12-10-16 agenda supplements

Date of Meeting: October 16, 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 First Baptist 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 October 16, 2012

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



A SPECIAL MEETING OF THE WESLACO CITY COMMISSION

Thursday, September 27, 2012

On this 27th day of September at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in Special 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 Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe V. Rivera

Commissioner Joe A. Martinez

City Manager Leonardo Olivares City Secretary Elizabeth Walker

Special Counsel Bobby Perez Also present: Rey Garcia, IT Director; Gloria Givilancz, Assistant Finance Director; David Salinas, Public Utilities Director; Erasmo Lozano, Interim Parks Director; Veronica Ramirez, Interim Human Resources Director; Fire Chief Jimmy Cuellar; Interim Police Chief Michael Kelley; Arnold Becho, Library Director; Rosa Huerta, Court Administrator; and 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 Monday, September 24, 2012.

B. Pledge of Allegiance. Mayor Wise recited the Pledge of Allegiance.

C. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the absence of Commissioner Garza and the attendance of Special Counsel Bobby Perez for the City Attorney.

II. PUBLIC HEARINGS

A. To solicit comments regarding the proposed Municipal Budget for the City of Weslaco for the fiscal year beginning October 1, 2012 and ending September 30, 2013. Commissioner Rivera, seconded by Commissioner Martinez, moved to open the public hearing as presented. The motion carried unanimously; Mayor Wise was present, but not voting. Commissioner Noriega stated that she had requested this meeting be videotaped



and feels it was disrespectful of the City Manager “to say yes, then not do it.” The City Manager stated he would respond at a later time as this item is not on the agenda for discussion. Mr. Hernan Gonzalez commented that it is physically impossible to maintain 160-acres of park space plus the City Cemetery with only three employees as assigned. The Mayor concurred that Parks had been suffering and indicated the City may amp up staff in Public Facilities; Commissioner Tafolla commended Public Facilities for “making miracles at the parks.” Commissioner Martinez requested that before each lease at any park, the City evaluate the facilities for potential liabilities. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to close the public hearing as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

III. NEW BUSINESS

A. Discussion and consideration to approve on Second and Final Reading Ordinance 2012-23 adopting a Municipal Budget for the City of Weslaco for the fiscal year beginning October 1, 2012 and ending September 30, 2013. Possible action. (First Reading held September 13, 2012; Requested by Finance Department.) Attachment. The City Manager stated that hearing requirements had been met for the budget and tax rate and presented a PowerPoint presentation to highlight the proposed budget, namely that Texas Municipal Retirement contributions remain unchanged at 1:1; fire pension is presumed unchanged; health insurance rates increased 9%, absorbed entirely by the City; capital outlay increased $220,000.00 to $500,000.00; transfers from the utility fund decreased from $1.3 million to $1.1 million, but does assume an increase to residential and commercial water rates. Mr. David Salinas clarified that there are presently 8,942 residential accounts and 1,239 commercial accounts, with water consumption about 55% residential and 45% commercial, due to wholesale to other utilities. As average consumption is 9,000 gallons/account, this will result in an increase of $8.97/customer, resulting in rates among the highest in the region. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented with the understanding the budget as presented includes no property tax increase, a $500.00 bonus for each employee, and an anticipated $2.5 million fund balance at the end of this fiscal year. Commissioner Noriega expressed she felt uncomfortable considering the budget before the other items which appear subsequent on this agenda, including the water rates; Special Counsel Bobby Perez stated that the tax rate, which appears as item III.B. must be voted on after item III. A. The motion carried with Commissioner Noriega opposed (4-1); Mayor Wise was present, but not voting.



For the record, the Ordinance reads as follows:

ORDINANCE NO. 2012-23

AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF WESLACO, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013.

BE IT ORDAINED BY CITY OF WESLACO, TEXAS:

That, the City Manager of the City of Weslaco has heretofore duly and timely filed in accordance with the law, a budget for said City covering the fiscal year running from October 1, 2012 to September 30, 2013, that due and timely public notice that a Public Hearing on such budget would be held on September 13, 2012, was given and made in accordance with state law and within the time limits set forth by law; that such Public Hearing was held in accordance with the law on September 13, 2012, and that it is the opinion and judgment of the Weslaco City Commission that said budget, which is attached hereto, be and same is hereby in all things approved and same is proper and correct.

WHEREFORE, said budget is here and now hereby in all things approved and adopted and it shall be effective as of October 1, 2012.

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.

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

B. Discussion and consideration after public hearings September 5 and September 11, 2012 to approve on Second and Final Reading Ordinance 2012-24 adopting an 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 on all taxable property within the City of Weslaco, Texas for the Tax Year 2012, 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, providing for the assessment of annual occupation taxes provided by law, and fixing a lien on all taxable property. Possible action. (First Reading held September 13, 2012; Requested by Finance Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. Commissioner Noriega clarified with Ms. Gloria Givilancz that the rates remain unchanged for delinquent taxpayers. For the record, the Ordinance reads as follows:




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. 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.


