Date of Meeting: January 3, 2013

Agenda Item No. (to be assigned by CSO): I

From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Call to Order, includes the following:

A. Certification of Public Notice. B. Invocation. C. Pledge of Allegiance. D. Roll Call.

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Pastor/Reverend C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Four or more Commissioners present constitutes a Quorum; otherwise, no action may be taken. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): One-page with pledges and mission statement. Responsibilities upon Approval: Conduct meeting per Ordinance 2011-05, according to Roberts Rule of Order and commencing at 5:30 p.m.

Standardized Agenda Request Form

Form 2204 2

Form #2204 Rev. 10/2011

Submit to: SECRETARY OF STATE Government Filings Section P O Box 12887 Austin, TX 78711-2887 512-463-6334

Filing Fee: None

This space reserved for office use

OATH OF OFFICE

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God.

Signature of Officer

State of ) County of )

Sworn to and subscribed before me this day of , 20 .

(seal) Signature of Notary Public or Other Officer

Administering Oath Printed or Typed Name

Date of Meeting: January 3, 2012

Agenda Item No. (to be assigned by CSO): III. A. VI. A.

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Esteban Mejia Jr. Subject: Discussion and consideration, after public hearing, to amend Ordinance 320 and the City of Weslaco Zoning Map to rezone 705 S. Texas Blvd., also being the S 57.3-15, 10, & S 12-11, Canal Block 58 & 58A, Weslaco Original Townsite, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District’ to “B-1 Neighborhood Business District” requested by Esteban Mejia, Jr. and authorize the Mayor to execute any related documents. Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 3, 2012. Twenty-three (23) property owners within 200 ft. of the applicant’s property were notified by letter on December 7, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/19/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends approval of the rezone request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.

Standardized Agenda Request Form

Date of Meeting: January 3, 2013

Agenda Item No. (to be assigned by CSO): III. B. VI. B.

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official, on behalf of Javier Pena. Subject: Discussion and consideration, after public hearing, to amend Ordinance 320 and the City of Weslaco Zoning Map to rezone 1629 Cypress Drive, also being Lots 1, 2, & 3, Westgate Village Mobile Home Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District” requested by Javier Pena and authorize the Mayor to execute any related documents. Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 3, 2012. Nineteen (19) property owners within 200 ft. of the applicant’s property were notified by letter on December 7, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/19/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends denial of rezone based on the Comprehensive Plan. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.

Standardized Agenda Request Form

Date of Meeting: January 3, 2012

Agenda Item No. (to be assigned by CSO): III. C. VI. D.

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Alfonso Garcia. Subject: Discussion and consideration, after public hearing, to amend Ordinance 320 and the City of Weslaco Zoning Map to rezone the Re-plat of Amended “V” Subdivision, also being a 3.556 acre tract of land, and also being all of Lot 1 and Lot 2, Amended Map of “V” Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District’ to “B-2 Secondary and Highway District” requested by Alfonso Garcia and authorize the Mayor to execute any related documents. Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 3, 2012. Nineteen (19) property owners within 200 ft. of the applicant’s property were notified by letter on December 7, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/19/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends approval of the rezone request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.

Standardized Agenda Request Form

TEXAS SENATE OFFICE SPACE LEASE CONTRACT

1. PARTIES This lease contract is made and entered into this ______day of _________________,20____ ,by and between (a) City of Weslaco herein referred to as LESSOR, and (b) THE TEXAS STATE SENATE, herein referred to as LESSEE, on behalf of Senator Lucio.

2. PROPERTY LEASED

Lessor promises, in return for the consideration and mutual promises described herein to lease Lessee, the following property and premises, to wit:

600.00 square feet of net usable space, located in the Building, at 500 S. Kansas [street address] [suite number], in Weslaco [city] Hidalgo [county, Texas] 78596 [zip]

Lessor also agrees to furnish any and all requirements, if any, to such property and premises as set out in LEASE SPECIFICATIONS. Any LEASE SPECIFICATIONS shall be attached hereto and incorporated herein by reference and made a part hereof for all purposes.

3. MONTHLY RENTAL

Lessee agrees to pay Lessor City of Weslaco Dollars ($ ) per month which shall be paid solely from the funds of the Texas State Senate during the term of this lease. (All additions or deletions of net usable space to this lease shall increase or reduce the stated amount by ________cents per square foot per month.) Lessor agrees to submit monthly statements for rent to Lessee. The monthly rentals provided for herein shall be due and payable by Lessee in advance on the first day of the month and paid no later than the tenth day of the month for which said rentals are due. Any and all payments pursuant to this lease are governed by Chapter 2251 of the Government Code, as applicable.

