13-05-07 agenda supplements

Date of Meeting: May 7, 2013

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

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

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

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Reverend Richard Speers, Grace Episcopal Church will lead the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

Fiscal Note: Amount: $ N/A Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: 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 May 7, 2013

City of Weslaco “The City on the Grow”

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

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

David R. Fox, Commissioner, District 1 Olga M. 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

The Pledge of Allegiance to the Flag

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

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

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

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH

Friendly people with vision, courage and integrity

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE

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


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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official for City of Weslaco, on behalf of Sylvia Mendoza, owner, Arturo Robles. Subject: Discussion and consideration to approve a Conditional Use Permit to operate a dance hall with live music at 2901 W. Business Hwy. 83, also being 1.7295 acres of land out of Farm Tract 626, West Tract Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit operate a dance hall with live music. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on April 1, 2013. Ten (10) property owners within 200 ft. of the applicant’s property were notified by letter on April 5, 2013. This business will allow patrons to bring their own alcoholic beverages to the location. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/17/2013, recommends approval with the conditions that (1) a minimum of two security officers on duty during business hours (2) hours of operation will be from 6 pm to 2 am from Wednesday through Saturday only. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit request with the conditions set by Planning and Zoning Commission 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.



Page 3 May 7, 2013

Minutes of the Regular Meeting of the Weslaco City Commission on April 16, 2013 Page 1 of 6

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, APRIL 16, 2013

On this 16th day of April 2013 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 David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe V. Rivera

Commissioner Joe A. Martinez City Manager Leonardo Olivares City Secretary Elizabeth M. Walker City Attorney Ramon Vela

Also present: Rey Garcia, IT Director; Bret Mann, Finance Director; Erasmo Lozano, Public Facilities Director; Police Chief Michael Kelly; Fire Chief Santiago Cuellar; David Arce, Parks & Recreation Director; George Garrett, Airport Director; and several other staff members and citizens

. I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Wise called the meeting to order and certified the public notice of the meeting as properly posted Friday, April 12, 2013.

B. Invocation. Pastor Raja Masilamony from Seventh Day Adventist Church delivered the invocation.

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

D. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting perfect attendance.

II.

CONSENT AGENDA

A. Approval of the Minutes of the Regular Meeting of April 2, 2013. (Requested by City Secretary’s Office.) Attachment.

B. Authorization of the use of Federal forfeiture funds for payment of overtime for Drug Enforcement Agency (DEA) Task Force Officer not to exceed $10,000.00 from the Forfeiture Account for investigations and operations that may result in furthering the law enforcement goals and mission and authorize a budget amendment as appropriate.


Page 4 May 7, 2013


(Requested by Police Department.) Attachment.

C. Authorization of the change of paying agent for the City of Weslaco, Texas General Obligation Refunding Bonds, Series 2002 from BBVA Compass to U.S. Bank and authorize the Mayor to execute any related documents. (Requested by Finance Department.) Attachment.

D. Approval of Resolution 2013-48 related to the completion of file compliance work on Texas General Land Office Contract DRS010201 Generator Projects, including to appoint the Grants Compliance Coordinator as Labor Standards Officer; Section 504 Officer, Section 3 Coordinator, Equal Opportunity/Fair Housing Officer; and authorize the Mayor to execute any related documents. (Requested by Finance Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve all items of the consent agenda as presented. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, Resolution 2013-48 reads as follows:

RESOLUTION NO. 2013-48 A RESOLUTION APPPOINTING A LABOR STANDARDS OFFICER AND A SECTION 504 OFFICER/EQUAL OPPORTUNITY/FAIR HOUSING OFFICER FOR COMPLETION OF FILE COMPLIANCE WORK REQUIREMENTS OF TEXAS GENERAL LAND OFFICE CONTRACT DRS010201 GENERATOR PROJECTS DIRECTED BY MR. DAVID SALINAS, DIRECTOR OF PUBLIC UTILITIES FOR THE CITY OF WESLACO. WHEREAS, the City of Weslaco is contractually-obligated to comply with all federal regulations regarding The Texas General Land Office Contract DRS010201 Generator Projects directed by Mr. David Salinas, Director of Public Utilities for the City of Weslaco. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO THAT: The Mayor shall execute the following documents: Appoint the individual that is performing the duties of the Grants Compliance as (1) Labor Standards Officer; and (2) Section 504 Officer/Equal Opportunity/Fair Housing Officer and Section 3 Coordinator. PASSED AND APPROVED on this 16th day of April, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

III. APPOINTMENTS

A. Discussion and consideration to approve Resolutions 2013-36 and 2013-43 to fill the terms of two members to the Weslaco Health Facilities Development Corporation. Possible action. (There was no action on these Resolutions April 2, 2013; Requested by Finance Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve


Page 5 May 7, 2013


Resolution 2013-36 appointing Mr. Moses Castillo to the Weslaco Health Facilities Development Corporation. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, Resolution 2013-36, reads as follows:

RESOLUTION NO. 2013-36

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE WESLACO HEALTH FACILITIES DEVELOPMENT CORPORATION.

WHEREAS, in accordance with the Health Facilities Development Act, Article 1528j, Vernon’s Texas Civil Statues (the “Act”) the City Commission (The Governing Body) herby finds and determines that a health facilities development corporation be authorized and created, with such health facilities development corporation to be known as the “Weslaco Health Facilities Development Corporation”; and WHEREAS, the purpose of this board is to promote new, expanded or improved health facilities in order to assist the maintenance of the public health and the public welfare. WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this board will hold office for a term of no more than six years; and WHEREAS, the Weslaco Health Facilities Development Corporation members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT __Moses Castillo_ is appointed to serve an unexpired term on the Weslaco Health Facilities Development Corporation with a term to be assigned. PASSED AND APPROVED on this 16th day of April, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

B. Discussion and consideration to approve Resolution 2013-45 to fill the expired term of one member to the Ambulance Advisory Board. Possible action. (There was no action on this Resolution April 2, 2013; Requested by Fire Department.) Attachment. Commissioner Noriega moved to appoint Ms. Leticia Lopez to the Ambulance Advisory Board. Motion failed due to lack of a second.

