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Date of Meeting: August 6, 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. Pastor Masilamony, Seventh Day Adventist Church, will give 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 August 6, 2013

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Page 1: 13 08 06 agenda supplements

Date of Meeting: August 6, 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. Pastor Masilamony, Seventh Day Adventist Church, will give 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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Date of Meeting: July 18, 2013

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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Arturo’s Bar & Grill, LLC, owner, Gilberto Garza. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Mixed Beverage Late Hours Permit at 2303 W. Expressway 83, also being Lot 7, Town Center Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit obtain an On-Premise Mixed Beverage Late Hours Permit. 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 July 1, 2013. Six (6) property owners within 200 ft. of the applicant’s property were notified by letter on July 5, 2013. Staff has not received comments against the request and no one appeared at the July 17, 2013, Planning and Zoning Meeting in opposition to the request. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 07/17/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. 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.

Standardized Agenda Request Form

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A SPECIAL MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, JULY 30, 2013

On this 30th day of July 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Special Meeting 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 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; Veronica Ramirez, Human Resources Director; Jeff Underwood, Planning & Code Enforcement Director; David Arce, Parks & Recreation Director; David Salinas, Public Utilities Director; Police Chief Michael Kelly; Fire Chief Santiago Cuellar; Mardoqueo Hinojosa, City Engineer; 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, July 26, 2013.

B. Pledge of Allegiance. Mayor Wise recited the Pledge of Allegiance; Mayor Pro-Tem recited the Texas flag.

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

II.

CONSENT AGENDA The following items are of a routine or administrative nature. The City Commission has been furnished with background and support material on each item, and/or it had been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by one commission member, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Possible action.

A. Approval of the Minutes of the following: 1) Special Meeting of July 10, 2013; 2) Regular Meeting of July 16, 2013.

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

B. Approval of the renewal of the Federal Work Study agreements with The University of Texas Pan American, including the America Reads Challenge, America Counts Challenge, and Community Service programs, to allow the City of Weslaco to obtain student volunteer assistance at no cost to the City and authorize the Mayor to execute any related documents. (Requested by Library.) Attachment.

C. Approval of the renewal of the annual Host Agency Agreement with AARP Senior Community Service Employment Program allowing the City of Weslaco to accept participants through a short-term work-training program and authorize the Mayor to execute any documents. (Requested by Human Resources Department.) Attachment.

E. Approval of the modification of interlocal agreement executed June 27, 2013 with Hidalgo County Precinct 1 and Texas Department of Transportation (TxDOT) for the reconstruction of Mile 6 West (Westgate Drive) from Mile 9 North to Mile 11 North in an amount not to exceed 10% of the total project cost (TxDOT 80% and Hidalgo County 10%) and city-owned utility exceptions and authorize the Mayor to execute any related documents. (Commission approved the agreement June 27, 2013; Requested by Planning and Code Enforcement Department.) Attachment. Commissioner Noriega requested item II. E. be withheld from the consent agenda for discussion. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve items A, B, C, and E of the consent agenda. The motion carried unanimously; Mayor Wise was present, but not voting.

II. CONSENT AGENDA

D. Approval of the renewal of the E9-1-1 Public Safety Answering Point Services Interlocal Agreement with the Lower Rio Grande Valley Development Council to continue providing the City of Weslaco the necessary service and equipment to answer emergency calls and authorize the Mayor to execute any related documents. (Requested by Police Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. Commissioner Noriega stated she had requested item II. E. be withheld for discussion not item II. D. Reconsideration of item II. E. failed from lack of a motion; Mayor Wise apologized for the mistake.

III. NEW BUSINESS

A. Discussion and consideration to approve Ordinance 2013-08, repealing Part II Chapter 26 of Article XI of the City’s Code of Ordinances and providing a new landscape ordinance. First Reading of Ordinance 2013-08. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment.

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The City Manager stated this ordinance applies to new commercial and residential development throughout the City and requires more vegetation. The ordinance outlines recommended trees that would not affect power lines. The City had previously adopted an ordinance as recommended by AEP which will be incorporated into the second reading of this ordinance. In response to Mayor Wise, Mr. Jeff Underwood stated the ordinance would apply to remodels based on the extent; the proposed ordinance does not specify a percentage of green area, instead it is based on dimensions, the number of trees and shrubbery. The Mayor requested the incorporation of a percentage on second reading. 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.

B. Discussion and re-consideration on behalf of Ramona Flores & Elmer Ramos to approve 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, and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated the proposed subdivision had an issue with fire hydrants, but the developer agreed to escrow the funds. Mayor Pro Tem Cuellar, seconded by Commissioner Martinez, moved to approve the item as presented. In response to Commissioner Noriega, the City Manager stated that the subdivision was complete, just lacking the hydrants. Mr. Underwood reiterated that the funds already have been escrowed and once a line is in place that can handle a hydrant it would then be installed. The motion carried unanimously; Mayor Wise was present, but not voting.

