13 06 27 agenda supplements

Date of Meeting: June 27, 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. Pledge of Allegiance. C. Roll Call.

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. C. 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.

Standardized Agenda Request Form

Weslaco City Commission Special Meeting

Page 1 June 27, 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



Date of Meeting: 6/27/13

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

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: Presentation of the City of Weslaco’s September 30, 2012 Comprehensive Annual Financial Report. Discussion: Discussion and consideration to approve the City of Weslaco Audit for Fiscal Year 2011-2012 presented by City Independent Auditor Manuel L. Garcia of Garcia and Pena, CPAs. Possible action. (Requested by Finance Department.) Attachment. Fiscal Note: Amount: $ N/A Term of Impact: N/A 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: 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: To approve. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): To be provided on completion by Auditor. Responsibilities upon Approval: Finance Department




Date of Meeting: 06-27-2013

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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, City Engineer, Planning and Code Enforcement Subject: Authorization to enter into interlocal agreement with Hidalgo County Precinct 1and Texas Department of Transportation (TxDOT) to fully fund engineering, environmental, survey, the acquisition of right-of-way, adjustment of utilities and construction of Mile 6 West (Westgate Drive) to widen and re-construct from Mile 9 North to Mile 11 North for an amount not to exceed 10% of the total project cost (TxDOT 80% and Hidalgo County 10%). Discussion: Project consists on widening and reconstructing Mile 6 West (Westgate Drive) from an existing two-lane rural roadway to a four-lane facility. The project is located within the city limits and Extraterritorial Jurisdiction (ETJ) of City of Weslaco. Fiscal Note: Amount: 10% of total Term of Impact: [#] year(s) Identified in Current Budget: No Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [X ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Staff will notify Hidalgo County Pct. 1 and TxDOT.






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1

STATE OF TEXAS § §

COUNTY OF HIDALGO §

INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WESLACO, TEXAS

AND THE COUNTY OF HIDALGO, TEXAS

THIS Agreement is made on this the _______ day of ___________, 2013, by and between the CITY OF WESLACO, TEXAS, hereinafter referred to as "City", and the COUNTY OF HIDALGO, TEXAS, hereinafter referred to as "County", pursuant to the provisions of the Texas Interlocal Cooperation Act, as follows:

WITNESSETH: WHEREAS, Weslaco is a home rule municipality located in Hidalgo County, Texas; WHEREAS, County is a county in the State of Texas; WHEREAS, City and County, each pursuant to its statutory and constitutional authority, are responsible for maintenance and improvements of certain public roadways within their boundaries; WHEREAS, Mile 6 West (Westgate Drive) is an important and critical integral infrastructure connecting link corridor within Hidalgo County; WHEREAS, Texas Department of Transportation (“TxDOT”), HCMPO, Weslaco and County have identified the need to widen and reconstruct Mile 6 West (Westgate Drive) from an existing two-lane rural roadway to a four-lane facility (the “Road”); WHEREAS, TxDOT, Weslaco and County have allocated Federal, State and local funds to fully fund engineering, environmental, survey, the acquisition of right of way, adjustment of utilities and construction of the Road; WHEREAS, the segment of the project from Mile 9 to Mile 10 is within the current corporate limits of Weslaco, while segments north of Mile 10 are within the Extraterritorial Jurisdication (ETJ) of the City of Weslaco and within County jurisdiction; WHEREAS, the Road serves as a connecting link and an integral part of the County road system and such Road improvements are in the best interest of the County and City; WHEREAS, City and County are authorized to enter into this Agreement pursuant to the Interlocal Cooperation Act, Texas Gov't. Code 791.001 et seq., which authorizes local governments to contract with each other to perform governmental



2

functions and services under the terms of the Act, and pursuant to the County Road and Bridge Act which authorizes counties to improve roadways within the limits of a city with the city's consent. NOW, THEREFORE, City and County, in consideration of the mutual covenants expressed hereinafter, agree as follows:

1. The County and City agree in cooperation with TxDOT it is in their mutual best interest to widen and reconstruct the Road from an existing two lane rural roadway to a four lane facility (the “Road Improvements”).

2. County agrees to undertake the acquisition of right-of-way for the Project within

the city limits and ETJ of City, including but not limited to, required title reports, title policies, appraisals, recording fees, closing costs, the cost of land and condemnation of rights-of-way which cannot be acquired by agreement of the landowner on a reimbursement basis.

3. City further agrees to reimburse County for any and all expenses not reimbursed

directly to County by TxDOT within the city limits and ETJ of City for the Road reconstruction and improvements including but not limited to right-of-way acquisition including but not limited to the cost of land, title policies, appraisals, recording fees, closing costs and any necessary legal services and any and all expenses incurred by County related to engineering design, surveying, environmental documentation and construction of the Road project.

4. County agrees to invoice City for all expenses incurred on City’s behalf for the

Project for work performed within the city limits and ETJ except for those expenses paid directly by TxDOT to County on City’s behalf, and City agrees to make such payments to County within thirty (30) days of receipt of invoices.

5. City further agrees to at its sole cost and expense to incur all costs associated

with utility design, construction costs for utility relocation and all related items within the corporate city limits and the ETJ of City which may be necessary to complete the Project described herein.

