12-11-27 Agenda Supplements

Date of Meeting: November 27, 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 John Jaramillo from First Christian 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 November 27, 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



RESOLUTION NO. 2012-69 STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

AN ORDER DECLARING THE RESULTS OF

THE CITY OF WESLACO GENERAL

ELECTION OF NOVEMBER 6, 2012 AND THE

SPECIAL ELECTION OF NOVEMBER 6, 2012

TO FILL TWO VACANCIES AND VOTE ON

SIX PROPOSITIONS.

WHEREAS, the City Commission of the City of Weslaco resolved and ordered

that a General Election and Special Election be held on November 6, 2012 in the City of Weslaco, Texas for the purpose of electing two members to the Weslaco City Commission for the following positions and for the purpose of submitting six propositions relevant to authorized expenditures by the Economic Development Corporation:

CITY COMMISSIONER SINGLE MEMBER DISTRICT 1 CITY COMMISSIONER SINGLE MEMBER DISTRICT 4

PROPOSITIONS 1 - 6

WHEREAS, there came on to be considered the returns of the election held on the 6th day of November, 2012 for the purpose of electing two (2) members to the City Commission and for six Propositions. WHEREAS, the returns of said election have been duly canvassed by the City Commission, and each of the candidates and the propositions in said election having received the following votes to wit:

CITY COMMISSIONER SINGLE MEMBER DISTRICT 1 DAVID FOX Votes 758 JENNIFER CARDENAS Votes 675 CITY COMMISSIONER SINGLE MEMBER DISTRICT 4 RAFAEL CABALLERO Votes 562 GERARDO “JERRY” TAFOLLA Votes 760 PROPOSITION 1

Authorizing the use of Article 5190.6 Section 4A (Development Corporation Act of Texas) sales and use tax proceeds for Athletic Facilities (Professional and amateur sports and athletics, including stadium and ball parks). Section 4A Sales and Use Tax proceeds may be used to pay maintenance and operating costs of projects in this category.



FOR: Votes 3,795 AGAINST: Votes 2,692

PROPOSITION 2 Authorizing the use of Article 5190.6 Section 4A (Development Corporation Act of Texas) sales and use tax proceeds for Commercial Facilities (Related store, restaurant, concession and parking facilities). Section 4A Sales and Use Tax proceeds may be used to pay maintenance and operating costs of projects in this category.


PROPOSITION 3 Authorizing the use of Article 5190.6 Section 4A (Development Corporation Act of Texas) sales and use tax proceeds for Certain Public Facility Improvements (Public Safety Facilities that will promote new or expanded business enterprises). Section 4A Sales and Use Tax proceeds may be used to pay maintenance and operating costs of projects in this category.

FOR: Votes 4,134

AGAINST: Votes 2,257

PROPOSITION 4 Authorizing the use of Article 5190.6 Section 4A (Development Corporation Act of Texas) sales and use tax proceeds for Transportation Improvements (Related streets, roads, and area transportation facilities). Section 4A Sales and Use Tax proceeds may be used to pay maintenance and operating costs of projects in this category.


PROPOSITION 5 Authorizing the use of Article 5190.6 Section 4A (Development Corporation Act of Texas) sales and use tax proceeds for Other Business – related improvements (Any other improvements or facilities to promote new or expanded business enterprises). Section 4A Sales and Use Tax proceeds may be used to pay maintenance and operating costs of projects in this category.


PROPOSITION 6 Authorizing the use of Article 5190.6 Section 4A (Development Corporation Act of Texas) sales and use tax proceeds for Affordable Housing (Projects required for the development and expansion of “Affordable Housing” as defined by



Federal Law). Section 4A Sales and Use Tax proceeds may be used to pay maintenance and operating costs of projects in this category.

FOR: Votes 3,751 AGAINST: Votes 2,640 IT IS, THEREFORE FOUND, DECLARED AND ORDERED by the City Commission of the City of Weslaco that the above elections were duly called. The notices of said elections were duly posted and that said elections were held in accordance with the laws of the Texas Election Code. That at said General Election David R. Fox was elected to the position of City Commission Single Member District 1 and that Gerardo “Jerry” Tafolla was elected to the position of City Commission Single Member District 4 of the City of Weslaco subject to taking their oath of office and that at said Special Election the Propositions were approved as follows by a majority of the qualified voters of the City of Weslaco: Propositions 1, 2, 3, 4, 5, and 6. The following propositions failed: none. SECTION 1: That it is further found and determined that the results of the election as canvassed and tabulated in the preamble hereof reflect the expressed desires of those persons voting at said election.

IT IS FURTHER FOUND AND DETERMINED that in accordance with the laws of the Texas Election Code the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located at City Hall, place convenient and readily accessible to the general public and said notice having been so posted and remaining posted continuously for at least 72 hours proceeding the scheduled time of said meeting. A copy of the returns shall be attached to the minutes of this meeting and shall be made as part hereof for all intents and purposes. PASSED, ADOPTED and APPROVED this 27th day of November, 2012. CITY OF WESLACO

____________________________________

Miguel D. Wise, MAYOR ATTEST: ____________________________________ Elizabeth Walker, CITY SECRETARY APPROVED AS TO FORM: _____________________________ Ramon Vela, CITY ATTORNEY























































Form 2204 - Oath of Office (General Information)

Execution and Delivery Instructions The Oath is considered filed once it has been received by this office. Mail: P.O. Box 12887, Austin, Texas 78711-2887. Overnight mail or hand deliveries: James Earl Rudder Officer Building, 1019 Brazos, Austin, Texas 78701. Fax: (512) 463-5569. If faxed, the original Oath should also be mailed to the appropriate address above. Email: Scanned copies of the executed Oath may be sent to [email protected]. If emailed, the original Oath should also be mailed to the appropriate address above. NOTE: Do not have the Oath of Office administered to you before executing and filing the Statement of Officer (Form 2201 – commonly referred to as the “Anti-Bribery Statement”) with the Office of the Secretary of State.

Commentary All state or county officers, other than the governor, lieutenant governor, and members of the legislature, who qualify for office, are commissioned by the governor. Tex. Gov’t Code, Section 601.005. The Secretary of State performs ministerial duties to administer the commissions issued by the governor, including confirming that officers are qualified prior to being commissioned. Submission of this oath of office to the Office of the Secretary of State confirms an officer’s qualification so that the commission may be issued. Pursuant to art. XVI, Section 1 of the Texas Constitution, the Oath of Office may not be taken until a Statement of Officer (see Form 2201) has been subscribed to and, as required, filed with the Office of the Secretary of State. Additionally, gubernatorial appointees who are appointed during a legislative session may not execute their Oath until after confirmation by the Senate. Tex. Const. art. IV, Section 12. A Statement of Officer form required to be filed with the Office of the Secretary of State is filed upon receipt by the Secretary of State. The Oath of Office may be administered by anyone authorized under the provisions of Chapter 602 of the Texas Government Code. Commonly used officials include notaries public and judges. Officers Required to File Oath of Office with the Secretary of State:

• Gubernatorial appointees, appellate and district court judges, and district attorneys • Directors of districts operating pursuant to chapter 36 or 49 of the Texas Water Code file a duplicate

original of their Oath of Office within 10 days of its execution. Tex. Water Code Ann. Sections 36.055(d); 49.055(d)

Officers Not Required to File Oath of Office with the Secretary of State:

• Members of the Legislature elected to a regular term of office will have their Oath of Office administered in chambers on the opening day of the session and recorded in the appropriate Journal. Members elected to an unexpired term of office should file their Oath of Office with either the Chief Clerk of the House or the Secretary of the Senate, as appropriate.

• All other persons should file their Oaths locally. Please check with the county clerk, city secretary or board/commission secretary for the proper filing location.

Questions about this form should be directed to the Government Filings Section at (512) 463-6334 or [email protected]. Revised 10/2011

The attached form is designed to meet minimal constitutional filing requirements pursuant to the relevant provisions. This form and the information provided are not substitutes for the advice and services of an attorney.



Form #2204 Rev. 10/2011 Submit to: SECRETARY OF STATE Government Filings Section P O Box 12887 Austin, TX 78711-2887 512-463-6334 Filing Fee: None

OATH OF OFFICE

This space reserved for office use

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, David Robert Fox , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of City of Weslaco City Commissioner District #1 of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God.

Signature of Officer

State of Texas ) County of Hidalgo )

Sworn to and subscribed before me this 8th day of November , 20 12 .

(seal)

Signature of Notary Public or Other Officer Administering Oath

Elizabeth M. Walker Printed or Typed Name



Form 2201 - Statement of Officer (General Information)

Execution and Delivery Instructions The Statement is considered filed once it has been received by this office. Mail: P.O. Box 12887, Austin, Texas 78711-2887. Overnight mail or hand deliveries: James Earl Rudder Officer Building, 1019 Brazos, Austin, Texas 78701. Fax: (512) 463-5569. Email: Scanned copies of the executed Statement may be sent to [email protected]. NOTE: The Statement of Officer form, commonly referred to as the “Anti-Bribery Statement,” must be executed and filed with the Office of the Secretary of State before taking the Oath of Office (Form 2204).

Commentary Article XVI, section 1 of the Texas Constitution requires all elected or appointed state and local officers to take the official oath of office found in section 1(a) and to subscribe to the anti-bribery statement found in section 1(b) before entering upon the duties of their offices. Local officers must retain the signed anti-bribery statement with the official records of the office. This form is designed for filing the anti-bribery statement by elected and appointed state-level officers. Elected and appointed state-level officers required to file the anti-bribery statement with the Office of the Secretary of State include members of the Legislature, the Secretary of State, and all other officers whose jurisdiction is coextensive with the boundaries of the state or who immediately belong to one of the three branches of state government. Op. Tex. Att’y Gen. No. JC-0575(2002). Questions about whether a particular officer is a state-level officer may be resolved by consulting relevant statutes, constitutional provisions, judicial decisions, and attorney general opinions. Questions about this form should be directed to the Government Filings Section at (512) 463-6334 or [email protected]. Revised 10/2011




Form #2201 Rev. 10/2011 Submit to: SECRETARY OF STATE Government Filings Section P O Box 12887 Austin, TX 78711-2887 512-463-6334 512-463-5569 - Fax Filing Fee: None

STATEMENT OF OFFICER


Statement

I, David Robert Fox , do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God.