IV. NEW BUSINESS

A. Discussion and consideration to adjust the City of Weslaco’s 2013 Consumer Price Index (CPI) to Municipal Telecommunications Right-of-Way Access Line Rates by 1.06% due to inflation. Possible action. (Requested by Legal Department.) Attachment. The City Manager stated this item may impose a tax increase on telephone bills with a $0.05 increase for residents, $0.11 increase for non-residents and $0.16 for point-of-service. The rate did not increase last year; if no action is taken the rates will remain


Page 6 May 7, 2013


the same. The City Manager recommends approval. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Noriega believes the City should not add any additional hardship to the residents after increasing the water rates so much. Mayor Pro-Tem Cuellar stated that a comparison should be done on the benefits from living in City such as access to City Parks, Police and Fire Protection and asked the City Manager to create a list of benefits and post it to the City website. He added perhaps it would be better to raise property taxes than creep all other utilities. In response to a question from Commissioner Fox, Mr. Bret Mann stated that if deferred until next year the increase would depend on the amount of inflation which averages 3% a year. He added that without these annual increases then there are big jumps from 3% to 9%. The City Manager stated that the City is being fiscally conservative as evident by the improved bond rating. He stated that water rates were uncomfortable because the increase had been deferred for so long and the property tax rate has not been increased in five years. Commissioner Noriega opposed. The motion carried (5-1); Mayor Wise was present, but not voting.

B. Discussion and consideration to approve the Interlocal Cooperation Agreement with the Lower Rio Grande Valley Development Council (LRGVDC) for use of the City Public Works Facility and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Facilities Department.) Attachment. The City Manager requested more time to determine the minimum space requirements. There was no action on this item. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to take item VI. from its posted sequence for immediate consideration. The motion carried unanimously; Mayor Wise was present, but not voting.

VI. PUBLIC COMMENTS Mr. Samuel Cavazos stated that taxes and utilities are too high. Also, there are no policies or protocols for handling citizen complaints. However, after a meeting he had with City Manager those complaints may be handled in the same manner as employee complaints.

V. REPORTS

A.

Report on Departmental Update, Financial Status, Upcoming Meetings, Appointments, and Feedback. Attachment.


Page 7 May 7, 2013


The City Manager stated the Fire Department received the jaws of life and soon would have training for the department. The Public Library received $7,000.00 from Reading in Fundamental so there will be free books distributed during the Summer Reading Program.

B. Report by the Economic Development Corporation of Weslaco. Attachment. Mr. Hernan Gonzalez stated that at the suggestion of Commissioner Fox, local boxer Omar Figueroa would be wearing the Weslaco Advantage symbol on his shorts at his upcoming match in San Antonio. Commissioner Fox stated that the “Panterita” would be in front of a 20 million person viewing audience this Saturday on Showtime. Mr. Gonzalez stated over 43 companies are located at the industrial park as an ideal central location. Mr. Gonzalez stated that retail sales taxes receipts are at 9.91%. Mayor Pro-Tem inquired about any plan to influence those companies now opening the same box stores as Weslaco in other communities. Mayor Wise stated that the City is still in its infancy when it comes to retail, but feels it’s important to invest in light industry as well as retail. Mayor Pro-Tem stated that perhaps the City should look into developing a second industrial park south of town.

C. Report on Legislative Update. Attachment. The City Manager referenced the report as enclosed.

D. Report on Drought. The City Manager reported Mexico is releasing some additional water owed to the United States. The City is also looking to drill additional water wells.

E. Report on Thoroughfare Plan. Attachment. The City Manager referenced the report as enclosed.

F. Report on Social Media Site Policy. Attachment. The City Manager proposes the enclosed Social Media Site Policy for Commission review.

VII. EXECUTIVE SESSION The City Attorney stated that the law firm appointed by the insurance carrier will not be able to assist so a new attorney to the case, Arnold Aguilar, has been assigned.

VIII. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Pending Litigation – Consult with Special Assigned Counsel Denton, Navarro, Rocha, Bernal regarding Cause No. C-1048-13-D, DKIII Hornback Enterprises, Ltd., Plaintiff,


Page 8 May 7, 2013


v. John Cuellar, Guadalupe Rivera, Jerry Tafolla, Leo Olivarez, and Jose Martinez, Defendants in the 206th Judicial District Court of Hidalgo County, Texas as authorized by §551.071 of the Texas Government Code. The Commission did not convene in Executive Session.

IX. ADJOURNMENT With no other business before the Commission, at 6:28 p.m. Commissioner Rivera, seconded by Commissioner Martinez, moved to adjourn the April 16, 2013 regular meeting. The motion carried unanimously; Mayor Wise was present, but not voting.

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

COMMISSIONER, David R. Fox

COMMISSIONER, Olga M. Noriega

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


Page 9 May 7, 2013

Special Meeting of the Weslaco City Commission on April 23, 2013 Page 1 of 3

A SPECIAL MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, APRIL 23, 2013

On this 23rd day of April 2013 at 6:00 p.m., the City Commission of the City of Weslaco, Texas convened in Special Session at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Miguel D. Wise Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla

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

Also present: Rey Garcia, IT Director; Bret Mann, Finance Director; Erasmo Lozano, Public Facilities Director; Mardoqueo Hinojosa, City Engineer; David Salinas, Public Utilities Director; Gilbert Garcia, Public Facilities Assistant Director; and several other staff members and citizens I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Wise called the meeting to order and certified the public notice of the meeting as properly posted Saturday, April 20, 2013.

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

C. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the absence of Commissioner Rivera.

II. OLD BUSINESS

A.

Discussion and consideration to approve the Interlocal Cooperation Agreement with the Lower Rio Grande Valley Development Council (LRGVDC) for use of the City Public Works Facility and authorize the Mayor to execute any related documents. Possible action. (There was no action on this item April 16, 2013; Requested by Public Facilities Department.) Attachment. The City Manager stated this item proposes to house the 911 addressing division of the LRGVDC, currently located at the old Fire Marshalls Office, to the Public Facilities Building. The proposed lease is for a ten (10) year term, where the LRGVDC agrees to pay the utilities associated with the operations of that building. The City also is considering co-locating the Mid Valley Regional Communications Corporation for


Page 10 May 7, 2013


Donna, Mercedes and Weslaco at the Public Facilities Building. Mr. Ken Jones of the LRGVDC stated they just closed on the sale of the building on Railroad Avenue and requested no action on this item to finalize use of the space.

III. NEW BUSINESS

A. Discussion and consideration to approve the Clause VI Consideration of the Collection of Taxes Contract with the County of Hidalgo Office of Tax Assessor-Collector for taxable year 2013 effective September 1, 2013 in an amount not to exceed $44,060.00 and authorize the Mayor to execute any related documents. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated the County collects ad valorem property taxes for the City and the cost for this contractual service has remained unchanged over the last year. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

IV. PUBLIC COMMENTS Mr. Samuel Cavazos stated that some of his comments about the City have been ignored and that the staff has yet to develop a policy for handling citizens’ grievances. Mayor Wise stated that the Commission welcomes citizens to express their concerns over City policy or if they feel the staff is not doing their job. A citizen can speak about a particular staff member or Commissioner but personal attacks are not allowed.

V. ADJOURNMENT

With no other business before the Commission, at 6:34 p.m. Commissioner Fox, seconded by Commissioner Tafolla, moved to adjourn the April 23, 2013 special meeting. The motion carried unanimously; Mayor Wise was present, but not voting.