4. TERM OF LEASE

The primary term of this lease shall be for ___24___ months commencing on the ___9th___ day of January, 2013, and ending on the _13th____ day of January, 2015 , but Lessor understands and agrees that Lessee may cancel this lease without penalty if Lessee for whose benefit this lease is made ceases to be a member of the Texas Senate for any reason or if the leased property ceases to be a part of the district Lessee member represents, or for any other reason as hereinafter provided. (a) Lessee has the option to renew this lease for an additional period of __________ months for the same rental and under the same terms, conditions, covenants, and provisions applicable under this lease during the primary term. To exercise the option, Lessee must give written notice of election to do so to Lessor not later than 30 days before the expiration of the primary term of the lease. (b) This lease contract is made and entered into contingent upon the availability of state funds appropriated by the Texas Legislature to cover the full term and cost of this lease. In the event state appropriated funds are not available, upon written notice to Lessor, Lessee may terminate this lease or adjust it in accordance with the provisions of this lease.

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(c) If Lessor shall be unable to give possession of the demised premises on the date of commencement of the term hereof by reason of the fact that the premises are located in a building which is being constructed and which has not been sufficiently completed to make such premises ready for occupancy or if repairs, alterations, improvements, or decorations of the demised premises are not ready for occupancy by Lessee on the date of commencement of the term hereof, Lessee may terminate the lease by giving written notice. Lessee may not terminate the lease if the delayed occupancy is the responsibility of the state. Should termination occur under this paragraph, Lessor will be liable in damages for any additional rent Lessee is required to pay for facilities substantially equal to the demised premises. If Lessee so elects, Lessee may continue to treat this lease as in force and effect for a period of no more than 120 days after the stated date of commencement. During this time, or for as long as possession does not commence, Lessee shall not be liable for the rent reserved and covenanted to be paid and Lessor shall be liable for all costs necessary to house Lessee during this term. Payment hereunder shall not begin until the possession of the premises is given or the premises are available for full occupancy by Lessee, and Lessee is liable only for rent for those months beginning on and after such date. If Lessee takes possession of the premises or the premises are available for full occupancy other than on the first of the month, the rent for that month shall be prorated from the date Lessee takes possession or the premises become available.

5. GENERAL TERMS AND CONDITIONS (a) Lessor further agrees that should Lessee request additional space during the term of this lease, Lessor may furnish such space as is requested by Lessee, if available, adjacent to space covered by this lease at a rental not more than the monthly cost per square foot shown in paragraph 3 above, and to be concurrent with the balance of the period covered by this lease. If it is determined and agreed by both Lessor and Lessee that market conditions have changed since the start of this lease, or the start of any option period currently in effect, the monthly cost per square foot applicable to the space to be added may be adjusted to reflect present market conditions. Lessor shall also furnish any and all services provided in this lease. The lease of additional space shall not be valid, however, unless evidenced in writing and signed by both parties. (b) Lessor covenants and agrees to pay all taxes of whatever nature, levied and assessed, on or against the lease property and improvements during the term of the lease; and to keep the leased premises, property and buildings in good repair and condition during the term of this lease and any extension thereof, said maintenance to include, but is not limited to, the following services: repair and patch walls, ceiling and floor surfaces; painting as needed; replacement of broken glass; repair of window shades, blinds and/or drapes, fasteners and sash cord or chains; roof and ceiling leaks; building exterior, interior, plumbing, heating, air conditioning and ventilating equipment; fire protection equipment; miscellaneous valves; woodwork, locks, floor surface and coverings; and lighting fixtures, and the replacement of all defective or burned-out bulbs, fluorescent tubes, ballasts, and starters. In the event of the forecast of a flood, hurricane, or other natural disaster, Lessor shall take all reasonable and necessary actions to secure and protect the premises. (c) It is further understood and agreed that if Lessor does not maintain the premises and all appurtenances thereto, as heretofore specified, in good repair, reasonable wear and tear excepted, Lessee shall notify Lessor in writing in reference thereto by certified mail, return receipt requested. If, within thirty (30) days after receipt of such notice Lessor fails to take steps to remedy the grievances specified in said notice, Lessee may take any and all actions in accordance with paragraph 5(n) below.

(d) Lessor hereby covenants and agrees that hereafter and during the term of this lease or any extension thereof, it will not rent, lease or otherwise furnish space in this or any adjacent buildings under its control to any enterprise which, in the usual exercise of its business, could be expected to create noise or odors injurious or disruptive to Lessee’s normal governmental activity.

