DID PROVIDE ALL THE CONVEYANCE EASEMENTS FROM 1941 ALL THE WAY TO NOW. THIS USED TO BE MILITARY BASE, RIGHT. AND THEN IT WAS TRANSFERRED OVER. SO HE PROVIDED THE RECORDS BASICALLY SHOWING HOW IT TRANSFERRED OWNERSHIP FROM BEING MILITARY TO THE CITY. RIGHT NOW, IT DRAINS FARMLAND. SO IT HAS I THINK THE COMMON WAS IF IT WAS OWNED BY FFA OR SOMETHING LIKE THAT. NO, IT IS OWNED BY THE CITY, IT'S MAINTAINED BY THE CITY. AND ANY IMPROVEMENTS WOULD BE ON US TO EITHER THIS WE WERE GOING TO IMPROVE THIS SYSTEM EVENTUALLY JUST BECAUSE WE WERE TRYING TO WIDEN THE DITCH, BUT THAT WOULD BE ON A FUTURE IMPROVEMENT. WHO PAID FOR THAT IMPROVEMENT? IF I'M I'M UNDER UNDER I AM UNDER THE IMPRESSION IT'S THE FAA AND AIRPORT FUNDING, WHICH MEANS IT'S FEDERALLY FUNDED. NOW, WE WANT TO KEEP ON TRYING TO SAY WE OWN IT AND WE'RE GOING TO DO THAT. GO FOR IT. OKAY. I ALREADY SAID MY PIECE. IT'S ON YOU. IT'S ON THE SURVEYORS. GOT IT. ENOUGH SAID. ALL RIGHT.

[Item 8 - Staff Reports and Other Discussion Items]

THANK YOU, MR. MORALES. AND SO IT'S MY UNDERSTANDING IT IS OWNED BY THE CITY OF HARLINGEN,

[Item 9 - Public Hearing ]

AND IT'S OWNED BY THE CITY OF HARLINGEN. THAT'S CORRECT. OKAY. DO YOU HAVE ANY QUESTIONS FOR ROBERT? NO, NO. OKAY. I DO HAVE A COUPLE OF JUST SOME FOLLOW UP QUESTIONS. SO IN MARCH OF 2025, RIGHT THERE WAS WE GOT HIT WITH 20 TO 24IN OF RAIN. EVERYBODY THAT'S HERE THAT LIVES HERE

[01:55:02]

KNOWS HOW DEVASTATING THAT WAS FOR NOT JUST THE AIRPORT, BUT EVERYBODY THAT LIVES IN THE CITY OF HARLINGEN. YES, MA'AM. AND SO IF THOSE SAY THIS, ALL OF THIS WAS ALREADY IN PLACE, CAN YOU EXPLAIN TO THE BEST OF YOUR ABILITY WHAT YOU WOULD, WHAT YOU PREDICT, WHAT WOULD HAVE HAPPENED HAD THAT BEEN THE SITUATION? JUST SO THAT I CAN HAVE AN UNDERSTANDING? SO THE ANALYSIS, THE RECOMMENDATION THAT CAME FROM CSC WAS MODELED. CSC IS I JUST WANTED FOR CLARIFICATION, CSC IS SOMEONE, NOT SOMEONE, BUT THAT THEY HAD ALREADY BEEN ENGAGED PRIOR TO ME GETTING HERE ONTO THE COMMISSION OR ANY OF US TO DO THE STUDY. IT WAS THE 20 RIGHT BEFORE WE CAME ON BOARD. WE GOT THIS MONIES TO DO A MAJOR DRAINAGE REPORT AND FOUND OUT THAT IT WOULD COST US $1 BILLION TO TO BE ABLE TO DO ALL OF THE IMPROVEMENTS TO OUR REGION AREA, MEANING THE DIFFERENT IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, HARLINGEN, SAN BENITO AREA, ALL OF THAT. THAT WAS JUST FOR THE CITY OF HARLINGEN. INSIDE OUR CITY LIMITS, THE 1.4 BILLION, 5 BILLION. RIGHT. BUT WE ALSO LOOKED AT, I MEAN, WHEN, WHEN, AND I THINK SOMEONE SAID HERE, WELL, NORMA SAYS BOUNDARIES. WELL, THE TRUTH IS THE BOUNDARY DOESN'T MATTER. BECAUSE IF IT IF IT FLOODS IN MCALLEN, GUESS WHAT? THAT WATER IS GOING TO COME DOWN HERE AND IT'S GOING TO COME TO US AT SOME POINT. SO WE NEED TO LOOK AT SO SO THAT WHEN YOU'RE TALKING ABOUT THE IMPROVEMENTS, IT'S NOT FROM SOME CONSULTANT THAT YOU JUST

