13-05-21 agenda supplements

Date of Meeting: May 21, 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. Senior Minister Howard Bloomquist, Central Christian Fellowship 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

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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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Minutes of the Regular Weslaco City Commission meeting on May 7, 2013 Page 1 of 13

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, MAY 7, 2013

On this 7th day of May 2013 at 6:0 p.m., following the presentation of the key to the City to Omar “Panterita” Figueroa, Jr., 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 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; David Salinas, Public Utilities Director; Police Chief Michael Kelly; Fire Chief Jimmy Cuellar; Jeff Underwood, Interim Planning/Code Enforcement Director; Arnold Becho, Library Director; Mr. David Arce, Parks & Recreation Director; and other staff members and citizens. I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Pro-Tem Cuellar called the meeting to order and certified the public notice of the meeting as properly posted Friday, May 3, 2013.

B. Invocation. Reverend Richard Speers from Grace Episcopal Church delivered the invocation.

C. Pledge of Allegiance. Mayor Pro-Tem Cuellar recited the Pledge of Allegiance and the Texas Flag.

D. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the absence of Mayor Wise.

II. PUBLIC HEARING

A. To solicit input on behalf of Sylvia Mendoza and Arturo Robles 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. Commissioner Rivera, seconded by Commissioner Martinez, moved to open the public


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hearing as presented. The motion carried unanimously; Mayor Pro Tem Cuellar was present, but not voting. There were no comments from the public. Commissioner Tafolla, seconded by Commissioner Rivera, moved to close the public hearing as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

III.

CONSENT AGENDA

A. Approval of the Minutes of the following: 1) Regular Meeting of April 16, 2013; 2) Special Meeting of April 23, 2013.

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

B. Authorization to utilize Federal Equitable Sharing funds in an amount of $125.75 to transfer one (1) 2007 Suzuki LT-F250 ATV VIN# JSAAJ51A972105456 awarded to the City of Weslaco Police Department from the U.S. Department of Justice and authorize the Mayor to execute any related documents. (Requested by Police Department.) Attachment.

C. Approval of a space rental agreement between Sylvan Learning and the Mayor Joe V. Sanchez Public Library for use of prearranged areas of the library within the Summer months at a cost of $100 per week and authorize the Mayor to execute any related documents. (Requested by Library.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve all items of the Consent Agenda as presented. Commissioner Noriega requested item III. C be withheld from the consent agenda for discussion. Commissioner Tafolla, seconded by Commissioner Rivera, amended the motion to approve consent agenda items A and B as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

IV. APPOINTMENTS Standard Documentation on Board Appointments

A. Discussion and consideration to approve Resolution 2013-43 to fill the term of one member to the Weslaco Health Facilities Development Corporation. Possible action. (There was no action on this Resolution April 16, 2013; Requested by Finance Department.) Attachment. There was no action on this item.

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 16, 2013; Requested by Fire Department.) Attachment.


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The City Manager stated Dr. Roger Heredia resigned from the Ambulance Advisory Board. In response to a question from Mayor Pro-Tem Cuellar, the City Attorney stated traditionally the place is held by a doctor but it is not a requirement. Commissioner Tafolla, seconded by Commissioner Rivera, moved to accept the resignation of Dr. Roger Heredia and approve Resolution 2013-45 appointing Dr. Sandra Esquival to the Ambulance Advisory Board. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-45 reads as follows:

RESOLUTION NO. 2013-45

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 _Sandra Esquival is appointed to serve a two year term on the Ambulance Advisory Board and the term will begin on May 7, 2013 and expire on May 7, 2015. PASSED AND APPROVED on this 7th day of May, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

C.

Discussion and consideration to approve Resolutions 2013-49 and 2013-50 to fill the expired terms of two members to the Library Board. Possible action. (Requested by Library Department.) Attachment. Commissioner Martinez, seconded by Commissioner Tafolla, moved to approve Resolution 2013-49 appointing Mr. Joe Rios to the Library Board. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-49 reads as follows:


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


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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Joe Rios is appointed to serve a two year term on the Library Board and the term will expire on May 7, 2015. PASSED AND APPROVED on this 7th day of May 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve Resolution 2013-50 reappointing Mr. Juan Hernandez to the Library Board. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-50 reads as follows:


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 Juan Hernandez is appointed to serve a two year term on the Library Board and the term will expire on May 7, 2015. PASSED AND APPROVED on this 7th day of May 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