Position to Which Elected/Appointed: City of Weslaco City Commissioner District #1

City and/or County: Weslaco, Hidalgo County, Texas

Execution

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated therein are true. Date: Signature of Officer

Revised 10/2011



Form 2204 - Oath of Office (General Information)

Execution and Delivery Instructions The Oath is considered filed once it has been received by this office. Mail: P.O. Box 12887, Austin, Texas 78711-2887. Overnight mail or hand deliveries: James Earl Rudder Officer Building, 1019 Brazos, Austin, Texas 78701. Fax: (512) 463-5569. If faxed, the original Oath should also be mailed to the appropriate address above. Email: Scanned copies of the executed Oath may be sent to [email protected]. If emailed, the original Oath should also be mailed to the appropriate address above. NOTE: Do not have the Oath of Office administered to you before executing and filing the Statement of Officer (Form 2201 – commonly referred to as the “Anti-Bribery Statement”) with the Office of the Secretary of State.

Commentary All state or county officers, other than the governor, lieutenant governor, and members of the legislature, who qualify for office, are commissioned by the governor. Tex. Gov’t Code, Section 601.005. The Secretary of State performs ministerial duties to administer the commissions issued by the governor, including confirming that officers are qualified prior to being commissioned. Submission of this oath of office to the Office of the Secretary of State confirms an officer’s qualification so that the commission may be issued. Pursuant to art. XVI, Section 1 of the Texas Constitution, the Oath of Office may not be taken until a Statement of Officer (see Form 2201) has been subscribed to and, as required, filed with the Office of the Secretary of State. Additionally, gubernatorial appointees who are appointed during a legislative session may not execute their Oath until after confirmation by the Senate. Tex. Const. art. IV, Section 12. A Statement of Officer form required to be filed with the Office of the Secretary of State is filed upon receipt by the Secretary of State. The Oath of Office may be administered by anyone authorized under the provisions of Chapter 602 of the Texas Government Code. Commonly used officials include notaries public and judges. Officers Required to File Oath of Office with the Secretary of State:

• Gubernatorial appointees, appellate and district court judges, and district attorneys • Directors of districts operating pursuant to chapter 36 or 49 of the Texas Water Code file a duplicate

original of their Oath of Office within 10 days of its execution. Tex. Water Code Ann. Sections 36.055(d); 49.055(d)

Officers Not Required to File Oath of Office with the Secretary of State:

• Members of the Legislature elected to a regular term of office will have their Oath of Office administered in chambers on the opening day of the session and recorded in the appropriate Journal. Members elected to an unexpired term of office should file their Oath of Office with either the Chief Clerk of the House or the Secretary of the Senate, as appropriate.

• All other persons should file their Oaths locally. Please check with the county clerk, city secretary or board/commission secretary for the proper filing location.

Questions about this form should be directed to the Government Filings Section at (512) 463-6334 or [email protected]. Revised 10/2011




Form #2204 Rev. 10/2011 Submit to: SECRETARY OF STATE Government Filings Section P O Box 12887 Austin, TX 78711-2887 512-463-6334 Filing Fee: None

OATH OF OFFICE


IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, Gerardo "Jerry" Tafolla , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of City of Weslaco City Commissioner District #4 of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God.

Signature of Officer

State of Texas ) County of Hidalgo )

Sworn to and subscribed before me this 8th day of November , 20 12 .

(seal)

Signature of Notary Public or Other Officer Administering Oath

Elizabeth M. Walker Printed or Typed Name



Form 2201 - Statement of Officer (General Information)

Execution and Delivery Instructions The Statement is considered filed once it has been received by this office. Mail: P.O. Box 12887, Austin, Texas 78711-2887. Overnight mail or hand deliveries: James Earl Rudder Officer Building, 1019 Brazos, Austin, Texas 78701. Fax: (512) 463-5569. Email: Scanned copies of the executed Statement may be sent to [email protected]. NOTE: The Statement of Officer form, commonly referred to as the “Anti-Bribery Statement,” must be executed and filed with the Office of the Secretary of State before taking the Oath of Office (Form 2204).

Commentary Article XVI, section 1 of the Texas Constitution requires all elected or appointed state and local officers to take the official oath of office found in section 1(a) and to subscribe to the anti-bribery statement found in section 1(b) before entering upon the duties of their offices. Local officers must retain the signed anti-bribery statement with the official records of the office. This form is designed for filing the anti-bribery statement by elected and appointed state-level officers. Elected and appointed state-level officers required to file the anti-bribery statement with the Office of the Secretary of State include members of the Legislature, the Secretary of State, and all other officers whose jurisdiction is coextensive with the boundaries of the state or who immediately belong to one of the three branches of state government. Op. Tex. Att’y Gen. No. JC-0575(2002). Questions about whether a particular officer is a state-level officer may be resolved by consulting relevant statutes, constitutional provisions, judicial decisions, and attorney general opinions. Questions about this form should be directed to the Government Filings Section at (512) 463-6334 or [email protected]. Revised 10/2011




Form #2201 Rev. 10/2011 Submit to: SECRETARY OF STATE Government Filings Section P O Box 12887 Austin, TX 78711-2887 512-463-6334 512-463-5569 - Fax Filing Fee: None

STATEMENT OF OFFICER


Statement

I, Gerardo "Jerry" Tafolla , do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God.

Position to Which Elected/Appointed: City of Weslaco City Commissioner District #4

City and/or County: Weslaco, Hidalgo County, Texas

Execution

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated therein are true. Date: Signature of Officer

Revised 10/2011




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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Gilbert Cardenas Jr. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1007 N. Border Ave., also being 1.12 Acre of land out of Farm Tract 133, West Tract Subdivision, 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 October 29, 2012. Sixteen (16) property owners within 200 ft. of the applicant’s property were notified by letter on November 2, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/14/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends approval of the rezone request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.





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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official for City of Weslaco, on behalf of Carlos De La Cruz, d.b.a. Mid-Laguna Azul, LLC. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s On-Premise Permit at 1501 N. Westgate, also being 0.491 AC, Block C, Expressway Heights Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain a Wine and Beer Retailer’s On-Premise Permit. 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 October 29, 2012. Sixteen (16) property owners within 200 ft. of the applicant’s property were notified by letter on November 2, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/14/2012, recommends approval. Staff Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.





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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official for City of Weslaco, on behalf of SDI Operating, LLC, d.b.a. Tejano Mart #408. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 1540 E. Business Hwy. 83, also being Lot 1, Airport Medical Center Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit. 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 October 29, 2012. Eighteen (18) property owners within 200 ft. of the applicant’s property were notified by letter on November 2, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/14/2012, recommends approval. Staff Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.




A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, NOVEMBER 6, 2012

On this 6th day of November 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 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; Assistant Fire Chief Rudy Garza; Martin Mata, Assistant Library Director; Joe Pedraza, Health Supervisor; Rosa Huerta, Court Administrator; 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, November 2, 2012.

B. Invocation. Pastor Rene Vega from the Mid-Valley Assembly of God 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 absence of Commissioners Garza, Noriega, and Tafolla.

II. 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 October 16, 2012; (Requested by City Secretary’s Office.) Attachment.



B. Approval of the renewal of the membership for 2013 in the amount of $100.00 in the Electric Reliability Council of Texas (“ERCOT”), the entity in Texas responsible for operating the deregulated wholesale electricity market and overseeing the grid in the deregulated portion of the state, and authorize the Mayor to execute any related documents. (Requested by City Attorney’s Office.) Attachment.

C. Approval of Resolution 2012-67 and corresponding membership in the amount of $510.00 in the Sister Cities International program, and authorize the Mayor to execute any related documents. (Requested by the Mayor.) Attachment.

D. Authorization of the renewal of a Food for Fines program at the Mayor Joe V. Sanchez Public Library, allowing library patrons to exchange canned goods for outstanding library fees through December 2012 in support of a food drive by the Rio Grande Valley Food Bank. (Requested by the Library.) Attachment.

E. Acceptance by the Mayor Joe V Sánchez Public Library of two (2) computers from the Workforce Solutions agency for public job training and job seeking activities, and authorize the Mayor to execute any related documents. (Requested by the Library.) Attachment.

F. Authorization to apply funds from the Court Technology Fund to pay the annual fees for Incode software service including Court Case Management, Police (Non-Incode Interface to Court), AcuCorp Run Time, Epson TM-U950 Receipt Validation Printer, as well as Media Plus Automated Cash Drawer in an amount not to exceed $8,376.32 and authorize a budget amendment as appropriate. (Requested by Municipal Court.). Attachment.

G. Authorization to apply fund from the Court Technology Fund for the lease of a copy/printer/facsimile machine and excess copies in an amount not to exceed $2,300.00 and authorize a budget amendment as appropriate. (Requested by Municipal Court.). Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, the Resolution reads as follows:

RESOLUTION NO. 2012-67 Establishing a Sister City Relationship

Between the City of Weslaco, Texas, of the United States of America and the San Miguel de Allende, Guanajuato, Mexico

WHEREAS, the parties herein, the City of Weslaco, Texas of the United States and San Miguel de Allende, Guanajuato, Mexico agree to establish a Sister City Relationship for the purpose of the development of mutual understanding and friendship of two countries and improvement of friendly consultation; and WHEREAS, the parties agree to develop exchanges and cooperation on economy, trade, technology, culture, education, sports, health and personnel to promote mutual prosperity; and

WHEREAS, the leaders of both parties shall rely on each other for collaboration on projects,



meaningful conversation, problem solving, and action as a united voice.

Passed and approved this 6th day of November, 2012. /s/ Miguel D. Wise, MAYOR

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

III. NEW BUSINESS

A. Discussion and consideration on behalf of R.O.G. A.N.D.E., L.T.D., owners David Guerra and Bryan Hall, to approve the Final Plat of Blue Wave Subdivision, being a re-subdivision of 4.61 acres out of all of Lot 1, Westgate-Miller Subdivision and all of Lots 2 and 3, Westgate Drive Plaza 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 that the Planning and Zoning Commission and staff recommend approval contingent on the installation of street lights. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

B. Discussion and consideration on behalf of the County of Hidalgo to approve the Final Plat of Hidalgo County Precinct 1 Constable Office Subdivision, being a 2.037 acre tract of land out of Lot 7, Block 2 Mid-Valley Industrial Park 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 that the 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 to award the bid contract for the unleaded and diesel fuel supplier for Fiscal Year 2012-2013 to the best qualified, most advantageous bidder and to authorize the Mayor to execute any related documents. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated a five member staff committee reviewed the bids and recommends Oil Patch Fuel and Supply; last year the City spent $470,000.00 on fuel. The Mayor Pro-Tem clarified that local vendor Betts Oil bid within the three-percent allowable through the local vendor advantage; Ms. Gloria Givilancz confirmed that Betts proposed $0.02 above the OPUS rate, whereas Oil Patch bid $0.01 below the OPUS rate. The City Attorney stated for the record that the local vendor receives a legal advantage in accordance with state purchasing procedures, recognizing that it hires



local people and pays local sales and property tax. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to award the bid contract for the unleaded and diesel fuel supplier for Fiscal Year 2012-2013 as the best qualified, most advantageous bidder to Betts Oil & Butane, Inc. whose principle place of business is in the City of Weslaco and whose bid was within three-percent (3%) of the lowest bid submitted by Oil Patch Fuel Supply, who is not a resident of the City of Weslaco, and because Betts Oil offers the City of Weslaco the best combination of contract price and economic development opportunities for the City of Weslaco by employing Weslaco residents and increased tax revenues to the City of Weslaco as authorized by §271.095 of the Texas Local Government Code and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Wise was present, but not voting.