C. Discussion and consideration to approve on Second and Final Reading 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 collection and treatment of wastewater of the City of Weslaco, and ordaining other matters with respect to the subject matter hereof. Possible action. (First Reading held August 21, 2012; Requested by Public Utilities Department.) Attachment. The City Manager again stated that water rates will increase 17% for residential customers and 19% for commercial customers as proposed. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried with Commissioner Noriega opposed (4-1); Mayor Wise was present, but not voting. For the record, the Ordinance read as follows:


AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 77-16, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 138.58 “WATER RATES PRESCRIBED” AND AMENDING SECTION 1 OF ORDINANCE 67-10, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 138.59 “SEWER RATES PRESCRIBED;” BY PROVIDING FOR A NEW SCHEDULE OF RATES TO BE CHARGED FOR TREATED WATER DELIVERED THROUGH THE SYSTEM OF THE WATER DEPARTMENT OF THE CITY OF WESLACO; AND PROVIDING FOR A NEW SCHEDULE OF RATES TO BE CHARGED FOR THE USE OF WASTEWATER TREATMENT FACILITIES OF THE CITY OF WESLACO; AND PROVIDING FOR AN EFFECTIVE DATE AFTER THE SECOND PUBLICATION OF THIS ORDINANCE, AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

SECTION 1. BE IT ORDAINED BY THE CITY OF WESLACO, TEXAS, to amend Section I of Ordinance No. 77-16, adopted on August 16, 1977, and Codified in the Weslaco Code of Ordinances as Section 138.58 and entitled “Water Rates Prescribed”, to adopt a new schedule of rates to be charged for treated water delivered through the system of the water department of the City of Weslaco so that after Second and Final Reading of this Ordinance, Weslaco Code of Ordinances Section 138.58, will read as follows:

ARTICLE II. SERVICE CHARGES

Sec. 138.58. Water rates prescribed.



There are hereby established the following schedules of rates to be charged for treated water delivered through the system of the water department of the city: Schedule A. Residential Inside City Limits.

(1) Minimum monthly bill, residential master meter (not including water)...…. $16.08 Minimum monthly bill, residential master meter (includes 2,000 gallons of water) if applied for by resident over 65, disabled, or veteran…..$10.71 Minimum monthly bill, second meter (solely for sprinkler system not including water)……………………………..……$8.36

(2) Charge per each 1,000 gallons or portion thereof……………$2.79

(3) Charge per each 1,000 gallons or portion thereof (sprinkler meters only)…...$2.79

Schedule B. Residential Outside City Limits.

(1) Minimum monthly bill……………………………....…. $24.12

(2) Charge per each 1,000 gallons or portion thereof……………………….……$4.19

(3) Charge per each 1,000 gallons or portion thereof (sprinkler meters

only)…..$4.19 Schedule C. Commercial and Multi-Family Users.

(1) Minimum monthly bill: 0 to 15,000 gallons………………………………………. $16.12 15,001 to 35,000 gallons………………………………… $33.32 35,000 gallons and over…………………………………. $49.97

(2) Charges per each 1,000 gallons or portion thereof: 0 to 15,000……………………………………………....$2.79 15,001 gallons and over………………………………... $3.11

Schedule D. Tapping Fees. The following charges shall be made as tapping fees for making connections for the use of any water user (deposit and permit fees are not included): Meter Size Inside City Outside City 5/8” $348.10 $522.15 1” $514.22 $771.32 1 ½” $890.82 $1,336.23 2” $3,286.06 $4,929.09 3” $4,612.93 $6,919.39 4” $6,936.71 $10,405.06 For all other size taps, the tapping charge shall be based upon the current cost of the meter, required materials, and labor therefore. In cases where the developer has installed their own water lines, tapping saddles, corp. stop, tubing and angle stop up to the ground surface, the fees for a 5/8” meter will be $232.07 for a connection inside the city limits and $348.10 for a connection outside the city limits.



Schedule E. Sprinkler Fees There shall be no additional charge per month in addition to the other charges listed in this section, for accounts with a fire protection sprinkler system.

SECTION II. BE IT FURTHER ORDAINED BY THE CITY OF WESLACO, TEXAS, to amend Section I of Ordinance No. 67-10, adopted on June 27, 1967, and codified in the Weslaco Code of Ordinances as Section 138.59 and entitled “Sewer Rates Prescribed”, so that after Second and Final Reading of this ordinance, Weslaco Code of Ordinances Section 138.59 will read as follows:

ARTICLE II. SERVICE CHARGES

Sec. 138.59. Wastewater rates prescribed. The following rates shall be charged for use of the wastewater treatment facilities of the City of Weslaco, including storm sewer lines if used for the purpose of disposing waste or cooling water. The rates hereby established shall be applicable to all classes of customers using the city sanitary sewer system, except for industrial customers who will continue to be charged under the provisions of the industrial waste ordinance of the City of Weslaco, Ordinance No. 76-16, as amended:

(1) Minimum Charge: The minimum monthly charge for all classes of customers using the City of Weslaco wastewater treatment facilities shall be sixteen dollars and twenty-four cents ($16.24) per month. The monthly base rate will be ten dollars and eighty-three cents ($10.83) if applied for by a resident over 65 years of age, disabled, or a veteran.

(2) Additional Charges for single-family residential users. In addition to the minimum charge listed above, a charge of one dollar and eighty-six cents ($1.86) will be made for each one thousand (1,000) gallons of water used, or portion thereof.