[Item 10a - Consideration and possible action to approve an ordinance on second and final reading for the voluntary annexation and establishment of initial zoning as General Retail ("GR") District upon annexation for 3.597 acre tract of land, more or less, out of a called 36.66 acre tract of land, and a called 2.198 acre tract situated in Block 2, Harlingen Land and Water Company Subdivision "C", located on the south-west corner of Wilson Road and Chester Park Road. Applicant: Wilson Chester Retail Partners, Ltd.]

MET LAST WEEK OR FROM FLUID STOCK OR THIS IS WHAT WAS ADOPTED BY THIS ENTIRE COMMISSION. IS THAT CORRECT? CORRECT. OKAY. SO THE MASTER DRAINAGE PLAN HAS BEEN TURNED OVER TO THE TEXAS WATER DEVELOPMENT BOARD FOR EVERYONE IN THE AUDIENCE. IF WE COULD JUST LIKE NO TALKING SO THAT EVERYBODY CAN HEAR IT. I KNOW THAT IT'S VERY IMPORTANT TO EVERYONE, SO I JUST ASK EVERYBODY TO KEEP YOUR COMMENTS IF YOU'D LIKE TO SPEAK. IF YOU COULD JUST TAKE A STEP OUTSIDE AND WE CAN SPEAK OUTSIDE, GO AHEAD. WE'LL BE ABLE TO ASK QUESTIONS. YOU CAN IF YOU LIKE, IF YOU'RE OUT OF ORDER, SIR. BUT IF YOU WANT TO STEP OUTSIDE, YOU CAN GO AHEAD. THE MASTER DRAINAGE PLAN THAT WAS DONE BY THE CITY OF HARLINGEN IS CURRENTLY UNDER FINAL ACCEPTANCE BY THE TEXAS WATER DEVELOPMENT BOARD. THIS WAS THIS HAS BEEN IN THE YEARS OF THE MAKING WITH CIVIL SYSTEMS ENGINEERING. THAT WAS THE CONSULTANT THAT WAS GRANTED THAT AWARD. YOU'RE RIGHT. IT DID LOOK NOT ONLY IN HARLINGEN, BUT ALSO THE SAN BENITO AREA, THE NEW COMBS. AND IT IT WAS A BIG AREA. AND OUT OF THAT MASTER DRAINAGE PLAN, IT CAME UP WITH RECOMMENDATIONS. I BELIEVE IT WAS 40 PROJECTS, MAJOR PROJECTS THAT WOULD MITIGATE FLOODING AS A WHOLE. THIS IS THE AIRPORT OUTFALL IMPROVEMENT AND THAT WAS THE RECOMMENDATION. IF YOU SEE HERE, IT WAS RECOMMENDING FOR RIGHT OF WAY TO BE WIDENED THAT WAY IN CASE ANOTHER STORM EVENT OCCURS, WATERS WOULD BE MOVING MORE EFFICIENTLY OUT TO THE ARROYO COLORADO. AND THEN NOT ONLY THAT, WITHIN THE DITCH SYSTEM, YOU'RE IMPROVING YOUR DITCH CAPACITY. THAT WOULD ESSENTIALLY LOWER THE WATER SURFACE ELEVATION AT THAT STORM EVENT OCCURRED, AND THE IMPROVEMENTS HAD ALREADY BEEN THERE. IT WOULD HAVE BEEN BELOW A MAJOR DISASTER COMPONENT THAT THAT'S HOW THE RECOMMENDATION CAME IN PLACE. SO THERE WAS A PLAN FOR THE WIDENING, WIDENING OF THE DITCH THAT WAS

[Item 10b - Consideration and possible action to approve an ordinance on first reading to authorize the closing, vacating, abandonment, and conveyance of a 0.129 of an acre (approximately 5,612 square foot) tract out of a 20-foot alley, of the Benoist Addition, and being a portion of the north 10.00 feet of Lot 7-12, located between 901 W. Harrison Avenue and 914 W. Tyler Avenue, and to authorize the City Manager to execute all documents for the conveyance and release of alley right-of-way to Frost National Bank. Applicant: Frost National Bank, c/o Ross Wood]