D. Discussion and consideration to remove two members from the Parks and Recreation Advisory Board and to approve Resolutions 2013-51 and 2013-53 filling those unexpired terms. Possible action. (Requested by the Parks and Recreation Department.) Attachment. The City Manager stated Daniel Moreno and Annabelle Cardona are eligible for replacement on the Parks and Recreation Advisory Board as they have been absent from three properly posted meetings; their terms have not expired. Commissioner Martinez stated it was his understanding the meetings were not properly posted nor the members notified and Mr. Moreno still wished to serve on the board. Mr. David Arce stated that three meetings had been posted and that the board members were contacted either on Friday or Monday as a reminder of the time and location. The


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agendas also were emailed to the members. Commissioner Rivera, seconded by Commissioner Noriega, moved to remove Mr. Daniel Moreno and Ms. Annabelle Cardona. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. Commissioner Noriega stated that she is seconding the removal of the board members because they are not participating Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve Resolution 2013-51 appointing Mr. Lupe Garcia. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, the resolution reads as follows:


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 __Lupe Rivera___ is appointed to serve an unexpired term on the Parks & Recreation Advisory Board and the term will begin on May 7, 2013 and end on September 19, 2013. PASSED AND APPROVED on this 7th day of May 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY Commissioner Noriega, seconded by Commissioner Martinez, moved to approve Resolution 2013-53 appointing Mr. Richard Lopez. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, the resolution reads as follows:



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


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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 Richard Lopez is appointed to serve an unexpired term on the Parks & Recreation Advisory Board and the term will begin on May 7, 2013 and end on October 19, 2015. PASSED AND APPROVED on this 7th day of May 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

V. OLD BUSINESS

A. Discussion and consideration to approve the Lease Agreement with the Lower Rio Grande Valley Development Council (LRGVDC) for use of the City of Weslaco Public Works Facilities Building and authorize the Mayor to execute any related documents. Possible action. (There was no action on this item April 23, 2013; Requested by Public Facilities Department.) Attachment. There was no action on this item.

VI. NEW BUSINESS

A. Discussion and consideration after public hearing on behalf of Sylvia Mendoza and Arturo Robles 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. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. The City Manager stated notice was published and hearing held; the Planning and Zoning Commission and staff recommend approval with the conditions that there be a minimum of two security officers present during the hours 6:00 p.m. to 2:00 a.m. Wednesday through Saturday. Commissioner Martinez, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

B. Discussion and consideration to approve a revision to the Bylaws of the Economic Development Corporation of Weslaco to provide for terms of office and a rotation of the members to comply with the Articles of Amendment to the Articles of Formation of the Economic Development Corporation of Weslaco as approved by the Weslaco City Commission on February 19, 2013. Possible action. (Requested by the Economic Development Corporation.) Attachment. The City Manager stated that this would allow for staggered terms of the new board appointees and recommends approval; Mr. Hernan Gonzalez clarified this mirrors the


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Articles of Formation as adopted by the Commission. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

C. Discussion and consideration to approve Resolution 2013-54 authorizing review of the Cost of Service Adjustment (COSA) filing by Texas Gas Service Company (TGS), a division of ONEOK, Inc. effective August 1, 2013, hiring legal and consulting services to negotiate with TGS, and requiring TGS to reimburse all reasonable costs associated with a joint review of this application with other cities. Possible action. (Requested by Legal Department.) Attachment. The City Manager stated this allows the City to work with other cities to hire an attorney to negotiate the group rates. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-54 reads as follows:


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:


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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.

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 7th day of May, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

D. Discussion and consideration to award the Construction-Manager-At-Risk Contractor to the best qualified, most advantageous bidder for the construction phase of the Weslaco Boys and Girls Club Recreation Center, funded in part by the Texas Parks and Wildlife as Project Number 51-000065, as shown on architectural drawings design completed by Alcocer Garcia Associates Architectural Services and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Facilities Department.) Attachment. There was no action on this item.

E. Discussion and consideration to award the City’s Multiprotocol Label Switching Data Network and Internet Service Provider Services (City-wide Fiber Project) to the best qualified, most advantageous bidder as budgeted and authorize the Mayor to execute any related documents. Possible action. (Solicitation of Proposals authorized March 19, 2013; Requested by Information Technology Department.) Attachment. The City Manager stated this is for fiber network to connect the entire municipality; staff recommends Smart Com. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. In response to inquiries from Commissioner Noriega, Mr. Rey Garcia stated the business owners are Yoder, selected based the on cost and customer support. He added this would provide savings to the City reducing from $56,000.00 as budgeted to $42,000.00 as bid with redundancies. Mr. Garcia stated only two bids were received since other vendors contacted do not service municipalities.