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


Page 11 May 7, 2013


COMMISSIONER, David R. Fox

COMMISSIONER, Olga M. Noriega

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


Page 12 May 7, 2013


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Page 14 May 7, 2013

Date of Meeting: May 7, 2013 Agenda Item No. (to be assigned by CSO): From: Arnoldo Becho, Library Director, Mayor Sanchez Public Library Subject: Discussion and consideration to accept and authorize a space rental agreement with Sylvan Learning and the Mayor Joe V. Sanchez Public Library. Discussion: Sylvan Learning is exploring the possibility of expanding into the Weslaco area and would like to use the library’s space as a pilot project to access interest in the region. Sylvan has offered $100 per week to use prearranged areas of the library within the Summer months. Fiscal Note: Sylvan would pay the library $100 each week for use of its space. . Amount: $100 Term of Impact: FY 2012-2013 Identified in Current Budget:

Y/N 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: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Library Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): The agreement and a background of the project are provided. Responsibilities upon Approval: The library will work with Sylvan to find the organization appropriate space to execute their program.



Page 15 May 7, 2013

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Name of Applicant:

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

[ ] Inside City Limits [ ] Outside City Limits

City:

State:

Zip Code:

How many years have you lived at this residence?

Do you own this house? [ ] Yes or [ ] No

Preference for consideration, naming committees on which you desire to serve: 1.) 2.) 3.) List of Civic Involvement and Business Experience: Have you been bonded or eligible to obtain one? [ ] Yes or [ ] No

Are you currently suing or bring sued by the City of Weslaco or any of its entities? [ ] Yes or [ ] No

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Timestamp of Receipt:

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Office of the City Secretary · tel. 956.968.3181 · fax. 956.968.6717

Application for Service

City of Weslaco Boards and Committees


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Page 22 May 7, 2013

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A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE WESLACO HEALTH FACILITIES DEVELOPMENT CORPORATION.

WHEREAS, in accordance with the Health Facilities Development Act, Article 1528j, Vernon’s Texas Civil Statues (the “Act”) the City Commission (The Governing Body) herby finds and determines that a health facilities development corporation be authorized and created, with such health facilities development corporation to be known as the “Weslaco Health Facilities Development Corporation”; and WHEREAS, the purpose of this board is to promote new, expanded or improved health facilities in order to assist the maintenance of the public health and the public welfare. WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this board will hold office for a term of no more than six years; and WHEREAS, the Weslaco Health Facilities Development Corporation members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve an unexpired term on the Weslaco Health Facilities Development Corporation with a term to be assigned. PASSED AND APPROVED on this 7th day of May, 2013.

CITY OF WESLACO ___________________________________

Miguel D. Wise, MAYOR

ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY


Page 23 May 7, 2013

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Page 24 May 7, 2013








A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE AMBULANCE ADVISORY BOARD.

WHEREAS, the City of Weslaco has established the Ambulance Advisory Board pursuant to Section 14-1(A) of Ordinance No. 78-39; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Ambulance Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________________ is appointed to serve a two year term on the Ambulance Advisory Board and the term will begin on_____________, 2013 and expire on _____________, 20___. PASSED AND APPROVED on this 7th day of May, 2013.

CITY OF WESLACO


ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY


Page 25 May 7, 2013

TERM START

TERM EXPIRES FIRST NAME LAST NAME

APPLICATION DATE

12/20/2011 5/6/2013 Juan Hernandez5/6/2011 5/6/2013 Micheal Casteneda2/7/2006 3/5/2015 Christine Warren3/17/2011 3/5/2015 Joel De los Santos 3/1/20133/21/2006 3/5/2015 Idolina Garcia

INTERESTED YES/NO FIRST NAMELAST NAME BUSINESS HOME PHYSICAL ADDRESS

APPLICATION DATE

Alvino Flores Sr. 956-532-9268 1119 Villas del Norte 10/17/2011Barbara Heid 956-464-5355 602 N Victoria Rd M 6/26/2009Cynthia AnnGonzalez 956-570-5164 956-570-5163 1111 W 5th Street 9/3/2009Fabriel Cisneros 956-408-1124 901 W 4th Street 10/13/2011Jose A. Rios 956-376-0892 2200 Largo St 10/20/2010Leticia Lopez 956-565-6334 1315 Clifton 3/1/2013Luciano S "CGarza III 956-756-7303 956-351-9547 3515 Pecan Grove D 1/8/2013Joe Vidales 956-373-1658 309 E. 2nd St. 3/14/2013Juan M. Hernandez 447-3775 ext 1300 956-463-2264 628 E. Loop 19th 3/13/2013Ruth Ann Riggins 956-969-2332 956-463-6374 820 S. Missouri 10/20/2010

updated 5/03/2013 by mv

LIBRARY BOARD APPLICANTS


Page 26 May 7, 2013


A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE LIBRARY BOARD.

WHEREAS, the City of Weslaco has established the Library Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Library Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________ is appointed to serve a two year term on the Library Board and the term will expire on ______________________. PASSED AND APPROVED on this 7th day of May 2013.

CITY OF WESLACO

_____________________________ Miguel D. Wise, MAYOR

ATTEST:

___________________________________ Elizabeth M. Walker, CITY SECRETARY


_________________________________ Ramon Vela, CITY ATTORNEY


Page 27 May 7, 2013


A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE LIBRARY BOARD.

WHEREAS, the City of Weslaco has established the Library Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Library Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________ is appointed to serve a two year term on the Library Board and the term will expire on ______________________. PASSED AND APPROVED on this 7th day of May 2013.

CITY OF WESLACO

_____________________________ Miguel D. Wise, MAYOR

ATTEST:

___________________________________ Elizabeth M. Walker, CITY SECRETARY


_________________________________ Ramon Vela, CITY ATTORNEY


Page 28 May 7, 2013

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Page 29 May 7, 2013










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

WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; however, following the restructuring of this Board to consist of seven members, this term shall be assigned for two years so that terms are staggered such that no quorum of members expires simultaneously; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve an unexpired term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2013 and end on _____________, 20___. PASSED AND APPROVED on this 7th day of May 2013.

CITY OF WESLACO


ATTEST: Elizabeth M. Walker, CITY SECRETARY




Page 30 May 7, 2013


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

WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; however, following the restructuring of this Board to consist of seven members, this term shall be assigned for two years so that terms are staggered such that no quorum of members expires simultaneously; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve an unexpired term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2013 and end on _____________, 20___. PASSED AND APPROVED on this 7th day of May 2013.