SECTION III: All other provisions of Chapter 138, Article II, Section 138.58, and Section 138.59, and Ordinance 77-16, and Ordinance 67-10 shall remain in effect and are not being amended by this Ordinance. SECTION IV: These amendments to Chapter 138, Article II, Section 138.58, and Section 138.59, shall be in effect after Second and Final Reading of this Ordinance. PASSED AND APPROVED on first reading at regular meeting of the City Commission this 21st day of August, 2012. PASSED AND APPROVED on second and final reading at regular meeting of the City Commission this 27th day of September, 2012.


D. Discussion and consideration to approve Ordinance 2012-20 amending Ordinance 2011-28, establishing brush rates to be charged for the brush collection service to reflect accurate cost of service, establishing that all business, commercial, industrial, and mobile home/recreation industrial and mobile home/recreational vehicle parks shall be responsible for disposing of their own brush, and other matters as ordained. First reading of Ordinance 2012-20. Possible action. (There was no action on this item August 21, 2012; Requested by Public Utilities Department.) Attachment.



The City Manager stated this constitutes a pass-thru of the 4% increase as stipulated in the Republic Services contract; Commissioner Noriega stated that if the City is not happy with the contract, why authorize an increase? The City Manager explained that this is a contractual obligation in the third year of a five year contract. If this item does not pass, the City would have to dip into the enterprise fund to subsidize the difference; by this proposed action, the increase is passed to the ratepayer. The Mayor Pro-Tem commented that the vendor is now on notice of dissatisfaction by some members of the Commission. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried with Commissioner Noriega opposed (4-1); Mayor Wise was present, but not voting.

E. Discussion and consideration to approve Ordinance 2012-21 amending §12 of Ordinance No. 397 to fix new residential, commercial, and industrial solid waste rates, requiring commercial containers in some instances, fixing a rate to be charged for commercial containers, and ordaining other matters with respect to the subject matter hereof. First reading of Ordinance 2012-21. Possible action. (There was no action on this item August 21, 2012; Requested by Public Utilities Department.) Attachment. The City Manager indicated this is similar to the preceding issue, by which the increase is passed to the ratepayer. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried with Commissioner Noriega opposed (4-1); Mayor Wise was present, but not voting.

F. Discussion and consideration to approve the Exempt and Non-Exempt Classified positions for FY 2013. Possible action. (Requested by Human Resources Department.) Attachment. Commissioner Noriega stated she is not opposed to the item, just against being given insufficient time to review it. The Mayor Pro-Tem countered it constitutes a vote of confidence on the budget and associated items. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried with Commissioner Noriega opposed (4-1); Mayor Wise was present, but not voting.

IV. PUBLIC COMMENTS There were no public comments.

V. ADJOURNMENT With no other business before the Commission, at 6:57 p.m. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to adjourn the September 27, 2012 special 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

(absent) COMMISSIONER, Robert J. Garza

COMMISSIONER, Olga M. Noriega

COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe V. Rivera COMMISSIONER, Joe A. Martinez



A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, OCTOBER 2, 2012

On this 2nd day of October 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 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; Martin Mata, Assistant Library Director; Erasmo Lozano, Interim Parks Director; 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, September 28, 2012.

B. Invocation. Father Martin de la Cruz from St. Joan of Arc Catholic 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 perfect attendance.

II. PUBLIC HEARINGS

A. To solicit comments on behalf of applicant Sonia De La Rosa to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 703 E. Business Highway 83, also being the North 117’-Lot 9-H, 0.33 AC GR 0.277AC NET, Graham & Moore Subdivision, Weslaco, Hidalgo County, Texas. Commissioner Tafolla, seconded by Commissioner Rivera, moved to open public



hearings concurrently for all items as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

B. To solicit comments on behalf of applicant Noemi Briseno to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 4020 N. Texas Blvd., also being a tract of land out of Farm Tract 110, Block 144, West Tract Subdivision, Weslaco, Hidalgo County, Texas.

C. To solicit comments in compliance with the Consolidated Plan for Community Planning & Development (CDBG, HOME, ESG) with the Hidalgo County Precinct #1 on the Precinct’s/City’s needs under the 26th Urban County Program (Year 2013). Mr. Richard Vaughan stated that in the past the City provided $5,000.00 in funding to Aurora House, a hospice facility whose board members predominately hail from Weslaco. He requested any amount in support of its $250,000.00 annual budget. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to close public hearings concurrently for all items 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 following: 1) Special Meeting of September 13, 2012; 2) Regular Meeting of September 18, 2012; 3) Special Meeting of September 20, 2012;

(Requested by City Secretary’s Office.) Attachment.

C. Approval of the Interlocal Agreement with Purchasing Association of Cooperative Entities (PACE Co-Op) at no cost to the City for discounted software licensing from Adobe Systems, Inc. through third party software vendors and authorize the Mayor to execute any related documents. (Requested by Information Technology Department.) Attachment.