D. Discussion and consideration to extend the Depository Services Contract with BBVA Compass Bank, November 1, 2012 through October 31, 2014 as authorized by §105.017 of the Local Government Code, approve corresponding Resolution amending Resolution 2011-36 identifying authorized signatories, and authorize the Mayor to execute any related documents. Possible action. (Contract awarded August 18, 2009; Requested by Finance Department.) Attachment. The City Manager state the contract expired and is presently within its evergreen period; additionally, BBVA Compass Bank offered a competitive rate on loans. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve the item as presented with Resolution 2012-68. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, the Resolution reads as follows:

RESOLUTION NO. 2012-68

STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION AUTHORIZING EXECUTION DEPOSITORY AGREEMENT BETWEEN THE WESLACO AND COMPASS BANK

BE IT RESOLVED By the City Commission of the City of Weslaco that:

1. The attached Depository Agreement was presented, considered and approved by the Weslaco City Commission on November 6, 2012.

2. All requirements of law regarding the notice requirements to the public and posting agenda requirements under The Texas Open Meeting Act were complied with.

3. Mayor Miguel D. Wise and any other Elected, or appointed City of Weslaco officials are

authorized to execute the attached Depository Agreement, if needed, or any other documents needed to implement the attached Depository Agreement.

PASSED AND APPROVED this 6th day of November, 2012. /s/ Miguel D. Wise, MAYOR

ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM:



/s/ Ramon Vela, CITY ATTORNEY

E. Discussion and consideration to authorize a Development Agreement between the Economic Development Corporation of Weslaco and Darden Restaurants, Inc. to provide an incentive in excess of One Hundred Thousand Dollars ($100,000.00) for a national full service restaurant to locate in Weslaco. Possible action. (Requested by the Economic Development Corporation.) Attachment. Mr. Hernan Gonzalez stated through this agreement a Longhorn Steakhouse would be established west of the Chuck E. Cheese; the proposal is the same as extended to the Olive Garden, with $60,000.00 paid on the issuance of the certificate of occupancy and $60,000.00 paid on the first anniversary of its opening based on performance. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

F. Discussion and consideration to reschedule the next regular meeting of the Weslaco City Commission from Tuesday, November 20, 2012 to Tuesday, November 27, 2012 in accordance with Ordinance 2011-05. Possible action. (Requested by City Manager’s Office.) Attachment. The City Manager stated the City Charter requires one meeting per month; this proposed action would be in compliance, simply moving the second meeting of the month to the week following Thanksgiving. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

IV. REPORTS

A. Report by City Manager on Departmental Update, Upcoming Meetings, Media Reports, and Public Feedback. Attachment. The City Manager complimented the Fire Chief for his completion and passage of the fire academy for fire chiefs. He referenced his written report.

V. PUBLIC COMMENTS There were no comments received.

VI. ADJOURNMENT With no other business before the Commission, at 5:52 p.m. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to adjourn the November 6, 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

(absent) COMMISSIONER, Robert J. Garza

(absent) COMMISSIONER, Olga M. Noriega

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



Date of Meeting: Nov. 27, 2012 or next available meeting.

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

From : Arnoldo Becho, Library Director, Mayor Joe V. Sanchez Public Library Subject: The Mayor Joe V. Sánchez Public Library would like to gain authorization for: the submission of a grant application to the ERate 2013-2014 program, the acceptance of funds upon award, the execution of all related documents, and the acceptance of additional funding if awarded during the grant year. Discussion: The Schools and Libraries Program of the Universal Service Fund (ERate) makes discounts available to eligible schools and libraries for telecommunication services, internet access, and internal connections. The program is intended to ensure that schools and libraries have access to affordable telecommunications and information services. The library would like to continue participation and seeks permission to do so. 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: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: The library will post the required request for bids on the City’s webpage. Advisory Review, if any (name of board/committee, date of action, recommendation): The Library Board recommends approval. Recommendation for Commission Action: The Library recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): ERate Overview and ERate Application Flowchart Responsibilities upon Approval: The library will follow ERate protocols and requirements through the duration of the 2013-2014 program. The Mayor will have to sign several documents during the process; the City Secretary will be notified when this action is required.




E-RATE DISCOUNTS FOR SCHOOLS AND LIBRARIES The E-Rate Program - or, more precisely, the Schools and Libraries Universal Service Support Mechanism - provides discounts to assist most schools and libraries in the United States to obtain affordable telecommunications and Internet access. Four service categories are funded: Telecommunications Services, Internet Access, Internal Connections Other Than Basic Maintenance, and Basic Maintenance of Internal Connections. Discounts range from 20% to 90% of the costs of eligible services, depending on the level of poverty and the urban/rural status of the population served. Eligible schools, school districts and libraries may apply individually or as part of a consortium. The E-Rate Program supports connectivity - the conduit or pipeline for communications using telecommunications services and/or the Internet. The school or library is responsible for providing additional resources such as the end-user equipment (computers, telephones, and the like), software, professional development, and the other elements that are necessary to realize the objectives of that connectivity. The E-Rate Program is one of four support mechanisms funded through a Universal Service fee charged to companies that provide interstate and/or international telecommunications services. The Universal Service Administrative Company (USAC) administers the Universal Service Fund at the direction of the Federal Communications Commission (FCC); USAC’s Schools and Libraries Division (SLD) administers the E-Rate Program. This document summarizes the process schools and libraries follow to apply for and receive E-Rate Program discounts. Each of the steps in this process - preparing a technology plan, opening the competitive process (Form 470), seeking discounts on eligible services (Form 471), confirming the receipt of services (Form 486), and invoicing for services (Forms 472 and 474) - is covered in more detail below. However, this document is not intended to be a substitute for form instructions or the guidance materials posted on the SLD section of the USAC website. The Technology Plan Shows How Technology Will Improve Education or Library Services

The first step for many schools, school districts, and libraries that intend to apply for E-Rate Program discounts is to prepare a technology plan. This plan sets out how technology will be used to achieve specific curriculum reforms or library service improvements. It guides planning and investment - both for E-Rate funds and for the other resources needed to take advantage of technology. A technology plan designed to improve education or library services must contain the following components:

• Clear goals and a realistic strategy for using telecommunications and information technology

• A professional development strategy to ensure that staff know how to use these new technologies

• An assessment of the telecommunication services, hardware, software, and other services needed

• An evaluation process that enables the school or library to monitor progress toward the specified goals.

Before discounted services begin, a SLD-certified technology plan approver must approve their technology plans. Applicants can locate SLD-certified approvers by



using a search tool available on the website. However, applicants who seek discounts only for Telecommunications Services and/or Internet Access need not prepare technology plans. The FCC Form 470 Opens a Competitive Process for the Services Desired

After the technology plan has been developed and the applicant has identified the products and services needed to implement the plan, the applicant submits to the SLD a Form 470, Description of Services Requested and Certification Form, either online or on paper. The SLD posts completed forms on the website to notify service providers that the applicant is seeking the products and services identified. Applicants must wait at least 28 days after the Form 470 is posted to the website and, if applicable, at least 28 days after a Request for Proposal (RFP) is publicly available and consider all bids received before selecting the service provider to provide the services desired. In addition, applicants must comply with all applicable state and local procurement rules and regulations and competitive bidding requirements. A complete description of the requirements associated with the Form 470 can be found in the Form 470 Instructions. • An applicant cannot seek discounts for services in a category of service on the

Form 471 if those services in those categories were not indicated on a Form 470.

• The Form 470 MUST be completed by the entity that will negotiate with potential service providers.

• The Form 470 cannot be completed by a service provider who will participate in the competitive process as a bidder. If a service provider is involved in preparing the Form 470 and that service provider appears on the associated Form 471, this will taint the competitive process and lead to denial of funding requests.

• The Form 470 applicant is responsible for ensuring an open, fair competitive process and selecting the most cost-effective provider of the desired services.

• The applicant should carefully consider whether to receive discounts on bills or reimbursements for services paid in full.

• The applicant must save all competing bids for services to be able to demonstrate that the bid chosen is the most cost-effective, with price being the primary consideration. As with all documents that may be requested as part of an audit or other inquiry, such bids should be saved for at least five years after the last date of service delivered.

Note that once an applicant has signed a multi-year contract in a prior funding year pursuant to a posted Form 470, it need not submit a new Form 470 to be eligible to apply for discounts on the services provided under that multi-year contract for future funding years. After the SLD has successfully posted a Form 470 to the website, the SLD sends the applicant a Form 470 Receipt Notification Letter that provides important information, including the “Allowable Vendor Selection/Contract Date,” the earliest date the applicant can select a service provider, execute a contract, and submit a complete Form 471. The FCC Form 471 Seeks Funding for Eligible Services Competitively Bid

Having selected the service provider, the applicant is ready to complete the Form 471, Services Ordered and Certification Form - the actual request for funding. Because the amount of funding available each year is capped at $2.25 billion (indexed for inflation) and demand in most years has significantly exceeded funds available, FCC rules prescribe a filing window during which all Forms 471 that are filed are treated as if simultaneously received. (Applications that are not filed



within that timeframe likely will not receive funding.) Once the filing window opens, the applicant can submit the Form 471 either online or on paper. The Form 471 is used to calculate the discount percentage to which the applicant is entitled. In general, the E-Rate Program discount is based on the percent of the local school district population eligible for the National School Lunch Program. The Form 471 also lists the individual funding requests, which must be separated by service category and service provider. • ALL window filing requirements – as stated in the Form 471 Instructions – MUST

be met in order for an application to be considered with all others received in that timeframe.

• Schools and libraries are required to pay the non-discount portion of the services for which they receive discounts.

• Funding requests should be limited to the cost of eligible services to be delivered to eligible entities for eligible purposes. If 30% or more of the services in a request are ineligible, the entire request will be denied.