(e) Lessor further covenants that it has good and sufficient title to the said premises, and has full power and authority to execute this lease and to place Lessee in possession of the premises in full satisfaction of and compliance with the terms and conditions herein. Lessor also agrees that it will not attempt to impose upon Lessee any requirements of other legal instruments related to these premises not referred to herein or made a part hereof. Lessor warrants and defends unto Lessee against the claims of all persons to be leasehold interests of Lessee. Any person or entity executing this lease as agent for Lessor shall attach to this lease

Page 3

sufficient evidence or authority to act in the capacity shown. (f) Lessor warrants that the operation of Lessee on the demised premises is not in violation of any city ordinance or statute or any restriction imposed against the demised premises and that Lessor will indemnify Lessee for any direct or indirect loss sustained by Lessee as a result of the existence of such restriction, ordinance, or statute.

(g) Lessor hereby covenants and agrees that Lessee may bring on to the leased premises any and all equipment and improvements reasonably necessary for the efficient exercise of Lessee’s governmental responsibilities. Any and all improvements made by Lessee that will be permanently affixed to the property shall be agreed to and adopted by the parties hereto and shall become the property of the Lessor. (h) Lessor acknowledges that it is an absolute necessity for Lessee to post signs indicating Lessee’s name, location, and governmental purpose and grants Lessee permission to post all such necessary signs. Lessee shall make a good faith effort to ensure that such signs shall be prepared and installed in accord with Lessor’s applicable rules and regulations, and in keeping with building decor, but in no event shall the total cost of such signs to Lessee exceed $200.00. Any special requirements of Lessee contrary to the above must be stated in the specifications and made a part of this lease. (i) On termination of this lease, by lapse of time or otherwise, Lessee may, within reasonable time thereafter, at its option and expense, remove from said premises any and all improvements, equipment, appliances, or other property placed or owned by it thereon; and shall deliver up said premises and property to Lessor in as good order and condition as they now are, or may be put by the Lessor, provided, however, that reasonable use, ordinary wear and tear, depreciation, damages, or destruction by fire or the elements or unavoidable casualty and repairs, and replacements, for which Lessor is obligated, are excepted. (j) If, during the term of this lease, said premises, or any portion thereof, shall be condemned for any public purpose, either party hereto shall have the option of terminating and canceling this lease upon thirty (30) days’ notice to the other party of its election to do so. Lessee, at its option, may elect to continue this lease and in such event the lease payments due hereunder shall be either reduced or withheld in proportion with the degree the space cannot be fully utilized by Lessee during remainder of this lease or any extension thereof. (k) It is mutually agreed between Lessor and Lessee that if said building and premises shall, during the term of this lease or previous thereto, be slightly damaged by fire or any other such cause or causes, the same shall be promptly repaired by the Lessor. During the time of such repair, if the space cannot be fully utilized by Lessee, lease payments due hereunder shall be either reduced or withheld in accord with the degree of non-use. But, if said building and premises be so damaged as to render said premises unfit for occupancy, then, and from the date of such damage, this lease shall cease and be void; and any and all rent and other obligations hereunder due and payable on or after the date of such damage shall be null and void. Lessee shall remain liable only for rent and obligations, or any portion thereof, accruing prior to said date of damage; if Lessee has made any advance of rent or other obligations, Lessor shall promptly refund to Lessee that portion of such advance applicable to the period on and after that date. If Lessor has available under his control space which will meet Lessee’s needs and offers same to Lessee, Lessee may, at its option, occupy that space under the same terms and conditions of this lease. Any and all reasonable and necessary costs incurred by Lessee in occupying such new lease space may be deducted from any subsequent rent payments by Lessee. (l) Lessee reserves the right to assign any agency of state government to occupy all or part of the space described herein, but covenants and agrees that it will not assign or sublet all or any part of the leased premises to any private parties (persons or corporations).

