13 10 01 agenda supplements

Date of Meeting: October 1, 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 Bob Speer from Grace Episcopal 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 October 1, 2013

City of Weslaco “The City on the Grow”

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

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

David R. Fox, Commissioner, District 1 Olga M. Noriega, Commissioner, District 3

Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5

Joe A. Martinez, Commissioner, District 6

Leonardo Olivares, City Manager

The Pledge of Allegiance to the Flag

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

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

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

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH

Friendly people with vision, courage and integrity

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE

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



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JOINT SPECIAL MEETING OF THE WESLACO CITY COMMISSION AND THE ECONOMIC DEVELOPMENT

CORPORATION OF WESLACO MONDAY, SEPTEMBER 16, 2013

On this 16th day of September 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Joint Special Meeting with the Economic Development Corporation of Weslaco (EDCW) 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 Olga M. Noriega Commissioner and EDCW Director Gerardo “Jerry” Tafolla Commissioner and EDCW Director Lupe Rivera Commissioner and EDCW Director 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; Mardoqueo Hinojosa, City Engineer; Leticia Aleman, EDCW Board President; Richard Lehman, EDCW Board Director; Andrew Gonzalez, EDCW Board Director; Alicia Aguilar, Interim EDCW Executive Director; Rick Talbert, EDC Counsel.

I. CALL TO ORDER

A. Certification of Public Notice.

On behalf of the Commission, Mayor Wise called the meeting to order and certified the public notice of the meeting as properly posted Friday, September 13, 2013. On behalf of the EDCW, President Aleman called the meeting to order.

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 the absence of Commissioner and EDCW Director Fox.

II. NEW BUSINESS

A. Discussion and consideration to select and award a contract for professional services to conduct a management audit of the Economic Development Corporation of Weslaco, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Commission authorized an agreement September 12, 2013; Requested by the Office of the City Manager.)



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There was no action on this item. The City Manager stated that EDCW Counsel Rick Talbert recused himself from the meeting because he believes there to be a conflict of interest. In response to Mayor Wise, Ms. Alicia Aguilar stated the Board would hold a meeting to ratify Mr. Chuy Ramirez as special legal counsel. The City Manager requested any potential conflicts of interest, familial or financial, be disclosed for the record. Mr. Andrew Gonzalez stated as clarified with Mr. Talbert he had no conflicts because he does not issue bonds or insurance to DKIII Hornback, though his mother does. In response to Commissioner Noriega, the City Attorney clarified that the litigation involves the City of Weslaco as a defendant, but there is a letter of demand on the EDCW. The Commission may invite others into executive session to hear from outside counsel how the litigation may overlap into areas shared with the EDCW. Mayor Wise stated that there was no violation of state law by conducting a joint executive session and the relevance of the joint executive session is that this lawsuit arises out of a contract issued by EDCW. Mr. Gonzalez stated the EDCW is not being sued and they do not have legal counsel at this time. Mayor Pro-Tem Cuellar stated that the EDCW Board may have the benefit of the City’s legal counsel under the executive session rules of confidentiality. In response to Commissioner Noriega, Mayor Pro-Tem Cuellar stated that everyone is potential witness in this case. Mayor Wise stated that the City is not exercising any subpoena power and the board members are welcome to join Executive Session.

III. PUBLIC COMMENTS There were no public comments received.

IV. EXECUTIVE SESSION At 5:51 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 6:57 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public. EDCW directors Leticia Aleman, Andrew Gonzalez, and Richard Lehman did not participate in executive session.

V. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. 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. There was no action on this item.



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VI. ADJOURNMENT

With no other business before the Commission, at 6:58 p.m. Commissioner Tafolla seconded by Commissioner Rivera, moved to adjourn the September 16, 2013 special meeting. The motion carried unanimously; Mayor Wise was present, but not voting. On behalf of the EDCW, Commissioner and EDCW Director Rivera seconded by Director Gonzalez, moved to adjourn the September 16, 2013 special meeting. The motion carried unanimously.

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

(absent) COMMISSIONER and EDCW Director, David R. Fox

_______

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



Minutes of the Regular Meeting of September 17, 2013 Page 1 of 15

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, SEPTEMBER 17, 2013

On this 17th day of September 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular 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 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 Assistant Chief Rudy Garza; Mardoqueo Hinojosa, City Engineer; George Garrett, Airport Director; and several other staff members and citizens.

I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Wise called the meeting to order and certified the public notice of the meeting as properly posted Friday, September 13, 2013.

B. Invocation. Senior Minister Howard Bloomquist from Central Christina Fellowship delivered the invocation.

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

D. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the absence of Commissioner Fox.

II. PUBLIC HEARING

A. To solicit input regarding the proposed Municipal Budget for the City of Weslaco for the fiscal year beginning October 1, 2013 and ending September 30, 2014. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to open public hearing. The motion carried unanimously; Mayor Wise was present, but not voting.




The City Manager stated public hearings were held on August 20 and August 22; the First Reading of the budget was approved on September 9. Mr. Frank Garza and Ms. Benita Valadez inquired about specific budget items; the Mayor, City Manager, City Attorney, and Finance Director responded as appropriate. After fifty minutes of public hearing, Commissioner Martinez, seconded by Commissioner Tafolla, moved to close public hearing. The motion carried unanimously; Mayor Wise was present, but not voting.