CITY OF WESLACO


ATTEST: Elizabeth M. Walker, CITY SECRETARY




Page 31 May 7, 2013

STATE OF TEXAS

COUNTY OF HIDALGO

CITY OF WESLACO

§

§

§

LEASE AGREEMENT BETWEEN THE CITY OF

WESLACO AND THE LOWER RIO GRANDE

VALLEY DEVELOPMENT COUNCIL

This Lease Agreement is made and entered into this ______day of May, 2013 by and between the City of Weslaco, Texas, a home rule municipal, 255 S. Kansas Avenue, Weslaco Hidalgo Count, Texas 78596, herein called “LESSOR”, and the Lower Rio Grande Development Council, a political subdivision of the State of Texas, 301 West Railroad Street, Weslaco Hidalgo County, Texas 78596 acting by and through its board of Directors, hereafter call “LESSEE”.

In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, LESSOR and LESSEE agree as follows:

ARTICLE 1

LEASED PREMISES

1.01 LESSOR does hereby demise and lease to LESSEE, and LESSEE does hereby lease from LESSOR a portion of the City of Weslaco Public Works Facilities Building located at 1912 Joe Stephens Avenue, Weslaco Hidalgo County, Texas 78596. The Leased Premises constitute a portion of the office building, parking spaces in the parking lot, common areas and other improvements as shown in attached Exhibit “A”.

ARTICLE 2

TERM

2.01 The initial term of this Lease Agreement shall be for ten (10) years, unless sooner terminated, commencing _____ day of May 2013 or at which time the space becomes available. This Lease Agreement will be automatically renewed on an annual basis for a full ten (10) year term thereafter, unless the LESSOR or LESSEE gives the other party a one hundred eighty (180) day written notice of non-renewal before the applicable renewal date.

2.02 During any renewal period, either party may terminate this lease for any reason or no reason by giving the other party one hundred eighty (180) days written notice.

ARTICLE 3

RENT

3.01 LESSEE agrees to pay to LESSOR as a fixed rent, the sum of $10.00 dollars yearly on the commencing date of this Lease Agreement and each subsequent annual anniversary throughout the term of this Lease.


Page 32 May 7, 2013

ARTICLE 4

USE OF PREMISES

4.01 LESSEE shall use the Leased Premises for various programs under its authority as

a Political Subdivision of the State of Texas. LESSEE’S use of the premises shall not unreasonably interfere with the other uses of the Leased Premises by LESSOR.

4.02 LESSEE shall have unlimited access to the building twenty-four (24) hours per

day. Security of the individual office spaces will be the responsibility of the LESSEE.

ARTICLE 5

MAINTENANCE AND SURRENDER

5.01 (a) LESSEE shall provide normal maintenance, at LESSEE’S expense, for the Leased Premises as listed in Article I. If the Leased Premises require repairs or replacement that are outside the scope of normal maintenance, as determined by LESSOR, then LESSOR shall be responsible to make such repairs or replacement.

(b) If the Leased Premises require maintenance or repair, which solely in the opinion of the LESSEE, are too costly and render this Lease Agreement uneconomical, then LESSEE may terminate this Lease Agreement upon written notice consistent with Article 2, Section 2.02.

(c) If the Leased Premises require maintenance or repair, which solely in the opinion of the LESSOR, are too costly and render this Lease Agreement uneconomical, the LESSOR may terminate this Lease Agreement upon written notice consistent with Article 2, Section 2.02.

5.02 LESSOR shall maintain the exterior landscape of the building, and maintain the exterior parking spaces.

5.03 LESSEE shall provide or procure custodial services for exterior grounds maintenance, limited to window cleaning of the Leased Premises and litter pickup of grounds and any parking areas used exclusively by LESSEE.

5.04 Upon breach of the terms and agreements in this Lease Agreement by either party hereto, which breach shall not have been cured within thirty (30) days of written notice of same, the non breaching party may terminate this Lease Agreement upon written notice to the breaching party.

ARTICLE 6

OBLIGATIONS OF LESSOR AND LESSEE

6.01 Alterations, Additions and Improvements. All alterations, additions and improvements to the Leased Premises shall be made by the LESSEE, provided prior approval by


Page 33 May 7, 2013

LESSOR has been obtained for such improvements, prior to the installation or construction of same, which approval shall not be unreasonably withheld. Alterations, additions, and improvement expenses shall be the obligation of LESSEE.

On expiration of the term of this Lease, LESSEE shall be allowed to remove any equipment or fixtures which LESSEE has installed or constructed; however, if such removal damages the Leased Premises, LESSEE shall repair or pay for the repair of any such damage.

6.02 Signs. LESSEE shall have the right to erect signs on the Leased Premises. LESSEE shall remove all signs at the termination of this Lease and shall repair any damage and close any holes caused by such removal. 6.03 Utility Charges. LESSEE shall reimburse LESSOR a pro-rata share of all utility charges for the Leased Premises for water, sewer, solid waste removal, gas and electricity and any agreed security service. At the end of each month, LESSOR shall provide LESSEE a bill of LESSEE’S pro-rata share of the utility charges. LESSEE shall pay the bill within twenty (20) days of the date of the bill.

ARTICLE 7

INSURANCE

7.01 Content Insurance. LESSEE may provide and LESSOR is not required to provide a fire and extended coverage insurance policy on all personal property placed by LESSEE on the Leased Premises.

7.02 Fire and Casualty Damages. LESSOR shall provide fire and extended coverage insurance on the Leased Premises. If the building on the Leased Premises should be totally or partially destroyed by fire, tornado or other casualty and, if insurance coverage is not sufficient to rebuild or repair, this Lease shall terminate by LESSOR giving LESSEE written notice thereof; otherwise, LESSOR shall use such insurance proceeds for the repair or rebuilding of the premises. Rent shall be abated or partially abated in such amounts as may be agreed by LESSOR and LESSEE accordingly to useful area during the repair or rebuilding period. In the event all or any part of the Leased Premises shall be damaged by fire, casualty or other causes, or in the event all or any part of the Leased Premises is taken in any condemnation proceedings, LESSEE shall have the right to cancel this Lease, if in the sole judgment of LESSEE such casualty or condemnation proceeding has made the Leased Premises unsatisfactory for use by the LESSEE.

7.03 Liability Insurance. Each party may carry general liability insurance in the amount deemed appropriate by the respective party. To the extent allowed by Law, each party agrees to indemnify and hold the other harmless for any negligent or intentional act performed by such party relating to the use or occupancy of the Leased Premises.


Page 34 May 7, 2013

ARTICLE 8

INSPECTION BY LESSOR

8.01 LESSEE shall permit LESSOR and its agents to enter into and upon the Leased

Premises at mutually agreeable times for the purpose of inspecting the same or for the purpose of maintaining or making repairs to the Leased Premises required hereby.

ARTICLE 9

ASSIGNMENT AND SUBLEASED

9.01 LESSEE shall not assign or sublet any part of the Leased Premises herein without

prior written consent from the LESSOR.