D. Authorization of the solicitation and advertisement of Unleaded and Diesel Fuel bid for Fiscal Year 2012-2013. (Requested by Finance Department.) Attachment. The Mayor requested item III. B. be withheld for discussion. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve items III. A 1, A 2, C, and D of the consent agenda as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

IV. APPOINTMENTS



A. Discussion and consideration to remove one member and approve Resolution 2012-64 appointing one member to that unexpired term on the Planning and Zoning Commission. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to remove Rolando Noriega and appoint Humberto Chavez. The Mayor noted that Mr. Chavez was not present nor had submitted a letter to him or the City Secretary, violating the appointment procedure. The Commissioners subsequently recalled their motion. There was no action on this item.

V. NEW BUSINESS

A. Discussion and consideration after public hearing on behalf of applicant Sonia De La Rosa to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 703 E. Business Highway 83, also being the North 117’-Lot 9-H, 0.33 AC GR 0.277AC NET, Graham & Moore Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

B. Discussion and consideration after public hearing on behalf of applicant Noemi Briseno to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 4020 N. Texas Blvd., also being a tract of land out of Farm Tract 110, Block 144, West Tract Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. The City Manager stated notice was published and hearing held; Planning and Zoning Commission and staff recommend approval. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

C. Discussion and consideration on behalf of Dimas Martinez to approve the Final Plat of Mar y Sol Subdivision, being a 3.00 acre tract of land out of Farm Tract 118, West Tract Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. The City Manager stated th notice was published and hearing held; Planning and Zoning Commission and staff recommend approval. Commissioner Rivera, seconded by Commissioner Martinez, 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 Election Services Contract with the Hidalgo County Elections Department to conduct the Joint City of Weslaco and Weslaco Independent School District General Election of November 6, 2012 pursuant to Texas Election Code Chapter 271, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Office of the City Secretary.) Attachment. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

E. Discussion and consideration to approve the Professional Services Agreement payment from WW GIS, LLC for the Weslaco GIS Implementation project as described in “Exhibit A. Scope of Services” in the amount not to exceed $65,000.00, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated this serves to update the mapping for the water and wastewater system by contracted professional services to be paid from the utilities account. Ms. Joanna Sanchez of WW GIS, LLC introduced herself, stating she previously had done the same work for the cities of McAllen and Pharr as well as the North Alamo Water Supply Corporation. Commissioner Noriega expressed concern as the City did not go out to bid for these services; the City Manager stated that purchasing procedures had been followed as this is a professional services agreement. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried with Commissioner Noriega opposed (4-1); Mayor Wise was present, but not voting.

F. Discussion and consideration to authorize an Interlocal Governmental Agreement with the Hidalgo County Emergency Services District No. 1 by which the City provides emergency ambulance service with not less than two ambulances to those areas of rural Hidalgo County within the established boundaries of the District and the District agrees to pay the City the sum of $100,000.00 for the period October 1, 2012 through September 30, 2013, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Possible action. (Requested by the Office of the City Manager.) Attachment. The City Manager stated this serves to increase the annual payment from $75,000.00 to $100,000.00 with notice of future increases expected. By this agreement, the City extends emergency ambulance coverage is to non-residents of the County from the Rio Grande River to Mile 14 ½ North.



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.

B. Approval on Second and Final Reading of Ordinance 2012-13 amending Ordinance 320 and the City of Weslaco Zoning map to rezone 1725 S. Texas Blvd., also being the West 4.21 acres out of the East 5 acres of Farm Tract 675 and the South 9.07 acres of Farm Tract 679, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District” and authorize the Mayor to execute any related documents. (First reading held September 18, 2012; A three-fourths vote of the Commission is required to approve as over 20% of the property owners within 200 feet of the property protested as per §150-20(d) of the Weslaco Code of Ordinances; Requested by Planning & Code Enforcement Department.) Attachment. Commissioner Noriega expressed concern as the ordinance regarding green space and design, which would serve to restrict this development, is not yet in place. The City Manager stated such restrictions may be placed in the plat notes, which require separate future action by the Commission. In response to a question by the Mayor, Mr. Randy Summers stated the developer intends to make the aesthetic consistent with downtown, though he did not know offhand the ration of green space to asphalt or retention. Mr. Hans Hovda of 1310 S. Texas stated he feels the development would have a negative impact because he lived there thinking any development would be consistent with the residences from 12th to 18th streets. The City Manager reiterated this is a multi-million dollar development that should create 75-jobs; the Mayor Pro-Tem stated the plat may be as restrictive as the Commission desire. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried with Commissioner Noriega opposed (4-1), satisfying the three-fourths vote required; Mayor Wise was present, but not voting. For the record Ordinance reads as follows:

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

VI. REPORTS

A. Report by City Manager on Departmental Update, Financial Status, Upcoming Meetings, Media Reports, and Public Feedback. Attachment. The City Manager reported on progress by the Public Facilities Department at Hidden Valley subdivision and called attention to the general and special election on November 6. Commissioner Noriega requested from the City Manager a report on the previously held special meeting as it was not televised per her request; Special Counsel Perez stated that the Mayor as presiding officer determines if comments constitute a personal attach and cautioned that such report had not been posted with this agenda.

VII. PUBLIC COMMENTS

Mr. Richard Vaughan believes the Commission should have sought bids on the GIS contract and it would be better to raise taxes than to continue to raise water rates. He also expressed his disappointment that the Chamber was dramatically cut from the budget without more notice.

