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Date of Meeting: September 8, 2012 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. Invocation by Pastor Bob Slade from Love of Christ Lutheran Church. 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 Weslaco City Commission Regular Meeting Page 1 September 18, 2012

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supplemental documentation to the regular agenda of the Weslaco City Commission meeting on September 18, 2012

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Date of Meeting: September 8, 2012

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. Invocation by Pastor Bob Slade from Love of Christ Lutheran Church. 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

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The Pledge of Allegiance to the Flag

“I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.”

The Pledge of Allegiance to the State Flag "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." *The pledge was amended by House Bill 1034 during the 80th Legislature with the addition of "one state under God." The revised wording became effective on June 15, 2007.

Preamble to the Constitution of the United States of America We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH

Friendly people with vision, courage and integrity STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE

*Positive Attitude of Courtesy & Concern *Doing it Right the First Time *Sensitive to the citizens’ needs *Friendly Respect for All *Service without Hassle

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A REGULAR MEETING OF THE WESLACO CITY COMMISSION

WEDNESDAY, SEPTEMBER 5, 2012

On this 5th day of September 2012 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in Regular Session at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue, with the following members present: Mayor Miguel D. Wise Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner Robert J. Garza Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe V. Rivera

Commissioner Joe A. Martinez City Manager Leonardo Olivares City Secretary Elizabeth Walker

City Attorney Ramon Vela Also present: Rey Garcia, IT Director; Gloria Givilancz, Interim Finance Director; David Salinas, Public Utilities Director; Interim Police Chief Michael Kelly; Fire Chief Jimmy Cuellar; and several other staff members and citizens.

I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Wise called the meeting to order and certified the public notice of the meeting as properly posted Friday, August 31, 2012.

B. Invocation. Pastor David McCann from the First Presbyterian Church delivered the invocation.

C. Pledge of Allegiance. Mayor Wise recited the Pledge of Allegiance and the Texas Flag.

D. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the arrival of the Mayor Pro-Tem at 5:40 p.m.

II. PUBLIC HEARINGS

A. To solicit input regarding the City of Weslaco ad valorem property tax rate, assessed at the same rate as last year, $0.6967/$100.00 valuation, pursuant to §26.05(d) of the Texas Tax Code. Commissioner Noriega, seconded by Commissioner Garza, moved to open the public hearing as presented. The motion carried unanimously; Mayor Wise was present, but

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not voting. The City Manager explained the proposed tax rate is competitive; in the past it had been as high as $.80/$100.00, which drove away development. The total property values increased slightly over the last year, which means the effective tax rate dropped. There were no comments received from the public. Commissioner Garza, seconded by Commissioner Tafolla, moved to close the public hearing as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

III. CONSENT AGENDA The following items are of a routine or administrative nature. The City Commission has been furnished with background and support material on each item, and/or it had been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by one commission member, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Possible action.

A. Approval of the Minutes of the Regular Meeting of August 21, 2012; (Requested by City Secretary’s Office.) Attachment.

B. Approval on Second Reading of the following:

1) Ordinance 2012-17 establishing the candidate filing fee and hardship alternative for City of Weslaco municipal elections, and ordaining other matters with respect to the subject matter hereof. (First Reading held August 21, 2012; Requested by City Secretary’s Office.) Attachment.

2) Ordinance 2012-22 amending §1 of Ordinance 77-16 and §1 of Ordinance 67-10 by providing for a new schedule of rates to be charged for treated water delivered through the system of the Public Utilities Department of the City of Weslaco and providing for a new schedule of rates to be charged for the use of wastewater treatment facility of the City of Weslaco, and ordaining other matters with respect to the subject matter hereof. (First Reading held August 21, 2012; Requested by Public Utilities Department.) Attachment.

C. Authorization to utilize Federal Equitable Sharing funds in the amount not to exceed

$2,430.00 for court costs associated with the acquisition of seized vehicles as awarded to the Police Department, including one (1) 2006 Chrysler 300 Sedan Vin#2C3KA43R36H278360 and one (1) 2000 Ford Mustang Coupe Vin# 1FAFP42X5YF174524, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Requested by Police Department.) Attachment.

D. Approval of the request to close Texas Boulevard/FM 88 from Fifth to Sixth Streets from 4:00 p.m. to 12:00 a.m. on October 13, 2012 for the Eighth Annual Pan de Campo Fundraiser coordinated by the Weslaco Museum of Local History and Cultural Art, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by Museum). Attachment.

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Commissioner Garza, seconded by Commissioner Tafolla, moved to approve consent agenda items A, B1, C, and D as presented; Commissioner Noriega opposed item B1 as presented. The motion carried; Mayor Wise was present, but not voting. There was no action on item B as the City Manager requested additional time to fine-tune the rates.

For the record, the Ordinance read as follows: ORDINANCE NO. 2012-17

AN ORDINANCE ADOPTING PROVISIONS OF THE ELECTION CODE RELATED TO THE CONDUCTING OF GENERAL AND SPECIAL MUNICIPAL ELECTIONS; DEFINITIONS IMPLEMENTING FILING FEES AND ALTERNATIVE PROCEDURES; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR EFFECTIVE DATE, PROPER NOTICE OF MEETING, AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING

WHEREAS the community has over the years urged that the image of the City of Weslaco and its citizenry be improved by focusing on problem solving and the diverse exchange of ideas; and WHEREAS in accordance with the Weslaco City Charter the enumeration of powers granted and authorized by the charter shall not be held or deemed exclusive but shall be in addition to the powers appropriate for the exercise necessary of local self government and shall all powers granted by law constitution and ordinance; and WHEREAS pursuant to Texas Local Government Code §05011 the City has authority to adopt ordinances that are for the good government, peace, or order of the municipality or for the trade and commerce of the municipality and that are necessary to carry out powers granted to the City; and WHEREAS pursuant to the Texas Constitution article XI §5 and Texas Local Government Code §05712 the City as a home-rule municipality has full power of local self government; and WHEREAS Chapter 143 §01c0435 of the Texas Election Code authorizes a municipality can prescribe the payment of a filing fee and alternative payment procedures; and WHEREAS state and county entities prescribe filing fees to lessen the costs of elections; and WHEREAS the City of Weslaco expends and utilizes large sums of taxpayer funds and resources in preparation for and in furtherance of the conducting of municipal elections; and WHEREAS implementation of fees for filing and administrative costs will lessen the obligations and relieve the community of costs, labor, and resources for any and all general and special municipal elections; and WHEREAS any qualified elector seeking elected office would be required and charged with duties requiring a firm commitment, devotion, loyalty, and presence during official gatherings; and WHEREAS as an alternative to the payment of a filing fee a person may provide sufficient proof of such community dedication through community service in the City of Weslaco for a time period preceding such application. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION 1 DEFINITIONS

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Words and phrases used in this Ordinance shall have the meanings set forth in this Section unless the context of their usage clearly requires otherwise. Words and phrases that are not defined below shall be given their common ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense and vice versa; words in the plural number shall include the singular number and vice versa; and words in the masculine gender shall include the feminine gender and vice versa. Headings and captions are for reference purposes only.