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The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

F. Discussion and consideration to approve a budget amendment from the Water and Wastewater Retained Earning Accounts in an amount not to exceed $220,564.96 for the close-out of invoice No. 55609 from CH2MHILL-OMI for fiscal year 2012 Repairs, Chemicals, and Sludge Expenses. Possible action. (Invoice approved March 5, 2013; Requested by Public Utilities Department.) Attachment. The City Manager stated that the Commission already approved the payment of the invoice but overlooked the approval of the budget amendment. Commissioner Martinez, seconded by Commissioner Rivera, moved to approve. In response to Commissioner Noriega, Mr. Mann clarified the funds are from retained earnings, which comes from prior earnings collected by utilities through fees. Mr. David Salinas stated that as equipment ages it requires more repairs and that though they increased the budgeted amount for Fiscal Year 2013, this amount is for Fiscal Year 2012. Mr. Salinas stated that GIS is inventorying equipment, including pipes, and identifying a twenty-five year staggered, aging schedule for capital improvements. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

G. Discussion and consideration to select the color of decorative coating for the pre-stressed concrete tanks at the Water Treatment Plant. Possible action. (Requested by City Manager’s Office.) Attachment. The City Manager stated that the Commission could select any color it liked, but there could be additional cost for certain colors. Mr. Salinas stated that the City can pick any color except purple because that is reserved for recycled water. Mayor Pro-Tem asked staff to come back with a recommendation.

H. Discussion and consideration to approve Resolution 2013-52 establishing the Weslaco 100 Committee, an ad hoc citizen board, to advise on the municipal strategic plan and centennial celebrations. Possible action. (Requested by City Manager’s Office.) Attachment. The City Manager stated this forms a fifteen member committee to prepare for the centennial, to update the comprehensive plan and to update the open parks plan. If approved at the next meeting the Commission may appoint its members. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-52 reads as follows:


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

III.

CONSENT AGENDA

C. Approval of a space rental agreement between Sylvan Learning and the Mayor Joe V. Sanchez Public Library for use of prearranged areas of the library within the Summer months at a cost of $100 per week and authorize the Mayor to execute any related documents. (Requested by Library.) Attachment. Commissioner Noriega stated that even though this program offers tutoring there are plenty of available rental spaces and is against the rental of public space to a for-profit business. The City Manager stated the Economic Development Corporation approached the City because Sylvan Learning is looking to expand into trial markets in Weslaco and Harlingen and this is a pilot project. Ms. Susana Val Verde stated they are trying to determine if there is enough demand to warrant establishing a retail operation in Weslaco and they failed to quantify in-kind services, including certified teachers and education oriented programs. They currently have free services in both Weslaco High Schools, but


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these facilities are not open during the summers. Commissioner Noriega stated that there are other tutoring businesses in Weslaco; Ms. Val Verde stated that there are tutors at the library now charging for their services. Mr. Becho stated that he wasn’t aware of anyone conducting business at the library. Hernan Gonzalez stated this is an enrichment program and it is for a very limited term. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve. The motion carried with Commissioner Noriega opposed (4-1); Mayor Pro-Tem Cuellar was present, but not voting. Commissioner Martinez asked why there was a delay on item IV. D. The City Manager stated that they are looking to secure additional local bidders.

VII. REPORTS

A.

Report on Departmental Update, Upcoming Meetings, Appointments, and Feedback. Attachment. The City Manager stated there were 375,000 visitations to the library this year and are looking to be reaccredited. Upgrades have been completed at field 1 at Harlon Block Park and slides replaced where damaged and no claims had been filed. South Texas Turf Farms, Woodmen of the World, and JC’s Electric donated 14 pallets at $60/pallet for the Little League infield. City parks remain safe and very busy. Mayor Pro-Tem Cuellar suggested a BBQ fundraiser to benefit the City parks as there is a lot of enthusiasm to gets the parks where they were. The City Manager introduced Jeff Underwood as Interim Planning/Code Enforcement Director and Senior Planner.