VIII. EXECUTIVE SESSION At 6:25 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 7:12 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. Pending Litigation – Discussion with City Attorney and assigned Special Counsel regarding Cause No. 2201-11-I Pascual Hernandez and Maria Luisa Hernandez v. The City of Weslaco, Texas pursuant to §551.071 of the Texas Government Code. There was no action on this item.

B. Pending Litigation – Discussion with City Attorney and Special Counsel regarding City of Weslaco v. Weslaco Municipal Police Union, as authorized by §551.071 of the Texas Government Code. There was no action on this item.



C. Contract Negotiations – Discussion with the City Manager and City Attorney relating

to the City’s rights, duties, privileges, and obligations in connection to the Collective Bargaining Agreement with the IAFF-WFFA Local 3207 as authorized by §551.071 of the Texas Government Code. There was no action on this item.

D. Contract Negotiations – Discussion with the City Manager and City Attorney relating to the City’s rights, duties, privileges, and obligations in connection to the Collective Bargaining Agreement with the Weslaco Municipal Police Association as authorized by §551.071 of the Texas Government Code. There was no action on this item.

X. ADJOURNMENT With no other business before the Commission, Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to adjourn the October 2, 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 COMMISSIONER, Lupe V. Rivera COMMISSIONER, Joe A. Martinez




AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 2006-24, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 62-54; ESTABLISHING BRUSH RATES TO BE CHARGED FOR THE BRUSH COLLECTION SERVICE TO REFLECT ACCURATE COST OF SERVICE; ESTABLISHING THAT ALL BUSINESS, COMMERCIAL, INDUSTRIAL AND MOBILE HOME/RECREATIONAL INDUSTRIAL AND MOBILE HOME/RECREATIONAL VEHICLE PARKS SHALL BE RESPONSIBLE FOR DISPOSING OF THEIR OWN BRUSH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

SECTION I: BE IT ORDAINED BY THE CITY OF WESLACO, TEXAS. Section 1 of Ordinance 2006-24, passed and approved on August 1, 2006 and codified in the Weslaco Code of Ordinances as Section 62-54 is hereby amended to establish new rates to be charged for the brush pick-up service so that after second and final reading of this Ordinance Section 62-54 will read as follows:

Sec. 62-54. Brush Rates.

(a) The brush rates hereby established for funding the brush collection services shall be applicable for all customers within the city limits, except for those customers included in part (b) of this section, shall be based on the lot frontage of the property served by the customer’s water meter, payable monthly and included in the customer’s utility bill. Such monthly rates shall be set as follows:

Lot Frontage Charge

(in feet)

0 to 60……………………………......$11.04 60 to 90………………………………$14.18 90 and above…………………………$16.75

(b) Licensed business, commercial, industrial and mobile home/recreational vehicle park customers, serviced by a master water meter, shall collect, transport and deliver their brush at an appropriate licensed collection site. If they do not have the equipment to haul their brush, they should contract with a responsible third party for these services.

SECTION II: In the event any part of this ordinance is declared invalid, such invalidity shall not apply to the other parts as they are hereby severally established. SECTION III: This ordinance shall be in full force after the second and final reading of this ordinance.



PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 27th day of September, 2012.

PASSED AND APPROVED on second reading at a special meeting of the City

Commission this 16th 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




AN ORDINANCE AMENDING SECTION 12 OF ORDINANCE 397 CODIFIED AS SECTION 62-51 IN THE WESLACO CODE OF ORDINANCES TO ESTABLISH NEW RESIDENTIAL, COMMERCIAL AND INDUSTRIAL MUNICIPAL SOLID WASTE RATES; REQUIRING COMMERCIAL CONTAINERS IN SOME INSTANCES; ESTABLISHING A RATE TO BE CHARGED FOR COMMERCIAL CONTAINER SOLID WASTE COLLECTION; AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

BE IT ORDAINED BY THE CITY OF WESLACO: Section I. Section 12 of Ordinance 397, passed and approved on the 7th day of September 1965 and codified as Section 62-51 in the Weslaco Code of Ordinances is hereby amended to establish new rates for municipal solid waste collection within the City of Weslaco so that after second and final reading of this Ordinance Section 62-51 shall read as follows:

ARTICLE II. CHARGES FOR COLLECTION* Sec. 62-51. Charge for removal.

It is the express intent and purpose of this chapter to fairly, reasonably, and equitably apportion the costs of the collection and removal of municipal solid waste within the city limits. In computing the charge made to any residence, duplex, triplex, apartment house, tenement house, or trailer court as unit, all apartments, tenements or trailers therein shall be deemed to be occupied unless the water meter serving the building is disconnected. In all cases, if a water meter is in service the house and all apartments or units served by that meter shall be deemed to be occupied.

RESIDENTIAL

The rate for residential municipal solid waste collection shall be fifteen dollars and five cents ($15.81) per container, per month, If a residential lot has more than one (1) family dwelling unit located thereon, other than in apartments, the above basic rate shall apply, plus a minimum of two dollars and ninety-three cents ($2.93) per month for each additional family dwelling unit thereon.

APARTMENT HOUSES

The rate for apartments, where all apartments are on one (1) water meter shall be the same as the applicable residence rate, plus a minimum of two dollars and ninety-three cents ($2.93) per month for each apartment unit in excess of one (1), whether or not all of such units are rented.



