Thread: TX: Border fence to get green light

Border fence to get green light
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City set to approve agreement with Homeland Security for construction

June 1, 2009 - 8:32 PM

By EMMA PEREZ-TREVINO, The Brownsville Herald

The City Commission today is poised to approve an agreement with the U.S. Department of Homeland Security, allowing the construction of the border fence between Brownsville and Matamoros.

The proposal also contains provisions that the city's land would revert to the city upon construction of replacement barriers and a new levee.

But the vote is not expected to be unanimous as Mayor Pat M. Ahumada Jr. continues to voice opposition to the "shameful" fence.

Ahumada instead proposes the Brownsville-Matamoros dam project, which he calls a virtual fence, as an alternative.

Ahumada has scheduled a 2 p.m. press conference for today to discuss the proposal with DHS.

The commission will consider the agreement at its regular meeting a few hours later, starting at 6 p.m. at City Hall, 1001 E. Elizabeth St.

The proposed agreement comes on the heels of DHS' action in May in federal court to take possession of 15.919 acres of city land while negotiations with the city were ongoing.

The proposed temporary border fence would be built on the East Loop levee and between the Gateway International Bridge and the B&M International Bridge.

In a statement issued Friday, City Manager Charlie Cabler said that he, members of his staff and DHS had reached an agreement, subject to the commission's approval.

Cabler said that reversion of the properties to the city would allow the city to complete the East Loop, which will carry heavy truck traffic from the international bridges to the Port of Brownsville. He said the land also is vital to the contemplated development of the historic downtown area.

Under the proposal, the city would be responsible for designing and constructing the replacement levee and barriers. The temporary fencing would be removed by DHS if funding were available.

Ahumada has urged opponents to the fence to again petition the commission not to enter into any agreement with DHS.

Prior to the regular meeting, the commission will hold a workshop at 5:15 p.m. and an executive session at 5:30 p.m.

www.brownsvilleherald.com

City Commission OKs border fence accord
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June 2, 2009 - 9:22 PM
By EMMA PEREZ-TREVINO, The Brownsville Herald

Between a rock and a hard place - that's how the City Commission found itself Tuesday regarding the border fence between Brownsville and Matamoros that will be constructed.

There were two immediate options: either approve an agreement with the U.S. Department of Homeland Security as majority members on the commission advanced or fight to the end as the mayor urged.

Majority commissioners Leo Garza, Ricardo Longoria, Edward C. Camarillo and Anthony P. Troiani prevailed, approving the agreement.

Mayor Pat M. Ahumada Jr. and Commissioner Carlos A. Cisneros voted against the agreement. Commissioner Charlie Atkinson abstained.

The majority argued that the agreement allowing DHS the right of possession to 15.919 acres of city land, which DHS already has title to, provides the city with the ability to one day develop downtown and to complete the project called the East Loop, which would tie south Brownsville to the Port of Brownsville.

The agreement provides that DHS will build what the parties call "temporary" fence segments on the East Loop levee and between the Gateway International Bridge and the B&M International Bridge.

The temporary fence segments would be removed when the city constructs in their place a replacement barrier and relocates the East Loop levee. The relocation of the levee already is a component of the East Loop project.

Ahumada contended that the cost of the replacement levee and barrier is not even known, but predicted that the cost would be prohibitive. "I think the temporary wall is going to be a permanent wall," the mayor said.

"I believe we should fight DHS on the right of possession and hopefully come out with something better than what is being proposed," Ahumada said.

Troiani, through questions posed to counsel Charlie Willette, contended that DHS already has title to the property and that not entering into an agreement placed the city in the position that it could never recoup any of the land required to continue with its economic development plans.

Troiani's comments, however, also showed that he is very concerned that the agreement might not be included in the federal court's order granting DHS possession of the property.

Willette hinted that it might not be possible and that if there were any disputes in the future, these might have to be resolved in a court of claims rather than in federal district court. Willette predicted that DHS would probably object to attaching the agreement to the order of possession, but said that he would try to convince the federal court, where condemnation proceedings are under way, to allow this.

Troiani wanted the attachment of the agreement to be a condition of the agreement but Garza said it would be too risky.

Asked by Ahumada if he (Willette) trusts the federal government to keep its word, Willette summed it up: "I don't think we have a lot of choice."

www.brownsvilleherald.com