ARTICLE 10

DISCLAIMER

10.01 Disclaimer. LESSEE represents that the Leased Premises will be used for administrative and program functions of LESSEE. LESSEE acknowledges that it has made full and complete inspection of the Leased Premises and has independently satisfied itself that the Leased Premises are suitable for the stated use. LESSOR hereby disclaims that this Lease Agreement carries with it any implied or expressed warranties by LESSOR and that such space is fit or suitable for any intended use or purpose of LESSEE, including but not limited to law or regulations meeting the requirements of the Americans with Disabilities Act.

10.02 Parties Bound. This Lease Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective administrators, legal representatives, successors and assigns where permitted by this Agreement.

10.03 Texas Law to Apply. This Lease Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hidalgo County, Texas.

10.04 Legal Construction. In case any one or more of the provisions contained in this Lease Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Lease Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

10.05 Prior Agreements Superseded. This Agreement constitutes the sole and only Lease Agreement of the parties hereto and supersedes all prior written or oral agreements between the parties respecting the within subject matter.


Page 35 May 7, 2013

10.06 Amendments and Modifications. No amendment, modification or alteration of

the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto.

10.07 Notices. Any and all notices or other communications required or permitted to be given pursuant to this Lease Agreement shall be in writing and shall be considered as properly given if sent by facsimile transmission, electronic mail, hand delivered or mailed by certified mail, return receipt requested, postage prepaid, and addressed as follows: LESSEE: LESSOR: Lower Rio Grande Valley Development Council City of Weslaco Ann: Kenneth N. Jones, Jr., Executive Director Attn: Leonardo Olivares, City Manager 301 W. Railroad St. 255 South Kansas Avenue Weslaco, TX 78596 Weslaco, TX 78596

10.08 Rights and Remedies Cumulative. The rights and remedies provided by this Lease Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise.

10.09 Quiet Enjoyment. LESSOR covenants and agrees that LESSEE on paying the rent and other charges herein provided for and observing and keeping the covenants, conditions, and terms of this Lease Agreement on LESSEE’S part to be kept or performed, shall lawfully and quietly hold, occupy, and enjoy the Leased Premises during the term of this Lease Agreement without hindrance or molestation of LESSOR or any person claiming under LESSOR.

10.10 Environmental Representations by LESSOR. LESSOR represents and warrants to LESSEE, which representations and warranties shall survive termination of this Lease Agreement, that as of the date hereof the Leased Premises are free of compounds defined as hazardous materials, substances, pollutants or contaminants under any federal or Texas statute, regulations, rule or ordinance, or amendments thereto, including without limitation the Comprehensive Environmental Response Compensation and Liability Act, and/or the Resource Conservation and Recovery Act. LESSOR agrees, which agreement shall survive termination of this Lease Agreement, that if any contamination of said Leased Premises is alleged to have occurred before the occupancy of said Leased Premises by LESSEE, then all obligation and liabilities for such contamination by LESSOR in connection therewith are assumed by LESSOR and LESSOR shall indemnify and hold LESSEE harmless from any liability or obligation relating to or associated with such contamination. LESSOR’S obligation to hold LESSEE harmless shall include but not be limited to defending all claims, suites and administrative proceedings (with counsel approved by LESSEE) even if such claims,, suites or proceedings are groundless, false or fraudulent and/or the expense of the same became due, any and all judgments, penalties, or other sums relating directly to or associated with such claims, suites or proceedings.


Page 36 May 7, 2013

10.11 Environmental Representations By LESSEE. LESSEE represents and warrants

to LESSOR, which representations and warranties shall survive termination of this Lease Agreement, and LESSEE agrees, which agreement shall survive termination of this Lease Agreement, and if any contamination of the Leased Premises is caused by LESSEE, then all obligation and liabilities for such contamination by LESSEE in connection therewith are assumed by LESSEE and LESSEE shall indemnify and hold LESSOR harmless from any liability or obligation relating to or associated with such contamination. LESSEE’S obligation to hold LESSOR harmless shall include but not be limited to defending all claims, suits and administrative proceedings (with counsel approved by LESSOR) even if such claims, suites or proceedings are groundless; false or fraudulent and/or the expense of the same became due, any and all judgments, penalties, or other sums relating directly or indirectly to or associated with such claims, suits or proceedings.

10.12 Common Area Restrictions. Common areas are riot to be used other than for the benefit of all tenants unless prior written approval is obtained from all tenants.

10.13 Waiver of Default. No waiver by the parties hereto of any default or breach of any term, condition or covenant of this Lease Agreement shall be deemed to be a waiver of any other breach of the same or any other term, condition or covenant contained herein.

10.14 Attorney’s Fees. In the event LESSOR or LESSEE breaches any of the terms of this Lease Agreement whereby the party not in default employs attorneys to protect or enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorney’s fees so incurred by such other party.

10.15 Force Majeure. Neither LESSOR nor LESSEE shall be required to perform any term, condition or covenant in this Lease Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, materials or labor restrictions by any governmental authority, civil riot, floods and any other cause not reasonably within the control of LESSOR or LESSEE, and which by the exercise of due diligence LESSOR or LESSEE is unable, wholly or in part, to prevent or overcome.


Page 37 May 7, 2013

IN WITNESS WHEREOF, the undersigned LESSOR and LESSEE hereto execute this

Lease Agreement as authorized by the respective governing bodies, as of the day and year first above written.

LESSOR:

CITY OF WESLACO

By: _______________________________ Miguel D. Wise, MAYOR

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

LESSEE: LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL 301 W. Railroad Street Weslaco, Texas, 78596

_______________________________

Kenneth N. Jones, Jr., LRGVDC Executive Director


Page 38 May 7, 2013


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

From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official for City of Weslaco, on behalf of Sylvia Mendoza, owner, Arturo Robles. Subject: Discussion and consideration to approve a Conditional Use Permit to operate a dance hall with live music at 2901 W. Business Hwy. 83, also being 1.7295 acres of land out of Farm Tract 626, West Tract Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit operate a dance hall with live music. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on April 1, 2013. Ten (10) property owners within 200 ft. of the applicant’s property were notified by letter on April 5, 2013. This business will allow patrons to bring their own alcoholic beverages to the location. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/17/2013, recommends approval with the conditions that (1) a minimum of two security officers on duty during business hours (2) hours of operation will be from 6 pm to 2 am from Wednesday through Saturday only. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit request with the conditions set by Planning and Zoning Commission 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.