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(m) In the event Lessee shall be in default in the payment of rentals or other charges hereunder, or shall otherwise breach its covenants or obligations hereunder, and shall be and remain in default for a period of thirty (30) days after the receipt of written notice from Lessor to it of such default, Lessor shall have the right and privilege of terminating this lease and declaring the same at an end, and of entering upon and taking possession of said premises, and shall have the remedies now or hereafter provided by law for recovery of rent, repossession of the premises, and damages occasioned by such default. The resolution of any claim by the Lessor under this lease is subject to the dispute resolution process set out in Chapter 2260 of the Texas Government Code and any rules adopted by the Texas Senate pursuant to that chapter, as applicable. (n) In the event Lessor shall breach or be in default in the performance of any of the covenants or obligations imposed upon Lessor by this lease, and shall remain in default for a period of thirty (30) days after receipt of written notice from Lessee to it of such default, Lessee shall have the right and privilege of terminating this lease and declaring the same at an end, and shall have the remedies now or hereafter provided by law for recovery of damages occasioned by such default. In lieu of a formal declaration of default and resulting termination as provided above and in special cases urged by the occupying state agency, Lessee may withhold payment of rent from Lessor until such time as the violations have been corrected. If violations of this lease create an emergency situation and threaten the occupying agency’s ability to use the premises, Lessee may correct all or any part of the violations and deduct the cost from rentals due Lessor. Such extraordinary remedies will only be undertaken in the best interest of the State when a move following termination would be highly disruptive to Lessee or the occupying agency and detrimental to its functions. (o) The failure of Lessee or Lessor to insist in any one or more instances on a strict performance of any of the covenants of this lease shall not be construed as a waiver or relinquishment of such covenants in future instances, but the same shall continue and remain in full force and effect. (p) This agreement and each and all of its covenants, obligations, and conditions hereof shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of Lessor. (q) Lessee covenants and agrees to abide by any and all rules promulgated subsequent to commencement of this lease provided that such rules do not conflict with any provisions of this lease and do not impose any additional payments, costs, or obligations on Lessee or interfere with Lessee’s quiet enjoyment of the premises. Such rules shall be submitted to Lessee for consideration and comment at least thirty (30) days prior to implementation. (r) All written notice shall be delivered in person only to an authorized representative of the Lessor or Lessee or mailed via the United States Postal Service, Certified Mail, Return Receipt Requested, to the address of the Lessor or Lessee set out in this lease. Notice will be deemed to have been received three (3) business days after the date of mailing. (s) Nothing in this lease shall be deemed to waive, annul, or modify the Lessee’s sovereign immunity, except as otherwise provided by statute or legislation.

6. APPLICATION OF THE ADA AND ARCHITECTURAL ACCESSIBILITY REQUIREMENTS Lessor hereby certifies that at the time the leased premises become occupied by Lessee and throughout the term of the lease and any additional tenancy, Lessor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, Public Law 1001-336 (42 U.S.C. Section 12101 et seq.), the Texas Architectural Barriers Act (Chapter 469 of the Texas Government Code, formerly Article 9102 of the Texas Revised Statutes) and with all other applicable state and federal architectural and structural requirements intended to allow individuals with disabilities access to all governmental programs and services offered by Lessee. Lessor is solely responsible for ensuring that the premises meet all such structural requirements, including scheduling and submitting to any required inspections, paying any fees, and acquiring any licenses or permits, as applicable.

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7. SPECIAL TERMS AND CONDITIONS (As needed) In the event of any conflict between the terms, provisions, duties, or obligations contained in the Texas Senate Office Space Lease and any attachments or exhibits hereto, the Texas Senate Office Space Lease shall govern absolutely and unconditionally.

LESSOR: LESSEE: City of Weslaco THE TEXAS STATE SENATE By:_______________________________ By:_________________________________

Signature Signature __________________________________ ____________________________________ Title Title - Secretary of the Senate and/or

Chairman, Administration Committee __________________________________ ____________________________________ Date Date Contact Person: Contact Person:

Elizabeth Walker Sharon Dill

Lessor Address: Address:

Senate Purchasing

255 S. Kansas P.O. Box 12068 Weslaco,TX 785966158__

Room 525 Austin, Texas 78711

(512) 463-0222 Phone

Area Code Telephone number (512) 475-3740 Fax 956 968-3181

Area Code Fax number 956 968-6717 email: sharon.dill@senate.state.tx.us _________________________________________ Tax ID (who the check will be made out to) _________________________________________ Name Tax ID belongs to

Date of Meeting January 3, 2013

Agenda Item No. (to be assigned by CSO): IV. B.

From (name, title, department and who submitting on behalf of, if any): Erasmo P. Lozano, Public Facilities Assistant Director Subject: Weslaco Boys and Girls Club Project # 51-000065 amendment to project agreement. Discussion: Approval of Amendment #2 to Project Agreement (#51-00006) between the City of Weslaco and Texas Parks and Wildlife Department for the Weslaco Boys and Girls Club Indoor Recreation Center to extend the project expiration date to July 15, 2013. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, if any (name of board/committee, date of action, recommendation): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, Letter of request , event flier, Policy for waiving facility usage fee Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

Agenda Request Form

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INTERESTED YES/NO FIRST NAME LAST NAME HOME CELL PHYSICAL ADDRESS E-MAIL ADDRESS APPLICATION DATE