• There are a number of important certifications on the Form 471. Applicants should be sure they can truthfully and correctly make these certifications. The SLD checks the accuracy of the certifications made by applicants and denies funding if one or more of the certifications are found to be untrue. False statements on the Form 471 (and other FCC forms) can result in civil and/or criminal liability.

• The Form 471 cannot be processed without the required attachment(s), which must contain detailed information about the products and services ordered so that the SLD can verify eligibility.

• The Form 471 Receipt Acknowledgment Letter provides important information to the applicant and the service provider, including a summary of the data from the Form 471.

The Funding Commitment Decision Letter Contains SLD Decisions on Funding Requests

Once the Form 471 has been reviewed, the SLD issues one or more Funding Commitment Decision Letters (FCDLs) to both the applicant and the service provider, setting out its decisions for each funding request. If an applicant believes any of its funding requests have been incorrectly reduced or denied, the applicant can appeal the decision(s), either to the SLD or to the FCC. Appeals must be RECEIVED OR POSTMARKED no later than 60 days after the date of the SLD decision letter. The FCC Form 486 Tells SLD that Delivery of Services Has Begun

In order to help the SLD ensure that it pays service providers only for services that have actually been delivered, the applicant submits the Form 486, Receipt of Service Confirmation Form, listing each separate funded request for which the delivery of services has begun. However, applicants who have confirmed that delivery of services will begin in July of the Funding Year may be able to file the Form 486 early (on or before July 31 of the Funding Year). The Form 486 also tells the SLD that the applicant’s technology plan – if required – has been approved, and informs the SLD of the applicant’s status of compliance with the Children’s Internet Protection Act (CIPA). Funding may be reduced if the Form 486 is received or postmarked after the deadline listed later in this document. The Invoice (FCC Form 472 or FCC Form 474) Tells SLD to Pay the Service Provider

The SLD must receive an invoice in order to pay the discount amount on services for which funds have been committed. If applicants receive discounts on their bills from service providers, the service providers must submit the Form 474, Service Provider Invoice Form, to receive payment for the discounts they have provided. If applicants wish to request reimbursement for services for which they have already paid in full, they must submit the Form 472, Billed Entity Applicant Reimbursement Form. The SLD bases the billing mode for each funding request – discounting or



reimbursement – on the first type of invoice it processes for payment. Note that payment will not be made on a Form 472 or a Form 474 received or postmarked after the deadline listed later in this document. Receipt of discounts or reimbursements completes the E-Rate process. Retention of Records and Audits

Applicants MUST maintain their records for at least five years after the last date of service delivered to be able to comply with audits and other inquiries or investigations. USAC and the FCC visit a sample of applicants to ensure services have been delivered in compliance with FCC rules. How to Get More Information

All of the concepts covered in this overview are discussed in more detail on the website at www.usac.org/sl. Specific information on completing the individual forms can be obtained by downloading the forms and instructions from the website. In addition, the Reference Area of the website contains information on deadlines, sample letters, frequently asked questions, and other useful documents. The SLD Client Service Bureau is also available to answer questions by telephone, fax or e-mail during normal business hours:

Telephone: 1-888-203-8100 Fax: 1-888-276-8736 E-mail: Use the “Submit a Question” link on the SLD website

E-Rate Program Timetable and List of Deadlines

Form or Event Deadline or Dates

Funding Year July 1 through the following June 30 (non-recurring services through the following September 30)

Form 470

Posted at least 28 days before the filing of the Form 471, keeping in mind (1) the timeframe for compliance with all competitive bidding requirements and (2) the Form 471 application filing window opening and closing dates

Form 471 window

Early November to early February preceding the start of the Funding Year (exact dates for each funding year will be posted on the website)

Form 471 Received or postmarked no later than 11:59 PM EST on the day of the close of the Form 471 application filing window (exact date will be posted on the website)

Form 486 Received or postmarked no later than 120 days after the date of the Funding Commitment Decision Letter or 120 days after the Service Start Date, whichever is later

Form 472 / Form 474

Received or postmarked no later than 120 days after the date of the Form 486 Notification Letter or 120 days after the last date to receive service, whichever is later

Appeals Received no later than 60 days after the date of the SLD decision letter



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

From: Arnoldo Becho, Library Director, Mayor Joe V. Sanchez Public Library Subject: Request to approve acceptance of donated monies and gift donations from local vendors and/or the public for library programing within FY 2012 – 2013. This includes programing within the popular Summer Reading Program (SRP) and Winter Reading Program (WRP). Discussion: The Mayor Joe V. Sanchez Public Library would like to request permission to apply all monetary donations solicited for library programing to the Library Programing Budget line item. The funds received will be used with reasonable respect to the intentions of the donors. Gift donations for library programing will be used as incentives for reading and participation. Predominant among library programing are our annual SRP and WRP. This request asks for permission to solicit gifts for those programs as well as other library programing that may take place throughout the year. 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): The Library Board recommends approval Recommendation for Commission Action: The WPL recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Solicitation of donations by the Library.





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

From : Arnoldo Becho, Library Director, Mayor Joe V. Sanchez Public Library Subject: The Mayor Joe V Sánchez Public Library would like to add new toy donation to the Food for Fines program. This activity will help support holiday toy drives done through the Parks Department. Discussion: The Food for Fines program allows library patrons to bring in canned goods and other applicable food items in exchange for forgiveness of library fines. This was approved within the Nov. 6th Commissioner’s Meeting. We would like to add toy donation to the Food for Fines program. This will help support the Parks Department holiday toy drive. For each new toy submitted to the library, a fine on one single item will be forgiven. The program will run through the remainder of the year, in conjunction with the Thanksgiving and Christmas Holidays. All toys gathered will go to the Parks Department toy drive. This program will not apply to cost associated with lost or damaged library items. 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: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Following approval the library will begin exchanging new toys for fine amnesty.

















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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Gilbert Cardenas Jr. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1007 N. Border Ave., also being 1.12 Acre of land out of Farm Tract 133, West Tract Subdivision, 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 October 29, 2012. Sixteen (16) property owners within 200 ft. of the applicant’s property were notified by letter on November 2, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/14/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends approval of the rezone request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.




















ORDINANCE NO. 2012-26 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1007 N. BORDER AVE., ALSO BEING 1.12 ACRE OF LAND OUT OF FARM TRACT 133, WEST TRACT SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 SINGLE FAMILY DWELLING DISTRICT” TO “B-1 NEIGHBORHOOD BUSINESS DISTRICT.” BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District,” 1.12 acre of land out of Farm Tract 133, West Tract Subdivision, also being 1007 N. Border Avenue, 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 27th day of November , 2012. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 18th day of December, 2012. CITY OF WESLACO Miguel D. Wise, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY




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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official for City of Weslaco, on behalf of Carlos De La Cruz, d.b.a. Mid-Laguna Azul, LLC. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s On-Premise Permit at 1501 N. Westgate, also being 0.491 AC, Block C, Expressway Heights Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain a Wine and Beer Retailer’s On-Premise Permit. 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 October 29, 2012. Sixteen (16) property owners within 200 ft. of the applicant’s property were notified by letter on November 2, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/14/2012, recommends approval. Staff Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.























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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official for City of Weslaco, on behalf of SDI Operating, LLC, d.b.a. Tejano Mart #408. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 1540 E. Business Hwy. 83, also being Lot 1, Airport Medical Center Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit. 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 October 29, 2012. Eighteen (18) property owners within 200 ft. of the applicant’s property were notified by letter on November 2, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/14/2012, recommends approval. Staff Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit request. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.































































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

From (name, title, department and who submitting on behalf of, if any): Gloria Givilancz, Asst. Finance Director, Finance Department Subject: The City of Weslaco Texas Municipal Retirement System (TMRS) ordinance effective January 1, 2013. Discussion: Discussion and consideration to approve the City of Weslaco Texas Municipal Retirement System (TMRS) ordinance effective January 1, 2013. Possible action. Attachment. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [X ] 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”): Responsibilities upon Approval:








TMRS-USC T CPI Ordinance 2012-25

TEXAS MUNICIPAL RETIREMENT SYSTEM

AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE MEMBERS OF THE CITY OF WESLACO; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date has at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 50% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) On the terms and conditions set out in Section 853.601 of said title, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 853.601. (c) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person.



Page 2.

(b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 30% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Effective Date Subject to approval by the Board of Trustees of Texas Municipal Retirement System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 2013.

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

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 18th day of December 2012.

CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: __________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY









































































November 14, 2012 Ms. Elizabeth Walker City Secretary, City of Weslaco 255 South Kansas

Weslaco, TX 78596 Dear Ms. Walker: On behalf of the Economic Development Corporation of Weslaco and the Weslaco Area Chamber of Commerce, I request that the following item be placed on the agenda at the next regular City Commission meeting (November 27, 2012): The request is for the approval to host the 2012 Mid-Valley Christmas Lighted Parade on Thursday, December 20th, at 6:00 p.m. on Texas Boulevard from Pike Boulevard to Sixth Street. We would also like to request that all fees associated with the event be waived. We would like to request the assistance of the Weslaco Police Department, Weslaco Fire Department/EMS and Weslaco Public Facilities Department. In addition we are requesting the use of the City Hall parking lot to host the Alfresco Weslaco event after the parade. I would also like to request that City Department directors to serve on the Parade Committee in addition to citizen volunteers. Sincerely, Alicia Aguilar Marketing & Business Retention Director Cc: Weslaco City of Mayor, Miguel D. Wise

Weslaco City Manager, Leo Olivarez Weslaco Police Chief, Mike Kelley Weslaco Parks Dept., Erasmo Lozano Weslaco Public Facilities, Oscar Garcia Weslaco Fire Department, Santiago Cuellar Weslaco Emergency Mgmt. Coordinator George Garrett









STATE OF TEXAS

COUNTY OF HIDALGO

CITY OF WESLACO

§

§

§

WESLACO MID VALLEY AIRPORT

GROUND LEASE AGREEMENT

This Ground Lease Agreement is entered into this the _____ day of ____________, 20___, the effective date between the City of Weslaco, a Home-Ruled Municipal Corporation having its principal place of business at 255 S. Kansas Avenue, Weslaco, Hidalgo County, Texas 78596, hereinafter referred to as “Lessor” and Economic Development Corporation of Weslaco, an corporationwhose principal office is located at 275 S Kansas Suite A, Weslaco 78596, hereinafter referred to as “Lessee”.

WHEREAS, The City of Weslaco Owns and Operates the Weslaco Mid Valley Airport and all grounds within the area designated as the Mid Valley Airport for aeronautical purpose, to include landing, takeoffs, storage of aircraft and the sales of fuel.