Where apartments have separate water meters the rate shall be a minimum of four dollars

and ninety-nine cents ($4.99) per month for each apartment or unit in excess of one (1), plus the applicable residential rate.

TRAILERS OR MOBILE HOME UNITS

The minimum charge for trailers or mobile home units shall be two dollars and five cents ($2.05) for each available space provided.

ROOMING HOUSES The basic residence rate shall apply to rooming houses, If’ kitchen facilities are made available to the individual rooms in the rooming house, an additional two dollars and ninety-three cents ($2.93) per month shall be charged for each room having a kitchen facility in said room.

BUSINESS, COMMERCIAL AND INDUSTRIAL

(a) No business, commercial or industrial account shall be permitted to utilize more than six (6) containers, as defined in Section 62-6, regardless of the number of municipal solid waste pickups per week. Should six (6) standard containers be insufficient to accommodate the volume of trash generated by such account, such account shall be required to utilize a commercial container for solid waste collection, such commercial container to be supplied by the city, the size of such container being dependent upon the volume of solid waste generated, and the rates for commercial container pickups to be as hereinafter provided.

(b) For those commercial, industrial and business accounts whose volume of solid waste can be accommodated by not more than six (6) standard containers, the rate shall be fifteen dollars and eighty-one cents ($15.81) per container per month with 2 pickups per week, or as follows:

Number of Pickups Per Week Monthly Rate 2 $15.81 3 $47.43 4 $79.05 5 $110.67 6 $158.10

(c) For those business, commercial or industrial accounts required hereby to utilize a commercial container, the following rate schedule shall apply. Volume of Container (Cubic yards) Number of Pickups Per Week 1 2 3 4 5 6



2 71.45 139.72 204.75 267.00 330.63 394.25 3 82.57 151.34 220.17 288.96 357.74 426.56 4 94.76 181.92 268.38 353.10 439.91 526.72 6 138.47 252.60 332.01 435.76 539.50 641.88 8 162.84 298.24 375.36 517.37 640.51 763.61 30 Cubic yard will be charged $162.64 per haul plus $32.29 per ton for disposal plus $4.90 per day rental. The daily rental fee will be waived if hauled at least twice per month. The monthly charge or rate for the collection and removal of solid waste, trash and rubbish, and recyclables by the City of Weslaco from school districts shall be based on the business, commercial and industrial rates as prescribed. Section II. Except as heretofore and herein amended, the remaining provisions of Section 62-51 shall apply with full force and effect. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 27th day of September, 2012.

PASSED AND APPROVED on second reading at a special meeting of the City Commission this 16th 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



Date of Meeting: October 16, 2012

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

From (name, title, department and who submitting on behalf of, if any): Mr. Alberto Canales on behalf of: Interim Police Chief Michael Kelley, Police Department Lt. Robert De la Cerda, Police Department (Grant Manager) Subject: Grant Award: Local Border Security Program FY 2012 Discussion: City Commission Resolution accepts grant for the 2012 Local Border Security Program for $15,000. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [X ] 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: Approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Resolution 2012-66 Responsibilities upon Approval:




RESOLUTION NO. 2012-66

A RESOLUTION TO ACCEPT A GRANT FOR THE 2012 LOCAL BORDER SECURITY PROGRAM IN THE AMOUNT OF $15,000.00

WHEREAS, The City of Weslaco finds it in the best interest of the citizens of the City of Weslaco that the LOCAL BORDER SECURITY PROGRAM be operated for the fiscal year 2012 in the amount of $15,000.00; and WHEREAS, The City of Weslaco agrees to provide for the said project as required by the LOCAL BORDER SECURITY PROGRAM FY 2012; and

WHEREAS, The City of Weslaco agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City of Weslaco assures that the funds will be returned to the Criminal Justice Division in full; and

WHEREAS, The City of Weslaco designates Mayor Miguel Wise as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT The City of Weslaco approves to accept a grant for the 2012 LOCAL BORDER SECURITY PROGRAM to the Office of the Governor of the State of Texas, Criminal Justice Division, in the amount of $15,000.00. Passed and approved this 16th day of October, 2012. CITY OF WESLACO

____________________________________ Miguel D. Wise, MAYOR ATTEST:

____________________________________ Elizabeth Walker, CITY SECRETARY APPROVED AS TO FORM: _____________________________ Ramon Vela, CITY ATTORNEY



From: ZAMBRANO, JANETTETo: Elizabeth M. WalkerSubject: Town Hall MeetingDate: Friday, October 12, 2012 3:23:00 PMImportance: High

Thank you Elizabeth. I hope you were able to to view the Weslaco 21st Century Learning Community image that will be on banner. I am editing the proclamation at this time and will email it to you soon. The initial request to hang the banner is for hanging it on Pike and Texas. Our wishful day to hand the banner is Wednesday October 17, 2012. If we are have to wait the 30 days. We would like to hang it on 6th street as you recommended in from of the Weslaco library.

Thank you, Janette Zambrano

Weslaco ISD does not discriminate on the basis of race, religion, color, national origin, gender, or disability in providing education services, activities, and programs, including vocational programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational Amendments of 1972; section 504 of the Rehabilitation Act of 1973, as amended.