III.

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) Regular Meeting of September 3, 2013; 2) Special Meeting of September 12, 2013.

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

B. Approval on Second and Final Reading of Ordinance 2013-25 approving the City of Weslaco Texas Municipal Retirement System (TMRS) benefits and rates and establishing an effective date of January 1, 2014 for such actions. (First Reading held September 3, 2013; Requested by Finance Department.) Attachment.

C. Approval of the request to close Texas Boulevard/FM 88 from Fifth to Sixth Streets from 1:00 p.m. to 12:00 a.m. on November 16, 2013 for the Tenth Annual Pan de Campo Fundraiser coordinated by the Weslaco Museum of Local History and Cultural Art, suspend Weslaco City Code of Ordinances §22-24 for the limited use of live animals and authorize the sale of wine, beer, and mixed beverages to a Texas Alcoholic Beverage Commission (TABC) licensed vendor and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by Museum). Attachment.

D. Approval of the renewal of the contract with the Texas Department of Transportation Aviation Division through the Routine Airport Maintenance Program Grant in Fiscal Year 2013-2014 for maintenance on a 50/50 cost share and authorize the Mayor to execute any related documents. (Requested by Airport.) Attachment.

E. Approval of the purchase of a VaraCorp Aerator for the North Wastewater Treatment Plant Digester for a cost not to exceed $11,500.00 from a sole source vendor, Nabers Enterprises, LLC, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Requested by Public Utilities Department.) Attachment.

F. Approval of Resolution 2013-70 identifying as authorized representatives for




TexSTAR, Bret Mann, Finance Director, and Sonia Flores, Assistant Finance Director, and authorize the Mayor to execute any related documents. (Requested by Finance Department.) Attachment. City Manager requested item II. E. be withheld from the consent agenda. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve items A, B, C, D, and F of the consent agenda. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, Ordinance 2013-25 reads as follows:

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PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _3rd day of September, 2013.

PASSED AND APPROVED on second reading at a regular meeting of the City

Commission this _17th day of _September, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY




For the record, Resolution 2013-70 reads as follows:

AMENDING RESOLUTION 2013-70 WHEREAS, City of Weslaco, Texas(the “Government Entity”) by authority of the Application for Participation in TexSTAR (the“Application”) has entered into an Interlocal Agreement (the “Agreement”) and has become aparticipant in the public funds investment pool created there under known as TexSTAR Short Term Assert Reserve Fund (“TexSTAR”); WHEREAS, the Application designated on one or more “Authorized Representatives” within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the “Authorized Representatives” within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED: SECTION 1. The following officers, officials or employees of the Government Entity specified in this document are hereby designated as “Authorized Representatives” within the meaning of the Agreement, with full power and authority to open accounts, to deposit and withdraw funds, to agree to the terms for use of the website for online transactions, to designate other authorized representatives, and to take all other action required or permitted by Government Entity under the Agreement created by the application, all in the name and on behalf of the Government Entity. SECTION 2. This document supersedes and replaces the Government Entity’s previous designation of officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement SECTION 3. This resolution will continue in full force and effect until amended or revoked by Government Entity and written notice of the amendment or revocation is delivered to the TEXSTAR Board. SECTION 4. Terms used in this resolution have the meanings given to them by the Application. Authorized Representatives. Each of the following Participant officials is designated as Participant’s Authorized Representative authorized to give notices and instructions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: Bret Mann, Finance Director, and Sonia Flores, Assistant Finance Director /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

IV. APPOINTMENTS

A. Discussion and consideration to approve Resolution 2013-68 appointing a member to an expired term on the Board of Adjustments and Appeals - Zoning. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. Mayor Wise stated that he had been contacted by Mr. Ernesto Martinez who expressed a desire to continue to serve on the Board of Adjustments and Appeals. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve Resolution 2013-68 reappointing Mr. Ernesto Martinez to the Board of Adjustments & Appeals. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, Resolution 2013-68 reads as follows:

RESOLUTION NO. 2013- 68

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENTS & APPEALS-ZONING ORDINANCE.




WHEREAS, the City of Weslaco created and established the Board of Adjustments & Appeals-Zoning Ordinance. WHEREAS, the term of the members of this board are for two years; and WHEREAS, the Board of Adjustments & Appeals-Zoning Ordinance members shall serve with neither compensation nor term limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _Ernesto Martinez is appointed to serve an unexpired term on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on 4th day of October, 2015. PASSED AND APPROVED on this 17th day of September, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

B. Discussion and consideration to approve Resolution No. 2013-69 nominating a candidate to the Hidalgo County Appraisal District Board of Directors for the 2013-2014 election. Possible action. (Item as requested by the Office of the City Secretary.) Attachment. Mayor Wise stated that this item was to nominate a candidate to the Hidalgo County Appraisal District Board. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve Resolution 2013-69 nominating Mr. David Hernandez to the Hidalgo County Appraisal District Board of Directors. The motion carried unanimously; Mayor Wise was present, but not voting. Commissioner Noriega moved to nominate Mr. Joe Olivares to the Hidalgo County Appraisal District Board of Director; motion failed from lack of a second. For the record, Resolution 2013-69 reads as follows:

RESOLUTION NO. 2013-69

STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION NOMINATING A CANDIDATE TO HIDALGO COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS.