B. Proposed Transportation Priorities. Attachment. The City Manager referenced the report as enclosed.

C. Legislative Update from Caballero Legislative Affairs. Attachment. The City Manager referenced the report as enclosed.

D. Report on Sponsored Projects. Attachment. The City Manager referenced the report as enclosed.

E. Report on Litigation Status. The City Manager referenced the report as enclosed.

VIII. PUBLIC COMMENTS


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Bernie Saenz thanked the City for its continued support of the VIDA program through the Economic Development Corporation. Samuel Cavazos advocated City guidelines for handling grievances.

IX. EXECUTIVE SESSION At 7:07 p.m., the Mayor Pro-Tem announced the regular meeting to convene in Executive Session. At 8:18 p.m., the Mayor Pro-Tem announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

X. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Land Acquisition – Discussion with City Manager regarding the acquisition of real property for the Weslaco Mid-Valley International Airport for the TxDOT Aviation Division runway extension project as authorized by §551.072 of the Texas Local Government Code. There was no action on this item.

B. Economic Development - Discussion and consideration to authorize the Economic Development Corporation of Weslaco to provide an incentive in excess of One Hundred Thousand Dollars ($100,000.00) for a business to expand to Weslaco pursuant to §551.087 of the Texas Government Code. Commissioner Fox, seconded by Commissioner Martinez, moved to authorize the Economic Development Corporation to enter into a Development Agreement and to offer an incentive not to exceed $200,000.00 as discussed in executive session. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

C. Litigation – Consultation with the City Attorney to discuss legal matters related to litigation as authorized by §551.071 of the Texas Local Government Code. There was no action on this item.

XI. ADJOURNMENT With no other business before the Commission, at 8:19 p.m. Commissioner Fox, seconded by Commissioner Martinez, moved to adjourn the May 7, 2013 regular meeting. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

CITY OF WESLACO (absent) MAYOR, Miguel D. Wise


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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


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ewalker

Typewritten Text

II. B.


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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director Subject: Donation acceptance of two (2) Trimble GPS Nomad units from GIS, LLC. Discussion: Discussion and Consideration to approve the donations from WW GIS, LLC of two (2) Trimble GPS Nomad units with serial numbers: ES1UC40797 and ES2OC57599 which will assist on GPSing assets citywide. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, if any (name of board/committee, date of action, recommendation): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Letter from Joanna D. Sanchez, President-GIS, LLC Responsibilities upon Approval: City Secretary office will forward all executed documents to the Public Utilities Department.



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ewalker

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II. D.

275 South Kansas, Suite A ◆ Weslaco, Texas 78596

Phone (956)969-0838 ◆ Fax (956)969-8611

www.weslacoedc.com

May 13, 2013

Mr. Leonardo Olivares City Manager, City of Weslaco 255 S. Kansas Weslaco, TX 78596

Dear Mr. Olivares

On behalf of the The Economic Development Corporation of Weslaco, I am formally requesting street closure consideration at the May 21, 2013 City of Weslaco Commissioners’ meeting. This is for our Alfresco Weslaco anniversary celebration “Jammin’ on the Street” on Texas Blvd/FM88 between Business 83 and Fifth Street from 3:00 pm and 10:00 pm on July 4, 11,18 and 25,

We are planning a month long celebration with different genres of music each week as an effort to bring more residents to the downtown area. The event will be called Alfresco Weslaco – Jammin’ on the Street celebrating our community and the beautified Texas Blvd which represents a significant investment by the City of Weslaco.

The event is free and is open to the public and will include rock and roll oldies, country, jazz and Tejano music, as well as food vendors and beverages. We would also like to have wine and beer sold by a TAB licensed vendor. The merchants will be asked to remain open to the public and have sidewalk sales.

We would like to request a waiver of any fees and ordinances associated with the event. We also request support from the Weslaco Parks Department, Public Works Department, Police Department, Fire Department and the EMS to make the event as safe as possible.

Thank you for your consideration and participation on the first Al Fresco Weslaco – Jazz on the Street event.