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A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PLANNING AND ZONING COMMISSION BOARD.

WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ___________________________ is appointed to serve an unexpired term of _________________ on the Planning and Zoning Commission Board and your term will commence this 16th day of October, 2012 and expire on the ____ day of __________________ 201___. PASSED AND APPROVED on this 16th 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




RESOLUTION IN SUPPORT OF THE HIDALGO COUNTY DRAINAGE DISTRICT #1 BOND REFERENDUM FOR COUNTYWIDE DRAINAGE

IMPROVEMENTS. WHEREAS, Hidalgo County Drainage District #1 was created on April 9, 1908 by Order of the Commissioners’ Court of Hidalgo County, Texas pursuant to an election held within the territory affected on March 24, 1908; and WHEREAS, originally organized under provisions of Article III, Section 52 of the Constitution of Texas, the District was later converted to a Conservation and Reclamation District, under the provisions of Article XVI, Section 59 of the Texas Constitution; and WHEREAS, since its creation, the Board of Commissioners has been made up of the County Judge and four County Commissioners; and WHEREAS, Hidalgo County Drainage District has completed excavation of over 200 miles of drainage ditches and related structures since its creation; and WHEREAS, in connection with the Master Drainage System, the Drainage District #1 maintains and operates 767 square miles of drainage system, 13 pumps stations and 15 weir structures and completed excavation of over 800 miles of drainage ditches; and has constructed over 120 bridges and/or crossings and the State Department of Transportation constructed approximately 65 bridges and/or crossings; and WHEREAS, the Hidalgo County Drainage system has been affected throughout the years not only by urban population growth, land mass expansion, and deterioration; it has also been greatly impacted by storm systems that have affected the county by way of hurricanes and other major rain events; and WHEREAS, much needed repairs, upgrades, and projects are required within the county’s drainage infrastructure in order to better serve and protect the public and municipalities which Hidalgo County serves; and WHEREAS, the Hidalgo County Drainage District #1 board in 2011 appointed a Drainage Advisory Committee comprised of 25 citizens from various segment of the community and on June 2012 the committee made a formal recommendation to the Drainage District #1 board to call a bond referendum to fund 25 specific drainage improvement projects that increase the outflow of storm water throughout the system; and WHEREAS, Hidalgo County believes that these upgrades can be completed as identified by the Drainage District and the Drainage Advisory Committee and on August 14 approved a resolution to call a $184 million bond for the funding of 25 specific drainage improvement projects to be placed on the November 6 general election ballot; and



WHEREAS, these funds include $15 million for Rural Drainage Development, $10 million for the Delta Area Watershed Development Project and $100 million in bonds for the construction of an independent segment of the Raymondville Drain; and WHEREAS, Hidalgo County recognizes the timing is optimum given that interests rates for borrowing money are at all time low and legislation exists that allows for federal reimbursements for construction of up to 90% of the estimated $100 million that will be used for the construction of the Raymondville Drain project; and WHEREAS, Hidalgo County recognizes that the development of these drainage projects will have a tremendous positive economic impact on both economic growth and expansion in Hidalgo County, while protecting over $35 billion in property assets; and WHEREAS, the Hidalgo County Commissioners’ Court also recognizes that these drainage project upgrades will greatly improve the quality of life and safety of citizens by reducing flooding and other disasters related to drainage; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS its strong support to the Hidalgo County Drainage District #1 as it works to improve drainage upgrades to the Hidalgo County Drainage System. PASSED AND APPROVED on this 16th 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



From: Anne Burger EntrekinTo: Elizabeth M. WalkerCc: Gloria Givilancz; Leonardo Olivares; Cris Vela; Sara BedfordSubject: Refunding Agenda ItemDate: Friday, October 12, 2012 3:04:05 PM

Hi Elizabeth, I hope all is well! I suggest the following language for the agenda: Presentation by FirstSouthwest Company regarding a refinancing opportunity for the City ofWeslaco and consideration of authorizing the Finance Team to begin the process of a refundingbond issue. Upon review, please let me know if you have any questions. I greatly appreciate your assistance. Hope you have a nice weekend! Anne __________________________________Anne Burger Entrekin Managing DirectorFirstSouthwest

direct 210.308.2200 fax 210.349.7585 70 NE Loop 410, Suite 710, San Antonio, TX 78216

-Neither First Southwest Company nor any of its affiliates (collectively, "FirstSouthwest") is responsible for any recommendation, solicitation, offer or agreementor any information about any transactions, customer account or account activity inthis communication. Confidential or time-sensitive security-related communicationsshould not be transmitted to First Southwest via the Internet as there can be noassurance of actual or timely delivery, receipt and/or confidentiality. Neither canthere be any assurance that messages transmitted by electronic mail will not becorrupted, lost, deleted or modified. First Southwest reserves the right to refrainfrom processing or executing electronic mail until verification of the information isobtained in another format acceptable to First Southwest.-









Date of Meeting October 16, 2012

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

From (name, title, department and who submitting on behalf of, if any): Erasmo P. Lozano, Interim Parks Director Subject: Parks and Wildlife Grant- Boys and Girls Project Discussion: Discussion and consideration to approve a submittal to amend the Original Application to Texas Parks and Wildlife Boys and Girls Club Grant. Building Size will change. 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, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.