C. Discussion and consideration on behalf of Sunil Wadhwani to approve the Final Plat of Sarina Group Subdivision, being 2.498 acres of land out of Farm Tract 132, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas, and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that the proposed final plat is for a one lot subdivision; Planning & Zoning Commission and staff recommend approval. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

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D. Discussion and consideration on behalf of Project Engineer, Kimley-Horn and Associates, Inc. to approve the Final Plat of Southgate Center Subdivision, being 12.48 acres more or less out of Farm Tract 675 and Farm Tract 679, West Tract Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that the proposed final plat is located on 18th Street and Texas Boulevard; Planning & Zoning Commission and staff recommend approval Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

E. Discussion and consideration to approve the Interlocal Cooperation Agreement with Hidalgo County establishing a rate schedule for mutual projects and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Facilities Department.) Attachment. The City Manager stated the proposed item is for a partnership with Hidalgo County Precinct 1 to regulate equipment and labor for reimbursement on collaborative projects. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. Commissioner Noriega questioned the timing of this agreement when the City already has all equipment. Commissioner Martinez expressed his support of the agreement citing when Precinct 1 supplied the pumps to assist with Las Brisas flooding. Commissioner Martinez, seconded by Commissioner Rivera, called to question the motion. Commissioner Noriega opposed the motion to approve the item as presented. The motion carried (5-1); Mayor Wise was present, but not voting.

F. Discussion and consideration to authorize the solicitation of proposals to purchase water rights in an amount not to exceed 2,000 acre-feet, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated this grants permission to the Utility Department to solicit water rights for the City through the market; the purchase of those rights will be by separate action later. Mayor Pro Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented.

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Mayor Wise stated the subdivision ordinance should require the developer to turn over the water rights to the City. Mr. Underwood stated it would be included in the draft ordinance to be presented to the Commission next month. The City Manager stated meanwhile the funds to purchase these water rights potentially could come from the Certificate of Obligation. The motion carried unanimously; Mayor Wise was present, but not voting.

G. Discussion and consideration to authorize a letter of commitment to Texas A&M Kingsville (TAMUK) and the Lower Rio Grande Valley Texas Pollutant Discharge Elimination System Storm Water Task Force p a r t i c i p a t i n g i n t h e Texas Commission on Environmental Quality Non-point Source Program FY 2014 Clean Water Act Section §319(h) Grant program through an in-kind contribution and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated this allows staff to submit a grant for work on medians throughout the City to eliminate storm water discharges with a 40% in-kind contribution by the City. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

H. Discussion and consideration to approve budget amendments for various departments. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated that the proposed amendment is for this Fiscal Year to provide for funding in the pension, workers compensation, and travel and training budgets in an amount of $245,000.00. Mr. Bret Mann stated this would maintain a balanced budget. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Noriega asked why these funds were not set aside at the beginning of the fiscal year. Mr. Mann stated that when the budget was approved the pension contribution was at a lower rate of 1:1 match and in December the Commission raised the rate to 1.5:1 match. Also the workers compensation rates were higher than anticipated. Commissioner Fox stated typically the renewal rates come in after the budget is finalized so it is difficult to project the numbers. Commissioner Noriega asked why the Commissioners’ travel fund has doubled and the litigation budget is overdrawn; Mr. Mann explained the funds were budgeted low when compared to past expenditures. The Finance Department also added positive pay to bank services as prudent practice to protect City funds. The motion carried unanimously; Mayor Wise was present, but not voting.

I. Discussion and consideration to approve an Election Order toward the General

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Election on November 5, 2013 pursuant to Texas Election Code §3.005 and authorize the Mayor and Commissioners to execute any related documents. Possible action. (Requested by Office of the City Secretary.) Attachment. The City Manager stated this item calls a general election for Mayor, Single Member District Commissioner 5 and Commissioner 6. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. Citing parking concerns at the South Texas College Mid Valley Campus, Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, amended the motion to host early voting only at the City Hall complex to include the Business, Visitors’ and Events Center and give City Manager the discretion to finalize the location. The motion carried unanimously; Mayor Wise was present, but not voting.

J. Discussion and consideration to approve the Sister Cities International partnership agreement for the City of Weslaco, Texas, United States of America and San Miguel de Allende, Guanajuato, Mexico and authorize the Mayor to execute any related documents. Possible action. (Requested by Office of the City Manager.) Attachment. The City Manager stated this agreement creates a Sister City partnership with San Miguel de Allende; Mayor Wise stated this partnership would allow for cultural exchanges, potential events, medical and environmental partnerships. San Miguel de Allende has been named a world heritage site. City Manager stated that part of the requirement is that $500.00 be paid to the international sister city membership and ceremony. Those that will be in attendance would be Mayor Wise and himself representing the City, Commissioner Tafolla representing the Economic Development Corporation, representatives of Knapp Medical Center, Weslaco Independent School District, and South Texas College; the Chamber and the Museum also are invited to attend. Mayor Wise stated the airfare is $260.00 and the hotel $60.00 a night. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

IV. REPORTS

A.

Report on Departmental Update, Financial Status, Upcoming Meetings, Appointments, and Feedback. Attachment. The City Manager reported that the fire south of the City caused by corn husks has been extinguished. Parks & Recreation is working towards the installation of the play structure at Pecan Grove Park and the rubber mulch is being delivered to Gibson Park. The Planning & Code Enforcement department is working on updating the Extraterritorial Jurisdiction maps. The Finance department has finalized the budget calendar and will have a hearing August 25 and workshops

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August 25 and 27; adoption is set September 30.