WHEREAS, the City of’ Weslaco, a governmental unit entitled to vote in the selection of a

Board of Directors for the Hidalgo County Appraisal District, has been notified by the Chief Appraiser of Hidalgo County, Texas, that nominations to the said Board of Directors should be submitted in Resolution form to the Chief Appraiser by October 15, 2013; and

WHEREAS, the City wishes to nominate _David Hernandez_ as candidate for Director of the Hidalgo County Appraisal District.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISISON OF THE CITY OF WESLACO as follows:




1. The City Commission of the City of Weslaco does hereby nominate _David Hernandez_ as a candidate for the Director of Hidalgo County Appraisal District.

2. A certified copy of this Resolution shall be delivered to the Chief Appraiser

Hidalgo County, Texas, to evidence this nomination.

PASSED AND APPROVED this 17th day of September, 2013.

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

V. OLD BUSINESS

A. Discussion and consideration on Second and Final Reading to approve Ordinance 2013-23 approving the City of Weslaco budget appropriation for the fiscal year October 1, 2013 – September 30, 2014. Roll call vote required. Possible action. (First Reading held September 3, 2013; Requested by Finance Department.) Attachment. The City Manager stated the Commissioner just held the second public hearing for this item. Commissioner Tafolla, seconded by Mayor Pro-Tem, moved to approve the item as presented. In response to Commissioner Noriega, the City Manager clarified that the Grants Coordinator position had been moved under the City Managers Office as well as the newly approved position of the Public Information Officer had been assigned to his department. Mr. Mann stated that there were no new positions added to his department, instead the clerks position was changed to Accountant II. Mr. Salinas stated that there was a position in his department to replace the existing position at OMI for an Administrative Aide. The City Manager stated that anyone who had separated from the City in good standing is welcome to apply. Mr. Oscar Garcia stated that the position of master certified technician was a reclassification and with no pay increase. City Manager reviewed the following highlights to the proposed budget: estimated $3.4 million general fund balance by September 30, 2014; raised the Texas Municipal Retirement System (TMRS) contributions from 1.5:1 to 2:1; and increased base pay for unionized police by $500.00 as per the approved Collective Bargaining Agreement. The City’s bond rating has been upgraded from BBB+ to an A-. The overall outlook for the City has changed greatly from a negative to a stable positive. At the start of this next fiscal year the general fund balance will be the highest since 1992. A plan has been out in place to lower property taxes $0.05/$100 valuation over the next ten (10) years. In an ongoing effort to improve the City’s transparency staff created the position of a Public Information Officer who will oversee the operations




of the PEG television Channel. There is $8.7 million in funds for capital improvement projects that will come at no increase in taxes. After 20 years the Public Utilities Department will take over operations of its own water and wastewater treatment plants, which will allow the City to save $300,000.00 a year. There is no proposed increase to residential water, sewer, garbage, or brush rates. Commissioner Noriega asked if the City would continue to participate with the Amigos Del Valle; City Manager stated that it was his intention to remain a member. Commissioner Noriega opposed the motion because she believes staff is not providing concrete answers. By roll call vote, the motion carried (5-1); Mayor Wise was present, but not voting. For the record, Ordinance 2013-23 reads as follows:

ORDINANCE NO. 2013-23

AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF WESLACO, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014.

BE IT ORDAINED BY CITY OF WESLACO, TEXAS:

That, the City Manager of the City of Weslaco has heretofore duly and timely filed in accordance with the law, a budget for said City covering the fiscal year running from October 1, 2013 to September 30, 2014, that due and timely public notice that a Public Hearing on such budget would be held on September 3, 2013, was given and made in accordance with state law and within the time limits set forth by law; that such Public Hearing was held in accordance with the law on September 3, 2013, and that it is the opinion and judgment of the Weslaco City Commission that said budget, which is attached hereto, be and same is hereby in all things approved and same is proper and correct.

WHEREFORE, said budget is here and now hereby in all things approved and adopted and it shall be effective as of October 1, 2013.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 3rd day of September, 2013.

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 17th day of September, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

B. Discussion and consideration on Second and Final Reading to approve Ordinance 2013-24 approving the City of Weslaco ad valorem property tax rate of $0.6867/$100.00 valuation, assessed lower than the rate last year, pursuant to §26.05(d) of the Texas Tax Code on all taxable property within the City of Weslaco, Texas for Tax Year 2013, fixing the tax rate for the use and support of the general government and for the interest and sinking fund for the redemption of bonds and other indebtedness of the City of Weslaco, providing for the assessment of annual occupation taxes provided by law, and fixing a lien on all taxable property. Roll call vote required. Possible action. (First Reading held September 3, 2013; Requested by




Finance Department.) Attachment. The City Manager stated that this was the second reading of the tax rate. There is a proposed $0.01 decrease every other year for the next ten (10) years for a total of a $0.05/$100 valuation tax decrease and the City will be able to continue with its functions. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. By roll call vote, the motion carried unanimously; Mayor Wise was present, but not voting. For the record, Ordinance 2013-24 reads as follows:


AN ORDINANCE LEVYING AN AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY OF WESLACO, TEXAS FOR THE TAX YEAR 2013, FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE GENERAL GOVERNMENT AND FOR THE INTEREST AND SINKING FUND FOR THE REDEMPTION OF BONDS AND OTHER INDEBTEDNESS OF THE CITY OF WESLACO, TEXAS, PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND FIXING A LIEN ON ALL TAXABLE PROPERTY.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS:

I.