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RESOLUTION OF THE CITY OF WESLACO, TEXAS AUTHORIZING REVIEW OF TEXAS GAS SERVICE COMPANY’S (“TGS”) COST OF SERVICE ADJUSTMENT (“COSA”) TARIFF; APPROVING OF A JOINT REVIEW OF TGS’ APPLICATION ALONG WITH OTHER CITIES SERVED BY TGS; HIRING LEGAL AND CONSULTING SERVICES TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING TGS TO REIMBURSE ALL REASONABLE COSTS ASSOCIATED WITH CITIES’ EFFORTS IN THIS RATEMAKING EFFORT; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL

WHEREAS, on or about May 1, 2013, Texas Gas Service Company (“TGS” or

“Company”) filed with the City of Weslaco (“City”) a Cost of Service Adjustment (“COSA”) Tariff seeking to increase natural gas rates to all customers residing in the City; and

WHEREAS, it is in the public interest for the City to participate with other Valley Cities Served by TGS in the COSA filing in order to protect the interests of the City as well as the interests of TGS customers residing and conducting business within the City; and

WHEREAS, the Cities Coalition will conduct a review of the Company’s application and will hire and direct legal counsel and consultants to prepare a common response and to negotiate with the Company and direct any necessary litigation; and

WHEREAS, pursuant to a settlement agreement between the City and the Company dated August 14, 2009 provides that costs incurred by cities associated with this proceeding are to be reimbursed by the Company.

THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS:

1. That the City is authorized to participate with other Valley Cities in TGS’ COSA filing to protect the interests of the City and protect the interests of TGS customers residing and conducting business within municipal limits.

2. Subject to the right to terminate employment at any time, the City hereby authorizes the hiring of Geoffrey Gay of the law firm of Lloyd Gosselink Rochelle and Townsend, P.C. and Karl J. Nalepa, of the consulting firm R.J. Covington Consulting, LLC to review the Company’s filing, negotiate with the Company, make recommendations regarding reasonable rates and to direct any necessary administrative proceedings or court litigation associated with an appeal of the COSA filing. 3. That the City’s reasonable legal and consulting expenses shall be reimbursed by TGS.


Page 50 May 7, 2013

4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law; and the public notice of the time, place, and purpose of said meeting was given as required.

5. A copy of this Resolution shall be sent to Geoffrey Gay, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725 and to Dean LaFever, at Texas Gas Service Company, P.O. Box 531827, Harlingen, Texas 78553. PASSED AND APPROVED this ______day of May, 2013.

CITY OF WESLACO _______________________________________

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


Page 51 May 7, 2013

Note to Record: Supplemental documentation pertaining to this item is enclosed separately with this agenda packet.


Page 52 May 7, 2013


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

From (name, title, department and who submitting on behalf of, if any): Erasmo Lozano, Public Facilities Director, Public Facilities Dept. Subject: Contractor approval for Weslaco Boys and Girls Club Recreation Center Project Number 51-000065 Discussion: Discussion and Consideration to approve Tri – Gen Construction LLC as CMAR Contractor for the construction phase of the Weslaco Boys and Girls Club Recreation Center Project Number 51-000065 as shown on architectural drawings design done by Alcocer Garcia Associates Architectural Services. Funded in part by the Texas Parks and Wildlife. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, if any (name of board/committee, date of action, recommendation): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): See attachment Responsibilities upon Approval: City Secretary office will forward all executed documents to the Public Facilities Department.



Page 53 May 7, 2013

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Page 61 May 7, 2013

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Page 62 May 7, 2013

RESOLUTION NO. 2013 - 52

A RESOLUTION OF THE CITY OF WESLACO ESTABLISHING THE WESLACO 100 COMMITTEE TO PREPARE WESLACO’S CENTENNIAL CELEBRATION AND STRATEGIC PLAN

WHEREAS, The City of Weslaco, Texas, founded 1919, will celebrate its centennial in 2019, and anticipates programs and activities befitting the occasion; and WHEREAS, This Commission finds merit in establishing an ad hoc citizen’s committee to solicit suggestions, make recommendations, and encourage participation toward the planning and facilitating of such programs and activities; and WHEREAS, After public meetings, all recommendations are required to be submitted to the Weslaco City Commission for approval; and WHEREAS, The Committee shall concurrently consider issues for the strategic growth of the City over the next 100 years, including planning/sustainable development, governance, health, transportation, education, economic development, public safety, parks, information technology, and housing; and WHEREAS, there shall be fifteen (15) members in the Weslaco 100 Committee who shall be appointed by the Weslaco City Commission and shall be resident citizens of the City of Weslaco. The term for each Committee member shall be for three (3) years and may be eligible for reappointment; and WHEREAS, The Weslaco 100 Committee members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT the Weslaco 100 Committee is hereby created. PASSED AND APPROVED on this 7th day of May, 2013.

CITY OF WESLACO ___________________________________

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


Page 63 May 7, 2013

1

2nd Annual Workshop for Weslaco City Commission

South Padre Island, Texas 18 April 2013

2019 Preparing for the Centennial


Page 64 May 7, 2013

3 City of Weslaco

Agenda 8:00 Working Breakfast: Strategic Planning Basics 8:30 Strategic Planning: Values, Vision & Mission 9:00 Strategic Planning: SWOTT Analysis 10:15 Break 10:30 Strategic Planning: Weslaco’s First 100 years: Craig Wiegand 11:00 Strategic Planning: Weslaco’s Next 100 years Saigiridhar Mullapudi 11:30 Working Lunch 1:00 Comprehensive Plan & Annexation Basics: Jeff Underwood 3:00 Break 3:15 Financing Major Projects: Anne Burger 5:00 Adjourn


Page 65 May 7, 2013

4 City of Weslaco

The Organization: Weslaco’s Issues

Size Mid-sized municipality (approx. 35,000) Trade area of more than 210,000 Approx. $40 million operation More than 360 employees

Complexity Multiple Boards & Commissions Police and Fire Departments

Unions with Collective Bargaining Agreements (CBAs) Civil Service Commission (CSC)

Financial Challenges Personnel Challenges


Page 66 May 7, 2013

5 City of Weslaco

Resources

International City/County Management Association (ICMA) Texas City Management Association (TCMA) Texas Municipal League (TML) City of Weslaco, Texas


Page 67 May 7, 2013

http://icma.org/en/icma/home

http://www.tcma.org/index.html

http://www.tml.org/

http://www.weslacotx.gov/

City of Weslaco “The City on the Grow”

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

David R. Fox, Commissioner, District 1 Olga M. 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 7 May 2013 Departmental Update • Airport/Homeland Security Department

o Will be participating in South Texas Hurricane Conference 2013- Exhibitors Only. May 8-9 in McAllen, TX.

o Will be attending Drought Preparedness Meeting Hosted by: TDEM Planning Section on April 11 at Weslaco City Hall.

• City Secretary’s Office o Helped facilitate three workshops, one special meeting, and two department

directors meetings. • Fire Department

o Conducted rescue training with new rescue tools on April 19, 2013.