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

C. Report on Litigation Status. The City Manager referenced the report as provided.

D. Report on Operations Management International, Inc. (OMI) transition toward self-performance by the Public Utilities Department of water and wastewater treatment and lift stations. The City Manager stated that in May the Commission voted not to renew the contract with Operations Management International. The City now is preparing to self-perform, bringing the operations in-house and with potential savings of $300,000.00. Mr. David Salinas announced that employment packets were distributed in June to OMI employees and are due July 31. Mr. Salinas has met with OMI’s senior management staff to work on the transition per the contract on delivery of chemical stockpiles, inventory, units, and lab services. The City will assume operations of the plants on September 30 at 12:00 a.m. The Human Resources department addressed all 19 employees on July 1 and proposed to hire all the employees. Any open positions not filled by the 19 employees will be advertised ready for the transition on September 30. Commissioner Noriega stated she would like a televised presentation by OMI to explain any potentially overlooked expenses. Mr. Salinas stated that after evaluating OMI operations and researching other cities, he believes the projected numbers are accurate.

E. Report by Advocacy Alliance Center of Texas (AACT). Attachment. Mr. Albert Morales, representing AACT, reported they are a non-partisan, non-profit organization who work year round to encourage voter turn out; Mr. Morales stated they would like for the Commission to invite them to City events to help promote the importance of voting. Mayor Pro-Tem invited the organization to set up a booth at Al Fresco and would like to make sure the voters are made aware of the new requirement for ID’s to be presented at the time of voting. Commissioner Tafolla asked when was the latest that a voter could apply to receive an electoral identification certificate (EIC). Mr. Morales stated the forms already are available at the elections and DPS offices. The organization only requires a week notice in order to set up a presentation and are available to speak at any local business.

V. PUBLIC COMMENTS There were no public comments received.

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VI. EXECUTIVE SESSION

At 6:37 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:25 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

VII. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Contract Negotiations – Discussion with the City Manager and City Attorney relating to the City’s rights, duties, privileges, and obligations in connection to the Collective Bargaining Agreement with the IAFF-WFFA Local 3207 as authorized by §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to reject the Collective Bargaining Agreement proposed by the IAFF-WFFA Local 320 and continue negotiations. The motion carried unanimously; Mayor Wise was present, but not voting.

B. Contract Negotiations – Discussion with the City Manager and City Attorney relating to the Interlocal Governmental Agreement with the Hidalgo County Emergency Services District No. 1 as authorized by §551.071 of the Texas Government Code. There was no action on this item.

C. Pending Litigation - Discussion with assigned defense counsel Anthony B. James regarding a settlement offer in C-2201-11-I Pascual Hernandez and Maria Luisa Hernandez v. City of Weslaco as authorized by §551.071 of the Texas Government Code. There was no action on this item.

D. Pending Litigation – Consult with Special Assigned Counsel Arnold Aguilar regarding Cause No. C-1048-13-D, DKIII Hornback Enterprises, Ltd., Plaintiff, 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. Commissioner Rivera, seconded by Commissioner Martinez, moved to retain the Law Offices of Arnold Aguilar to file an answer and make a general appearance regarding Cause No. C-1048-13-D, DKIII Hornback Enterprises, Ltd., Plaintiff, v. John Cuellar, Guadalupe Rivera, Jerry Tafolla, Leo Olivarez, and Jose Martinez, Defendants in the 206th Judicial District Court of Hidalgo County, Texas. The motion carried unanimously; Mayor Wise was present, but not voting.

E. Pending Litigation – Discussion with City Attorney regarding Civil Action No. 7:12-CV-00256, Jesus George Stillman, Plaintiff v. City of Weslaco, Texas, Albert Ponce and Weslaco Police Chief Michael Kelley, Defendant pursuant to §551.071 of the Texas Government Code.

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There was no action on this item.

F. Pending Litigation – Discussion with City Attorney regarding Civil Action No. 7:12-CV-00419, Griselda Jimenez, Plaintiff v. City of Weslaco, Texas, Defendant pursuant to §551.071 of the Texas Government Code. There was no action on this item.

G. Pending Litigation – Discussion with special counsel Shelton Valadez regarding No. 03-12-00535-CV In the Court of Appeals, Third Court of Appeals District Tommy Adkisson, Individually and Officially on Behalf of Bexar County, Texas as County Commissioner Pct. 4, Appellants/Plaintiffs v. Greg Abbott, Attorney General of Texas and Hearst Newspaper, LLC, Appellees/Defendants as authorized by §551.071 of the Texas Government Code. There was no action on this item.