WHEREAS, Lessor and Lessee are committed to the proper operation, improvement, and continued development of the Weslaco Mid-Valley Airport, hereinafter called “Airport”; and

IN WITNESS WHEREOF, in consideration of the premises, the mutual covenants contained herein, and other good and valuable considerations, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:

SECTION 1. LEASED PREMISES:

Land - Lessor does hereby lease to Lessee approximately 9600 sq. ft of land located on the Airport more particularly described on Exhibit "A" as Leased Premises, together with all improvements located thereon, and as identified on the "Airport Layout Plan" and incorporated herein, all hereinafter referred to as the "Leased Premises". Lessee hereby leases the Leased Premises from Lessor subject to the terms, covenants and conditions stated below.

Lessee has inspected the Leased Premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this Lease. Lessor and any agent have made no express or implied warranties as to the condition or permitted use of the Leased Premises.. Lessee agrees that it is not relying on any warranty or representation made by Lessor, Lessor's agent, or any broker concerning the use of the Leased Premises.

Lessor shall deliver possession of the Leased Premises to Lessee as of the Effective Date hereof.

Lessee shall be responsible for maintenance and insurance of the Leased Premises upon delivery of possession to Lessee. Lessee shall give a copy of the Insurance Policy to Lessor before taking possession.

SECTION 2. TERM:

This Lease shall be for ____________ (___) years, (the "Term"), beginning on _____ day of _____ 20___ and ending on the __________day of ________20____

SECTION 3. CONSIDERATION:

1. Lease Payments - Subject to adjustment as herein below provided, Lessee agrees to pay to Lessor, without offset or deduction, payment for the Leased Premises at the rate of $1,152.00 annual in advance, (the "Lease Payment"). The annual payment shall be due and payable on or before the first



day of __________, 20___, with successive monthly payments being due and payable on the first day of each month thereafter during the Term hereof.

2. Payment Method- All Lease Payments shall be paid as the same become due, without demand, in

lawful currency of the United States made payable to the City of Weslaco by mail at 255 S. Kansas Avenue, Weslaco, Texas 78596, or by hand-delivery to the Administration Office of the Airport.

3. Late Payments – If Lessee make the lease payment within 10 days after the same is due, a Late

Payment penalty equal to 10% of such payment shall be charged to Lessee. In the event Lessee shall become delinquent for more than 30 days, this Lease may be terminated by Lessor as further defined in Section 10 - Termination.

SECTION 4. CONSTRUCTION OF IMPROVEMENTS:

1. Construction - Lessee agrees to construct all buildings, ramps and facilities (as more fully described in Exhibit "C"-The "Improvements"), which will be constructed by Lessee at Lessee’s expense. Construction must begin within one hundred twenty (120) days after the effective date this Lease and must be substantially completed within one hundred eighty (180) days thereafter. The Improvements on the Leased Premises shall remain the Lessee's property until expiration or termination of this Lease.

2. Prior to construction of the improvements, the Lessee shall obtain the Lessor's written approval of

the plans and specifications for such construction, which approval the Lessor shall not unreasonably withhold. The preliminary submission by the Lessee shall employ essentials of aesthetics, convenience, function and design, and shall be compatible in such respect with those of the Airport. Upon approval of such preliminary plans, Lessee shall prepare complete plans and specifications for the proposed construction. A construction application and final plans and specifications, when rendered, shall be submitted to the Lessor for approval, which approval shall not be unreasonably withheld. The Lessee shall include in all construction contracts entered into by it, in connection with any or all of the construction work, a provision requiring all contractors to indemnify, hold harmless, defend and insure Lessor, its Officers, Agents, and Employees, against the risk of death, injury, or damage to persons or property, direct or consequential, arising out of or in connection with the performance of any or all of such construction work. The Lessee shall require all contractors to furnish liability insurance in such reasonable amounts as may be required by the Lessor. In the alternative, the Lessee itself may provide the indemnity and liability insurance otherwise required of contractors. Lessor agrees to provide approval or disapproval within thirty (30) days of receipt of each written request.

3. All plans and specifications referred to above and all construction, renovation, remodeling, or

refurbishing to or upon the Leased Premises shall meet all current Building Codes as adopted by the City of Weslaco and administered by the City Planning and Zoning Department, and shall provide for the construction to be from material satisfactory and acceptable to the Lessor. During the progress of all work, Lessor's duly authorized representative may enter upon the Leased Premises and make such inspections as may be reasonably necessary for the purpose of satisfying Lessor that the work or construction meets such requirements and standards.

4. The Lessee further covenants that all construction work to be performed by it or its contractors, including all workmanship or materials shall be of first class quality and shall be performed in accordance with the plans and specifications approved by the Lessor. Lessee agrees that it shall deliver to the Lessor "as built" transparencies of the improvements constructed by it and shall, during the term of this Lease keep such transparencies, if any, current, showing thereon any changes or modifications which may be made in or to the improvements.

5. The Lessee will complete a FAA Form 7460-1, "Notice of Proposed Construction or Alteration," and receive a favorable determination from the FAA prior to any construction on the Facility.



SECTION 5. TAXES, FEES AND INSURANCE:

Lessee shall be liable for all taxes and fees owed on or by his personal business or himself. Under no circumstances shall Lessor be liable for or be required to pay any tax or fee owed by Lessee. Lessee shall provide his own insurance coverage for all Lessee Improvements and Lessee owned property located in or on the Leased Premises and shall provide business liability insurance in an amount of $1,000,000.00 with Lessor listed as an additional Insured. Certificates of such required insurance shall be furnished by Lessee to Lessor and certificates presently then in effect shall be on file at all times. Any changes in those certificates must have the prior written approval of Lessor.

SECTION 6. CONDITIONS OF USE OF THE LEASED PREMISES:

1. Condition of Leased Premises; Compliance with Law - Lessee agrees that it will at all times keep the Leased Premises, including the inside and the outside of any facility, clean and free of trash, litter, tall grass, weeds, junked automobiles, and scrap parts. Lessee shall abide by all applicable laws and rules of the Environmental Protection Agency, the Texas Natural Resources Conservation Commission, the Texas Department of Agriculture, the Texas Department of Transportation, and any other public agency concerning the use, storage, and disposal of hazardous chemicals, fuel, and/or oil. Lessee further agrees to abide by the manufacture's directions in regards to the use, storage and disposal of all pesticides, herbicides, and other chemicals plus their containers used at the Airport.

2. Clean-up by Lessor; Charge against Lessee - Should Lessee fail to keep the Leased Premises clean

and free of hazards, Lessor may, after 30 days written notice, arrange for the clean up of the littered or hazardous area. Such clean up shall be charged to Lessee and payable upon demand. Failure to render immediate payment for such cleanup is considered default of the Lease and grounds for Lessor to terminate this Lease.

3. Compliance with Laws, Rules and Regulations - Lessee will comply with all laws, rules and

regulations now existing or hereafter established by the United States of America, the State of Texas, the County of Hidalgo, and their respective agencies, including the Federal Aviation Administration, the Texas Department of Transportation Aviation Division (TxDOT Aviation), and the Air Port Board. The Rules and Regulations are incorporated by reference as if written verbatim herein, and Lessee agrees to comply fully at all times with the Rules and Regulations. Lessor shall have the right to amend, notify and alter the Rules and Regulations from time to time in a reasonable manner for the purpose of assuring the safety, welfare and convenience of Lessor, Lessee and all other Lessees and customers of the Airport.

4. Requirements of U.S.A. - It is expressly understood and agreed that this Lease is subject to and

subordinate to and controlled by provisions, stipulations, covenants and agreements contained in those certain contracts, agreements, resolutions and actions of Lessor constituting agreements between Lessor and the United States of America and its agents, including, but not limited to, the Federal Aviation Administration (FAA) and the Texas Department of Transportation Aviation Division (TxDOT Aviation) and all regulations now and hereafter imposed upon the Lessor and that the Lessor shall not be liable to Lessee on account of any of the foregoing matters and all of such contracts, agreements, resolutions, and regulations are incorporated herein by reference, and if any provision of this Lease is determined to be at variance with same, such provision is unilaterally reformable at Lessor's option.

5. FAA Requirements - The Lessor and Lessee recognize and agree this Lease shall be subject to: such

regulations and approvals as required by the FAA and TxDOT Aviation and in particular those FAA regulations which provide that the property subject to this Lease shall be used for Airport purposes and in such a manner so as not to materially and adversely affect the development and improvement, operation or maintenance of the Airport; and to the requirements of national emergency. Lessee agrees to cooperate and assist Lessor in complying with such regulations and conditions of approval.



All runways and Airport facilities shall be open to the general traveling public for the landing and operation of aircraft there from without hindrance or interference on the part of Lessee.

6. National Emergencies - This Lease is subject to the right of temporary reentry and use of certain

portions of the Airport by the Armed Forces of the United States Government during wartime involving the United States and in other national emergencies. In the event of any such re-entry, Lessee shall be entitled to receive the entire amount of any award made for such re-entry whether such award is paid by way of damages, rent or otherwise, unless such period of re-entry shall extend beyond the expiration date of the Term of this Lease, in which case such award, after payment to Lessor there from of the estimated cost of restoration of the Leased Premises to the extent that any such award is intended to compensate for damage to the Leased Premises shall be apportioned by Lessor and Lessee as of such date of expiration in the same ratio that the part of the entire period for which such compensation is made falling before the date of expiration and that part falling after, bear to such entire period.

SECTION 7. PERMITTED USE:

1. Except as otherwise provided herein, Lessee will use the Leased Premises for aviation purposes, and administrative offices, and in any lawful manner necessary or incidental to the conduct thereof. Any aviation activity Lessee wishes to perform that is not authorized herein may be approved by Lessor upon request by Lessee.

2. The Lessee will not make or permit any use of the Leased Premises, which would interfere with

landing or taking off of aircraft at the Airport, or otherwise constitute an Airport hazard or impair the future development of the Airport. This includes such items as electrical or electronic equipment, creation of smoke or dust or glaring or misleading lights.

3. Lessor hereby grants, assigns and conveys to Lessee reasonable non-exclusive, non-discriminatory

use, as defined by the FAA, of the runways, landing and taxiing ways, and common use portions of the Airport and related facilities (collectively referred to as "Common Areas") at all times, subject, however, to the right of others entitled to use thereof. The Lessee shall pay reasonable and customary fees for the use of such portions of the Airport. In the event that reasonable availability of the Airport for use by Lessee is discontinued for any cause or reason, Lessor shall use its best efforts to restore such availability at the earliest possible date.