THAT, there shall be and it is hereby levied on all property whether, real, personal or mixed,

within the corporate limits of the City of Weslaco, Texas, not otherwise exempt, an ad valorem tax for the year 2013 ($0.1861) on each one hundred dollar valuation of property for the purpose of paying interest on and providing a sinking fund for the redemption of outstanding indebtedness of the City of Weslaco as follows: 2007 Certification of Obligation Bonds 0.0378 2010 Certification of Obligation Refunding Bonds 0.0317 2012 Certification of Obligation Refunding Bonds 0.0908 2013 Certification of Obligation Bonds 0.0258

$0.1861

II.

THAT, there shall be and is hereby levied on all property, whether, real, personal or mixed, within the City of Weslaco, Texas, not otherwise exempt, an ad valorem tax for the year 2013 ($0.5006) on each one hundred dollar valuation of such property for the purpose of paying current expenses for the maintenance of public parks and other improvements and purposes as provided by the Charter of the City of Weslaco, Texas, and the laws of the State of Texas. THIS TAX RATE WILL DECREASE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL DECREASE FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $1.00.

III.

THAT there is hereby fixed on each and every item of taxable property a lien for the purpose of securing the payment of the taxes assessed thereon, and said lien shall continue to exist against any item of property against which a tax is assessed here under until such tax, together with all interest shall be paid.




IV.

THAT, there be and is hereby levied and ordered collected an annual occupational tax on fifty percent (50.0%) of the State Occupation Tax on each occupation taxed by the State of Texas.

V.

IF, any person shall neglect or refuse to pay the taxes herein imposed on him or his property, on or before January 31, 2014, the tax collector shall apply the following schedule of penalty and interest rates for use in calculating the total amount due on delinquent tax bills: February 2014 7.0% March 2014 9.0% April 2014 11.0% May 2014 13.0% June 2014 15.0% July 2014 18.0%

PASSED AND APPROVED on first reading at a special meeting of the City Commission this 3rd day of September 2013.

PASSED AND APPROVED on second reading at a special meeting of the City Commission this 17th day of September 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

VI. NEW BUSINESS

A. Discussion and consideration to approve the Annual Work Plan and Budget for the Economic Development Corporation of Weslaco (EDCW) Fiscal Year 2013-2014 as approved by the EDCW Board of Directors on September 11, 2013. Possible action. (Requested by the Economic Development Corporation of Weslaco.) Attachment. There was no action on this item.

B. Discussion and consideration to authorize an Interlocal Governmental Agreement with the Hidalgo County Emergency Services District No. 1 by which the City provides emergency ambulance service with not less than two ambulances to those areas of rural Hidalgo County within the established boundaries of the District and the District agrees to pay the City the sum of $125,000.00 for the period October 1, 2013 through September 30, 2014, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Possible action. (Requested by the Fire Department.) Attachment. City Manager stated that this item was for ambulance services outside the city limits and would like to discuss this item in executive session. The City Attorney opined this item is permissible to discuss in regular executive session.

C. Discussion and consideration to approve Resolution 2013-63 recognizing the importance of the International Bridge Trade Corridor (IBTC) as it will facilitate




mobility, relieve congested roadways, improve safety conditions for the traveling public and support economic development opportunities for the eastern Hidalgo County region. Possible action. (There was no action on this item August 27, 2013; Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that this item was part of the County’s efforts to leverage funding for roads; the Weslaco-Progreso International Bridge already endorsed it. Contribution should not to exceed $30,000.00 per year; staff recommends 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. For the record, Resolution 2013-63 reads as follows:


RESOLUTION IN SUPPORT OF THE DEVELOPMENT AND CONSTRUCTION OF THE INTERNATIONAL BRIDGE TRADE CORRIDOR (IBTC) THIS RESOLUTION is adopted this _17_th day of _September_, 2013 by the City of Weslaco City Commission at regular meeting. WHEREAS, the effort to construct a trade corridor in Eastern Hidalgo County is a regional effort to enhance transportation and economic development for all communities in Hidalgo County; and WHEREAS, the cities of Alamo, Donna, Edinburg, Mercedes, Pharr, San Juan, Weslaco, along with Hidalgo County recognize the importance of the IBTC as it will facilitate mobility, relieve congested roadways, improve safety conditions for the traveling public and support economic development opportunities for our region; and WHEREAS, the proposed project is critical to the long term economic viability of our region; and WHEREAS, the proposed project will facilitate international commerce and the long term, sustainable development of Hidalgo County; and WHEREAS, the cities of Alamo, Donna, Edinburg, Mercedes, Pharr, San Juan, Weslaco, along with Hidalgo County believe that financial resources are necessary to secure the potential funding from the Texas Department of Transportation in the amount of Sixty Million Dollars toward the development of the IBTC, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WESLACO, TEXAS THAT:

1) The total funds to be requested from the each participating entity is projected to be $30,000.00 per year for a period of ten years.

2) Upon approval of this resolution, the Mayor, or his representative is hereby authorized to execute all related documents.