Election shall mean and be defined herein as any general or special election that occurs regularly within the City of Weslaco or that occurs as a result of a failure to achieve a majority of the votes necessary in a general election (commonly referred to as a run-off) and a special election caused as a result of a petition that meets local and state requirements. This definition also incorporates by reference the meanings within the Texas Election Code and Texas Constitution.

Person shall mean and be defined for the purposes of interpreting, implementing, and

enforcing this ordinance as any qualified elector that timely submits an application for a place on the ballot for an election or who submits an instrument requesting or causing an election to occur.

Weslaco City Commission shall mean and be defined for the purposes of interpreting, implementing, and enforcing this ordinance as the Mayor and/or any Commissioner.

Qualified elector shall mean a qualified voter as defined by applicable statutory and constitutional provisions as may be amended from time to time. A qualified elector shall not include a person who is in default or delinquent to the City of Weslaco for any municipal funds owed at the time a timely application for a place on the ballot or instrument causing an election to occur is submitted or thereafter. SECTION 2 FEES AMOUNT, EXCEPTION, ALTERNATE PROCEDURE A. Effective the first day for filing an application for place on the ballot for the City’s 2012 General Election, prescribed July 21, 2012, there shall be charged a filing fee for any application to be submitted for each election to any place or position of the governing body also known as the Weslaco City Commission. The fee charged shall also be paid by any person or persons that cause an election to take place by virtue of submission of an instrument including but not limited to a petition as allowed by charter or applicable state or federal laws. A filing fee need not be paid if an election is caused as a result of the passage of any ordinance at the discretion of the governing body. B. The filing fee to be paid in accordance with subsection A of this ordinance shall be affixed by the Master Fee Schedule for each person that timely submits an application or instrument requesting or causing an election to occur. The fee shall be paid in full with sufficient funds attached to a timely application for a place on the ballot or other instrument causing an election to occur. C. The filing fee will be used by the municipality to offset the costs of conducting a general or special election including but not limited to the following: purchase or rental of voting machines, labor, goods, materials, professional and/or contracted services, promotion and advertising, postage, transportation, copying, legal fees, and education. D. The filing fee shall be reimbursable to each person that timely submits an application for a place on a ballot in which an election is not ordered by the Commission or to each person that timely submits an application for a place on a ballot and subsequently demonstrates evidence to satisfy the alternative to the payment of a filing fee no later than the last day to filing an application for a place on the same ballot. The filing fee is not reimbursable should the candidate subsequently withdraw from a place on the ballot nor is the fee transferable. E. As an alternative to the payment of a filing fee as required in subsections A and B of this ordinance a person shall attach to a timely application for a place on the ballot or other instrument causing an election to occur either of the following:

1. a sworn affidavit from an authorized representative of a legally formed 501c3 non profit organization located wholly or partly in the City of Weslaco that testifies to the

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following: a) legal name of the organization; b) declaration that the organization is currently a legally formed 501c3 non profit organization that has been located wholly or partly in the City of Weslaco for not less than an entire calendar year; c) identifies by name, address, and date of birth the person as having been authorized and approved to provide volunteer community service to the organization; and d) confirmation that the person performed not less than fifty (50) hours of community service, if he/she is seeking office as a City Commissioner to the organization without compensation during the calendar year immediately preceding the person’s submission of an application for a place on the ballot or submit a petition, prepared by the City Secretary, signed by at least 50 qualified voters of the District that person resides in; e) confirmation that the person performed not less than fifty (50) hours of community service, if he/she is seeking the office of Mayor or submit a petition, prepared by the City Secretary, signed by at least 250 qualified voters of the City of Weslaco; f) the City Secretary and City Manger shall verify the hours of service;

2. a sworn affidavit from the Weslaco City Secretary or designee or minutes approved from the City of Weslaco evidencing that the person has performed not less than fifty (50) or 250 hours of service, whichever is applicable, to the City of Weslaco by official means as an elected or appointed member of the governing body, board, committee, or commission or as a volunteer within certain departments without compensation during the calendar year immediately preceding the person’s submission of a timely application for a place on the ballot or other instrument causing an election to occur.

SECTION 3 SAVINGS CLAUSE Except as hereby amended any provisions of the code of ordinances or directives of the City of Weslaco, Texas not in conflict with this Ordinance shall remain in full force and effect unimpaired hereby. SECTION 4 SEVERABILITY CLAUSE The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part thereof. The effects of this Ordinance shall at all times be in compliance with state federal local and other guidelines as directed. SECTION 5 EFFECTIVE DATE, PUBLICATION The Ordinance shall take effect and be in force from and after its passage and approval on two (2) separate readings in accordance with the Charter of the City of Weslaco, Texas. Publication if necessary may also be in caption form as allowed. SECTION 6 PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time place and purpose of said meeting was given as required by the Open Meetings Act Chapter 551 of the Texas Government Code.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission

this 21st day of August, 2012.

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 5th day of September, 2012.

/s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

IV. APPOINTMENTS

A. Discussion and consideration to approve Resolutions 2012-57, 2012-58, 2012-59, and 2012-60 to fill the expired terms of four members on the Parks & Recreation Advisory Board. Possible action. (Requested by the Parks & Recreation Department.) Attachment.

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Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Resolution 2012-57 reappointing Daniel Moreno as a member of the Parks & Recreation Advisory Board. The motion carried unanimously; Mayor Wise was present, but not voting. Commissioner Noriega, seconded by Commissioner Garza, moved to approve Resolution 2012-58 appointing Howdy Smith as a member of the Parks & Recreation Advisory Board; the Mayor Pro-Tem and Commissioners Tafolla, Martinez, and Rivera opposed. The motion failed (204); Mayor Wise was present, but not voting. For the record, the Resolution reads as follows:

RESOLUTION NO. 2012-57

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD.

WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Daniel Moreno is appointed to serve a three year term on the Parks & Recreation Advisory Board and the term will begin on September 6, 2012 and end on September 5, 2015. PASSED AND APPROVED on this 5th day of September 2012.