4. The Lessor reserves for the use and benefit of the public, a right of flight for the passage of aircraft

in the airspace over the Leased Premises and for such noise as may be inherent in the operation of aircraft in said airspace, and for landing on, taking off from or operating on the Airport.

SECTION 8. RESTRICTED USE:

1. Lessee agrees not to make any additions or modifications to the Leased Premises unless agreed upon by both parties in writing. In the event of such consent, all improvements or modifications shall be made at the expense of Lessee and, at the expiration of this Lease and any extensions to this Lease, shall become the property of Lessor.

2. Lessee agrees that the usage of the Leased Premises plus any associated apron shall be limited to the

parking of his personal/company/customer owned aircraft. All automobiles, buses, trucks or other transportation modes must be parked or stored in approved automobile parking areas and/or inside any hangar, unless agreed upon by Lessor in writing.

3. Lessee agrees not to fuel or defuel any aircraft parked inside any hangar. Lessee agrees to have a

sufficient number of fire extinguishers of acceptable size as determined by the local fire marshal inside any hangar/office. Such fire extinguisher(s) shall be readily accessible in the event of a fire.



The local fire marshal or his designated representative reserves the right to periodically inspect such fire extinguishers and the facility for fire safety compliance.

4. Lessee agrees that it will not operate any non-aviation-related business or activity on the Leased

Premises without the express written consent of Lessor in advance. Any such non-aviation-related business or activity must be so established by a separate contract whose term does not xceed eighteen (18) months.

5. Lessee agrees Lessor and Lessor's authorized representatives shall have the right, during normal

business hours, to enter the Leased Premises (a) to inspect the general condition and state of repair thereof, (b) to make repairs permitted under this Lease, (c) to show the Leased Premises to any prospective Lessee or purchaser or (d) for any other reasonable and lawful purpose.

SECTION 9. ASSIGNMENT, SUBLETTING AND MORTGAGING OF LEASED PREMISES:

1. Without the prior written consent of Lessor, Lessee may not assign this Lease or any rights of Lessee hereunder (except to a leasehold mortgagee as herein below provided) or sublet the whole or any part of the Leased Premises. Any assignment or subletting shall be expressly subject to all the terms and provisions of this Lease, including the provisions of Section 6 pertaining to the use of the Leased Premises. In the event of any assignment or subletting, Lessee shall not assign Lessee's rights hereunder or sublet the Leased Premises without first obtaining a written agreement from each such assignee or sublessee whereby each such assignee or sub-Lessee agrees to be bound by the terms and provisions of this Lease. No such assignment or subletting shall constitute non-aviation. In the event of the occurrence of an event of default while the Leased Premises are assigned or sublet, Lessor-, in addition to any other remedies provided herein or by law, may at Lessor's option, collect directly from such assignee or sub-Lessee all rents becoming due under such assignment or subletting and apply such rent against any sums due to Lessor hereunder. No direct collection by Lessor from any such assignee or sub-Lessee shall release Lessee from the payment or performance of Lessee's obligations hereunder.

2. Lessee shall have the right to mortgage the leasehold estate of Lessee created hereby in order to

secure a mortgage loan for the purpose of obtaining funds for the construction of the improvements described in Paragraph 6 or for other construction upon the Leased Premises approved from time to time by Lessor in writing. In the event that Lessee pursuant to mortgages or deeds of trust mortgages the leasehold estate of Lessee created hereby, the leasehold mortgagee shall in no event become personally liable to perform the obligations of Lessee under this Lease unless and until said mortgagee become the owner of the leasehold estate pursuant to foreclosure, transfer in lieu of foreclosure, or otherwise, and thereafter said leasehold mortgagee shall remain liable for such obligations only so long as such mortgagee remains the owner of the leasehold estate. Notwithstanding the foregoing, it is specifically understood and agreed that no such mortgaging by Lessee and/or any actions taken pursuant to the terms of such mortgage shall ever relieve Lessee of Lessee's obligation to pay the rental due hereunder and otherwise fully perform the terms and conditions of this Lease.

3. All mortgages or deeds of trust whereby Lessee mortgages the leasehold estate of Lessee created

hereby shall contain provisions (A) requiring the leasehold mortgagee to give Lessor thirty (30) days written notice prior to accelerating the debt of Lessee to such mortgagee and/or initiating foreclosure proceedings under said mortgages or deeds of trust, and (B) allowing Lessor during such thirty (30) day notice period to cure Lessee's default and prevent said acceleration and/or foreclosure proceedings, and thereafter at Lessor's option to assume Lessee's position under said mortgages or deeds of trust.

4. Lessor agrees, if and so long as the leasehold estate of Lessee is encumbered by a leasehold

mortgage and written notice to such effect has been given to Lessor, to give the holder of such leasehold mortgagee at such address or addresses as may be specified in such written notice to



Lessor for the giving of notices to the leasehold mortgagee, or as otherwise may be specified by the leasehold mortgagee to Lessor in writing, written notice of any default hereunder by Lessee, simultaneously with the giving of such notice to Lessee, and the holder of any such leasehold mortgage shall have the right, for a period of fifteen (15) days after its receipt of such notice or within any longer period of time specified in such notice, to take such action or to make payment as may be necessary or appropriate to cure any such default so specified, it being the intention of the parties hereto that Lessor shall not exercise Lessor's right to terminate this Lease without first giving any such leasehold mortgagee the notice provided for herein and affording any such leasehold mortgagee the right to cure such default as provided for herein.

SECTION 10. TERMINATION:

1. Termination for Cause - This Lease Agreement may be terminated by Lessor upon the occurrence of an event of default by Lessee as set forth in Section 13 - Default by Lessee.

2. Termination by Mutual Consent - This Lease may be terminated by mutual agreement and consent

of both parties in writing. Such termination by mutual agreement shall cause both Lessor and Lessee to be free of any and all requirements of this Lease, except as contained in Paragraph 10.4 hereunder.

3. Requirements at Termination - At the termination of this Lease Agreement, either by normal

expiration, premature termination, or mutual agreement, Lessee shall peaceably vacate the Leased Premises. Should Lessee be in default of any monies owed to Lessor, Lessor may take possession of any personal property owned by Lessee upon the Leased Premises and hold such until the monetary default is settled. In such case, if Lessee cannot or will not settle any claims against him owed to Lessor, Lessor may, upon thirty (30) days written notice to Lessee, liquidate any personal property seized. Lessee shall be liable for any and all expenses incurred by Lessor in such action.

SECTION 11. CONDEMNATION:

1. If during the term hereof, any part of the Leased Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, or are sold to a condemning authority under threat of condemnation, and after such taking by or sale to said condemning authority the remainder of the Leased Premises is not susceptible to efficient and economic occupation and operation by Lessee, this Lease shall automatically terminate as of the date that said condemning authority takes possession of the Leased Premises, and Lessor shall refund to Lessee any prepaid but un-accrued rental less any sum then owing by Lessee to Lessor.

2. If after such taking by or sale to said condemning authority the remainder of the Leased Premises is

susceptible to efficient and economic occupation and operation by Lessee, this Lease shall not terminate but the rental due hereunder shall be adjusted so that Lessee shall be required to pay for the remainder of the term hereof the sum obtained by multiplying each monthly rental installment due hereunder, as adjusted from time to time pursuant to Section 3, (2), by a fraction, the numerator of which shall be the number of square feet remaining in the Leased Premises after the taking by or sale to said condemning authority and denominator of which shall be the square footage originally contained in the Leased Premises. The rental adjustment called for herein shall not commence until said condemning authority actually takes possession of the condemned portion of the Leased Premises.

3. If this Lease is not terminated pursuant to Paragraph 1, Lessee shall promptly restore the

improvements on the Leased Premises, and the condemnation proceeds to which Lessor and Lessee are entitled shall be awarded and paid first to cover the costs and expenses for restoring the remaining portion of the Leased Premises to a condition susceptible to efficient and economic occupation and operation by Lessee, and any remaining proceeds to which Lessor and Lessee are entitled shall be awarded and paid to Lessor and Lessee, as their interest may appear. If this Lease is



terminated pursuant to Paragraph 1, condemnation proceeds to which Lessor and Lessee are entitled shall be awarded and paid to Lessor and Lessee as their interests may appear.

SECTION 12. INSURANCE: Lessee shall during the term hereof maintain at Lessee's sole cost and expense insurance relating to the Leased Premises as follows:

1. Insurance against loss or damage to improvements by fire, lightning, and other risks from time to time included under standard extended coverage policies, and sprinkler, vandalism and malicious mischief, all in amounts sufficient to prevent Lessor or Lessee from becoming co-insurers of any loss under the applicable policies but in any event in amounts not less than eighty percent (80%) of the full insurable value of the Leased Premises. The term "full insurable value" as used herein means actual replacement value at the time of such loss. Upon request, such replacement value shall be determined by a qualified appraiser, a copy of whose findings shall be submitted to Lessor, and, therefore, proper adjustment in the limits of insurance coverage shall be effected.

2. General public liability insurance against claims for bodily injury, death or property damage

occurring on, in or about the Leased Premises, such insurance to afford protection to Lessor of not less than $500,000.00 with respect to any one person, $1,000,000.00 with respect to any one accident and not less than $200,000.00 with respect to property damage.

3. Worker's compensation insurance covering all persons employed by Lessee in connection with any

work done on or about the Leased Premises with respect to which claims for death or bodily injury could be asserted against Lessor or the Leased Premises, or in lieu of such workmen's compensation insurance, a program of self-insurance complying with the rules, regulations and requirements of the appropriate state agency of the State of Texas.

4. If applicable, boiler and pressure vessel insurance on all steam boilers, parts thereof and

appurtenances attached or connected thereto which by reason of their use or existence are capable of bursting, erupting, collapsing, imploding or exploding, in the minimum amount of $100,000.00 for damage to property resulting from such perils.

5. Such other insurance on improvements in such amounts and against such other insurable hazard, which at the time are commonly obtained in the case of property similar to such improvements.

6. Hangar keeper's liability insurance providing for coverage in the following limits: $200,000.00 per aircraft and $400,000.00 per occurrence on property damage to aircraft in the care, custody or control of Lessee if the Lessee does not own all the aircraft stored in his hangar.

7. All such policies of insurance (A) shall be issued by insurance companies acceptable to Lessor, (B) shall name Lessor as an additional insured or loss payee, as the case may be, and (C) shall provide for at least ten (10) days written notice to Lessor prior to cancellation or modification. Lessee shall provide Lessor with duplicate originals of all insurance policies required by this paragraph.