• Library Department o This month the library submitted its annual application for accreditation to the

State. Some highlights include an increase of 50,000 visits and 11,000 book checkouts.

o Overall, last year was a very successful year for the library with more than 375,000 visitors, almost 150,000 computer user, and 42,000 in event attendance.

o Preparations and outreaches have begun for this year’s Summer Reading Program. Please contact our Library Director at 973-3144 if you would like to participate.

• Parks/Recreation o Palm trees have been trimmed up to 50% in the parks (still working on completing) o Harlon Block, Isaac Rodriguez, City Park and Gibson had the curbs repainted. o Harlon Block Sports Complex, Field 1 is having a face lift, (work in progress).

Tilled dirt and will add sod on April 29. o The replacement slides that we had on order have been installed as of April 22. o HEB scoreboard for Field 2 at the City Park has an estimated deliver for April 29.

• Planning/Code Enforcement

o Prioritized list of future transportation projects. See attachment.

• Police Department


Page 68 May 7, 2013

“The City on the Grow”

o Hired two officers and one dispatcher. o Commenced Operation Stone Garden (Federally funded program that enables more

officers to patrol) o Mariachi robber was caught.

• Public Facilities Department

o Streets, Ditches, Traffic Control, Building and Park Maintenance Activities for April 15 – 30, 2013. See attachment.

• Upcoming Meetings & Events o 31th Annual Texas Aviation Conference (Austin; May13-15) o TML Region 12 Meeting (South Padre Island; May 17-18) o ICSC Global Retail Estate Convention (Las Vegas; May 19-22)

• Media

o Weslaco to address broken park parts (The Monitor, April 11) o State of the parks: Weslaco board finally gets quorum (The Monitor, April 16) o Weslaco parks draw fire at board meeting (The Monitor, April 17) o City of Weslaco to increase phone rates (Mid-Valley Town Crier, April 19) o Weslaco Residents Upset Over Rundown Parks (KRGV.com, April 25)

• Vocabulary:

o strength (noun) physical or mental power; resistance; defensive ability; degree of intensity; force of feeling; persuasive power; intensity of expression; potency. (http://www.positivevocabulary.com/) "Strength and wisdom are not opposing values." - Bill Clinton "Difficulties strengthen the mind, as labor does the body." – Seneca


Page 69 May 7, 2013

http://www.positivevocabulary.com/

Project

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A / B

/ C

3Sugar C

ane West

Expansion of ro

ad to

alleviate scho

ol traffic East o

f Westgate Dr.

*************

A / C

/ D

434th Street E

xpans io

n (5 M

i)Expand

road

to 4 lane

s from FM 1015 to

Westgate Dr.

15,503,226

$

A / B

/ C

5Mile 10 North Rd Expansion

Expansion will alleviate traffic flow

in city

16,015,178

$

A / B

/ C

6FM

88 South Expansion

Expansion will alleviate traffic flow

in city

9,435,540

$

A / B

718th Street E

xpansio

nExpansion to prov ide

better e

ast‐west traffic flo

w in

south Weslaco

14,368,291

$

A / C

8Westgate Extension 2

Expand

road

to 4 lane

s from M

ile 11 North to

SH 107

28,454,419

$

B / C

9Do

lores H

uerta Extension

Improve conn

ectivity

from

US 83

to Bus 83 for h

ospital access

*************

A / B

10South Westgate Dr. Expansio

nExpansion from

Business 8

3 to 34th Street

12,566,879

$

A / B

11Bo

rder Ave.

Expansion from

18th to 34th Street with

inclusion of m

edian

*************

A12

Paseo de

l Norte North Ext.

Extension from

US 83

to Sugarcane

Dr.

*************

A13

Dolores H

uerta Expansion

Expand

road

to 4 lane

s*************

A / B

14Airport D

rive North Ext.

Extension from

US 83

to Sugarcane

Dr.

*************

A15

Nolana Extension

Will accom

mod

ate for fu ture Nolana Av

e grow

th in

city

limits

18,415,059

$

A / B

/ C

166th Street Expansio

nRe

strip

ing of street to

provide

better a

ccess

*************

A17

FM 1015 Highw

ater Brid

geBridge to

avoid traffic diversio

n du

ring flo

od events

33,822,803

$

A / B

/ C

AvaA

vailable Fund

ing Sources:

Total

158,637,978

$

ACity of W

eslaco

BTxDO

T************* Estim

ated

cost o

f project is und

er re

view

CHidalgo

Cou

nty

DWeslaco ISD

EWeslaco EDC

4/26/2013

City of W

eslaco

Planning

Cost E

stim

ates

Transportatio

n Priorities


Page 70 May 7, 2013

Elvia Caballero Lopez P. O. Box 2670 Austin, Texas 78767-2670 [email protected]

Tel: 512.731.5388 fax: 512.280.7207

MEMORANDUM TO: Leo Olivarez, City of Weslaco FROM: Elvia C. Lopez RE: 83RD Legislative Session Update DATE: April 15,2013 Leo: The list includes bills that have a direct impact on the City and are advancing in the process, deadlines are approaching and if a bill is still pending in committee by next week, the week of the April 22nd its chance diminish to get on the calendar. SENATE –The Senate passed SB 611 by Senator Eddie Lucio, Jr. (D-Brownsville) which would modernize the manner in which all water districts, including water improvement districts, water control and improvement districts, and irrigation districts, determine the amount of flat rate assessment against the irrigable land they serve. And, the Senate passed SB 656 and SB 657 by Senator Ken Paxton, (R-McKinney), which provides transparency in the budget adoption process of municipalities, counties, and school district budgets HOUSE – The House gave final approval to the bills they debated on Tuesday and took up four new bills including HB 326 by Representative Harold Dutton (D-Houston), which would allow an appraisal review board member that has served three consecutive terms to serve a fourth term as long as it is not a consecutive term BUDGET: Passed the Senate: SB 656 by Ken Paxton (R-McKinney) would require the governing body of a municipality to take a record vote when adopting the municipality’s budget; and would require them to disclose detailed information if the budget adopted will require raising more revenue from property taxes than the previous year. The committee substitute was adopted.