George Vela 956-975-7838 956-969-2202 622 Silva Drive sirking2000@aol.com 8/7/2012Usvaldo Ascencio 956-968-8169 106 Peña Ave uascencio2000@yahoo 6/30/2011Armando Gutierrez 956-968-8175 PO Box 8351 4/15/2004Edward Torres 956-975-1347 956-975-1911 812 W Valley Trace 3/28/2006Erasmo Saenz 956-560-5310 956-463-5675 2113 Harrison 7/8/2008Larry Cardenas 956-778-3894 1116 W 3rd 6/8/2006Reynaldo Anzaldua 956-624-6346 417 S. Pleasantview rey@anzaldua.us 10/28/2011Rene Rodriguez 956-272-3972 956-968-8733 801 N Palmas rene.rodriguez@co.hida 12/6/2012

TERM STARTTERM

EXPIRESTERMS SERVED FIRST NAME LAST NAME APPLICATION DATE

8/8/2012 8/8/2014 Lazaro Sr. Cardenas 6/28/201111/4/2011 11/2/2013 14 Andy Veliz 10/13/201111/4/2011 11/2/2013 6 Hector E. Valdez 10/27/201110/4/2011 10/4/2013 3 Ernesto Martinez, Jr. 10/2/2011

12/21/2012 12/21/2014 Roy Tijerina Jr 12/14/2012

Meeting Date

Narrative

Whenever the Building Official refuses to approve the erection or alteration of a structure or building which does not meet the requirements of the Zoning Ordinance, or when it is claimed that the requirements of such ordinance does not apply or that the true meaning and intent of such ordinance has been misconstrued or wrongly interpreted, the owner or authorized agent may appeal such decision. It is the duty of the Board of Adjustments and Appeals to the Zoning Ordinance to review such appeals and after a hearing, may grant a variance of any section of the zoning ordinance, if in its opinion creates a hardship or is contrary to public interest, or when, in its opinion the interpretation of the Building Official should be modified or reversed.

The Board of Adjustments and Appeals to the Building Codes meets the first Monday of every month at 5:00 P.M. in the Legislative Chambers.

APPLICANTS

CURRENT MEMBERS - BOARD OF ADJUSTMENTS & APPEALS ZONING ORDINANCE

RESOLUTION NO. 2013- 01

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENTS & APPEALS-ZONING ORDINANCE.

WHEREAS, the City of Weslaco created and established the Board of Adjustments & Appeals-Zoning Ordinance. WHEREAS, the term of the members of this board are for two years; and WHEREAS, the Board of Adjustments & Appeals-Zoning Ordinance members shall serve with neither compensation nor term limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ______________________________is appointed to serve an unexpired term on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on 8th day of August, 2014. PASSED AND APPROVED on this 3rd day of January, 2013.

CITY OF WESLACO

________________________________ Miguel D. Wise, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________ Ramon Vela, CITY ATTORNEY

Date of Meeting: January 3, 2012

Agenda Item No. (to be assigned by CSO): III. A. VI. A.

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Esteban Mejia Jr. Subject: Discussion and consideration, after public hearing, to amend Ordinance 320 and the City of Weslaco Zoning Map to rezone 705 S. Texas Blvd., also being the S 57.3-15, 10, & S 12-11, Canal Block 58 & 58A, Weslaco Original Townsite, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District’ to “B-1 Neighborhood Business District” requested by Esteban Mejia, Jr. and authorize the Mayor to execute any related documents. Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 3, 2012. Twenty-three (23) property owners within 200 ft. of the applicant’s property were notified by letter on December 7, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/19/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends approval of the rezone request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.

Standardized Agenda Request Form

ORDINANCE NO. 2013-01 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 705 S. TEXAS BLVD., ALSO BEING THE S 57.3-15, 10, & S 12-11, CANAL BLOCK 58 & 58A, WESLACO ORIGINAL TOWNSITE, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 SINGLE FAMILY DWELLING DISTRICT’ TO “B-1 NEIGHBORHOOD BUSINESS DISTRICT”. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District,” the S 57.3-15, 10, & S 12-11, CANAL BLOCK 58 & 58A, WESLACO ORIGINAL TOWNSITE, also being 705 S. Texas Blvd., Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 3rd day of January, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this ______________ day of ______________, 2013. CITY OF WESLACO Miguel D. Wise, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY

Date of Meeting: January 3, 2013

Agenda Item No. (to be assigned by CSO): III. B. VI. B.

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official, on behalf of Javier Pena. Subject: Discussion and consideration, after public hearing, to amend Ordinance 320 and the City of Weslaco Zoning Map to rezone 1629 Cypress Drive, also being Lots 1, 2, & 3, Westgate Village Mobile Home Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District” requested by Javier Pena and authorize the Mayor to execute any related documents. Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 3, 2012. Nineteen (19) property owners within 200 ft. of the applicant’s property were notified by letter on December 7, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/19/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends denial of rezone based on the Comprehensive Plan. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.