/s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

V. NEW BUSINESS

A. Discussion and consideration to approve an Interlocal Cooperation Agreement to Share Joint Election Expenses with the Weslaco Independent School District during the General Election on November 6, 2012 pursuant to Texas Election Code Chapter 271 and as ordered by the City Commission on August 7, 2012, and authorize the Mayor to execute any related documents. Possible action. (Requested by City Secretary’s Office.) Attachment. The City Manager requested the election date be identified in the agreement. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

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B. Discussion and consideration to approve the Annual Work Plan and Budget for the Economic Development Corporation of Weslaco (EDC) Fiscal Year 2012-2013 as approved by the EDC Board of Directors on August 15, 2012. Possible action. (Requested by the Economic Development Corporation of Weslaco.) Attachment. Mr. Hernan Gonzalez stated the upcoming work plan seeks to affirm Weslaco as a vibrant business center, anticipating the completion of the event center in April 2013, the airport runway expansion, 100% occupancy downtown with an art gallery, more commercial development, particularly along Business 83, and a hike and bike trail. Mr. Gonzalez elaborated on the proposed budget, identifying the bond proceeds for the second phase of the event center, a conservative sales tax estimate, rent from the industrial complex, reduced interest rates on the 380 agreements, and the Valley Nature Center contribution. The budget is balanced and recommended by the board; he noted as a 4A entity it does pay property taxes on what it owns. The City Manager recommended approval as required by the Development Act. Mayor Pro-Tem Cuellar, seconded by Commissioner Garza, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

C. Discussion and consideration to approve a Professional Services Agreement as Medical Director with Roberto Sepulveda, M.D. and Heriberto Alanis, M.D. for Emergency Medical Services in an amount not to exceed $40,000.00/year and authorize the Mayor to execute any related documents. Possible action. (Requested by Fire Department.) Attachment. The City Manager recommended approval as a renewal to a two-year term that expires this month. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

D. Discussion and consideration to approve the purchase of material needed for repaving Ballard Street in an amount not to exceed $25,780.00 from the Street Improvement account 46-501-4010 and authorize a budget amendment as appropriate. Possible action. (Requested by Public Facilities Department.) Attachment. Mr. Efrain Tafolla with the Planning and Code Enforcement Department clarified this is a 1200 foot stretch from Texas Boulevard/FM 88 to the end of the Wal-Mart property, as the remainder of Ballard Street was recently repaved. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

E. Discussion and consideration to amend the City of Weslaco Investment Policy as recommended by the City of Weslaco Financial Advisor and authorize the Mayor to

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execute any related documents. Possible action. (Requested by Finance Department.) Attachment. The City Manager explained the policy was amended with Financial Advisor Anne Burger of FirstSouthwest to make the best municipal investments consistent with the Texas Public Fund Investment Act. Commissioner Noriega received clarification that in the absence of a finance director, assigned responsibilities are directed to the City Manager. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

VI. CITY MANAGER’S REPORT

A. Report on Departmental Update, Financial Status, Upcoming Meetings, Media Reports, and Public Feedback. Attachment. The City Manager announced the upcoming Clean Sweep effort on October 29 with the assistance of the Municipal Court Judges and Republic Services. He thanked HEB pharmacy for providing the recent flu shot clinic.

B. Report by Medical Financial Services. Ms. Benita Valadez of Medical Financial Services reported on collections March – July 2012, noting a decline in call volume because Winter Texans returned home. Due to changes in Medicaid reimbursements, she anticipates a decrease in $150,000.00 in payments to the City.

VII. PUBLIC COMMENTS There were no comments received.

VIII. EXECUTIVE SESSION At 6:19 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 6:51 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

IX. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Economic Development – Discussion with City Manager and the Executive Director of The Economic Development Corporation of Weslaco regarding an economic development project including the renaming of a local street for a national Hispanic figure as authorized by §551.087 of The Texas Local Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve renaming Paso del Norte as Delores Huerta Avnue. as authorized by §551.087 of The

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Texas Local Government Code. The motion carried unanimously; Mayor Wise was present, but not voting.

B. Contemplated Litigation – Discussion with the City Attorney involving the City of Weslaco Gibson Park pool property and potential or contemplated litigation regarding the acquisition of the property as authorized by §551.071 of the Texas Government Code. Commissioner Martinez, seconded by Commissioner Tafolla, moved to authorize City Attorney to retain special counsel to institute litigation regarding the Gibson Park Pool property. The motion carried unanimously; Mayor Wise was present, but not voting.

C. Land Acquisition – Discussion with the City Manager regarding the purchase and acquisition of real property located in the City of Weslaco as authorized by §551.072 of The Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Garza, moved to authorized City Manager and City Attorney to obtain an appraisal and return to the Commission for consideration of next action. The motion carried unanimously; Mayor Wise was present, but not voting.

X. ADJOURNMENT With no other business before the Commission, at 6:54 p.m. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to adjourn the September 5, 2012 meeting. The motion carried unanimously; Mayor Wise was present, but not voting.

CITY OF WESLACO

MAYOR, Miguel D. Wise ATTEST: CITY SECRETARY, Elizabeth M. Walker MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, Robert J. Garza

COMMISSIONER, Olga M. Noriega

COMMISSIONER, Gerardo “Jerry” Tafolla

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COMMISSIONER, Lupe V. Rivera COMMISSIONER, Joe A. Martinez

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Date of Meeting: September 18, 2012

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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Interlocal Agreement with Texas A&M University-Kingsville Discussion: Discussion and consideration to approve the Interlocal Agreement payment from Texas A&M University-Kingsville for the preparation of a Texas Pollutant Discharge Elimination System Stormwater Permit Application as described in Exhibit A. Scopes of services in the amount not to exceed $4,000.00. 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): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Texas A&M University-Kingsville Interlocal Agreement, Exhibit A. Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Public Utilities department.

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------------- Miguel D. Wise

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Date of Meeting: September 18, 2012

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

From (name, title, department and who submitting on behalf of, if any): Ramon Vela, Interim Human Resources Director Subject: Discuss/ consider to approve the 2013 Calendar Year City of Weslaco Holiday Schedule. Possible Action. 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: Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): 2013 Holiday Schedule on letterhead (in Word format) Responsibilities upon Approval:

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2013 Holiday Schedule

HOLIDAY DATE CELEBRATED

DAY

NEW YEARS DAY 1/1/2013 TUESDAY

MARTIN LUTHER KING JR. 1/21/2013 MONDAY GOOD FRIDAY 3/29/2013 FRIDAY

CESAR CHAVEZ DAY 4/1/2013 MONDAY MEMORIAL DAY 5/27/2013 MONDAY

INDEPENDENCE DAY 7/4/2013 THURSDAY LABOR DAY 9/2/2013 MONDAY

VETERANS DAY 11/11/2013 MONDAY THANKSGIVING DAY 11/28/2013 THURSDAY

DAY AFTER 11/29/2013 FRIDAY CHRISTMAS EVE 12/24/2013 TUESDAY CHRISTMAS DAY 12/25/2013 WEDNESDAY

Actual Calendar Days

• César Chávez Day falls on a Sunday. 4.02 HOLIDAYS FALLING ON SATURDAY OR SUNDAY Whenever an authorized paid holiday listed above falls on a Saturday, the Friday before will be the paid holiday. If the holiday falls on a Sunday, the following Monday will be the paid holiday. Employees who are regularly scheduled to work on Saturdays or Sundays, however, will treat the Saturday or Sunday, as applicable, as the holiday. If two holidays fall consecutively on a Friday and Saturday, the Thursday before will be observed as a holiday along with the Friday. If two holidays fall consecutively on a Sunday and Monday, the following Tuesday will be observed as a holiday along with the Monday.