PASSED AND APPROVED on this _17th _day of _September_ 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY




D. Discussion and consideration to approve the Exempt and Non-Exempt classified positions with corresponding pay grade and ranges for fiscal year 2013-2014. Possible action. (Requested by the Human Resources Department.) Attachment. The City Manager stated that this item was for amendments to the pay grades by position and departments. He added the position of Public Information Officer (PIO) and Grants Coordinator to his department; the position of PIO was created in 2011 but never funded. The IT department changed the position of Network Administrator II to an exempt position. The Public Utilities Department created two new positions which are added to the chart. He explained the difference between exempt and non exempt employees is that exempt employees are supervisory roles who exercise individual judgment. In response to Commissioner Noriega, Ms. Veronica Ramirez stated the City Manager’s position was not applicable to the pay scale, since his compensation is based on a study. The City Manager stated that his position is at the will of the Commission and they could place a cap on this salary. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. Commissioner Noriega opposed because she would prefer to have an amount assigned to the E-10 position. The motion carried (5-1); Mayor Wise was present, but not voting.

VII. REPORTS

A.

Report by Mayor Miguel D. Wise. Attachment. Mayor Wise announced with heartfelt sentiments that this was his last meeting. Without taking credit, he cited some of the “monumental changes” that have taken place at the City during his term to make a stronger City. By statute he resigned his position as Mayor when he declares his candidacy for another elected office. The Office of Congressman Ruben Hinojosa offered their commendation for Mayor Wise’s public service. Mayor Pro Tem Cuellar offered Mayor Wise the best of luck in all his future endeavors and thanked him for his service to the community. Mayor Wise departed the dais at 7:30 p.m.

B. Report on Departmental Update, Financial Status, Upcoming Meetings, Appointments, and Feedback. Attachment. The City Manager presented a video on a City Manager’s life.

C. Report by Economic Development Corporation of Weslaco. Attachment. Ms. Alicia Aguilar announced that Hermes Music would be opening a location next to IHOP. Kahn’s Grill and Applebee’s will also be moving into Weslaco. The proposed design for Applebee’s will be the second new prototype in the United States. A workshop will be held for TEDC sales tax. There has been a 6.18% increase in sales taxes over last year. Thursday Al Fresco will host the Conjuncts




Orchestra and the WISD’s mariaches.

D. Report by First Southwest, the City’s financial advisor. Ms. Anne Burger representing First Southwest provided the information requested by Commissioner Noriega to the entire Commission. The net available for debt service has increased; there has also been an increase to total net system value. The City has decreased the number of its administrative contractual services. At the end of 2011 the City witnessed a financing phenomenon with the issuance of a $8.5 million bond at a 2.75% rate which provided a savings of 0.70%. The water rate study conducted by Capex illuminated a rate inequality by implementing a rate adjustment where certain sectors were being undercharged. The revenues projected by CDM are $14,964,998.00 by 2017 and by Capex are $14,702,556.00 by 2018. The City’s taxable assessed value grew 4.4%, the tax supported debt has decreased. The City now has the potential to achieve 25% of operating in less than five (5) years because it is less than $5.0 million. The proposed decrease in the tax rate has also been disclosed to the rating agencies. Mayor Pro-Tem Cuellar asked if the Commission could reclassify on second reading the cost of a meter for multifamily housing so that regardless whether a resident owns or leases a property it should be treated as residential. Ms. Burger stated that the rating agencies understand that Resolution 2011-74 is a model as a long term planning tool. Commissioner Noriega asked Ms. Burger to evaluate the impact a change like that would have on the water rate revenues. The City Manager stated that it was staff’s recommendation to maintain the multifamily rates as commercial as part of Mr. Snowden’s analysis and not to change rate classes to satisfy political grandstanding. Mr. Salinas stated that not all 900 multifamily customers would see a change in rate, since it would vary based on lease agreements and if meters were per unit or per building. Commissioner Tafolla, seconded by Commissioner Martinez, moved to take item IX. Executive Session from its posted sequence for immediate consideration. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

IX. EXECUTIVE SESSION At 8:34 p.m., Mayor Pro-Tem announced the regular meeting to convene in Executive Session. At 8:52 p.m., 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. Pending Litigation – Consult with City Attorney regarding Cause No. C-3865-10-I, City of Weslaco v. Champion Energy Services, LLC as authorized by §551.071 of the Texas Government Code. There was no action on this item.




B. Discussion with City Attorney to authorize Special Counsel for advice about pending

or contemplated litigation pertaining to proposed annexations pursuant to §551.071 of the Texas Government Code. There was no action on this item.

VI. NEW BUSINESS

B. Discussion and consideration to authorize an Interlocal Governmental Agreement with the Hidalgo County Emergency Services District No. 1 by which the City provides emergency ambulance service with not less than two ambulances to those areas of rural Hidalgo County within the established boundaries of the District and the District agrees to pay the City the sum of $125,000.00 for the period October 1, 2013 through September 30, 2014, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Possible action. (Requested by the Fire Department.) Attachment. The City Manager stated that staff has been negotiating with the emergency service district; currently the contract is for $100,000.00 but has proposes an increase to $125,000.00. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

VIII. PUBLIC COMMENTS Ms. Diana Lopez stated at the last Commission meeting she had commented on the alley behind her house and offered a heartfelt thanks to the workers who came to clean it.