IDENTIFIED. YES, MA'AM. SO BUT WHAT ABOUT IF I'M THINKING LIKE, I'M NOT AN ENGINEER, I'M JUST A REGULAR PERSON. ONCE YOU PUT YOU KNOW, RIGHT NOW IT'S IT'S FARMLAND, RIGHT? AND NOW THE GROUND IS PERMEATED AND YOU'VE GOT CONCRETE AND YOU'VE GOT A CAMPUS ON THERE. WOULDN'T THAT IMPACT. LIKE HOW DOES THAT HOW DOES HOW DOES HOW DOES THAT FACTOR INTO YOUR ANALYSIS? SO THAT'S VERY IMPORTANT. SO THAT IS PART OF THE DRAINAGE ANALYSIS THAT A LICENSED ENGINEER HAS TO PROVIDE. THEY PROVIDE IT TO THE ENGINEERING DEPARTMENT AND WE REVIEW IT. I MEAN THERE COULD BE MISTAKES IN TERMS OF WHAT THE PURPOSE OF OR WHAT THEY'RE BASING THEIR ANALYSIS. SO THEY SUBMIT A JOINT REPORT, I REVIEW IT, PROVIDE COMMENTS, THEY'LL REPLACE IT. THAT FINAL ACCEPTANCE OR CONCURRENCE IS NOT PROVIDED UNTIL ALL COMMENTS HAVE BEEN ADDRESSED. AND THAT HAPPENS FOR ANY PROJECT RIGHT NOW WITHIN CITY LIMITS. RIGHT.

THAT'S WHY A LOT OF THE TIMES, A SUBDIVISION IS NOT BROUGHT UP TO YOU GUYS UNTIL THEY GET ALL THE DEPARTMENT'S APPROVALS. AS FAR AS THAT IMPACT, RIGHT? WHENEVER YOU HAVE A DEVELOPMENT, OUR POLICY IS THAT YOU NEED TO DETAIN YOUR WATER WITHIN YOUR SITE AND THEN ONLY DISCHARGE PREEXISTING CONDITIONS. THAT IS WHERE THE TEN YEAR PREEXISTING CONDITIONS FLOW RATE IS COMING

[02:00:01]

IN. AND ON THIS DEVELOPMENT, THAT WAS THE 789 CUBIC FEET. THAT IS THEIR LIMITER. THEY CANNOT RELEASE MORE THAN THAT, BECAUSE AT THAT POINT THEY WOULD BE PUTTING MORE WATER

[Item 10c - Consideration and possible action to approve an ordinance on first reading for a request to amend the previously approved Special Use Permit (SUP) to allow a Community Residential Facility in a General Retail ("GR") District located on a property bearing a legal description of 6.546 acres, more or less, being a portion of a 13.674-acre tract of land out of Block 55, David and Stephenson Subdivision, located on the north-east corner of Breedlove Street and West Loop 499. Applicant: Elisa Vasquez c/o Terry Crocker (Tropical Texas Behavioral Health)]

INTO THE SYSTEM DURING AN EXISTING. BECAUSE, YES, WHEN YOU ADD CONCRETE, THERE'S GOING TO BE MORE RUNOFF THAT GETS GENERATED, BUT THAT'S WHERE THE MITIGATION IMPROVEMENTS COME IN ALL THAT EXTRA RUNOFF, YOU NEED TO HOLD IT IN DETENTION PONDS OR UNDERGROUND BEFORE IT GOES TO THE SYSTEM. THE WHOLE POINT OF HAVING AN OUTFALL CONNECTION TO A DITCH IS SO THAT IT'S NOT RETENTION. THE MAIN DIFFERENCE BETWEEN DETENTION AND RETENTION IS, IS THE WATER JUST GOING TO EVAPORATE OR GO UNDERGROUND, OR IT'S GOING TO BE ABLE TO GO TO A DITCH AND ULTIMATELY TO LAGUNA MADRE. THIS ALL GOES TO THE GULF, RIGHT? SO THE WHOLE POINT OF WHAT THEY'RE TRYING TO DO HERE IS BE ABLE TO EVENTUALLY DRAIN THE WATERS INTO THE ARROYO COLORADO, INTO THE GULF. WHAT ABOUT THE CONCERNS OF THE COMMUNITY IN TERMS OF HOW DO YOU HOW DO YOU KNOW THAT THIS IS JUST STORMWATER AND IT'S NOT WATER LIKE THAT IS BEING DRAINED? AND HOW ARE THEY GOING TO DRAIN THE EFFLUENT AND ALL THE OTHER POLLUTANTS AND THINGS LIKE THAT? YES. SO BEFORE THEY GET AND ONE THING I WANT TO MAKE SURE THEY'RE NOT COMING INTO US FOR A PERMIT. THE PERMITTING IS HAPPENING WITH THE COUNTY. THEY'RE THE ONES THAT HAVE THE