6. County and City will coordinate work schedules in order to provide for minimal

disruption of traffic and operation during the construction of the Project as described herein.

7. Each party agrees to conform to its own applicable purchasing laws, regulations,

policies, and procedures with respect to the portion of the work under this Agreement performed by each party.

8. Conflict with Applicable Law. Nothing in this Agreement shall be construed so

as to require the commission of any act contrary to law, and whenever there is any conflict between and provision of their Agreement and any present or future



3

law, ordinance or administrative, executive or judicial regulation, order or decree, or amendment thereof, contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the affected provision or provision of this Agreement shall be modified only to The extent necessary to bring them within the legal requirements and only during the times such conflict exists.

9. No Waiver. No waiver by any party hereto of any breach of any provision of the

Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof.

10. Entire Agreement. This Agreement contains the entire contract between the

parties hereto, and each party acknowledges that neither has made (either directly or through any agent or representative) any representation or agreement in connection with this Agreement not specifically set forth herein. This Agreement may be modified or amended only by agreement in writing executed by City and County, and not otherwise.

11. Texas Law to Apply. This 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. The parties hereby consent to personal jurisdiction in Hidalgo County, Texas.

12. Notice. Except as may be otherwise specifically provided in this Agreement, all

notices, demands, requests or communication required or permitted hereunder shall be in writing and shall either be (i) personally delivered against a written receipt, or (ii) sent by registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses set forth below, or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith:

If to WESLACO: City of Weslaco

Attention: City Manager 225 S. Kansas Weslaco, Texas 78596 If to County: County of Hidalgo Attention: County Judge Ramon Garcia P.O. Box 758 Edinburg, Texas 78540-0758 With copy to: Commissioner A.C. Cuellar, Jr. Precinct No.1 1912 Joe Stephens Avenue Weslaco, Texas 78596



4

Each notice, demand, request or communication which shall be delivered or mailed in the manner described above shall be deemed sufficiently given for all purposes at such time as it is personally delivered to the addressee or, if mailed, at such time as it is deposited in the United States mail.

13. Additional Documents. The parties hereto covenant and agree that they will

execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the terms of this Agreement.

14. Successors. This Agreement shall be binding upon and inure to the benefit of

the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement.

15. Assignment. This Agreement shall not be assignable. 16. Headings. The headings and captions contained in this Agreement are solely for

convenience reference and shall not be deemed to affect the meaning or interpretation of any provision of paragraph hereof.

17. Gender and Number. All pronouns used in this Agreement shall include the

other gender, whether used in the masculine, feminine or neuter gender, and singular shall include the plural whenever and so often as may be appropriate.

18. Authority to Execute. The execution and performance of this Agreement by City and County have been duly authorized by all necessary laws, resolutions or corporate action, and this Agreement constitutes the valid and enforceable obligations of City and County in accordance with its terms.

19. Governmental Purpose. Each party hereto is entering into this agreement for

the purpose of providing for governmental services or functions and will pay for such services out of current revenues available to the paying party as herein provided.

20. Commitment of Current Revenues Only. In the event that, during any term

hereof, the governing body of any party does not appropriate sufficient funds to meet the obligations of such party under this Agreement, then any party may terminate this Agreement upon ninety (90) days written notice to the other party. Each of the parties hereto agrees, however, to use its best efforts to secure funds necessary for the continued performance of this Agreement. The parties intend this provision to be a continuing right to terminate this Agreement at the expiration of each budget period of each party hereto pursuant to the provisions of Tex. Loc. Govt. Code Ann. §271.903.

[SIGNATURE PAGE WILL FOLLOW]


Page 10 June 27, 2013

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WITNESS THE HANDS OF THE PARTIES effective as of the day and year first written above.

THE CITY OF WESLACO

________________________ Miguel Wise, Mayor ATTEST: ______________________________ City Secretary COUNTY OF HIDALGO ________________________ Ramon Garcia, County Judge ATTEST: _____________________________ Arturo Guajardo, Jr., County Clerk APPROVED AS TO FORM: ATLAS, HALL & RODRIGUEZ, LLP By: _______________________________ Stephen L. Crain


Page 11 June 27, 2013

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STATE OF TEXAS § § COUNTY OF HIDALGO §

APPROVAL OF INTERLOCAL COOPERATION AGREEMENT

PROJECT

In accordance with Texas Government Code §791.014, Hidalgo County, Texas, acting by and through the Hidalgo County Commissioners Court, has been advised of a proposed project to desire to widen and reconstruct Westgate Drive between Mile 9 and Mile 11 road through an Interlocal Cooperation Agreement to be entered into with the City of Weslaco, Texas, and Hidalgo County.

By vote on____________ 2013, the Hidalgo County Commissioners Court has approved the Project identified above. ______________________________ By: Ramon Garcia, County Judge ATTEST: __________________________ Arturo Guajardo, County Clerk APPROVED AS TO FORM: ATLAS, HALL & RODRIGUEZ, LLP By: _________________________ Stephen L. Crain


Page 12 June 27, 2013