Standardized Agenda Request Form

ORDINANCE NO. 2013-02 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1629 CYPRESS DRIVE, ALSO BEING LOTS 1, 2, & 3, WESTGATE VILLAGE MOBILE HOME SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 SINGLE FAMILY DWELLING DISTRICT” TO “B-1 NEIGHBORHOOD BUSINESS DISTRICT.” BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District,” Lots 1, 2, & 3, Westgate Village Mobile Home Subdivision, also being 1629 Cypress Drive, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 3rd day of January, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this ______________ day of ______________, 2013. CITY OF WESLACO Miguel D. Wise, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY

Date of Meeting: January 3, 2013

Agenda Item No. (to be assigned by CSO): VI. C.

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official on behalf of Alfonso Garcia. Subject: Discussion and consideration of the Final Plat of the Re-plat of Amended “V” Subdivision - being a 3.556 acre tract of land, and also being all of Lot 1 & 2 of the Amended map of “V” Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Discussion: At their regular meeting of December 19, 2012, the Planning and Zoning Commission approved the final plat. The proposed three (3) lot subdivision is within the City of Weslaco and is located approximately 100 feet east of the intersection of Mile 6½ West Road and U.S. Business 83. This subdivision will be serviced with water and sewer by the City of Weslaco. The property is within a Flood Zone “X”. The proposed subdivision will consist of three (3) commercial/multi-family lots. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/19/2012, recommends approval of the final plat. Staff recommendation for Commission Action: Staff recommends approval of the final plat. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Subdivision Platting, Engineering, Public Facilities, Fire Marshal’s comments, Drainage Report. Responsibilities upon Approval: Planning staff will advise applicant.

Standardized Agenda Request Form

Date of Meeting: January 3, 2012

Agenda Item No. (to be assigned by CSO): III. C. VI. D.

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Alfonso Garcia. Subject: Discussion and consideration, after public hearing, to amend Ordinance 320 and the City of Weslaco Zoning Map to rezone the Re-plat of Amended “V” Subdivision, also being a 3.556 acre tract of land, and also being all of Lot 1 and Lot 2, Amended Map of “V” Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District’ to “B-2 Secondary and Highway District” requested by Alfonso Garcia and authorize the Mayor to execute any related documents. Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on December 3, 2012. Nineteen (19) property owners within 200 ft. of the applicant’s property were notified by letter on December 7, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 12/19/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends approval of the rezone request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.

Standardized Agenda Request Form

ORDINANCE NO. 2013-03 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF THE RE-PLAT OF AMENDED “V” SUBDIVISION, ALSO BEING A 3.556 ACRE TRACT OF LAND, AND ALSO BEING ALL OF LOT 1 AND LOT 2, AMENDED MAP OF “V” SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 SINGLE FAMILY DWELLING DISTRICT’ TO “B-2 SECONDARY AND HIGHWAY DISTRICT”. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District,” the Re-plat of Amended “V” Subdivision, also being a 3.556 acre tract of land, and also being all of Lot 1 and Lot 2, Amended Map of “V” Subdivision, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 3rd day of January, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this ______________ day of ______________, 2013. CITY OF WESLACO Miguel D. Wise, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY

RESOLUTION 2013-02 STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ §§

A RESOULTION DESIGNATING AN AREA IN THE CITY OF WESLACO FOR REVITALIZATION

Whereas, the City Commission of the City of Weslaco, Texas, desires to adopt the “Weslaco 200 A Continuing Revitalization Plan” (the “Plan”) that is intended to complement and expand the existing Weslaco 100 Plan and to formalize the City’s prior and ongoing efforts to revitalize a critical area of the City of Weslaco; and Whereas, it necessary and in the best interest of the City of Weslaco to designate such area for community revitalization. NOW THEREFORE BE IT ORDERED BY THE CITY OF THE CITY OF WESLACO, TEXAS: Section 1. That the City hereby approves the Plan that designates an area within the

City for revitalization that includes Knapp Medical Center, Weslaco East High School, and the new growth area along S. Pleasantview Drive that fronts Weslaco East High School and is anticipated to serve as the Eastern gateway to the City and its expanding medical center and the CBD sub-area. The area includes and expands the boundaries of the CBD sub-area along U.S. Business 83 east of S. Bridge Avenue and south along S. Airport Drive to 11th Street. It includes U.S. Business 83 to the north, S. International Blvd. to the east, E. 18th Street to the south and S. Bridge Avenue to the west.

Section 2. That the City Commission’s goals in adopting the Plan are to strengthen

and expand its medical facilities, commercial and retail development, housing, and area schools in the Revitalization Area, as defined in the Plan, by improving infrastructure, removing blight, and enhancing parks and other public facilities, while encouraging and planning for new development that will support and provide job opportunities to the current and future residents of the Revitalization Area.