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Date of Meeting: September 18, 2012

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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official for City of Weslaco, on behalf of Adobe Construction, LLC. Subject: Discussion and consideration to accept a Utility Easement Dedication for Midway Court Subdivision, also being a 0.068 of one acre of land out of Farm Tract 644, Block 177, West and Adams Tract Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting acceptance of a utility easement dedication for Midway Court Subdivision. 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): N/A Staff Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): RPLS exhibits. Responsibilities upon Approval: Planning staff will advise applicant.

Standardized Agenda Request Form

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September 11, 2012 Ms. Elizabeth Walker City Secretary, City of Weslaco 255 S. Kansas Weslaco, TX 78596 Dear Ms. Walker, On behalf of the wellness program at IDEA Public Schools, I would like to request that the following item be placed on the City Commission agenda for September 18, 2012: The second annual IDEA Wellness 5K run/walk and community health fair is tentatively scheduled for Saturday, February 16, 2013. This event will be open to the entire community. We would like to utilize different areas of the Harlon Block Sports Complex on 18th Street from 5:00 a.m. to noon. We are requesting permission to plan the 5k route around the park, east on 18th street, north on Border, east on 12th street, south on Texas Blvd, and then west on 18th street back to the park. We request the use of the pavilion and park grounds for our community health fair and post race festivities. We are requesting a waiver of any fees and ordinances associated with the event. The IDEA Wellness 5k run/walk and health fair will be open to all residents in the Rio Grande Valley and proceeds will benefit the wellness program at IDEA Public Schools. The wellness program offers nutrition education and provides opportunities for physical activity and school gardening to K-12 grade students in the school district. The program also works with parents to promote healthy lifestyle choices for families. The wellness program at IDEA does not receive any public funds for its activites; the program is funded entirely through grants.

We also request support from the Weslaco Parks Department, Public Works Department, Police Department, Fire Department and the EMS to make the event as safe as possible to include possible street closure and/or police escort. Sincerely, Ashley Dickerson Project Manager—Health and Wellness IDEA Public Schools Cc Leonardo Olivares, City Manager Cc Santiago Cuellar, Fire Chief Cc Juan Sifuentes, Police Chief

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Date of Meeting September 18, 2012

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

From (name, title, department and who submitting on behalf of, if any): Erasmo P. Lozano, Interim Parks Director Subject: Mid Valley Youth Soccer League Contract-Amendment Discussion: Discussion and consideration to amend the use of the City Park Soccer Fields for the Mid Valley Youth Soccer League Contract and approve the use of the Soccer Fields at the Harlon Block Sports Complex Park. 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): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Proposed contract. Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

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Page 53 September 18, 2012

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STATE OF TEXAS * * COUNTY OF HIDALGO * LEASE AGREEMENT OF CITY * PROPERTY CITY OF WESLACO * On this ___ day of ________, 2012, THE CITY OF WESLACO, a municipal corporation located in Hidalgo County, Texas, hereinafter called "CITY" and the Mid Valley Youth Soccer League, hereinafter called "CLUB" enter into this Lease Agreement for the lease of city property under the following terms: 1. The City leases to the CLUB certain real property physically located at the Harlon

Block Sports Complex Park on 18th Street. 2. The term of this lease shall be for one (1) year beginning January 1, 2012, and

ending December 31, 2012. In consideration of the lease of the CITY property the "CLUB" agrees as follows: 1. That the CLUB will not construct any permanent buildings or improvements on the

real property subject of this lease agreement. 2. That the CLUB will not sublet the leased property or sign this lease to any other

party without the written consent of the CITY OF WESLACO. 3. The CLUB agrees and understands that the real property, the subject of this lease

agreement, will be used exclusively for soccer games. 4. The CLUB will hold the CITY OF WESLACO harmless for any injuries that are

sustained by any person either playing or watching the playing of soccer on this real property.

5. That the CLUB will carry liability insurance and said insurance will include the

CITY OF WESLACO in its policy. 6. That the CLUB will be entitled to possession of the leased property immediately

upon execution of this lease agreement. 7. That the person signing on behalf of the team is authorized to execute this lease

agreement with the CITY OF WESLACO. 8 The “CLUB” shall endeavor to assist the CITY in providing a safe and clean

complex for participant and spectator. 9. One (1) vehicle shall be allowed to be parked next to concession stand for the

purpose of carrying equipment & supplies and security all Other automobiles or other vehicles will park in areas designated for such purpose by City to provide

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adequate parking. 10. The “CLUB” will provide the City an accounting of all monies collected in registration

fees and all concession stand revenues and all the expenses incurred. Any time the City requests such accounting.

11. The “CLUB” is responsible for scheduling soccer games with The Rio Valley

Youth Soccer Association and providing adult supervision at all scheduled soccer activities.

12. The “CITY” shall have the right to decide when the soccer field is unplayable due

to current or anticipated weather conditions. 13. The ‘CLUB” will file with the Parks and Recreation Department, officers and

appropriate contact phone numbers for the purpose of directing public inquires to the proper authorities regarding this program.

14. The ‘CLUB” shall report any repairs or potential hazards to the Parks and

Recreation Department 15. City will maintain the Soccer fields; including mowing and marking when

possible & maintenance scheduling will be determined by City upon advanced receipt of written practice and CLUB game schedules.

16. City undertakes no Responsibility to obtain sponsors for “CLUB” activities.

17. City employees will not be allowed to participate in Association activities as Officers.

IN WITNESS WHEREOF, the undersigned hereby execute this lease agreement as of the day and year first above written. CITY OF WESLACO _______________________ MIGUEL D. WISE, Mayor ATTEST: ___________________________________ ELIZABETH M. WALKER, City Secretary MID VALLEY YOUTH SOCCER LEAGUE By:_________________________________ ATTEST: By:_______________________ RAMON VELA, City Attorney

Weslaco City Commission Regular Meeting

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Date of Meeting September 18, 2012

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

From (name, title, department and who submitting on behalf of, if any): Erasmo P. Lozano, Interim Parks Director Subject: City of Weslaco: Movies at the Park Discussion: Discussion and consideration to approve the Movies on the Park contract for Martin Garcia at the Weslaco City Park for September 22, 2012 and to waive associated fees for the Food Vendor Application/Permit for the amount not exceeding $95.00. 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): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Event Flyer, Letter addressed to Martin Garcia from SWANK MOTION PICTURES, Inc. along with Invoice of movies purchased; sponsored by numerous sponsors, contract. Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

Standardized Agenda Request Form

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Page 66 September 18, 2012

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RESOLUTION NO. 2012-58

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD.

WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve a three year term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2012 and end on _____________, 2015. PASSED AND APPROVED on this 18th day of September 2012.

CITY OF WESLACO

Miguel D. Wise, MAYOR

ATTEST: Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY

Weslaco City Commission Regular Meeting

Page 67 September 18, 2012

RESOLUTION NO. 2012-59

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD.

WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve a three year term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2012 and end on _____________, 2015. PASSED AND APPROVED on this 18th day of September 2012.

CITY OF WESLACO

Miguel D. Wise, MAYOR

ATTEST: Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY

Weslaco City Commission Regular Meeting

Page 68 September 18, 2012

RESOLUTION NO. 2012-60

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD.

WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; however, following the restructuring of this Board to consist of seven members, this term shall be assigned for two years so that terms are staggered such that no quorum of members expires simultaneously; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve a two year term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2012 and end on _____________, 2014. PASSED AND APPROVED on this 18th day of September 2012.

CITY OF WESLACO

Miguel D. Wise, MAYOR

ATTEST: Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY

Weslaco City Commission Regular Meeting

Page 69 September 18, 2012

Weslaco City Commission Regular Meeting

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FIRST NAME LAST NAME TERM EXPIREDMike Givilancz 9/30/2012David Suarez 9/30/2014Leticia Gonzalez-Aleman 9/30/2014Humberto Garza 9/30/2013Fidel Luis Pena III 9/30/2012Richard Lehman 9/30/2012Arval M. Moses 9/30/2012

INTERESTED YES/NO FIRST NAME LAST NAME HOME PHYSICAL ADDRESS

APPLICATION DATE

YES Sergio Lozano 956-969-3868 2309 Spicewood Dr 5/21/2009YES Leticia Lopez 956-490-5559 1315 Clifton 8/4/2010YES Ramon "Mone" Montalvo III 956-968-0173 6156 N Texas 8/8/2008YES Nicolas Carranza 956-792-4733 508 Delma St 6/21/2011

SERVES ON P&Z BOARD Randy Summers 956-968-4660 1307 S Texas Blvd 10/14/2010

NOT A WORKING # Alfonso Cabanas 956-969-5873 1019 Honeytree 1/2/2003NO LONGER QUALIFIES Arturo C. Cuellar 956-565-2127 1700 E 28th St 9/7/2007

NO CONTACT # Freddy R Flores 9/21/2010Joe I Cardenas 956-968-7987 1621 Misty Lane 10/18/2011Francisco J. Garza 956-793-7192 2613 Woodland Drive 6/29/2011Yvonne Ortegon 956-463-0945 1118 W 3rd St 6/30/2011Joe M. Hernandez 956-388-2132 1307 Mango Court 12/27/2011Humberto Garza 956-975-6490 877 Quail Hollow Drive 2/16/2012Benita R Valadez 956-778-7828 1002 Bella Vista 12/27/2011Mari Fuentes-Martin 956-463-5706 2010 Frost Lane 9/13/2012

Narrative

Meeting DateThe Economic Development Corporation of Weslaco meets on the 3rd Wednesday of every month at 7:30 A.M. at the Visitors Business Center, in The Board Room

The Economic Development Corporation of Weslaco is a non-profit Corporation specifically governed by the Texas Development Corporation Act of 1979, as amended. The purpose of the Economic Development Corporation of Weslaco is to promote, assist, and enhance economic and industrial development in accordance with the Articles of Incorporation and shall develop an overall economic and industrial development strategy for the City.

ECONOMIC DEVELOPMENT MEMBERS

APPLICANTS

Weslaco City Commission Regular Meeting

Page 72 September 18, 2012

RESOLUTION NO. 2012-61

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO

WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ___________________ is appointed to a term as a member of the Board of Directors of the Economic Development Corporation of Weslaco from Place 3 and the term will expire on September 30, 2015. PASSED AND APPROVED on this 18th day of September, 2012.

CITY OF WESLACO

_____________________________ Miguel D. Wise, MAYOR

ATTEST:

____________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________ Ramon Vela, CITY ATTORNEY

Weslaco City Commission Regular Meeting

Page 73 September 18, 2012

RESOLUTION NO. 2012-62

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO

WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ___________________ is appointed to a term as a member of the Board of Directors of the Economic Development Corporation of Weslaco from Place 6 and the term will expire on September 30, 2015. PASSED AND APPROVED on this 18th day of September, 2012.

CITY OF WESLACO

_____________________________ Miguel D. Wise, MAYOR

ATTEST:

____________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________ Ramon Vela, CITY ATTORNEY

Weslaco City Commission Regular Meeting

Page 74 September 18, 2012

RESOLUTION NO. 2012-63

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO

WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ____________________________ is appointed to a term as a member on Place 7 of the Board of Directors of the Economic Development Corporation of Weslaco and the term will expire on September 30, 2015. PASSED AND APPROVED on this 18th day of September, 2012.

CITY OF WESLACO

_____________________________ Miguel D. Wise, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________ Ramon Vela, CITY ATTORNEY

Weslaco City Commission Regular Meeting

Page 75 September 18, 2012

ORDINANCE NO. 2012-24

AN ORDINANCE LEVYING AN AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY OF WESLACO, TEXAS FOR THE TAX YEAR 2013, FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE GENERAL GOVERNMENT AND FOR THE INTEREST AND SINKING FUND FOR THE REDEMPTION OF BONDS AND OTHER INDEBTEDNESS OF THE CITY OF WESLACO, TEXAS, PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND FIXING A LIEN ON ALL TAXABLE PROPERTY.

BE IT ORDAINED BY THE CITY OF WESLACO, TEXAS:

I.

THAT, there shall be and it is hereby levied on all property whether, real, personal or mixed, within the corporate limits of the City of Weslaco, Texas, not otherwise exempt, an ad valorem tax for the year 2012 ($0.1951) on each one hundred dollar valuation of property for the purpose of paying interest on and providing a sinking fund for the redemption of outstanding indebtedness of the City of Weslaco as follows: 2010 Certificate Obligation Refunding Bonds 0.0368 2003 Certification of Obligation Bonds 0.1162 2007 Certification of Obligation Bonds 0.0421

$0.1951

II.

THAT, there shall be and is hereby levied on all property, whether, real, personal or mixed, within the City of Weslaco, Texas, not otherwise exempt, an advalorem tax for the year 2012 ($0.6967) on each one hundred dollar valuation of such property for the purpose of paying current expenses for the maintenance of public parks and other improvements and purposes as provided by the Charter of the City of Weslaco, Texas, and the laws of the State of Texas. THIS TAX RATE WILL DECREASE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL DECREASE FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $2.30.