SECTION 13. HOLD HARMLESS:

1. Lessor shall not be liable to Lessee or Lessee's employees, agents, servants, customers, invitees, or to any other person whomsoever, for any injury to persons or damages to property on or about the Leased Premises or any adjacent area owned by Lessor caused by Lessee, Lessee's employees, servants, customers, invitees, licensees or any other person entering the Leased Premises and the conduct of Lessee's business thereon, or arising out of any breach or default by Lessee in the performance of the Lessee's obligations hereunder; and Lessee hereby agrees to indemnify Lessor and hold Lessor harmless from any loss, expense or claim arising out of such damage or injury.



2. Lessee agrees to save and hold harmless Lessor and its agents, servants, and employees of and from any and all liabilities, expenses, causes of action, damages, and/or Attorney's fees resulting from or as a result of any of Lessee's businesses, operation, occupancy, or use of the Airport or from any act or omission of Lessee's agents, servants, or employees.

SECTION 14. MAINTENANCE OF LANDING AREA:

Lessee understands and agrees that Lessor will maintain the Airport to at least the minimum standards as recommended by the FAA and/or the Texas Department of Transportation Aviation Division. Such right includes the right to maintain and keep in repair all public use areas at the Airport and the right to direct and control all activities as necessary at the Airport. Lessee also understands that Lessor is obligated to continue operate the Airport as an airport and may not close the Airport at any time and at its own discretion

SECTION 15. ENVIRONMENTAL COMPLIANCE

1. No Storage or Disposal. Lessee shall not install, store, use, treat, transport or dispose (or permit or acquiesce in the installation, storage, use, treatment, transportation, discharge or disposal by Lessee, its agents, employees, independent contractors, or sub-lessees) on the Leased Premises, any: (a) asbestos in any form; (b) urea formaldehyde foam insulation; (c) transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls in excess of 50 parts per MILLION; or (d) any other chemical, material, air pollutant, toxic pollutant, waste, or substance which is regulated as toxic or hazardous or exposure to which is prohibited, limited or regulated by the Resource Conservation Recovery Act, the Comprehensive and Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Clean Air Act, and/or the Clean Water Act or any other federal, state, county, regional, local or other governmental authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Leased Premises, and which is either: (i) in amounts in excess of that permitted or deemed safe under applicable law; or (ii) in any manner which is prohibited or deemed unsafe under applicable law. (The substances referred to in (a), (b), (c) or (d) are collectively referred to hereinafter as "Hazardous Materials).

2. Cleanup Laws. Lessee shall, at Lessee's own expense, comply with any presently existing or

hereafter enacted laws relating to Hazardous Materials (collectively, "Cleanup Laws"); provided, however that Lessee shall not be responsible for correcting any violation of the Cleanup Laws under this Section that existed prior to the Commencement Date. In furtherance and not in limitation of the foregoing, Lessee shall, at Lessee's own expense, make all submissions to, provide all information to, and comply with all requirements of the appropriate governmental authority (the "Authority") under the Cleanup Laws. Should any Authority require that a cleanup plan be prepared and that a cleanup be undertaken because of the existence of Hazardous Materials which were installed, stored, used, treated, transported, disposed of or discharged on the Leased Premises, by Lessee, its agents, employees, independent contractors or subLessees during the Term of this Lease , Lessee shall, at Lessee's own expense, prepare and submit the required plans and financial assurances and carry out the apporved plans in accordance with such Cleanup Laws and to Lessor's satisfaction. At no expense to Lessor, Lessee shall promptly provide all information requested by Lessor for preparation of affidavits or other documents required by Lessor to determine the applicability of the Cleanup Laws to the Leased Premises, as the case may be, and shall sign the affidavits promptly when requested to do so by Lessor. Lessee shall indemnify, defend, save and hold Lessor harmless from and against, and reimburse Lessor for, any and all obligations, damages, injunctions, fines, penalities, demands, claims, costs, expenses, actions, liabilities, suits, proceedings and losses of whatever nature (including, without limitation, Attorneys' Fees and court costs), and all cleanup or removal costs and all actions of any kind arising out of or in any way connected with the installation, storage, use, treatment, transporting, disposal or discharge of Hazardous Materials in or on the Leased Premises by Lessee, its agents, employees, independent contractors or sub-Lessees during the Lease Term; and from all fines, suits, procedures, claims and actions of any kind arising out of Lessee's failure to provide all information, make all submissions and take all steps required by the



Authority under the Cleanup Laws or any other environmental law. Lessee's obligations and liabilities under this Section shall continue so long as Lessor and any of Lessor's Affiliates remain responsible for Hazardous Materials at the Leased Premises, that were installed, stored, used, treated, transported, disposed of or discharged during the Lease Term by Lessee, its agents, employees, independent contractors or sub-Lessees. In addition to and not in limitation of Lessor's other rights and remedies, Lessee's failure to abide by the terms of this Section shall be restrainable by injunction.

3. Environmental Notices. Lessee shall promptly supply Lessor with copies of any notices,

correspondence and submissions made by Lessee to or received by Lessee from any governmental authorities of the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, or any other local, state or federal authority that requires submission of any information concerning environmental matters or Hazardous Materials.

4. Survival. Lessee's liability pursuant to the terms of this Article shall survive the expiration or earlier termination of this Ground Lease.

SECTION 16. DEFAULT BY LESSEE:

The following events shall be deemed to be events of default by Lessee under this Lease:

1. Failure of Lessee to pay any Lease Payment or any other sum payable to Lessor hereunder on the date that same is due and such failure shall continue for a period of thirty (30) days.

2. Failure of Lessee to comply with any term, condition or covenant of this Lease other than the Lease

Payment or other sum of money, and such failure shall not be cured within thirty (30) days after written notice thereof to Lessee.

3. Insolvency, the making of a transfer in fraud of creditors, or the making of an assignment for the

benefit of creditors by Lessee or any guarantor of Lessee's obligations.

4. Filing of a petition under any section or chapter of the National Bankruptcy Act, as amended or under any similar law or statute of the United States or any State thereof by Lessee or any guarantor of Lessee's obligations, or adjudication as a bankrupt or insolvent in proceedings filed against Lessee or such guarantor.

5. Appointment of a receiver or trustee for all or substantially all of the assets of Lessee or any guarantor of Lessee's obligations.

6. Abandonment by Lessee of any substantial portion of the Leased Premises or cessation of use of the Leased premises for the purposes leased.

SECTION 17. GENERAL PROVISIONS:

1. Force Majeure - In the event performance by Lessor of any term, condition or covenant in this Lease is delayed or prevented by any Act of God, strike, lockout, shortage of material or labor, restriction by any governmental authority, civil riot, flood, or any other cause not within the control of Lessor, the period for performance of such term, condition or covenant shall be extended for a period equal to the period Lessor is so delayed or hindered.

2. Entire Agreement - This Lease Agreement embraces the entire agreement of the parties mentioned

herein pertaining to the Leased Premises and no statement, remark, agreement, or understanding, either oral or written, not contained herein shall be recognized or enforced as it pertains to the Lease of the Leased Premises, except that this Lease Agreement may be modified by written addendum agreed to and signed by all pertinent parties and attached hereto.



3. Use of Terms - For the purpose of this Lease Agreement, the singular number shall include the plural

and the masculine shall include the feminine and visa-versa, whenever this Lease so admits or requires.

4. Headings and Captions - The "Section" captions and headings are inserted solely for the convenience

of reference and are not part of nor intended to govern, limit, or aid in the construction of any provision hereof.

5. Authority - The parties to this Lease Agreement hereby acknowledge and agree that they are the

principals to this Lease and have the power, right, and authority to enter into this Lease and are not acting as an agent for the benefit of any third party; except that Lessor is acting on behalf of the County of Grayson.

6. Governing Law - This Lease Agreement shall be governed by the laws of the State of Texas and construed there under and venue of any action brought under this Lease Agreement shall be in Hidalgo County, Texas.

7. Severability - If any section, paragraph, sentence or phrase entered in this Lease is held to be illegal

or unenforceable by a court of competent jurisdiction, such illegality or unenforceability shall not affect the remainder of this Lease and, to this end, the provisions of this Lease are declared to be severable.

IN WITNESS WHEREOF the said Lessor and Lessee have executed this instrument this ________ day of ____________________, 2012.

CITY OF WESLACO

_____________________________________ Miguel D. Wise, MAYOR

ATTEST: ___________________________________ Elizabeth Walker, CITY SECRETARY APPROVED AS TO FORM: ________________________________ Ramon Vela, CITY ATTORNEY

Economic Development Corporation of Weslaco

By____________________________ Hernan Gonzalez Executive Director LESSEE ADDRESS: 275 S. Kansas Avenue Suite A Weslaco, Texas 78596



EXHIBIT "A"

A 150’ X 65’ tract of land situated in the County of Hidalgo, State of Texas, being part of the Northeast Quarter and part of the Southeast Quarter of Section Twelve of Subdivision of University Leagues 1, 11, 15 and 16, said Quarter Sections Patented in the names of J. S. Teague Abstract No. 1270 and Y.S. Hughes Abstract No. 577, respectively and further being part of that land described on Attachment “B” of Indenture, dated October 6, 1972 between The United States of America and The County of Hidalgo, Texas, recorded in Volume 1231, Page 569, Deed Records, Hidalgo County, Texas



Date of Meeting November 27, 2012

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

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director, Public Facilities Department Subject: Street needing overlay repairs: Paisano Lane Discussion: Discussion in consideration to approve the overlay of street and to authorize the budget amendment for the amount not to exceed $16,000.00. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [X] 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”): Hot Mix quotes (3) Responsibilities upon Approval: Upon approval, city secretary’s office will convey executed budget amendment to finance dept. and forward a copy to the Public Facilities department.




Date of Meeting November 27, 2012

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

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director, Public Facilities Department Subject: Street needing overlay repairs: Largo Street Discussion: Discussion in consideration to approve the overlay of street and to authorize the budget amendment for the amount not to exceed $19,200.00. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [X] 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”): Hot Mix Quotes (3) Responsibilities upon Approval: Upon approval, city secretary’s office will convey executed budget amendment to finance dept. and forward a copy to the Public Facilities 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 27 November 2012 Departmental Update • Finance

o The City had requested a reduction in the interest rate for the 380 Agreements from the Board of Directors of the Economic Development Corporation. Since the 380 assignments are pledges to Compass Bank as collateral with the obligation at 7.5 %, the EDC does not believe at it would be in their best interest to change the interest rate. The EDC will reconsider lowering the interest rate when the obligation to Compass Bank runs through in May 2016.