VIII. ADJOURNMENT With no other business before the Commission, at 8:28 p.m. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to adjourn the July 30, 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

COMMISSIONER, David R. Fox

_______ COMMISSIONER, Olga M. Noriega COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera COMMISSIONER, Joe A. Martinez

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Date of Meeting August 6, 2013

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

From: David Arce, Parks Director Subject: Lease agreement of City Property to South Texas College (STC), City Park Tennis Courts area. Discussion: STC has requested the use of the City Park Tennis Courts for the Spring Semester 2013 classes. Beginning: Tuesday Jan. 1, 2014, Ends: August 31, 2014. 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, Letter of request , event flier, Policy for waiving facility usage fee Exhibit “ A” , Letter of Request, lease agreement Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

Agenda Request Form

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STATE OF TEXAS * LEASE AGREEMENT FOR * COUNTY OF HIDALGO * WESLACO CITY PARK * CITY OF WESLACO * TENNIS COURTS

The City of Weslaco, a home-ruled municipal corporation; 255 S. Kansas Ave, Weslaco, Texas 78596 hereinafter called “Lessor” and South Texas College, an accredited college by the Commission on Colleges of the Southern Association of Colleges and Schools, 3201 West Pecan, P.O. Box 9701, McAllen, Hidalgo County, Texas 78502-9701 hereinafter called “Lessee”; enter into this Lease Agreement for the Lease of Weslaco City Park Tennis courts pursuant to the following terms and conditions:

ARTICLE I DESCRIPTION AND LOCATION

OF PROPERTY

Lessor, in consideration of the below described terms and conditions will lease to Lessee the following described property:

Weslaco City Park Tennis Courts (as described in Exhibit “A”)

ARTICLE II TERMS

The terms of this Lease shall be, to have and to hold the same from January 1, 2014 to August 31, 2014.

LESSEE agrees to pay a $400.00 fee per class per semester and ($0) deposit.

LESSOR makes no representation about the property’s safety or suitability for its intended use.

LESSEE agrees and understands that the real property, the subject of this lease agreement, will be used exclusively for conducting tennis.

LESSEE will be entitled to possession of the leased property immediately upon execution of this lease agreement.

LESSEE shall endeavor and assist the City in providing a safe and clean complex for participants and spectators.

There shall be no parking of automobiles or other vehicle in any area other than areas designated for such purposes by LESSOR.

LESSEE is responsible for providing supervision at all scheduled classes.

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LESSEE will file the Parks & recreation Department the proper class schedules concerning each semester classes to be held as such facility and must provide any appropriate contact phone numbers for the purpose of addressing or directing public inquiries to the proper authorities regarding this program.

That LESSOR had the right to cancel this lease agreement within 30 days notice to SOUTH TEXAS COLLEGE.

ARTICLE III IMPROVEMENT TO PROPERTY

LESSEE will not make any minor alteration erect any signs nor construct any permanent buildings or improvements on the real property the subject of this lease agreement.

ARTICLE IV INSURANCE

LESSEE agrees that it shall at all times, indemnify and hold LESSOR harmless of an liability for any accidents, injury, or other legal cause of action based upon the claim which occurs on the leased premises, caused by LESSEE, its agents or employees, or any activity sponsored or conducted by LESSEE. In order to demonstrate this responsibility, LESSEE will furnish LESSOR with evidence of valid comprehensive general liability insurance coverage in the amount 1,000,000 (One Million Dollars) for each occurrence for personal injury and property damaged related to or resulting from individuals who may incur accidents on the property descried in this agreement. LESSEE further agrees that LESSOR shall not become obligated to pay any damages to any third party because of any accident or other loss caused by the LESSEE, any of its agents, employees, or activities. LESSEE will reimburse LESSOR for the amount of LESSOR actual payment in damages and expenses, including legal and attorney fees related to incident thereto. LESSEE agrees to provide a copy of such insurance policy to LESSOR at time of signing.

ARTICLE V MAINTENANCE OF PREMISES

LESSOR will maintain the tennis courts. LESSOR will determine maintenance scheduling upon advanced receipt of written class schedules.

LESSEE shall report any repairs or potential hazards to the Parks and Recreation Department immediately.

LESSEE accepts full responsibility for protecting LESSOR’S property and equipment and assumes any and all liability for repairs and replacement for any damages done to buildings, equipment or any other LESSOR property used by LESSEE.

ARTICLE VI

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SUBLEASING

LESSEE agrees and understands that it shall not sublet of assign the WESLACO CITY PARK, TENNIS or this lease agreement, or any part thereof, to a third party without the prior written consent of the LESSOR.

ARTICLE VII MISCELLANEOUS PROVISIONS

This agreement shall be binding upon and inure to the benefit of their parties and their respective successors.

LESSOR shall have the right, at all reasonable times to make any and all repairs and/or inspections to the WESLACO CITY PARK, TENNIS.

This agreement shall be constructed under any in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Hidalgo County, Texas.

In WITNESS HEREOF, the undersigned hereby execute this lease as of the day and year first above written.

CITY OF WESLACO

________________________ Miguel D. Wise, MAYOR

ATTEST:

_______________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

__________________________________ Ramon Vela, CITY ATTORNEY

SOUTH TEXAS COLLEGE, LESSEE

BY: _____________________________ Dr. Shirley Reed, PRESIDENT

ATTEST:

_______________________________

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Agenda Item No.: III. C.

From: David Arce Parks Director Subject: Weslaco Youth Football League Lease Agreement Discussion: Discussion and consideration to approve the Lease Agreement with the Weslaco Youth Football League for the use of Isaac Rodriguez multi-purpose fields and Harlon Block Sports Complex practice area, for a term of 5 months August 1, 2013-December 31, 2013. 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”): Weslaco Youth Football League Contract Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

Standardized Agenda Request Form

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STATE OF TEXAS *

COUNTY OF HIDALGO * LEASE AGREEMENT OF CITY PROPERTY

CITY OF WESLACO *

On this ____ day of ____, 2013 THE CITY OF WESLACO, a municipal Corporation located in Hidalgo

County, Texas hereafter called “CITY” and the WESLACO YOUTH FOOTBALL LEAGUE here after called

“LEAGUE” enter into this lease agreement for the lease of city property under the following terms.