Best Regards,

Alicia Aguilar Director of Marketing & Business Retention The Economic Development Corporation of Weslaco


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

From: Mike Kelley, Chief of Police, Weslaco Police Department Subject: Consent and Authorization to submit/accept a Federal Grant Application; United States Department of Justice (COPS) Community Oriented Policing Services (FY 2013 CHP Solicitation) Discussion: The Chief of Police is requesting consent from the City Commission to authorize the necessary personnel to submit a grant application to the Department of Justice (COPS) for the purpose of hiring two police officers. If approved the police department could hire two additional officers assigned as community oriented policing services. The grant would provide funding with a maximum $125,000.00 total for 36 months. The City would be responsible for a 25% Cash Match, while the Federal Government would pay for 75% of the entry level position. Any and all expenses above the entry level salary would be the responsibility of the City. 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: In 2009 the City Commission approved the same grant application for the hiring of three police officers. 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 Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): NA Responsibilities upon Approval: None



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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

Are you related to any member of the Commission? [ ] Yes or [ ] No

If so, who and how?

Have you previously served on a City board? [ ] Yes or [ ] No

If so, which and when?

Have you ever been elected to public office? [ ] Yes or [ ] No

If so, which and when?

Do you consent to release this info to the public? [ ] Yes or [ ] No

Are you age 25 or older? [ ] Yes or [ ] No

The statements I have made on this Application for Service are truthful and I am not disqualified to serve due to nepotism, City of Weslaco Charter or Ordinances or State of Texas laws.

Timestamp of Receipt:

Applicant’s Signature:

Optional Demographic Information: Self Identification Gender: Age: Race: Religion: Citizenship:

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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mailto:[email protected]






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 21st 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


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RESOLUTION NO. 2013 - 57

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; 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 and the representative and his or her designee from the following entities have been appointed: Weslaco Independent School District, South Texas College, Knapp Medical Center, Woodcrafters Home

Products, LLC, HEB, Payne Auto Group, Texas Department of Public Safety, United States Border

Patrol, Rotary Club, Elks Lodge, Weslaco Area Chamber of Commerce, Valley Nature Center, Weslaco

Museum of Local History and Cultural Art, San Martin de Porres Catholic Church, and First Baptist

Church; additionally the following elected officers have been named ex officio members: members of the

Weslaco City Commission, Texas State Representative House District 39,Texas State Senator District

27, United States Representative District 15, and United States Representative District 34.

PASSED AND APPROVED on this 21st day of May, 2013.

CITY OF WESLACO ___________________________________



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


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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 21st day of May 2013.

CITY OF WESLACO


ATTEST: Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY


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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 21st day of May 2013.

CITY OF WESLACO


ATTEST: Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY


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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director on behalf of Ramona Flores & Elmer Ramos. Subject: Discussion and consideration of the Final Plat of El Papalote Ranch Subdivision - being 6.028 acre tract out of Farm Tract 310, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas. Discussion: At their regular meeting of April 17. 2013, the Planning and Zoning Commission denied the final plat. The proposed two (2) lot subdivision is outside the City of Weslaco and is located on the north side of Mile 12 North Road and approximately 1805 feet of its intersection with Mile 5 West. This subdivision will be serviced with water by North Alamo Water Supply Corporation and sewer will be provided by septic tanks. The property is within a Flood Zone “X”. Residential development is being proposed. Fiscal Note: Amount: $ Term of Impact: [#] year(s) 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: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/17/2013, recommends denial of the final plat. Recommendation for Commission Action: Staff recommends denial of the final plat due to pending comments and revised final plat copies not submitted. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Subdivision Platting, Engineering, Public Facilities, Fire Marshal’s comments, Drainage Report. Responsibilities upon Approval: Planning staff will advise applicant.



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Date of Meeting: May 21 , 2013

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

From (name, title, department and who submitting on behalf of, if any): Mike Kelley, Chief of Police, Weslaco Police Department Subject: Discussion and consideration for the approval to purchase bulletproof vests in an amount not to exceed $35,000.00 (50% from Federal Equitable Sharing funds and 50% from the US Department of Justice-Bureau of Justice Assistance Program (BJA) Bulletproof Vest Partnership Program (BVP)). Discussion: Request approval from City Commission to purchase equipment from Lone Star Uniforms utilizing the Texas State Contract pricing for Bulletproof Vests for the Weslaco Police Department in an amount not to exceed $35,000.00 (to utilize Federal Equitable Sharing funds and 50% from the US Department of Justice-Bureau of Justice Assistance Program (BJA) Bulletproof Vest Partnership Program (BVP)). 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: NA 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): NA Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): NA Responsibilities upon Approval: None



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Date of Meeting: April 2, 2013