[Item 10d - Consideration and possible action to approve an ordinance on first reading to add a fee schedule for Fire Prevention services to the existing ordinance for the buildings department permit and inspection fee schedules.]

AUTHORITY TO REGULATE BUILDING PERMITS OR REGULATIONS. RIGHT. SO THAT APPROVAL STILL HAS TO GO TO THE COUNTY. THEY'RE THEY'RE GOING TO DO THE VERIFICATION IN TERMS OF THEIR WATER AND SEWER DISCHARGE POINTS. THEY WOULDN'T BE ABLE TO GET A, LET'S SAY, CONSTRUCTION PERMIT WITHOUT THAT IN PLACE. AS OF NOW, IT WOULD BE THE SITE GRADING, THE EXCAVATION THAT WOULD BE OCCURRING. THEY STILL HAVE TO DO THE NEXT STEPS AS FAR AS OBTAINING A BUILDING PERMIT, BUT WE, THE ENGINEERING DEPARTMENT OR THE CITY, WE ONLY REGULATE OUR STREETS AND OUR DRAINAGE. THIS STREET WHERE THEY'RE GETTING THEIR ACCESS IS OFF SITE RIGHT AWAY. THEY'VE ALREADY BEEN COORDINATING IN TERMS OF ACCESS, SO I WOULDN'T BE INVOLVED IN TERMS OF STREET IMPROVEMENTS. I'M ONLY BEING INVOLVED IN TERMS OF THE DRAINAGE IMPROVEMENTS BECAUSE IT'S A CITY DITCH. THEY DON'T THEY WOULDN'T HAVE TO COMPLY WITH TYPICALLY IF IT WAS IN THE COUNTY AND IT'S NOT COMING TO ME, THEY WOULDN'T BE RESPONSIBLE TO DOING, LET'S SAY, THE 50 YEAR DETENTION ON SITE IMPROVEMENTS. THEY WOULD JUST

[Item 10e - Consideration and possible action to approve an ordinance on first reading amending the City of Harlingen's budget for Fiscal Year 2026]

HAVE TO FOLLOW THE COUNTY REQUIREMENTS. AND THAT'S IT. NOW, ARE THOSE WHAT ARE THOSE REQUIREMENTS? DO YOU KNOW? I DON'T KNOW FROM THE TOP OF MY HEAD, BUT I DO KNOW IN TERMS OF LOCAL GOVERNMENT, I DO SEE OURS IS ONE OF THE MOST MODERN IN TERMS OF THE CONVEYANCE REQUIREMENTS, THE DETENTION REQUIREMENTS AND THE MITIGATION IMPROVEMENTS. ONE BIG THING THAT WE HAVE IS THAT NO ADVERSE IMPACT. WE WANT TO MAKE SURE THAT ANY DEVELOPMENT THAT OCCURS, WHETHER IT'S THIS COMMERCIAL OR RESIDENTIAL, WILL NOT RELEASE MORE WATER INTO THE

[Item 10f - Consideration and possible action to approve an ordinance on second and final reading adopting the water and sewer rate adjustments necessary to fund forecasted operating expenses, capital assets costs, and Harlingen Waterworks System capital improvements supported by Texas Water Development Board funding.]

SYSTEM AND FLOOD, FLOOD THE DOWNSTREAM OR UPSTREAM HOLDERS. AND LIKE I SAID, THAT DRAINAGE REPORT REQUIREMENT WAS INCLUDED. THAT ANALYSIS BY MODELS WAS PRESENTED AND ALL THAT WAS PREPARED BY THEIR LICENSED ENGINEER. WHAT DO YOU KNOW WHAT THE TOTAL ACREAGE IS FOR THE DEVELOPMENT? APPROXIMATELY 600 ACRES, 601 HUNDRED OF THOSE WOULD BE DETENTION. YES, MA'AM.