1. The CITY leases to the “LEAGUE” certain real property physically located in the Isaac Rodriguez

Park Multi-Purpose field, Minor Practice Field, Parking Lot and Concession Stand as described in

Exhibit “A” and also practice fields at Harlon Block Sports Complex as described in Exhibit “B”.

2. The Term of this lease shall be for five (5) months beginning August 3, 2013 and ending December 31,

2013.

In consideration of the lease of the City property described in Exhibits “A”, “B”, the LEAGUE agrees as

follows.

1. That the LEAGUE will not construct any permanent buildings or improvements on the real property

the subjects of this lease agreement.

2. That “League” will not sublet the leased property or sign this lease to any other party without written

consent of the CITY OF WESLACO.

3. The “League” agrees and understands that the real property, the subject of this lease agreement, will be

used exclusively for football games.

4. The “League” will hold the CITY OF WESLACO harmless for any injuries that are sustained by any

person either playing or watching the playing of football on real property.

5. That the “League” will carry liability insurance and said insurance shall name the CITY OF

WESLACO as an additional insured.

6. That the “League” will be entitled to possession of the leased property immediately upon execution of

this agreement.

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7. The “League” will provide a schedule of practice and league games to the City at least one (1) week

prior to start of such games.

8. The “League” is responsible for expenses for any out of town games, play-offs, or tournaments.

9. The “League” shall endeavor and assist the city in proving a safe and clean complex for participant and

spectator.

10. There shall be no parking of automobiles or other vehicles in any area other than areas designated for

such purpose by City.

11. The “League” shall be responsible for the accounting of registration fees for each participant.

12. The “League” is responsible for scheduling all games and providing adult supervision at all scheduled

football games and practices.

13. The “CITY” shall have the right to decide when the football fields are un-playable due to currant or

anticipated weather conditions.

14. The “League” will file with the Parks and Recreation Department By – Laws, Organization structure,

officers, and appropriate contact phone numbers for the purpose of addressing or directing public

inquires to the proper authorities regarding this program.

15. The “League” shall report any repairs or potential hazards to the Parks and Recreation Department

immediately.

16. “City” will maintain the football fields, including mowing and marking. Maintenance scheduling will

be determined by city upon advanced receipt of written practice and league games schedules.

17. CITY is not responsible for registration of individual participants.

18. CITY undertakes no responsibility to obtain sponsors for the “League” activities.

19. City employees will NOT be allowed to participate in association activities as officers, Board

Members, Bookkeepers, or any other official capacity.

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20. The “League” will provide the City an accounting of all monies collected in registration fees and all

concession stand revenues and all expenses incurred. The accounting will be due on December 31,

2013.

21. That the person signing on behalf of the League is authorized to execute this Lease agreement with the

CITY OF WESLACO.

22. The person signing on behalf of the LEAGUE will receive one (1) City of Weslaco issued key for the

concession stands and the lights and this key will not be duplicated by the LEAGUE.

23. That the CITY OF WESLACO has the right to cancel this agreement within the 30 days notice to the

WESLACO YOUTH FOOTBALL LEAGUE.

In WITNESS WHEREOF, the undersigned hereby execute this lease agreement as of the day and year first

above written.

CITY OF WESLACO

____________________________________

Miguel D. Wise, Mayor

ATTEST:

_______________________________

Elizabeth Walker, City Secretary

WESLACO YOUTH FOOTBALL LEAGUE

BY: _______________________________

Albert Ortiz

APPROVED AS TO FORM:

_______________________________

Ramon Vela, CITY ATTORNEY

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Date of Meeting: July 18, 2013

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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Arturo’s Bar & Grill, LLC, owner, Gilberto Garza. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Mixed Beverage Late Hours Permit at 2303 W. Expressway 83, also being Lot 7, Town Center Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit obtain an On-Premise Mixed Beverage Late Hours Permit. 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 July 1, 2013. Six (6) property owners within 200 ft. of the applicant’s property were notified by letter on July 5, 2013. Staff has not received comments against the request and no one appeared at the July 17, 2013, Planning and Zoning Meeting in opposition to the request. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 07/17/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. 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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Date of Meeting: Aug. 6, 2013

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

From : Arnoldo Becho, Library Director, Mayor Sanchez Public Library Subject: Request to reject all proposals submitted within the Request for Proposals (RFP) for Wall Remodeling and Repainting services at the Mayor Joe V. Sanchez Public Library. Discussion: The Mayor Joe V. Sanchez Public Library released an RFP for Wall Remodeling and Repainting Services shortly after Commission approval of RFP release on April 2nd. The submissions provided during this process were not sufficient and since this time lower cost options have been discovered. Fiscal Note: No fiscal note is needed for rejection of these proposals. Amount: Term of Impact: FY 2012-2013 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: None Advisory Review, if any (name of board/committee, date of action, recommendation): None Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): The proposals are attached Responsibilities upon Approval: None