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

From: George Garrett Aviation Director Subject: Discussion and Consideration to approve budget increase for the airport runway extension to include additional asphalt work to accommodate proposed hangar construction, repair of sink holes on the south portion of the airport between the taxiway and the runway and possible replacement of current sewer line running east to west on south portion of the airport to accommodate additional connections in the industrial park. Original cost estimate $5,860,210.00 current estimate $7,239,520.00 or a difference of $1,379,310. Additional cost to the City is $137,931.00 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): Reviewed by Aviation Director recommends Approval Recommendation for Commission Action: Approval. Attachments, if any Invoice from TxDOT Aviation Division Responsibilities upon Approval: Instruct Finance Director to Send (10%) of total cost to TxDOT Aviation Division



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DEVELOPMENT AGREEMENTThis DEVELOPMENT AGREEMENT Agreement is made as of e last date of

execution set forth below by and between THE ECONOMIC DEVELOPMENTCORPORATION OF WESLACO a Texas Non Profit Corporation the BCD and the

CITY OF WESLACO TEXAS a Texas Home Ruled Municipal Corporation the Cityas follows

WHEREAS the City currently owns and operates the Weslaco Mid Valley Airportthe Airport located in the Weslaco Industrial Park and acts as its own fixed baseoperator FBO in providing fuel sales and terminal services at the Airport

WHEREAS the EDC and the City through a prior Development Agreementbetween the parties have previously taken cooperative action to secure the designation ofthe Airport as a U S Customs and Border Protection CBP Port of Entry and the onlydesignated Oncall Landing Rights Airport on the TexasMexico border including theconstruction of an appropriate processing facility the CBP Facility to be operated by theCBP

WHEREAS the City and the Texas Department of Transportation have previouslyentered into Texas Department of Transportation Project No AP Weslaco 5 TxDOT CSJNo 1121 Weslaco Airport Expansion Project the TxDOT Contract relating to theexpansion of the width and length of the runway at the Airport in which the City has theresponsibility of providing 50000000 in local matching funds as the Sponsor under theTxDOT Contract

WHEREAS the EDC has previously leased property at the Airport from the Cityand constructed one 1 hangar as part of its efforts to promote the development ofeconomic activity at the Airport which hangar is currently leased to a private third partydoing business at the Airport

WHEREAS the governing bodies of both the EDC and the City find that thecontinued development of the Airport is necessary to insure the continued growth of theCity and is an important factor in the efforts of the EDC and the City to promotedevelopment of new and existing industrial manufacturing retail and tourism enterprisesin the City and the associated employment opportunities and enhanced tax base related tosuch development

WHEREAS the EDC as an independent nonprofit corporation desires to assistwith the development of the Airport in accordance with the EDCs ongoing economicdevelopment programs

NOW THEREFORE for good and valuable consideration it is agreed by andbetween the EDC and the City as follows towit


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1 The EDC agrees to

a Provide on a reimbursement basis onehalf 12ofthe Citys shareof the local matching funds as the Sponsor under the TxDOT Contract not to exceed25000000

b Provide on a reimbursement basis the cost salary plus taxes andbenefits provided to all City of Weslaco Employees of the City employing one 1additional person as Airport Operations CoordinatorTechnician for the remainder of the2011 2012 Fiscal Year not to exceed a total of2900000with such reimbursement to beon the 10 day of April July and October for the prior 3 month period subject to the Cityproviding the EDC with verification of the costs incurred during such 3 month period

c Enter into a lease five 5 year primary term with four 4 additionalfive 5 year option periods at the EDC election with the City for an additional site to builda hangar at the Airport for use in the EDCs economic development program and tocommence construction of such hangar with all costs related thereto to be at the soleexpense of the EDC with commencement established by the Citys issue of a buildingpermit on or before December 31 2012 and to prosecute such construction to completionas established by the Citysissue of a certificate of occupancy within one 1 year ofcommencement provided further that in lieu of cash rent for such site the lease shallprovide that all improvements constructed by the EDC shall become the property of theCity upon termination of such lease

d Enter into a lease five 5 year primary term with four 4 additionalfive 5 year option periods at the EDC election with the City for additional site to build ahangar at the Airport for use in the EDCs economic development program and tocommence construction of such hangar with all costs related thereto to be at the soleexpense of the EDC with commencement established by the Citys issue of a buildingpermit on or before December 31 2013 and to prosecute such construction to completionas established by the Citysissue of a certificate of occupancy within one 1 year ofcommencement provided further that in lieu of cash rent for such site the lease shallprovide that all improvements constructed by the EDC shall become the property of theCity upon termination of such lease