III.

THAT there is hereby fixed on each and every item of taxable property a lien for the purpose of securing the payment of the taxes assessed thereon, and said lien shall continue to exist against any item of property against which a tax is assessed here under until such tax, together with all interest shall be paid.

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IV.

THAT, there be and is hereby levied and ordered collected an annual occupational tax on fifty percent (50.0%) of the State Occupation Tax on each occupation taxed by the State of Texas,

V.

IF, any person shall neglect or refuse to pay the taxes herein imposed on him or his property, on or before January 31, 2013, the tax collector shall apply the following schedule of penalty and interest rates for use in calculating the total amount due on delinquent tax bills: February 2013 7.0% March 2013 9.0% April 2013 11.0% May 2013 13.0% June 2013 15.0% July 2013 18.0%

PASSED AND APPROVED on first reading at a special meeting of the City Commission this 13th day of September 2012.

PASSED AND APPROVED on second reading at a special meeting of the City Commission this 27th day of September 2012.

CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR

ATTEST:

__________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

___________________________________ Ramon Vela, CITY ATTORNEY

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Date of Meeting: May 1, 2012

Agenda Item No. (to be assigned by CSO): II. A. and V. A.

From (name, title, department and who submitting on behalf of, if any): Jorge A. Gonzalez, P.E., C.F.M., Planning Director/City Engineer, on behalf of Scott Baxter. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1725 S. Texas Blvd., also being 13.468 acres of land out of Farm Tracts 675 and 679, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” 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 [ ] 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: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on April 2, 2012. Forty-five (45) property owners within 200 ft. of the applicant’s property were notified by letter on April 5, 2012. A petition was submitted. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/18/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends approval 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

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ORDINANCE NO. 2012-13 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1725 S. TEXAS BLVD., ALSO BEING 13.468 ACRES OF LAND OUT OF FARM TRACTS 675 AND 679, 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,” 13.468 acres of land out of Farm Tracts 675 and 679, also being 1725 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 18th day of September, 2012. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 2nd day of October, 2012. CITY OF WESLACO Miguel D. Wise, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY

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Miguel D Wise, Mayor John F. Cuellar, Mayor Pro-Tem, District 2 Robert J. Garza, 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 18 September 2012 Departmental Update • Public Utilities

o The OMI’s $2.3 million contract for operating water and wastewater treatment plants (and 52 lift stations) expires September 2013. OMI is requesting a contract extension of either 4 or 5 years. The City is negotiating potential cost savings and a possible change in the scope of service.

o Republic is requesting five additional years to their existing $2.4 million contract, which currently has three years pending. Republic is proposing a reduction in the solid waste service and the brush service with corresponding reductions in costs. Negotiations are continuing.

• Police

o The Department continues to work on negotiations for the Collective Bargaining Agreement (CBA) between the Weslaco Municipal Police Union (WMPU) and the City. Currently approximately 80% of the contract has been Tentatively Agreed (TA); the only issues are: 1) Increasing base salaries by $1,000; 2) Increasing seniority pay; 3) Lowering hours from 43 to 40/week; and 4) Contract term of 1 to 3 years. Negotiations have been executed with the legal assistance of Ramon Vela rather than utilizing labor attorneys.

• Fire o The Department continues negotiations for the CBA between Weslaco Firefighters

Association (WFFA) Local #3207 and City. Negotiations are proceeding at a slow pace. Both Police and Fire CBAs must be approved by September 30.

• Public Facilities o The Department has completed the repaving of East Ballard Street between North Texas

Boulevard and Academy Sports and Outdoors. o Street maintenance projects will continue with two sections in Hidden Valley Estates, which

includes the reconstruction of valley gutters as well as the repaving of Paisano Lane West of Texas Boulevard.

• Upcoming Meetings & Events

o TxDOT Public Hearing on Airport (September 17; Legislative Chamber) o Town Hall Meeting, Hidalgo County Judge Ramon Garcia (Legislative Chambers;

September 19)

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o World Waterpark Association 32nd Annual Symposium & Trade Show (Las Vegas; Nevada, October 2-5)

o ICMA’s 98th Annual Conference (Phoenix, Arizona; October 7-10) • Media/Public Feedback

o Weslaco Candidates eye City Commission seats (The Monitor, September 03) o Weslaco Museum to hold Mexican Independence Day Celebration (The Monitor, September

10) o Heart & Soul Spur Economic Development (Valley Business Report, September 2012)

• Attachments o City Budget Hearings and Meetings Schedule (September) o Budget Summary o Status and Summary of 380 and Sales Tax Agreements

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EXECUTIVE DIRECTOR’S REPORT TO WESLACO CITY COMMISSION

September 2012 1. Chuck E. Cheese

The building is ninety percent (90%) complete. The opening is scheduled for late October. Great family entertainment.

2. Mi Casa Apartment Complex

Additional apartments are being constructed at the Robert Perales complex. When complete, there will be seventy-eight (78) apartments in the project. The EDC provided funding for Plaza Los Encinos Drive, the north-south street, to make development possible in the area.

3. South Texas College

South Texas College is not only an institution of higher learning and workforce development, it represents a significant payroll in the community. A recommendation by the EDC to the City Commission to abandon a portion of Railroad Street to benefit the college is still pending.

4. El Cid

The building located at 535 South Texas has been completely remodeled. The EDC provided a Five Thousand Dollar ($5,000.00) Façade Grant.

5. Marines Development

The Marines family purchased the historic building south of the bakery on South Texas. The first step in the redevelopment and expansion of the bakery is the façade improvements.

6. Fire Guard

A new building in the Mid-Valley Industrial Park will house Fire Guard. The company is related to Trinity Engineering. The five thousand square foot (5,000√) building will house Fire Guard and will accommodate two other businesses.

7. Rio Grande Builders

A three thousand square foot (3,000√) spec industrial facility is now available. Industrial space is a good investment for this trade area.

8. 8-80 Cities

The 8-80 Cities is an initiative to make communities more bike and walker friendly. We will be working to apply this philosophy to see what can be adapted to Weslaco. Hike and bike systems are important to economic development.

9. Sales Tax The sales tax receipt for September was a whopping 18.2% increase over last year. This fiscal year will end with a 7.6% increase. The trend continues to be very positive.

HG:mg 9/1312

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Weslaco Chamber of Commerce Activities Report – August 2012

For the Weslaco Chamber Board, Weslaco City Commission

HOTEL/MOTEL BUDGET PROMOTIONAL ACTIVITIES Advertising & Promotion - The Chamber placed a full-page color ad in fall edition of Texas Meetings & Events magazine to promote Weslaco as a

destination for meetings. Advertising will continue for a year in the magazine that is targeted to 10,000 meeting and event planners in Texas. The magazine is also writing an article on meeting facilities on the border. We have included information on all that Weslaco has to offer.