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

From : Arnoldo Becho, Library Director, Mayor Sanchez Public Library Subject: Request to accept the proposal of job order contractor Adept Facilities Design (AFD) and approve expenditure not to exceed $33,500 for Wall Remodeling and Repainting Services as per the stipulations outlined within AFD’s proposal and within the Texas Multiple Award Schedule (TXMAS) contract number TXMAS-13-56050, and to approve a budget amendment as required. Discussion: The Mayor Joe V. Sanchez Public Library released an RFP for Wall Remodeling and Repainting Services shortly after Commission approval of RFP release on April 2, 2013. The submissions provided during this process were not sufficient and since this time AFD has come forward with a lower cost option. Approval will allow the library to remove the aging carpet from its walls and have them repaired and repainted. Library Services will be moved to the Porter Doss Building from Aug. 12th to September 20th in order to accommodate the remodel. The main library building will not be accessible during the renovation. Fiscal Note: The financing for this project will be funded by Capital Expenses approved within the December 18th Commissioners Meeting and through funds budgeted within the FY 2012-2013 Library Budget. Amount: $33,500 Term of Impact: FY 2012-2013 Identified in Current Budget:

Y/N 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: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: None Advisory Review, if any (name of board/committee, date of action, recommendation): None Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): The AFD proposal and the TXMAS contract with AFD are attached. Responsibilities upon Approval: Library Services will be moved to the Porter Doss Building from Aug. 12th to September 20th in order to accommodate the remodel. Services will continue at this location but some services will be slowed and some books will not be accessible. The Theatre and Meeting Room will be available.

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CoW-0053, Library Int Painting Page 1 of 2 7/9/13

Job Order Contracting Design Build Program Management

Proposal

City of Weslaco Rev 1-Weslaco Library Int. Painting

AFD Job # CoH-0053

AFD Representative: David San Miguel

Project Location: Mayor Joe V. Sanchez Library

David San Miguel V.P. of Operations Adept Facilities & Design [email protected] Direct: 972.330.7643 Texas Multiple Award Schedule (TXMAS) Job Order Contractor # 13-56050

City of Weslaco 525 S. Kansas Ave. Weslaco, TX. 78596

July 24, 2013 Mr. Arnoldo Becho Jr. Library Director Weslaco, TX. Subject: Mayor Joe V. Sanchez Public Library

Dear Mr. Becho, Adept Facilities & Design (AFD) respectfully submits our proposal to accomplish the subject work as specified in the scope of work. Specifically the proposal includes all labor, material and equipment to perform the work described in this proposal and in the attached scope of work. All work shall be performed in accordance with regulations as directed by OSHA. Work shall be performed in a manner that is acceptable by industry standards and as mandated by the agreements of Adept Facilities & Design 1.0 START DATE: August 19, 2013 2.0 END DATE: September 27, 2013 3.0 SCHEDULE: Procurement and construction to begin upon a Notice to Proceed is issued . 4.0 PROPOSAL SUMMARY:

Base proposal amount: $ 32,968.23 + 00.00 Total Proposal: $ 32,968.23

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CoW-0053, Library Int Painting Page 2 of 2 7/9/13

Job Order Contracting Design Build Program Management

5.0 SCOPE OF WORK: Library Wall Remodel Interior:

5.1 Project Management, Project submittals, & Project coordination of trades with city. 5.2 Hold Preconstruction - Subcontractor Safety meetings before & during construction. 5.3 Provide labor, equipment and material for wall remodel. 5.4 Demo: Remove wall carpet in areas designated in our initial walk and discard of in dumpster supplied by

City. 5.5 Prep walls for paint, repair minor damages, sand & texture. 5.6 Move shelves & reinstall when needed. Library staff will move books. 5.7 Paint walls utilizing Sherwin-Williams. 5.8 Protect all surroundings.

6.0 CLARIFICATION:

6.1 A $100 a day liquidated damages fee will be in contract after end date of September 27th 2013. 6.2 The scope of work for this project is to be accomplished during normal & non-normal working hours. 6.3 The work shall start immediately after written NTP from City of Weslaco, agreed upon schedule and

issuance of P.O/NTP. 6.4 Contractor shall have full access to work areas to complete this project. 6.5 Term of payment based on percent complete. AIA invoice documents will be submitted.

7.0 EXCLUSIONS:

7.1 Doors, door frames, electrical devices, hand rails, carpet on stair areas. 7.2 Dumpster 7.3 Any unforeseen conditions under contract perimeters 7.4 Any quantities not specifically identified in the above scope of work. 7.5 We exclude any State of Texas fees and/or taxes. 7.6 Abatement of any kind. 7.7 Upgrade of existing equipment, HVAC, electrical, plumbing and/or systems to meet code.

If you have any questions, please do not hesitate to call me at (972) 330-7643. Sincerely, David San Miguel V.P.of Operations Adept Facilities & Design Attachments: RS Means Estimate

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1

THE STATE OF TEXAS CITY OF WESLACO COUNTY OF HIDALGO

§ § § § §

JOB ORDER CONTRACT – THE CITY OF WESLACO AND ADEPT FACILITIES AND DESIGNS

This Job Order Contract between the City of Weslaco, a home rule municipal corporation, 255 South Kansas Avenue, Weslaco Hidalgo County, Texas 78596, hereinafter called “City” and Adept Facilities and Designs, 604 Tara Drive, Pharr, Texas 78577, hereinafter called “Contractor” is for the Mayor Joe V. Sanchez Public Library Wall Remodeling Project.