XI. ADJOURNMENT

With no other business before the Commission, at 8:58 p.m. Commissioner Tafolla, seconded by Commissioner Martinez, moved to adjourn the September 17, 2013 regular meeting. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

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




(absent)

COMMISSIONER, David R. Fox

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




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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director Subject: Interlocal Agreement between County of Hidalgo and City of Weslaco Discussion: Discussion and consideration to authorize the Interlocal agreement between County of Hidalgo, and the City of Weslaco, to provide and receive pickup and disposal service of commercial waste for the Sheriff’s East Substation, and to authorize a budget amendment as appropriate. Fiscal Note: Amount: $ 1,433.16 Term of Impact: [ 1] 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): 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”): Interlocal agreement Responsibilities upon Approval: Upon approval, city secretary’s office will convey executed documents and forward a copy to the Public Utilities department.















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

From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Agreement with the Texas Department of State Health Services (DSHS), identified for electronic access to certain Vital Statistics records. Discussion: Approval of the renewal of the agreement with the Texas Department of State Health Services (DSHS), identified as contract number 2014-044206-001, for electronic access to certain Vital Statistics records at a cost of $1.83/search, effective September 1, 2013 – August 31, 2015 and authorize the Mayor to execute any related documents. Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading Fiscal Note: Amount: $1.83/search, included in cost of sale of certified copy of record Term of Impact: [2] year(s) Identified in Current Budget: Y If item previously considered, provide date and action by Commission: None If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: None required. Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approve as presented. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Proposed contract Responsibilities upon Approval: Mayor will execute contract; City Secretary will convey to Texas Department of State Health Services (DSHS) for full execution
















Date of Meeting: 10-01-2013

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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: A resolution in opposition to the Texas Department of Transportation “Highway Transfer Turnback Program”. Discussion: TxDOT is considering a proposal to abandon the maintenance of Farm to Market roads across the State, thereby causing the maintenance of these roads to become the responsibility of the cities the roads traverse. The cities of Alamo, Donna, Edinburg, Mercedes, Pharr, San Juan and Weslaco are proposing a resolution that will be forwarded to TxDOT, indicating our collective opposition to what amounts to an unfunded mandate. Fiscal Note: Amount: N/A Term of Impact: [] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] 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): N/A Recommendation for Commission Action: Approve the resolution as presented Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Resolution Responsibilities upon Approval: Staff will follow up with required documentation





A RESOLUTION OF THE CITIES OF PHARR, SAN JUAN, ALAMO, DONNA, WESLACO, MERCEDES AND EDINBURG, TEXAS ARE

IN OPPOSITION TO THE TEXAS DEPARTMENT OF TRANSPORTATION “HIGHWAY TRANSFER

TURNBACK PROGRAM”

WHEREAS; the Cities of Pharr, San Juan, Alamo, Donna, Weslaco, Mercedes and Edinburg are already responsible to maintain the city-owned streets and alleys; and

WHEREAS, the Farm-to-Market Roads, since their creation, have always been owned and maintained by the State of Texas; and

WHEREAS, it would cost the citizens of the Cities of Pharr, San Juan, Alamo, Donna, Weslaco, Mercedes and Edinburg significant funds to conduct just one overlay to those farm-to-market roadways; and

WHEREAS, the Cities of Pharr, San Juan, Alamo, Donna, Weslaco, Mercedes and Edinburg are in no financial situation to undertake such an expense; and

WHEREAS, the TxDOT Highway Transfer Turnback Program would constitute another unfunded mandate to the state’s communities. NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSIONS OF THE CITIES OF PHARR, SAN JUAN, ALAMO, DONNA, WESLACO, MERCEDES AND EDINBURG, TEXAS, THAT:

1. Are all in strong opposition to the Texas Department of Transportation “Highway Transfer Turn-back Program”.

READ, CONSIDERED and APPROVED this the _______ day of September, 2013. _________________________________

SAN JUANITA SANCHEZ, MAYOR CITY OF SAN JUAN

ATTEST: ____________________________________________ HUMBERTO RODRIGUEZ, CITY SECRETARY CITY OF SAN JUAN




LEOPOLDO PALACIOS, MAYOR CITY OF PHARR

ATTEST: ______________________________________ HILDA PEDRAZA, CITY SECREATARY CITY OF PHARR READ, CONSIDERED and APPROVED this the _______ day of September, 2013. _________________________________

DIANA MARTINEZ, MAYOR CITY OF ALAMO

ATTEST: __________________________________________ CITY SECRETARY CITY OF ALAMO READ, CONSIDERED and APPROVED this the _______ day of September, 2013. _________________________________

DAVID SIMMONS, MAYOR CITY OF DONNA

ATTEST: __________________________________________ MARTHA ALVARADO, CITY SECRETARY CITY OF DONNA




MIGUEL D. WISE, MAYOR CITY OF WESLACO

ATTEST: __________________________________________ ELIZABETH WALKER, CITY SECRETARY CITY OF WESLACO READ, CONSIDERED and APPROVED this the _______ day of September, 2013.

_________________________________ HENRY HINOJOSA, MAYOR CITY OF MERCEDES

ATTEST: __________________________________________ ARCELIA FELIX, CITY SECRETARY CITY OF MERCEDES READ, CONSIDERED and APPROVED this the _______ day of September, 2013.