- The Chamber placed a 2/3 color ad in Bird Watchers Digest for Nov/Dec issue. - The Chamber placed a full-panel ad in the RGV Attractions Map. 30,000 copies are printed and distributed Valley-wide.

WESLACO AREA CHAMBER COMMITTEE ACTIVITIES Weslaco Beautiful - Weslaco Beautiful selected McDonalds on Business 83 as the Commercial Beautification Award of the month, and

home of Ramon and Sandy Vela for the Residential Yard of the Month. Gala Committee - The Annual Chamber Gala fund raiser was held on August 25th at Victoria Palms Resort. Sponsors for the event were:

Payne Auto Group, Valley Grande Institute, Weslaco EDC, Collision Center, Frost Bank, J-III Concrete, Knapp Medical Center, Magic Valley Electric, McAfee Insurance, Neuhaus & Company, State Farm Insurance-Ruben Cardenas, Burton Auto, Rio Bank, Cain Customs Brokers, Total Lawn Care, Davis Equity, Edwards Abstract, Holiday Inn Express and Montalvo Insurance. 150 tickets were sold.

Leadership Mid Valley - The deadline for applications is September 21st. Applications are now available at the Chamber or online at

www.weslaco.com. Member Services - The Chamber held a mixer to recognize newly appointed Weslaco ISD superintendent Dr. Ruben Alejandro on August

22nd. 120 persons attended. The Mixer was sponsored by Montalvo Insurance and the Law Office of Fernando Saenz. Advertising Committee - The Weslaco Chamber Advertising Committee met on Aug. 29th to plan year-end advertising. The committee discussed

the cover and theme for this year’s Weslaco Magazine and Weslaco Map. The magazine cover photo will be of the historic fire station and the cover for the map will be a specialty Weslaco bird (oriole or parrot). The committee also discussed a downtown advertising flyer to be produced in coordination with Mid Valley Town Crier.

Chamber Calendar Aug 8 – Chamber Called Board Meeting, 4 pm Aug 13 – Weslaco Beautiful Committee, 4 pm Aug 14 – Tourism Coop Meetings, 2 – 5 pm Aug 15 – Gala & Exec Board Meeting, 12 noon Aug 15 – Chamber Board Meeting 4 pm Aug 15 – EDC Board, Chamber Report, 6 pm Aug 20 – Beautification Awards, McDonalds, Vela 10 am

Aug 21 – Gala Committee, 12 noon Aug 21 – City Commission, Chamber Report, 5:30 pm Aug 22 – Reception for WISD Superintendant, 5:30 pm Aug 25 – Chamber Gala, Victoria Palms Resort, 6:30 pm Aug 28 – Member Services, 12 noon Aug 29 – Advertising Committee, 12 noon

August 2012 Editorial ReportDate Publication Content Photo 8-Aug Mercedes Enterprise TFEA Awards 1

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12-Aug The Monitor TFEA Awards 1 12-Aug The Monitor Rentals at Visitors Center, new event center 1 15-Aug Mid Valley Town Crier TFEA Awards - Feature 1 24-Aug Texas Border Business online August Beautification winners 2 26-Aug Mid Valley Town Crier Chamber Page 5 Sept/Oct Texas Journeys Magazine Cover & Lead story on World Birding Centers (Estero Llano Grande) Result of South Texas Nature journalist program 4 pgs Literature Distribution Oct 2004 – August 2012: (doesn’t include what is distributed in the Chamber office)

MAPS WESLACO BROCHURE & LODGING

GREEN LITERATURE BAGS

WESLACO VISITORS MAGAZINE

DINING DIRECTORY

NATURE HOT SPOTS BROCHURES

VNC BROCHURE AUDUBON BROCHURE

DFD & ONION FEST RACK CARD

MAIN STREET BROCH.

2004- 05 4,879 14,533 NA 9,258 699 5,170 435 4,274 1,871 2005-06 4,799 12,292 NA 9,275 1,979 4,413 1,806 2,191 4,207 2006-07 1,668 10,925 NA 6,456 2,457 9,701 1,692 2,749 7,061 2007-08 1,586 6,016 NA 1,460 1,283 2,596 436 416 14,956 6,496 2008-09 3,985 1,291 NA 9,224 1,918 2,079 81 17 14,452 814 2009-10 3,499 10,527 2,305 6,343 1,627 9,645 130 122 20,635 445 2010-11 3,967 3,302 959 9,247 507 5,879 7 60 17,535 206 Oct 2011 627 85 600 651 0 1 1 1 0 0 Nov 2011 12 401 12 21 25 201 0 0 0 0 Dec 2011 325 800 3 785 250 601 1 1 n/a 0 Jan 2012 287 270 0 420 0 201 1 1 n/a 0 Feb 2012 40 92 0 17 0 3 1 1 n/a 0 Mar 2012 5 79 0 23 0 0 0 0 n/a 0 April 2012 24 28 320 21 0 26 0 0 n/a 0 May 2012 90 269 0 2,013 0 251 0 0 n/a 40 June 2012 300 550 300 185 0 50 0 0 n/a 0 July 2012 1 775 0 176 0 0 0 0 n/a 0 Aug 2012 1 11 0 16 0 0 0 0 n/a 0

Other items distributed and tracked include: pens, pencils, bags, birding maps, key chains, bird & butterfly pins, etc.

Literature & Convention Material Distribution July 2012 Items August 2012 Items September 2012 Items

Library Reading Program 500 Weslaco Fire Dept. 100 Hidalgo Chamber of Commerce 339 Deluxe Inn & Suites 100 Softball League Nationals, Mandeville, LA 60 Palm Aire Hotel & Suites 100 Tx Travel Info Ctr, Texarkana 500 Fairfield Inn & Suites 100