• Public Facilities

o The Transportation Planning Partners, which include the MPOs, RMAs, Starr County EDC, LRGVDC, TxDOT and the Rio Grande Valley Partnership, have begun to work on the new Regional Mobility Plan for the upcoming legislative session. The primary objective of this plan is to identify transportation and infrastructure needs throughout the Valley and developing a plan of action. The Partnership would like the city to budget $5,000.00 for the Regional Study.

• Planning & Code Enforcement

o The Weslaco Animal Shelter has admitted a total of 684 animals in the past six months, 43 of which have been reclaimed, 490 were humanely euthanized and 12 dogs were placed in quarantine. The shelter has received a total of $1, 635.00 in revenues; if the animals had been transported to Palm Valley Animal Shelter the City would have incurred the cost of $46,512.00 over the last six months.

• Upcoming Meetings & Events

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

• Media/Public Feedback

o The City received a letter of appreciation from Weslaco Elks Lodge No. 2057 for the completion of the exit drive through Gibson Park. The Weslaco Elks are very active within our community having logged 12,297 volunteer hours and raised funds for handicapped children, scholarships, school uniforms, shoes and are proud supporters of the Aurora House Hospice Funds.



o H-E-B to feed 12,000 during annual Feast of Sharing dinner (Mid Valley Town Crier, November 7)

o Restaurant company’s appetite whet in Weslaco; steakhouse to follow Olive Garden to retail strip (The Monitor, November 8)

o Weslaco ISD Threatens ‘Monitor’ over story on district mismanagement (The Monitor, November 8)

o After 23 years, arrest in Winter Texans’ slaying in Weslaco (The Monitor, November 9) o For Weslaco police, DNA evidence key to solving cold case (The Monitor, November 11) o Workers Uncover New Mystery at Weslaco Cemetery (KRGV Channel 5, November 13) o Weslaco Hospital Authority considers disbanding (The Monitor, November 14)

• Attachments

o Knapp Medical Center Letter- Payment Program Funding (October 23) o LRGVDC October Newsletter o Elvia C. Lopez Memo- 83rd Legislative Session (November 3)



http://www.themonitor.com/life/valley_life/article_b4160132-28fa-11e2-a6f5-0019bb30f31a.html

http://www.themonitor.com/life/valley_life/article_b4160132-28fa-11e2-a6f5-0019bb30f31a.html

http://www.themonitor.com/news/local/article_c167dbf6-2965-11e2-84e2-001a4bcf6878.html

http://www.themonitor.com/news/local/article_c167dbf6-2965-11e2-84e2-001a4bcf6878.html

http://www.themonitor.com/news/local/article_bf29c952-2a10-11e2-945c-001a4bcf6878.html

http://www.themonitor.com/news/local/article_bf29c952-2a10-11e2-945c-001a4bcf6878.html

http://www.themonitor.com/news/local/article_81ccea04-2ac3-11e2-bd4a-001a4bcf6878.html

http://www.themonitor.com/news/local/article_46904cdc-2b78-11e2-9c22-001a4bcf6878.html

http://www.krgv.com/news/workers-uncover-new-mystery-at-weslaco-cemetery

http://www.themonitor.com/news/local/article_081bb3b6-2eb5-11e2-986d-001a4bcf6878.html







Dept. Actual Budget

Airport 1,704.91$ 500.00$ City Secretary 343.84 1,000.00 Municipal Court 51.78 1,000.00 Public Facilities

Building Maintenance 285.41 Drain Ditch Maintenance 90.36 Fleet Maintenance 126.12 Streets & Highways 226.20

728.09 31,540.00 Human Resources 629.22 612.00 Planning 54.28 225.00 Code Enforement 2,098.77 1,400.00 Police 172,860.46 134,000.00 Fire Marshall/Prevention 3,889.68 - Fire Suppression 303,699.74 240,000.00 IT 252.04 500.00 Vital Statistics 193.81 250.00 Parks & Recreation 105.44 - Swimming Pool 1,305.00 - Library 51.17 1,000.00 Public Utilities

Water Distribution 24,140.76 Utility Billing 1,771.76 Water Meter Division 4,502.26 Sewage Collection 11,727.37

42,142.15 28,740.00 530,110.38$ 440,767.00$

FIRE DEPT FY 2012 Comp Time

2,202 Hours

Overtime Report and Fire Dept. Comp Time10/01/2011 thru 09/11/2012



MEMORANDUM TO: Leo Olivarez, City of Weslaco FROM: Elvia C. Lopez RE: 83RD Legislative Session DATE: November 13, 2012 83rd Preview The 83rd session of the Texas Legislature convenes on January 8, 2013 and Texas voters voted for more of the same for the state Legislature next year. The makeup of both houses continues the partisan tradition. The Senate make-up continues to be 19 Republicans and 12 Democrats, 5 are Freshman and in the House, Republicans number 95 to 55 Democrats, That places Democratic Senators in a position to demand compromises on key legislation or slow down legislation they oppose. The 83rd session will begin with 43 new house members and 24 sophomores. When lawmakers meet in January, one of their first problems will be a $4.3 billion budget deficit for Medicaid costs that is due in the 2014-2015 biennium and a pending lawsuit to restore funding to public schools. In the most recent state financial outlook, the State Comptroller recently announced an improvement in the Texas economy with sales tax receipts and the Rainy Day fund surpassing expectations. Despite these new projections of “better than last session budget”, the state budget will remain as is, as the Governor has restated his support to shrink Government and a pledge to oppose use of the Rainy Day fund. Accordingly, all state agencies have submitted their Legislative Appropriations Requests detailing a 10-15% reduction in spending. Also likely to show up on the agenda will be groundwater, and more eminent domain. Of crucial concern will be discussions to determine how the state will finance the State Water Plan, which will require $53 billion in infrastructure by the year 2030. Governor’s 5 Point Texas Budget Compact: No New Taxes Limit on Spending, tied to growth Limit use of rainy day fund Cutting in duplicative services in state agencies Truth in budget



mailto:[email protected]

Legislative agenda

More than 7,000 bills, resolutions and proposed constitutional amendments are filed in each session, but fewer than 15 percent pass. The only bill lawmakers must file in each session is the state budget. Here are some of the most likely measures to be filed.

BILL STATUS IN LAST SESSION

Texting while driving ban Passed (Perry vetoed)

Concealed carry Died in Senate

Sanctuary cities Died in House committee

Airport anti-groping Died in Senate

Smoking ban in public places Died in conference committee

Statewide property tax Died in Senate committee

Freezing college tuition increases Died in House committee

$10,000 four-year college degree No bill filed

Repeal in-state tuition for illegal immigrants Died in Senate committee

Statewide ban of red light cameras Died in Senate committee

Lawmakers started Pre-filing legislation yesterday, Monday, November 12th, I will continue to monitor legislation that may have a negative impact on the City and will be keeping you abreast to discuss a definite course of action. Please review the following issues and advise if the City wishes to add additional pro—active items to this list.

FOR CONSIDERATION:

General Government: Objective: Strongly oppose any legislation that would preempt the City’s authority and Support legislation that would lift preemptions, thus granting greater authority to Cities. Public Safety Proactive: The City will engage in the development and support legislation, policies and Budget proposals that decrease the number of individuals with mental illness who are involved with the police and criminal justice system and mitigate the potentially adverse outcomes of an encounter between an individual with mental illness and the police. Taxation and Finance Statewide Tax Reform– Support changes to the state and local tax system that will provide stability for state and local government and avoid regressive results Telecommunications




Right Of Way Management – Oppose legislation that would limit the City’s ability to manage and maintain the public right-of-way. Transportation Transportation Funding For All Modes-Support efforts to maintain and expand funding for all transportation modes including automobile, transit, pedestrian and bicycles. Economic Development and Infrastructure Funding The City of Weslaco supports policies that help retain and create jobs and increase economic opportunity. Investing in infrastructure that addresses core community needs, and lays the groundwork for economic development continues to be a high priority for the City. The City opposes any attempt to limit local control, or its ability to execute economic development projects. OTHER ISSUES: Grants: Texas Parks and Wildlife is accepting grant applications under the Recreational Grant Program, this programs provides up to 80% mating grants with a $200,00 limit to local governments. Deadline for application is February 1, 2013. Texas Water Development Board-The Board has recommended to the Legislature that “public water suppliers that serve 3,300 or more connections should be required to submit an annual water loss audits to the State”.




EXECUTIVE DIRECTOR’S REPORT TO WESLACO CITY COMMISSION

November 2012

1. LongHorn Steakhouse All parties have approved the Development Agreement for a LongHorn Steakhouse. It is anticipated that the opening date will be June 2013.

2. Blue Wave / Chick-Fil-A The southeast corner of Expressway 83 and Westgate has been subdivided into four commercial lots. One lot is for Blue Wave Express Car Wash; the second is for a popular chicken restaurant that is not open on Sundays.

3. Payne Auto Group Site work for the new Chevrolet and GMC dealership is underway. The master plan calls for a new Ford dealership and an expanded pre-owned auto facility. When complete, this will be the largest autoplex in the Rio Grande Valley.

4. Franchise Lunch and Learn On November 29 individuals are invited to learn all the facts about having their own business through a franchise. Frannet will do the program. Frannet is a company that specializes in helping individuals determine if franchising is for them.

5. Bridgestone Tire Distribution Center A new business expansion and relocation is coming to the Mid-Valley Industrial Park. A 16,000 square foot facility will be constructed. Construction should begin by January.

6. BVEC Lobby Nature Murals Four nature photo murals were installed in the Business-Visitor & Event Center on Monday, November 12. They provide a spectacular view of nature in South Texas. This will be a must-see for Valley residents and visitors.

7. Hurricane Dolly Project: Horne, LLC and URS Corporation The Lower Rio Grande Valley Development Council has been awarded a 120 Million Dollar grant for housing for Hurricane Dolly victims. This project has brought two companies to Weslaco to spearhead the effort. Horne, LLC will be responsible for the outreach and qualification of individuals for the program and URS Corporation will provide engineering and technical support for the construction.

8. Farmers’ Market The Farmers’ Market has moved to the BVEC. The products are fresh, mostly organic, all locally grown, the grass fed beef is excellent, and people enjoy the market. We need more of this quality offering in Weslaco.

9. Christmas Parade / Alfresco The Christmas Parade will be held December 20 in conjunction with Alfresco Weslaco. Alfresco will move to the City Hall Complex parking lot.

10. Sales Tax The sales tax continues a positive trend and modest growth of 2.21%. The calendar year is still 7.17% ahead of last year.

HG:mg / 11/16/12



Documents

12-11-27 Agenda Supplements