_________________________________ RICHARD GARCIA, MAYOR CITY OF EDINBURG

ATTEST: __________________________________________ MYRA L. AYALA, CITY SECRETARY CITY OF EDINBURG




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

From (name, title, department and who submitting on behalf of, if any): David Salinas,CFM, Public Utilities Director Subject: Aerator purchase Discussion: Discussion and consideration to authorize the purchase of a VaraCorp Aerator for the North Wastewater Treatment Plant Digester for a cost not to exceed $11,500.00 from a Sole Source Nabers Enterprises, LLC. Authorize a budget amendment as needed, and authorize the Mayor to execute any related documents.

Fiscal Note: Amount: Term of Impact: [#] year(s)

1 year Identified in Current Budget: Y/N NO

Additional Action Prompted: [X] 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: 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”): Sole Source Letter, Quote Responsibilities upon Approval: Upon approval, City Secretary’s office will forward approval to the Public Utilities Department.










































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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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A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO

WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ___________________________ is appointed to an unexpired term as a member of the Board of Directors of the Economic Development Corporation of Weslaco for a term that will expire on ________________________. PASSED AND APPROVED on this 1st day of October, 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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A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE WESLACO CIVIL SERVICE COMMISSION

WHEREAS, the City of Weslaco has established the Weslaco Civil Service Commission pursuant to Chapter 143 of The Texas Local Government Code; and WHEREAS, the terms of the members of this board are for 3 years; and WHEREAS, the Civil Service Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT it consents to the appointment of _______________________________ on the Civil Service Board and the term will begin on __________________, 2013 and expire on _____________________, 20___. PASSED AND APPROVED on this 1st day of October, 2013.

CITY OF WESLACO

________________________________ Miguel D. Wise, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY


_________________________________ Ramon Vela, CITY ATTORNEY




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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, City Engineer, Planning and Code Enforcement Subject: Discussion and consideration for revision of city’s representation in the Hidalgo County Metropolitan Planning Organization’s (HCMPO) Transportation Policy Committee for fiscal year 2013. Discussion: HCMPO Transportation Policy Committee’s city representation includes the Designee, an alternate and Proxies. See attachment for current designations. Active participation in committee is required. City staff can be included for unforeseen circumstances as proxy members as the city can select an unlimited amount. Fiscal Note: Amount: $ 0 Term of Impact: [#] year(s) Identified in Current Budget: Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [X ] Resolution [X] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Miguel D. Wise needs to be replaced. Planning Director, City Engineer, and City Secretary should be included as proxy members for unforeseen circumstances. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Staff will proceed with documentation.




Hidalgo County Metropolitan Planning Organization Transportation Policy Committee

Fiscal Year 2013

Name of City/County/ Entity: __City of Weslaco________ Name of Designee: __Gerardo ”Jerry” Tafolla Name of Alternate: __ Miguel D. Wise ________ List 3 Proxies: ___David R. Fox___________ ___Leonardo Olivares _ _ Lupe V. Rivera ____ In accordance with House Bill (HB) 1883 and Section 1, Chapter 472, Section 472.031 of the Transportation Code, (a) A policy board of a metropolitan planning organization designated or re-designated under23 U.S.C. Section 134 may provide in its bylaw for appointment of voting proxies by its members. Section 472.032 of the transportation code, further clarifies that:

(a) A proxy appointment under section (a): 1) Acts on behalf of and under the supervision of the policy board member who appointed 2) Must be appointed in writing; and 3) Is authorized to vote for the policy board member who appointed the proxy to the

extent the member has given the proxy the member's voting power.

(b) A legislative member of a policy board may not be counted absent at a meeting of the policy board during a legislative session.

(c) A legislative member of a policy board may only appoint a proxy under Subsection (a) who is: 1) The legislative member's employee or staff member; 2) A person related by consanguinity, as determined under subchapter B, Chapter 573,

Government Code, who is not required to register as a lobbyist under Chapter 305, Government Code;

3) Another legislative member of the policy board; or 4) A locally elected official.

___________________________________ _______________ Authorization Signature Date




THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § § §

A RESOLUTION APPOINTING A MEMBER, ALTERNATE MEMBER, AND PROXIES TO THE HIDALGO COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO)

WHEREAS, the Lower Rio Grande Valley Metropolitan Planning Organization (MPO) has requested that a City of Weslaco elected official serve as the official member of the MPO Board of Directors; and

WHEREAS, the MPO has requested that a City of Weslaco elected official be appointed to serve as an alternate member of the MPO Board of Directors;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION

OF THE CITY OF WESLACO that _______________________ be appointed as the official member on the MPO Board of Directors.

BE FURTHER RESOLVED that _____________________ be appointed as the

alternate member on the MPO Board of Directors,and that the following three individuals be appointed designate proxies with all appropriate priviledges assigned, including __________________, _________________, _____________________, and a copy of this Resolution, which supercedes any previous apointment, shall be delivered to the MPO Office to evidence these appointments.

PASSED AND APPROVED this 1st day of October, 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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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, certain terms 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 a three year term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2013 and end on _____________, 20___. PASSED AND APPROVED on this 1st day of October 2013.