OKAY. SO IT'S 600 INCLUSIVE OF THE 100 OR 600 AS A WHOLE. SO SO 500, 100 FOR. OKAY. ALL RIGHT. DOES ANY. I'M SORRY. I WON'T COME BACK TO YOU. I DO, YES I DO ROBERTO. THE DITCH STANDS OR STARTS AT THE AIRPORT, AM I CORRECT? THERE'S A SMALLER SEGMENT. I'M SHOWING THE EXHIBIT RIGHT HERE THAT DISCHARGES SOME OF THE RESIDENTIAL AREAS WEST OF THE CITY, WEST OF THE AIRPORT. SHOW ME WHERE THE AIRPORT'S AT OR SHOW US ALL WHERE THE AIRPORT

[Item 10g - Consideration and possible action to approve an ordinance on first reading amending Chapter 2 of the Code of Ordinances by adding Article IX. "Coordination of meetings of the City Boards and Corporations." requiring the Harlingen Airport Board, the Utility Board of Trustees of the Harlingen Waterworks System, The Harlingen Economic Development Corporation, and the Harlingen Community Improvement Board to adopt annual regular meetings schedules that do not conflict with meeting of the City Commission or with one another.]

IS. RIGHT HERE. OKAY, THIS IS THE AIRPORT, BUT THE MAIN DITCH OUTFALL STARTS ON THIS CORNER FROM THIS CORNER ABOVE THE HARLINGEN AIR. AEROTROPOLIS. CALL OUT. THAT'S WHERE THE MAIN DITCH STARTS. THAT'S WHERE IF THE CITY WAS GOING TO DO THE IMPROVEMENTS, WE WOULD START HERE AND TAKE IT ALL THE WAY TO THE ARROYO COLORADO, WHICH IS WHAT THE SURVEYOR COLLECTED AND PROVIDED OVER TO US. OKAY, SO YOU JUST MENTIONED, AND CORRECT ME IF I'M WRONG, THAT THERE IS A SO A TOTAL AMOUNT OF CAPACITY THAT COULD GO INTO THAT DITCH. YES, MA'AM. SO WOULD THIS FACILITY BE TOLD NOT TO FLOW OUT IF WE'RE A CAPACITY DURING A STORM? I'M SORRY, I DIDN'T UNDERSTAND YOUR QUESTION. WOULD THIS FACILITY BE TOLD NOT TO FLOW OUT IF WE'RE A CAPACITY DURING A STORM LIKE WE WERE IN MARCH OF LAST YEAR, IF THEY HAVE AN OUTFALL. YES. SO THE

[02:05:06]

OUTFALL, THE THE ONE WE WOULD BE REVIEWING AND APPROVING WOULD LIMIT ITS FLOWS TO ONLY A TEN YEAR STORM EVENT, MEANING THAT EVEN IF A MARCH EVENT CAME IN, ALL THAT EXTRA RUNOFF WOULD STILL BE WITHIN THEIR SITE BEFORE IT TOUCHES THE DITCH. ONLY PREEXISTING VOLUMES WOULD BE GOING IN. SO THEY WOULD HAVE NO OUTPUT. THEY WOULD HAVE ONLY THE PREEXISTING OUTPUT OF ABOUT 175 CUBIC FEET. I HOPE THAT ANSWERS YOUR QUESTION. IT DOES. BUT THEY WOULD STILL HAVE AN OUTPUT IF IF THE OUTFALL DISCHARGE IS APPROVED RIGHT NOW, IF IT RAINS, IF THERE'S IF THERE'S NO DEVELOPMENT, LIKE I SAID, IT ALREADY NATURALLY FLOWS TO THE DITCH. THOSE 600 ACRES ALREADY DRAINED IN THAT DIRECTION. ALL LAND DRAINS ONE WAY OR ANOTHER. CORRECT. AND FOLLOWING UP WITH THE MAYOR'S QUESTION, FARMLAND IS PERMEABLE. CONCRETE IS NOT CORRECT. HOW IS THAT NEGOTIATED? IT'S BASED ON DIFFERENT TYPE OF IMPROVEMENTS, GENERATE DIFFERENT FLOW RATES.

[Item 10h - Consideration and possible action to approve the Los Ranchitos Road Repairs Project utilizing the Public Works Street Repairs.]