Date of Meeting October 2012

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

From (name, title, department and who submitting on behalf of, if any): Erasmo P. Lozano, Interim Parks Director Subject: Parks and Wildlife Grant- Boys and Girls Project Discussion: Discussion and consideration to approve a submittal for a six (6) month extension for the Boys and Girls Project from January 21, 2013 to July 21, 2013. This will be the last extension permitted for this project as per the Texas Parks and Wildlife Grant. 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, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.




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 16 October 2012 Departmental Update • Public Utilities

o The Department received two new backhoes on October 1. o Water rates have increased this year, showing a 17% increase for residential use and 19% for

commercial use. o Construction at the Water Treatment Plant has progressed at a slow pace but remains on

schedule. Bids have been received and contracts have been awarded for the construction of the water tower, clear well and generators.

o The Treatment Plant Operator Magazine (TPO) is looking to publish an article on the solar array at the South Wastewater Treatment Plant. The solar array was installed at the treatment plant as part of a SECO Stimulus grant.

o A kickoff meeting was held with representatives of GIS (Geographical Information System) on October 9. Representatives have begun to inventory City software and hardware after which they will purpose a plan of action.

• Police

o Police Officers JP Rodriguez and Marco Siller, along with Police Chaplain Howard Bloomquist participated in the Bras Ending Breast Cancer 2012 Lunch and Style show on October 2. Each one helped by modeling decorative bras with Chaplain Bloomquist being named the crowd favorite.

• Public Facilities

o The Department with the assistance of Knapp Medical Center has completed the installation of the 300 linear feet of sidewalk along 8th Street, which included a pedestrian crossing, cement islands and solar powered signal lights.

o Street maintenance projects have been completed at the Valley Nature Center which included the repaving of 12 feet of asphalt and the repairing of the exit point by the Elks Lodge on Border Avenue.

• Upcoming Meetings & Events o Veterans Day (November 12) o TML 100th Annual Conference and Exhibition (Grapevine, Texas, November 13-16) o 4th Bi- Annual Border to Border Conference (South Padre Island, Texas, November 13-15) o Thanksgiving (November 22-23)



o National League of Cities Congress of Cities and Exposition (Boston, Massachusetts, November 28- December 1)

• Media/Public Feedback

o City of Weslaco breaks away from Chamber of Commerce (Monitor, October 4) o Dolores Huerta to visit Brownsville and Weslaco next week (Rio Grande Guardian, October

5) o Civil Rights Activist Dolores Huerta to visit Weslaco for Road Renaming Ceremony (Mid

Valley Town Crier, October 9) o Weslaco’s Paseo del Norte renamed for Dolores Huerta (Monitor, October 10) o Wise: Huerta helped banish City’s ‘dark chapter’ (Rio Grande Guardian, October 10)

• Attachments

o FEMA Letter- Safer Grant (September 6) o U.S. Department of Justice Letter- Preclearance (September 28)



http://www.themonitor.com/news/local/article_f572b3f4-0e89-11e2-bed5-001a4bcf6878.html

http://riograndeguardian.com/borderlife_story.asp?story_no=20

http://riograndeguardian.com/borderlife_story.asp?story_no=20

http://www.themonitor.com/mvtc/news/article_68902d6a-1157-11e2-be77-001a4bcf6878.html?photo=

http://www.themonitor.com/mvtc/news/article_68902d6a-1157-11e2-be77-001a4bcf6878.html?photo=

http://www.themonitor.com/news/local/article_59f4d9b8-134b-11e2-ba78-001a4bcf6878.html

http://www.riograndeguardian.com/colonias_story.asp?story_no=20





EXECUTIVE DIRECTOR’S REPORT TO WESLACO CITY COMMISSION

October 2012 1. Dolores Huerta Avenue Dedication

There was considerable media interest in the dedication of Dolores Huerta Avenue. It is reported to be the first street naming in honor of Dolores Huerta in the country. A very energetic crowd was in attendance.

2. Chuck E. Cheese

The grand opening for Chuck E. Cheese is scheduled for October 22. This is a good family restaurant and a good addition to this project. Weslaco kids are eagerly anticipating the opening.

3. Darden Restaurant

The Darden group is doing the due diligence for a second restaurant in Weslaco. They are planning to bring one of their steakhouse concepts to this market.

4. 308-318 South Texas

The building at 308-318 South Texas which the EDC purchased to improve and resell has been sold to Downtown Properties, LLC, a group of local entrepreneurs. This will allow the EDC to go after another downtown property for improvements.

5. Marines Bakery Development

The façade improvements are transforming these commercial buildings. If all goes according to plan, the second floor will be converted into a loft apartment, a first for the new Weslaco.

6. Valley Nature Center

The construction of the new Valley Nature Center facility is moving slowly. The shell is taking shape. The completion date is uncertain.

7. Trinity Engineering / Fire Guard

The newest Mid-Valley Industrial Park building will house Fire Guard, an HVAC company, and a steel coiling company.

8. Sales Tax

The fiscal year sales tax receipts are ending the year on a positive trend. The trend continues to build with the addition of new commercial activity in Weslaco.

HG:mg 10/11/12



Documents

12-10-16 agenda supplements