Section 3. That the Plan recognizes existing and ongoing revitalization and

improvement efforts that include the development of affordable rental housing within the Revitalization Area, which activity is hereby approved and supported by City Commission.

Section 4: That the Plan was duly adopted with the required public comment

processes followed, the funding and activities under the Plan have already commenced and the City of Weslaco has no reason to believe that the overall funding for the full and timely implementation of the Plan will be unavailable.

PASSED AND APPROVED on this 3rd day of January, 2013.

CITY OF WESLACO ________________________________ Miguel D. Wise, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________ Ramon Vela, CITY ATTORNEY

City of Weslaco, Texas Job Description

Assistant City Manager City Managers’ Office

Page 1 of 3

Position Title: Assistant City Manager Grade Level: E-10 Department City Managers’ Office Date: Jan. 2, 2013 Reports to: City Manager FLSA Status Exempt Statement of Duties: The Assistant City Manager provides oversight, development, and administration of several major departments as assigned by City Manager. Employee is required to perform all similar or related duties. Supervision Required: Under administrative direction of the City Manager, working from municipal policies and objectives; the employee establishes short and long-range plans and objectives, City performance standards and assumes direct accountability for department results. Employee consults with City Manager where clarification, interpretation, or exception to municipal policy may be required. The employee exercises control in the development of departmental policies, goals, objectives and budgets. The employee is also expected to resolve all conflicts, which arise and coordinate with others as necessary. Supervisory Responsibility: Employee has supervisory responsibility for several major departments of the City including service delivery, training, evaluation and disciplining of subordinates, budget development, and control. Employee directs and coordinates the operation of two or more major departments through subordinate supervisors who are responsible for supervision over individual departments. May assume temporary responsibility for entire municipality in the event of the temporary absence of the City Manager. Confidentiality: Employee has full and complete access to municipal confidential information including official personnel files, collective bargaining, law suits, client records and department records. Accountability: Consequences of errors, missed deadlines or poor judgment could result in adverse public relations, jeopardize programs, excessive costs, delay of service delivery, or legal repercussions to the City. Judgment: Guidelines only provide limited guidance for performing the work. They may be in the form of administrative or organizational policies, general principals, legislation or directives that pertain to a specific department or functional area. Extensive judgment and ingenuity are required to develop new or adapt existing methods and approaches for accomplishing objectives or to deal with new or unusual requirements within the limits of the guidelines or policies. The employee is recognized as the department or functional area's authority in interpreting the local, state and/or federal guidelines, in determining how they should be applied and in developing operating policies. Complexity: The work consists of employing many different concepts, theories, principles, techniques and practices relating to an administrative field. Assignments typically concern such matters as studying trends in the field for application to the work; assessing services and

City of Weslaco, Texas Job Description

Assistant City Manager City Managers’ Office

Page 2 of 3

recommending improvements; planning long range projects; devising new techniques for application to the work, recommending policies, standards or criteria. Work Environment: The work environment involves everyday discomforts typical of offices, with occasional exposure to outside elements. Noise or physical surroundings may be distracting, but conditions are generally not unpleasant. Employee may be required to work beyond normal business hours to attend evening meetings or to respond to emergency situations. Nature and Purpose of Public Contact: Duties involve constant contact with local, state and federal government officials, community leaders and any other individuals to protect and promote the municipality's overall interest. Employees must possess a high degree of diplomacy and judgment and must be able to work effectively with and influence all types of persons. Duties require a well-developed sense of strategy and timing in representing the municipality effectively in critical and important situations that may influence the well being of the municipality. Occupational Risk: Duties of the job present little potential for injury to the employee. Risk exposure is similar to that found in an office setting. Essential Functions: The essential functions or duties listed below are intended only as illustrations of the various type of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position.

1. Oversees the daily administration of assigned departments. 2. Acts as external liaison and constituent services provider to key constituent groups in the

City or State. 3. Participates in City- wide budget planning and review sessions in support of the City

Manager. 4. Maintains custody of assigned Departmental records in accordance with applicable local,

state and federal laws and regulations. 5. Reviews all funding requests, payments and expenditures for departments managed. 6. Performs special projects and prepares reports requiring research and implementation as

needed. 7. Creates policy memorandum for the City Manager regarding issues to be discussed at

senior staff meetings. 8. Attends conference/training sessions on behalf of the City Managers’ Office. 9. Acts as a liaison between the assigned Departments and other City departments, State and

federal agencies as required.