SO CONCRETE THERE'S DIFFERENT VALUES THAT ARE INPUTTED IN THE ANALYSIS PREPARED ON THE DRAINAGE REPORT. AND THOSE VALUES ARE PRESENTED. I REVIEWED IT I CONCURRED. AND THAT ESSENTIALLY GIVES YOU WHAT VOLUME OR THE NUMBER YOU NEED TO MITIGATE IN TERMS OF DRAINAGE. SO IF YOU HAVE CONCRETE ROOFTOPS VERSUS GRASSLAND, THAT'S GOING TO TELL YOU, OKAY, YOU NEED TO PROVIDE MORE DETENTION THAN HAD YOU DONE ONLY 60% OR 80% IMPERVIOUS.

ALL THAT AFFECTS YOUR YOUR IMPROVEMENTS AS A WHOLE. WHAT ARE THE WALLS OF THIS DITCH? WHAT ARE THEY? WHAT ARE THEY BUILT LIKE? I MEAN, ARE THEY CONCRETE? ARE THEY DIRT? JUST DIRT SO THEY COULD POTENTIALLY FALL. CORRECT. LIKE RUNOFF. RUNOFF? YES. IF IF A BIG STORM EVENT OCCURRED LIKE WE DID IN MARCH OF LAST YEAR, IT WOULD OVERTOP. RIGHT. THAT WOULD BE WHAT WOULD HAPPEN. YES, MA'AM. WE'D BE IN QUITE A TROUBLE. JUST LIKE I SAID, THAT'S THE DIRECTION OF THE FLOW RATES OF THE FLOW RATE. YES. BUT NOW AS PART OF THE DEVELOPMENT, THEY'RE PUTTING ALL THOSE 100 ACRES IN TERMS OF DETENTION TO ACCOMMODATE UP TO THAT FIVE, 5000 YEAR STORM EVENT. COULD YOU GO BACK TO THE TO THE MAP THAT HAS THE ONE, THE MAGENTA? YES, MA'AM. OKAY. SO WHEN YOU SAY THE THE THE MAGENTA SQUARES OR RECTANGLES HAVE. THOSE ARE ALL THE. THIS PAWN A PAWN, B PAWN. THOSE EACH HAVE 25. IS THAT CORRECT OR IS IT 100? 100, 100? NO. RIGHT. APPROXIMATELY THE SUMMATION OF ALL THOSE AREAS, APPROXIMATELY THE SUMMATION OF ALL THOSE AREAS IS 100 ACRES. SO IT'S 25 EACH APPROXIMATELY. OKAY. THAT'S ALL I HAVE FOR NOW. OKAY. THANK YOU. QUESTIONS FOR ROBERT. NO. OKAY. WE DO HAVE A REPRESENTATIVE FROM FLUID STACK. IF WE MIGHT. DON'T GO TOO FAR AWAY. YEAH, I'LL STAND RIGHT HERE. LET ME SIT NEXT TO JOSH. IF YOU IF YOU WOULDN'T MIND. GREAT. THANK YOU. CAN YOU JUST INTRODUCE YOURSELF? ABSOLUTELY. MY NAME IS KATE FRANCO. I HANDLE PUBLIC AFFAIRS AT FLUID STACK, A DATA CENTER DEVELOPER THAT IS SUPPORTING THIS PROJECT AND HOPING TO BUILD IN CAMERON COUNTY. THANK YOU, MAYOR AND COMMISSIONERS, FOR YOUR TIME TONIGHT. AND THANK ALL OF YOU FOR COMING TONIGHT. I KNOW WE HAVE DIFFERENT PERSPECTIVES ON SEVERAL OF THESE ISSUES, AND I'M HAPPY TO TALK THROUGH THEM NOW, BUT I DO APPRECIATE EVERYBODY COMING AND SPENDING YOUR TIME LEARNING MORE ABOUT THIS PROJECT AND THE OPPORTUNITIES IT BRINGS. I'D LIKE TO JUST CLARIFY A COUPLE OF THINGS THAT I THINK YOU WERE GETTING AT, COMMISSIONER, WITH ROBERT, WHILE YOU'RE STILL RIGHT HERE, THE VOLUME IN TERMS OF CAPACITY OF THE DITCH EXPANSION THAT WE'RE TALKING ABOUT WILL TRIPLE THE VOLUME OF WATER THE DITCH CAN HOLD. IS THAT ACCURATE? YES. THE DETENTION PONDS ON SITE WILL HAVE CONTROLLED RELEASE. SO WHEN A STORM COMES IN, LIKE IN MARCH OF 2025, THE PONDS HERE CAN HOLD THAT CAPACITY.