e Enter into a lease five 5 year primary term with four 4 additionalfive 5 year option periods at the EDC election with the City for additional site to build anhangar at the Airport for use in the EDCseconomic development program and tocommence construction of such hangar with all costs related thereto to be at the soleexpense of the EDC with commencement established by the Citys issue of a buildingpermit on or before December 31 2014 and to prosecute such construction to completionas established by the Citys issue of a certificate of occupancy within one 1 year ofcommencement provided further that in lieu of cash rent for such site the lease shallprovide that all improvements constructed by the EDC shall become the property of theCity upon termination of such lease


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Page 62 May 21, 2013

f Enhance and stimulate economic development at the Airport byidentifying and pursuing opportunities that offer the possibility of generating sustainablegrowth at the Airport and that encourage private investment at the Airport

g Assist with the development and implementation of a marketingprogram for the Airport as part of the EDCs ongoing economic development plan for theCity including the possible use of economic development incentives by the EDC toencourage private investment at the Airport

2 The City agrees to

a Comply with its obligations under the TxDOT Contract and to providethe EDC with copies of all documentation related to the Citys payment to TxDOT of theCitys Sponsor obligations under the TxDOT Contract

b Strive to maintain the funding level for the Airport from the Citysgeneral revenue funds as currently exists in the approved 2011 2012 budget for the City

c Employ one 1 additional person as an Airport Operations CoordinatorTechnician for the remainder of the 2011 2012 Fiscal Year

d Strive to fund the Airport from the Citys general revenue funds for the20122013 and 2013 2014 Fiscal Years to an amount not less than the sum of the amountas currently exists in the approved 2011 2012 budget and to use all other net revenue asgenerated by the Citys operation of the Airport for development and improvement of thefacilities and services offered by the City as the FBO of the Airport

e Negotiate additional leases with the EDC for sites at the Airport forconstruction of additional hangars by the EDC on the terms and conditions as set forth inParagraphs 1cd and e above

f Review and revise the terms and conditions relating to the Citys leasingof property and hangars owned by the City at the Airport so that such terms and conditionsare competitive with other general aviation airports in the Rio Grande Valley

g Change the name of the Airport on or before October 1 2012 fromWeslaco Mid Valley Airport to a name which reflects the vision and future of the Airportas a regional airport for the Rio Grande Valley and south Texas

h Attempt to implement all steps necessary to insure that the Airport hasqualified management with all appropriate staffing training resources and equipment toeffectively operate the Airport as a general aviation airport for the Rio Grande Valley andsouth Texas


Page 63 May 21, 2013


Page 63 May 21, 2013

3 In accordance with the requirements of the Development Corporation Act and theArticles of Incorporation and Bylaws of the EDC the City hereby approves the expenditureof all funds by the EDC required for the EDC to comply with its obligations under thisAgreement upon appearing this Development Agreement

4 If either party fails to comply with the obligations as set out in this Agreement theother party may terminate this Agreement upon providing written notice to the other partyof the default and the other party refusing or failing to cure the default within 30 days ofreceipt of notice

5 Time shall be of the essence of this Agreement

6 In case any one or more of the provisions contained in this Agreement shall for anyreason be held to be invalid illegal or unenforceable in any respect such invalidityillegality or unenforceability shall not affect any other provision hereof and thisAgreement shall be construed as if such invalid illegal or unenforceable provision hadnever been contained herein Each party acknowledges that both parties have had theopportunity to be represented by counsel that the terms of this Agreement were negotiatedbetween the parties and that this Agreement will be construed as having been draftedequally by both parties

7 This Agreement shall be construed under and in accordance with the laws of theState of Texas and all obligations of the parties created hereunder are performable inHidalgo County Texas

8 This Agreement shall be binding upon and inure to the benefit of the parties heretoand their respective successors and assigns