First Presbyterian Church 270

WISD Information Fair 300

Holiday Inn Express 500

Total 780

1,470

Visitor Registration OCT 03 NOV 03 DEC 03 JAN 04 FEB 04 MAR 04 APR 04 MAY 04 JUNE 04 JULY 04 AUG 04 SEPT 04 124 410 769 1,536 1,410 775 141 37 41 20 10 20 5,293 OCT 04 NOV 04 DEC 04 JAN 05 FEB 05 MAR 05 APR 05 MAY 05 JUNE 05 JULY 05 AUG 05 SEPT 05 201 582 617 1,598 2,120 1,457 345 104 88 105 67 76 7,360 OCT 05 NOV 05 DEC 05 JAN 06 FEB 06 MAR 06 APR 06 MAY 06 JUNE 06 JULY 06 AUG 06 SEPT 06 176 712 1,035 2,228 2,391 1,825 177 80 58 78 75 114 8,949 OCT 06 NOV 06 DEC 06 JAN 07 FEB 07 MAR 07 APR 07 MAY 07 JUNE 07 JULY 07 AUG 07 SEPT 07 283 819 1,066 2,221 2,118 1,595 223 117 140 304 78 353 9,317 OCT 07 NOV 07 DEC 07 JAN 08 FEB 08 MAR 08 APR 08 MAY 08 JUNE 08 JULY 08 AUG 08 SEPT 08 427 854 1,110 2,386 1,947 1,117 390 88 148 190 180 159 8,996 OCT 08 NOV 08 DEC 08 JAN 09 FEB 09 MAR 09 APR 09 MAY 09 JUNE 09 JULY 09 AUG 09 SEPT 09 367 671 1,210 2,375 2,555 1.397 344 85 133 172 179 189 9,677 OCT 09 NOV 09 DEC 09 JAN 10 FEB 10 MAR 10 APR 10 MAY 10 JUNE 10 JULY 10 AUG 10 SEPT 10 370 814 1,173 2,225 2,282 1,592 189 102 127 176 179 108 9,337 OCT 10 NOV 10 DEC 10 JAN 11 FEB 11 MAR 11 APR 11 MAY 11 JUNE 11 JULY 11 AUG 11 SEPT 11 478 849 1,229 2,104 2,066 1,626 175 85 134 140 85 76 9,047 OCT 11 NOV 11 DEC 11 JAN 12 FEB 12 MAR 12 APR 12 MAY 12 JUNE 12 JULY 12 AUG 12 SEPT 12 213 618 843 1,323 1,772 862 139 178 176 191 122

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Advertising & Promotion (Oct 2011 – Sept 2012)OCTOBER 2011 Lamar Outdoor (281 Billboard) $832 Benchmark Outdoor (Exp 83 Billboard) $1,200 WT Times Park Guide $1,125 NOVEMBER 2011 Lamar Outdoor (281 Billboard) $1,664 Benchmark Outdoor (Exp 83 Billboard) $2,400 Texas Travel Information File Folder $450 South Texas Nature annual membership $2,200 South Texas Nature British Birding Fair ad $500 De Shopping, ½ pg ad November $500 Austin Monthly magazine, 1/6 pg Sept $400 DECEMBER 2011 Liz Gonzalez, Graphics for Christmas $674 Lamar Outdoor (281 Billboard) $832 De Shopping, ½ pg ad December $500 Shop VIP Magazine (Sept. full pg) $1,250 JANUARY 2012 Lamar Outdoor (281 Billboard) $832 Benchmark Outdoor (Exp 83 Billboard) $1,200 Justin Wallace Photography (ad photos) $575 Texas Travel Industry File Folder (annual) $450 Greg Schuller, poster delivery to MH/RV $700 Copy Rite (posters for MH/RV Parks) 79.00 Mid Valley Town Crier(Christmas Parade ad) $450 Winter Texan Times (Christmas Parade ad) $965 The Monitor (Christmas Parade ad) $1,049 Mid Valley Town Crier (Christmas Parade ad)$1,300 FEBRUARY 2012 Liz Gonzalez – graphic design $375 Benchmark Outdoor billboards $4,000 KC Advertising – Bags for tourists & conventions $2,019 MARCH 2012 Liz Gonzalez – graphic design $75 Tri-Star Directories (BBB)ad $90 De Shopping, ½ pg March $500 Shop VIP, ½ pg, Feb $575 Shop VIP, Facebook ad, February $50 Shop VIP, ½ pg March $575 Shop VIP, Facebook ad, March $50 Tejas y Turismo Cover & Central pgs, Mar 23 $2,500 Benchmark Outdoor billboards $2,100 APRIL 2012 De Shopping ½ pg April $500 Shop VIP, ½ pg April $500 Benchmark Advertising – 2 snipes for Onion Fest $1,200 MAY 2012 Benchmark Outdoor billboards $2,400 Graphic Design $206.25 Winter Texan Times Visitors Guide $1,170 Shop VIP, ½ pg Apr $575 Shop VIP, Facebook ad Apr $50

Shop VIP, ½ pg May $575 Shop VIP, Facebook ad May $50 Shop VIP, ½ pg June $575 Shop VIP Facebook ad $50 BiBiSi LLC, mobile website development $600 JUNE 2012 Hidalgo County Tourism Cooperative $2,000 RGV Film Commission $750 JULY 2012 De Shopping, ½ pg July $500 Shop VIP, ½ pg, July $575 Shop VIP, Facebook ad, July $50 Tejas y Turismo ½ pg ad, July $500 City of Weslaco (bus wrap) $6,000 Benchmark Outdoor billboards $4,800 Liz Gonzalez (graphic design) $542.75 AUGUST 2012 British Bird Fair Rack Card Ad $500 11x17 map printing $1,830.65 RGV Attractions Map Ad $1,885 Benchmark Outdoor billboards $2,100

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YTD ANNUAL PERCENTACTUAL BUDGET UTILIZED

Contractual Income 198,000 198,000 100.00%

TOTAL INCOME 198,000 198,000 100.00%

ADVERTISING General Advertising 7,489 20,025 37.40% Winter Texas Advertising 4,965 5,200 95.48% Nature Tourism 2,903 5,700 50.93% Mexico Marketing 10,125 14,600 69.35% Texas/Domestic Advertising 30,460 36,000 84.61%SPECIAL EVENTS Special Events 6,559 7,000 93.70% Sporting Events Promotional Items - 1,000 0.00% Downtown Promotion - 2,500 0.00%CONVENTION AND TRADE SHOWS Convention Sales & Services 2,272 6,400 35.50%OPERATIONAL EXPENSES Accounting & Financial Review 4,620 5,400 85.56% Rent/Maintenance for Visitor Center 10,808 10,400 103.92% Commercial Insurance 2,818 3,000 93.93% Membership & Dues 2,202 2,600 84.69% Postage 6,831 8,500 80.36% Telephone 5,452 5,800 94.00% Bank Charges 25 - n/a Auto Expense 1,278 2,000 63.90%ADMINISTRATIVE EXPENSES Salaries & Wages 55,000 55,000 100.00% Payroll Taxes 6,000 6,000 100.00% Health Insurance 8,580 9,000 95.33%STAFF DEVELOPMENT Staff Development 3,958 5,000 79.16%OTHER To be reimbursed 1,244 - n/a Advertising from Prior Period Budget - - n/a

TOTAL EXPENSE 173,589 211,125 82.22%

CHANGE IN NET ASSETS 24,411$ (13,125)$ n/a

See Accompanying Accountant's Report

HOTEL/MOTEL

WESLACO AREA CHAMBER OF COMMERCECASH BUDGET VS ACTUAL CASH EXPENDITURES

FOR THE TEN MONTHS ENDED JULY 31, 2012

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