WHEREAS, The City of Weslaco needs to make certain wall remodeling improvements to the Mayor Joe V. Sanchez Public Library, located at 525 S. Kansas Avenue; and

WHEREAS, Adept Facilities and Designs, is a Texas Multiple Award Schedule (TXMAS) Job Order Contract #13-56050 that has submitted a Job Order proposal to accomplish the Wall Remodeling Project; and

WHEREAS, Section 2267.403 of The Texas Government Code allows a governmental entity to award

job order contract for the maintenance, repair, alteration, renovation, remediation, or minor construction of a facility.

NOW, THEREFORE, in consideration of the mutual promises herein, the City and Contractor agree as follows:

1. The City and Contractor incorporate the proposal submitted by Contractor titled City of Weslaco

Rev-1-Weslaco Library Int. Painting AFD Job #CoH-0053 attached into this contract and agree to be bound by the terms and conditions of the Proposal.

2. The City and Contractor that the upstairs male and female restrooms, the downstairs male and female restrooms and the computer server room are excluded from the Wall Remodeling Project.

Executed this ___day of August, 2013. CITY OF WESLACO

By: __________________________________

Miguel D. Wise, MAYOR

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2

ATTEST: ______________________________________ Elizabeth M. Walker, CITY SECRETARY

FORM:

______________________________________ Ramon Vela, CITY ATTORNEY ADEPT FACILITIES and DESIGNS _______________________________________ David San Miguel Vice President of Operations

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678/27/3929396

Staff Report Supporting Ordinance Approving Settlement Agreement Between Texas Gas Service Company and The City of McAllen—Texas Gas

Service Company’s 2013 Annual Cost of Service (“COSA”) Filing

On May 1, 2013, Texas Gas Service Company (“TGS” or “Company”) filed with the City its application for a Cost of Service Adjustment (“COSA”) increase. The Company requested an increase of $1,667,656 in rates in its Rio Grande Valley service area. The City hired counsel and a rate consultant to review the Company’s request.

The COSA process was developed as a collaborative process between TGS Rio Grande Valley Cities and the Company during the Company’s 2009 full rate case. The COSA process replaces the Gas Reliability Infrastructure Program (“GRIP”)—a statutorily created program that precludes a reasonableness review by the City and further precludes recovery of rate case expenses if the City conducts a review of a GRIP filing. The COSA process entitles the City to reimbursement of costs associated with the Company’s COSA filings. The COSA process was also designed to be a more comprehensive rate review and annual adjustment that substitutes for the piecemeal GRIP filings authorized by the Legislature. GRIP allows for rate increases associated with capital spending regardless of increases in revenue and declines in operation and maintenance expenses.

The City’s independent rate consultant reviewed the Company’s latest filing and recommended several adjustments to the Company’s requested increase. However, despite these adjustments, the consultant found that a rate increase is justified for the Company based on its current levels of expense and revenues.

Counsel for the City and the City’s rate consultant met with representatives from the Company. On July 16, 2013, the City and the Company were able to come to an agreed resolution of all issues presented in the Company’s filing. This Settlement Agreement results in the award of an additional $1,597,656 in rates to the Company. Counsel for the City and the City’s rate consultant both recommended that the City approve the Ordinance and tariffs because they achieve a better result for the City than could be achieved through litigation of the Company’s filing.

PURPOSE

The purpose of the Ordinance is to adopt an Ordinance and to set rates within the City pursuant to settlement with TGS.

EXPLANATION OF “BE IT ORDAINED” PARAGRAPHS

Sections 1-2. The City is finding the existing rates for natural gas service provided by TGS to be unreasonable and that the new rates, set pursuant to the Settlement Agreement, are reasonable. These sections adopt the new rates.

Section 3. This section clarifies that the Company is responsible for reimbursing all of the City’s reasonable rate case expenses for participation in this proceeding and that the City is not responsible for any out-of-pocket expenses.

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Section 4. This section repeals any previous ordinances or resolutions that conflict with the terms of this Ordinance.

Section 5. This section merely recites that the Ordinance was passed at a meeting that was open to the public and that consideration of the Ordinance was properly noticed.

Section 6. This section provides that if any portion of the Ordinance is invalidated by a court, the remainder of the Ordinance will continue to be valid.

Section 7. This section provides that the new rates will take effect with the first billing cycle of August 1, 2013, pursuant to the COSA tariff.

Section 8. This section provides that the City shall send a copy of the enacted Ordinance to both the Company and to counsel for the City.

RECOMMENDATION

The City recommends adoption of the Ordinance and tariffs establishing new rates.

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678/27/3927043 1

ORDINANCE NO. 2013-09

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS, (“CITY”) APPROVING A NEGOTIATED RESOLUTION BETWEEN CITY AND TEXAS GAS SERVICE (“TGS” OR “THE COMPANY”) REGARDING THE COMPANY’S MAY 1, 2013 COST OF SERVICE ADJUSTMENT (“COSA”) FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; PROVIDING FOR THE RECOVERY OF THE CITY’S REASONABLE AND NECESSARY RATE CASE EXPENSES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; REPEALING ANY PRIOR ORDINANCES INCONSISTENT WITH THIS ORDINANCE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE CITY’S LEGAL COUNSEL.