Executed the Sr day of h tn vij 2012


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Page 64 May 21, 2013

THE ECONOMIC DEVELOPMENTCORPORATION OF WESLACO

Executed the i day of SG 2012

C

ATTEST

cL firlamELIZABETH WALKERCity Secretary

APPROVED AS TO FORM

GRAM VELA

City Attorney

CITY OF WESLACO


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275 S. Kansas Suite A Weslaco, Texas 78596 Phone 956-969-0838 Fax 956-969-8611

www.weslacoedc.com

EXECUTIVE DIRECTOR’S REPORT TO WESLACO CITY COMMISSION

May 2013 1. Payne Auto Group

The new Chevrolet and GMC Dealerships are nearing completion. The next phase is the redevelopment of the Weslaco Motors location into a new Ford Dealership. Total project investment including land exceeds Ten Million Dollars ($10,000,000.00)

2. Lower Rio Grande Valley Development Council (LRGVDC)

The LRGVDC has purchased the Railroad Street property from the EDC. The group plans to add another twelve thousand square feet (12,000√) to the complex.

3. Arturo’s Bar & Grill

Construction on Arturo’s is moving ahead of schedule, with a projected completion in August. Arturo’s is one of the premier regional restaurant brands.

4. GCR Truck Center / Bridgestone

The sixteen thousand square foot (16,000√) regional center is nearing completion. The opening will be in late June or early July.

5. Praat Aviation / Mid-Valley Airport

The Praat flight school is equipped with the only flight simulators in the region. Of note: There are more than one hundred (100) planes based at the Mid-Valley Airport.

6. LongHorn Steakhouse

LongHorn, a Darden restaurant, is taking shape, with completion possibly as early as July.

A new multi-tenant building is being constructed in front of Academy. The tenants include Super Cuts, Cricket, an optometrist service and Ace Cash.

7. El Gallo Loco

The former lube shop is redeveloped for a convenience store. The EDC assisted with the façade improvements, including signage.

8. Blimpie America’s Sub Shop

The new restaurant has opened downtown. It confirms that this area is attractive to entrepreneurs. There is good energy and interest in downtown properties. This was not the case two years ago. The EDC’s work for 100% occupancy downtown is paying off.

9. Jason’s Deli

Three hundred (300) postcards were mailed to the CEO of Jason’s Deli. In the past, postcard campaigns were done for Luby’s, Academy, and Chick-Fil-A. This is a fun way to get the community involved in economic development. Another is to encourage shoppers to shop locally first.

10. Valley Nature Center

Construction of VNC’s Environmental Education Center is moving along. Looks like completion will be in August.

11. Sales Tax

A Million Dollar month! The receipt for May was One Million One Hundred Thirty-Five Thousand Dollars ($1,135,000.00), a 4.21% increase over last year. The year-to-date is running 8.59% ahead of last year.

HG:mg; 5/13/13


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Page 83 May 21, 2013

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Posted on: April 16, 2013

[ACTIVE] HIDALGO COUNTY HOSTED VOTE CENTER

WORKSHOP

Hidalgo County is moving forward on plans to

establish vote centers, or countywide polling

places, which would give registered voters in

Hidalgo County the option of voting at any

polling location on Election Day instead of

having to vote at their precinct polling

locations. The establishment of vote centers

will allow Election Day polling places to

operate in a similar manner to early vote

locations.

In 2005, the Texas Legislature authorized a pilot program to permit vote centers,

and the first program was implemented in Lubbock County in 2006. Since then,

other counties have followed suit, successfully implementing vote centers

throughout the state. Earlier this year, Hidalgo County Commissioners’ Court

approved the creation of a committee to oversee the process to develop vote

centers; the committee will hold its inaugural meeting this week.

In addition to the committee meeting, the County announced a community

workshop that was held with special guests from Lubbock County, city and school

election representatives and the general public. Lubbock County supports the vote

centers program so enthusiastically that officials traveled to Hidalgo County solely

for the purpose of informing County leaders and residents about the benefits of the

program and how it functions in Lubbock County. Lubbock County Commissioners

Bill McCay and Mark Heinrich, along with Elections Administrator Dorothy Kennedy,

attended the workshop to share their experience and successes with their vote

center program.

The workshop was held Wednesday, April 17, 2013 at the Edinburg Conference

Center (118 Paseo del Prado in Edinburg).

View Details >>

HIDALGO COUNTY PROCLAIMS MAY 2013 AS MENTAL HEALTH

AWARENESS MONTH

Posted on: May 15, 2013

RESOLUTION IN SUPPORT OF SPACEX

Posted on: May 15, 2013

SHERIFF'S OFFICE HOLDS FALLEN HEROES CEREMONY

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13-05-21 agenda supplements