Page 71 May 7, 2013



Tel: 512.731.5388 fax: 512.280.7207

SB 657 by Ken Paxton (R-McKinney) would require a record vote by a school district’s board of trustees to adopt a budget; and would require them to disclose detailed information if the budget adopted will require raising more revenue from property taxes than the previous year. The committee substitute was adopted. Reported from Committee: HB 1487 by Linda Harper-Brown (R-Irving) would require the searchable state expenditure database to include information on the specific purposes for which state grant money is used. It was reported favorably as substituted from the House Government Efficiency and Reform Committee and recommended for the Local and Consent calendar. ENERGY: The House Natural Resources Committee took up: HB 1663 by Ryan Guillen (D-Rio Grande City) would prohibit a utility from increasing its rates more than once in a 12-month period for the same customer unless a financial hardship exists. It was left pending. ENVIRONMENT: The House Natural Resources Committee took up: HB 246 by Armando Walle (D-Houston) would prohibit water and sewer utilities from filing for a rate increase of more than 20% in a 36-month period. It was left pending. HB 1973 by Eddie Lucio, III (D-Brownsville) would authorize the regulatory authority for a public utility or a water supply or sewer service corporation to adopt standards for installing fire hydrants. It was voted out favorably. HB 2237 by Jason Isaac (R-Dripping Springs) would prohibit a regulatory authority from including in a rate any expenses incurred by a water and sewer utility in a contested proceeding if the utility fails to appear at or fully participate in the rate hearing held by the local regulatory authority. It was left pending. HB 2720 by Allen Ritter (R-Nederland) would authorize the Texas Commission on Environmental Quality to temporarily adjust the diversions of water by water rights holders to address an imminent hazard to public health. It was voted out favorably as substituted. HB 3234 by Allen Ritter (R-Nederland) would establish procedures for the Texas Commission on Environmental Quality to consider an application for a water right. It was left pending. HB 3857 by Eddie Lucio, III (D-Brownsville) would allow the approval of a tariff or rate schedule in which a nonfuel rate may be periodically adjusted based on changes in the parts of the water and sewer utility’s certificated service area. It was voted out favorably as substituted. House Environmental Regulation Committee took up:


Page 72 May 7, 2013



Tel: 512.731.5388 fax: 512.280.7207

HB 2290 by J.M. Lozano (R-Kingsville) would allow local governmental entities that receive money to implement a supplemental environmental project to retain up to 10% of the amount received for administrative costs. It was left pending. The Senate Natural Resources Committee took up: SB 1162 by Kirk Watson (D-Austin) would require the Texas Commission on Environmental Quality to post on its Internet website 30-days notice of a pending sale of a utility or water supply or sewer service corporation and require written notice to each affected customer. It was reported favorably. SB 611 by Eddie Lucio, Jr. (D-Brownsville) is a comprehensive water districts bill giving flexibility to water improvement districts, water control and improvement districts, and irrigation districts. Two floor amendments were adopted. HUMAN RESOURCES/EMPLOYMENT: On Wednesday, the House Economic and Small Business Development Committee took up: HB 1281 by Brandon Creighton (R-Conroe) would require drug testing of unemployment compensation applicants and would deny benefits to individuals that fail the drug test. It was left pending. HB 1524 by Charles “Doc” Anderson (R-Waco) would require labor union votes regarding the selection of exclusive bargaining representatives to take place by secret ballot. It was left pending. HB 2141 by Wayne Smith (R-Baytown) would impose a penalty of 15% of benefits paid on a person who fails to disclose or misrepresents a material fact when applying for or fraudulently obtains unemployment benefits. It was left pending. Passed the House: HB 1550 by Cecil Bell (R-Magnolia) would provide that an employer would not be subject to unemployment compensation charge-backs if an employee’s involuntary separation from employment is due to a work-related reason that was urgent, compelling and necessary. The committee substitute was adopted and it passed the House on the Local and Consent calendar. HB 2034 by Hubert Vo (D-Houston) would provide that a person is eligible for unemployment compensation benefits if the individual’s last work did not constitute suitable work for the individual and the individual left his/her last work to attend Texas Workforce Commission-approved training. It passed on the Local and Consent calendar. Passed the Senate: SB 21 by Tommy Williams (R-The Woodlands) would require drug testing of unemployment compensation applicants and would deny benefits to


Page 73 May 7, 2013



Tel: 512.731.5388 fax: 512.280.7207

individuals that fail the drug test. The committee substitute and three floor amendments were adopted. SB 844 by Rodney Ellis (D-Houston) would clarify that a person is not disqualified from unemployment benefits if he/she left work which was not suitable to attend training approved by Texas Workforce Commission; and would protect employers from chargebacks for those former employees. It passed on the Local and Uncontested calendar. INTERNET: On Monday, the Senate State Affairs Committee took up: SB 315 by Carlos Uresti (D-San Antonio) would require the Secretary of State to implement a program to allow voter registration applications to be completed over the Internet from the state’s, Secretary of State’s, and Department of Public Safety’s websites. It was voted out favorably as substituted. PROCUREMENT: HB 1977 by Kuempel: A construction manager-at-risk contract may not be awarded to (1) a governmental entity’s engineer, architect, construction manager-agent, or program director; (2) a sole proprietor, corporation, partnership limited liability company or other entity’s engineer, architect, construction manager-agent, or program director has an ownership interest. It was left pending HB 3436 by Byron Cook (R-Corsicana) would prohibit a governmental entity from entering into a public/private infrastructure project before September 1, 2013. It was voted out favorably. TAXES SB 1364 by Senator Schwertner, The bill would amend the utilities code to require a utility to include income tax benefit related to expenses included in utility rates and investments included in the utility’s base rate computation of the utility income tax. It was voted out favorably as substituted. PROPERTY: On Wednesday, the Senate Intergovernmental Relations Committee took up: SB 634 by Wendy Davis (D-Fort Worth) would add surface discharge from an on-site sewage disposal system to the definition of public nuisance. It was reported favorably and recommended for the Local and Uncontested calendar. SB 837 by Rodney Ellis (D-Houston) would authorize municipalities to require a property owner (rather than the owner of a lot) to keep the property free from weeks, brush, and a condition constituting a public nuisance. It was reported favorably and recommended for the Local and Uncontested calendar.


Page 74 May 7, 2013



Tel: 512.731.5388 fax: 512.280.7207

The House County Affairs Committee took up: HB 2170 by Eddie Rodriguez (D-Austin) would provide that if an annexation plan includes territory off an emergency services district, fire and police protection and emergency medical services in the area can be provided by the emergency services district or by cooperation of the municipality and the district. It was left pending. HB 2517 by Drew Springer (R-Muenster) would authorize counties to require a person to notify a local fire department before starting an outdoor fire. It was reported favorably as substituted. Reported From Committee: HB 762 by Ryan Guillen (D-Rio Grande City) would include in the definition of natural disaster for purposes of disaster remediation contracts an occurrence declared a local disaster by the presiding officer of the governing body of a political subdivision. It was reported favorably as substituted from the House Economic and Small Business Development Committee and recommended for the Local and Consent calendar. HB 2586 by Phil King (R-Weatherford) would provide that entities authorized by law to exercise the power of eminent domain may only exercise the power for a public use. It was reported favorably from the House Special Purpose Districts Committee and recommended for the Local and Consent calendar.


Page 75 May 7, 2013


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3)


Page 76 May 7, 2013

VIPO

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Page 77 May 7, 2013

Documents

13-05-07 agenda supplements