WHEREAS, the City of Weslaco, Texas (“City”) is a gas utility customer of Texas Gas

Service (“TGS” or “the Company”), and a regulatory authority with an interest in the rates and

charges of TGS; and

WHEREAS, pursuant to the terms of the agreement settling the Company’s 2009

Statement of Intent (“SOI”) to increase rates, to which City was a signatory, the City and other

municipalities within the Rio Grande Valley Service Area and TGS worked collaboratively to

develop the COSA tariff which allows for an expedited comprehensive rate review process

controlled in a three-year experiment; and

WHEREAS, the City took action in 2009 to approve a Settlement Agreement with TGS

resolving the Company’s 2009 rate case and initially authorizing the COSA tariff for three years;

and

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678/27/3927043 2

WHEREAS, in 2012, the initial COSA-tariff term expired; and

WHEREAS, TGS filed a SOI in 2012 that incorporated a revised COSA tariff; and

WHEREAS, the City and TGS settled the SOI in 2012 and agreed to renew the COSA

tariff process for an additional three years; and

WHEREAS, the COSA tariff contemplates reimbursement of the City’s reasonable

expenses associated with COSA applications; and

WHEREAS, on or about May 1, 2013, TGS filed with the City a COSA tariff seeking to

increase natural gas rates to all customers residing in the City; and

WHEREAS, the City coordinated a review of the Company’s COSA filing and

designated attorneys and consultants to resolve issues in the Company’s COSA filing; and

WHEREAS, the Company’s COSA application supported increased revenues of

$1,597,656 under the terms of the COSA; and

WHEREAS, the City’s attorneys and consultant recommend that the City approve the

negotiated resolution, which is attached; and

WHEREAS, the tariffs implementing new rates attached to this Ordinance are consistent

with the negotiated resolution reached by the City and are just, reasonable, and in the public

interest; and

WHEREAS, the negotiated resolution of the Company’s COSA filing and the resulting

rates are, as a whole, in the public interest; and

WHEREAS, the effective date of new COSA rates is to be the first billing cycle of

August 1, 2013 pursuant to the COSA tariff previously adopted by the City.

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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE

CITY OF WESLACO, TEXAS:

Section 1. That the City Commission finds that the existing rates for natural gas service

provided by TGS are unreasonable and the new tariffs attached to this Ordinance are just and

reasonable and are hereby adopted.

Section 2. That the Settlement Agreement between the City and TGS dated July 24, 2013

is approved.

Section 3. That TGS shall reimburse the reasonable ratemaking expenses of the City in

processing the Company’s rate application.

Section 4. That to the extent any resolution or ordinance previously adopted by the

Council is inconsistent with this Ordinance, it is hereby repealed.

Section 5. That the meeting at which this Ordinance was approved was in all things

conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,

Chapter 551.

Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be

unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining

provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted

as if the offending section or clause never existed.

Section 7. That tariffs attached to this Ordinance are effective as of August 1, 2013.

Section 8. That a copy of this Ordinance shall be sent to TGS, care of Dean LaFever,

Director, at 5602 East Grimes Road, Harlingen, Texas 78550-1783, and to Geoffrey Gay, Special

Counsel to the City, at Lloyd Gosselink Rochelle & Townsend, P.C., 801 Congress Avenue,

Suite 1900, Austin, Texas 78701.

Weslaco City Commission Regular Meeting

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PASSED, APPROVED and ADOPTED on First Reading on this the day of , 2013. PASSED, APPROVED and ADOPTED on Second and Final Reading on this the ____ day of ______, 2013. CITY OF WESLACO ______________________________ MIGUEL D. WISE, MAYOR ATTEST: ________________________________ ELIZABETH WALKER, CITY SECRETARY APPROVED AS TO FORM: _______________________________ RAMON VELA, CITY ATTORNEY

Weslaco City Commission Regular Meeting

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Date of Meeting: August 6, 2013

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

From (name, title, department and who submitting on behalf of, if any): Veronica Ramirez, HR Director Subject: Group Health Insurance Discussion: Discussion and Consideration to extend the coverage for Group Health Insurance or to authorize staff to solicit for proposals. 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: Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval:

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

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Date of Meeting: August 20, 2013

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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director Subject: Transfer Funds Discussion: Discussion and consideration to authorize the transfer of $49,434.00 from the Retained Earnings account to fund 51-549 , to transfer $35,610.00 from the Retained Earnings account to fund 58-552, to transfer $13,120.00 from the Retained Earnings account to fund 58-551 to cover the Exempt and Non-Exempt wages for the departments new positions created for the Water Treatment plant and the Waste Water Treatment Plant for the remaining of FY 2012-2013 and authorize a budget amendment as appropriate. Fiscal Note: Amount: $ 98,164.00

Term of Impact: [ 1 ] year(s) Identified in Current Budget: N

Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Internal memo indicating positions being created, three (3) Budget Amendments Responsibilities upon Approval: Upon approval, city secretary’s office will convey executed documents and forward a copy to the Public Utilities department.

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

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Weslaco City Commission Regular Meeting

Page 71 August 6, 2013