City of Weslaco, Texas Job Description

Assistant City Manager City Managers’ Office

Page 3 of 3

Recommended Minimum Qualifications: Education and Experience: Graduate of an accredited college with a Bachelor’s degree (Masters of Public Administration, MPA or Masters preferred) in a related field with five to seven (5-7) years related work experience; or any equivalent combination of education, training and experience which provides the required knowledge, skills and abilities to perform the essential functions of the job. Special Requirements: American Institute of certified Planners is desirable Knowledge, Abilities and Skill Knowledge: Thorough knowledge of City administrative services, policies and procedures. Working knowledge of local, state and federal personnel polices and regulations. Working knowledge of municipal budgeting and principle/practices of municipal planning. Abilities: Ability to interact and establish working relationships at all levels of government; ability to meet and deal with the public effectively and appropriately; ability to handle problems and emergencies effectively; ability to communicate clearly, both orally and in writing to small and large groups; ability to maintain confidential information; ability to maintain, manage and organize records in a detailed and accurate manner. Ability to manage multiple tasks in an organized manner. Skill: Excellent organizational skills; excellent data processing skill in the use of personal computers and office software including word processing, data base, internet and spreadsheet applications; skilled at managing senior staff. Physical and Mental Requirements The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the position’s essential functions. Physical Demands Little or no physical demands are required to perform the work. Work effort principally involves sitting to perform work tasks, with intermittent periods of stooping, walking, and standing. There may also be some occasional lifting of objects such as books; office equipment and computer paper (up to 30 lbs.) Motor Skills Duties are largely mental rather than physical, but the job may occasionally require basic motor skills for activities such as moving objects, operating a telephone system. Visual Demands Visual demands require the employee to routinely read documents for general understanding and analytical purposes.

City of Weslaco “The City on the Grow”

255 S. KANSAS AVE ■ WESLACO, TEXAS 78596-6285 ■ 956-968-3181 ■ WWW.WESLACOTX.GOV

Miguel D Wise, Mayor John F. Cuellar, Mayor Pro-Tem, District 2

David R. Fox, Commissioner, District 1 Olga Noriega, Commissioner, District 3

Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5

Joe A. Martinez, Commissioner, District 6

Leonardo Olivares, City Manager

City Manager’s Report 3 January 2013 Departmental Update • Police Department

o The Department hosted its annual toy drives on December 22 at La Placita Park and Weslaco City Park. Thanks to the generous contribution of the Weslaco Crime Stoppers, the Weslaco City Commissioner’s, local businesses and the community 800 gifts were distributed. Free books, sports balls, gifts, and Happy Meals were given out to the community’s children. The events offered free food, a moon jump, music, piñatas, snow and Santa Claus.

• Human Resources o Bret Mann had been hired as the Finance Director and his effective start date was January 2. o Mardoqueo Hinojosa has been hired as the City Engineer and his effective start date is

January 14. o The City is currently working towards finalizing the position for Park and Recreation

Director. o Erasmo Lozano has been appointed as Interim Public Facilities Director.

• Municipal Court

o Rosa Huerta, Court Administrator, has achieved a Level I Certified Clerk from the Texas Municipal Court Clerks Certification Program. The City is one of 224 cities in Texas that participates in the Texas Municipal Court Clerks Certification Program. This course includes three levels of certification and annual training requirements.

• Public Utilities o Excavation has begun on the 2.0 million gallon clear well for the Water Treatment Plant

(WTP) Expansion and is currently on schedule. o The negotiations with Earth Works & Concrete have concluded and the contract has been

sent to the contractors for execution.

• Public Facilities o The City submitted a Hazard Mitigation Grant Program (HGMP) application for the

Extension of Storm Water Detention Project in order to proceed with Phase II of the project. However, after reviewing Phase I response and supporting documents the project was found to be ineligible and was therefore denied for Phase II. The project was denied funding because it does not meet Benefit/Cost Analysis the requirement.

City Manager’s Report Page 2 of 2

o The Department has completed the street improvements projects for Largo Street and

Paisano Drive. o The roof improvement project of the 911 and Annex building has been completed.

• Parks & Recreation

o The La Placita Restrooms have been completed by Urban County’s CDBG Program. o Thanks to the generous donations of local businesses the City was able to install a new

scoreboard at the Weslaco City Park Baseball Field. • Upcoming Meetings & Events

o Martin Luther King Day (Municipal Offices Closed, January 21)

• Media/Public Feedback o Weslaco Names Police Chief (The Monitor, December 28) o Weslaco jazzes up Christmas with lighted parade (The Monitor, December 20) o Weslaco city, fire union to head to arbitrator over collective bargaining impasse (The

Monitor, December 20) o Weslaco club kept getting money after losing nonprofit status (The Monitor, December 22)