CITY OF WESLACO

Miguel D. Wise, MAYOR

ATTEST: Elizabeth M. Walker, CITY SECRETARY


Ramon Vela, CITY ATTORNEY




AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 77-16, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 138.58 “WATER RATES PRESCRIBED” AND AMENDING SECTION 1 OF ORDINANCE 67-10, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 138.59 “SEWER RATES PRESCRIBED;” BY PROVIDING FOR A NEW SCHEDULE OF RATES TO BE CHARGED FOR TREATED WATER DELIVERED THROUGH THE SYSTEM OF THE WATER DEPARTMENT OF THE CITY OF WESLACO; AND PROVIDING FOR A NEW SCHEDULE OF RATES TO BE CHARGED FOR THE USE OF WASTEWATER TREATMENT FACILITIES OF THE CITY OF WESLACO; AND PROVIDING FOR AN EFFECTIVE DATE AFTER THE SECOND PUBLICATION OF THIS ORDINANCE, AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF. SECTION 1. BE IT ORDAINED BY THE CITY OF WESLACO, TEXAS, to amend Section I of Ordinance No. 77-16, adopted on August 16, 1977, and Codified in the Weslaco Code of Ordinances as Section 138.58 and entitled “Water Rates Prescribed”, to adopt a new schedule of rates to be charged for treated water delivered through the system of the water department of the City of Weslaco so that after Second and Final Reading of this Ordinance, Weslaco Code of Ordinances Section 138.58, will read as follows:

ARTICLE II. SERVICE CHARGES Sec. 138.58. Water Rates Prescribed. There are hereby established the following schedules of rates to be charged for treated water delivered through the system of the water department of the city: Schedule A. Residential Inside City Limits

(1) Minimum monthly bill, (not including water)……………………….....….. $15.94 Minimum monthly bill, (includes 2,000 gallons of water) if applied for by a Resident over 65 years of age, Disabled, or a Veteran ………………..…..$10.62

(2) Charge per each 1,000 gallons or portion thereof…………….………………$2.77

Schedule B. Commercial Inside City Limits

(1) Minimum monthly bill (not including water): 5/8 inch or ¾ inch meter….………………………………………………. $16.26 1 inch meter……………….………………………………………………. $18.64 1 ½ inch meter…………….………………………………………………..$21.70 2 inch meter…………….…………………………………………………..$26.25 3 inch meter……………….………………………………………………..$37.69 4 inch meter……………….………………………………………………..$52.60 6 inch meter…….…………………………………………………………..$86.34 8 inch meter….…………………………………………………………….$109.65



(2) Charges per each 1,000 gallons or portion thereof: 0 to 15,000 gallons …………………………………………………………...$2.90 15,000 to 15,001 gallons…………………………………………………… $13.87 15,001 to 30,000 gallons……………………………………………………...$3.23 30,000 to 35,000 gallons……………………………………………………...$3.26 35,000 to 35,001gallons……………………………………………………..$13.43 Over 35,001 gallons…………………………………………………………..$3.26

Schedule C. Multi Family Inside City Limits

(1) Minimum monthly bill (not including water): 5/8 inch or ¾ inch meter….………………………………………………. $16.26 1 inch meter……………….………………………………………………. $17.55 1 ½ inch meter…………….………………………………………………..$21.70 2 inch meter…………….…………………………………………………..$26.25 3 inch meter……………….………………………………………………..$37.69 4 inch meter……………….………………………………………………..$52.60 6 inch meter…….…………………………………………………………..$86.34 8 inch meter….…………………………………………………………….$109.65

(2) Charges per each 1,000 gallons or portion thereof: 0 to 15,000 gallons …………………………………………………………...$2.90 15,000 to 15,001 gallons…………………………………………………… $13.87 15,001 to 30,000 gallons……………………………………………………...$3.23 30,000 to 35,000 gallons……………………………………………………...$3.26 35,000 to 35,001gallons……………………………………………………..$13.43 Over 35,001 gallons…………………………………………………………..$3.26

Schedule D. Irrigation Meters Inside City Limits (1) Minimum monthly bill (not including water):

5/8 inch or ¾ inch meter….……………………………………………….... $8.29 1 inch meter……………….………………………………………………. $11.17 1 ½ inch meter…………….………………………………………………..$15.32 2 inch meter…………….…………………………………………………..$19.88 3 inch meter……………….………………………………………………..$31.31 4 inch meter……………….………………………………………………..$46.22 6 inch meter…….……………………………………………………………$79.97 8 inch meter….…………………………………………………………….$103.28

(2) Charges per each 1,000 gallons or portion thereof: 0 to 10,000 gallons …………………………………………………………...$2.77 10,000 to 15,000 gallons…………………………………………………….. $2.86 Over 15,000 gallons…………………………………………………………..$2.91



(3) Irrigation meters with no associated wastewater service will not be assessed monthly charges for wastewater service.

Schedule E. Service Provided to Customers Residing Outside of the City Limits (1) The monthly water charges for any customer (residential, commercial, multi-family,

irrigation, or other) located outside the corporate limits of the City of Weslaco shall be at the rate of 150% of the rate charged customers inside the corporate limits of the City.

Schedule F. Tapping Fees. The following charges shall be made as tapping fees for making connections for the use of any water user (deposit and permit fees are not included): Meter Size Inside City Outside City 5/8” $348.10 $522.15 1” $514.22 $771.32 1 ½” $890.82 $1,336.23 2” $3,286.06 $4,929.09 3” $4,612.93 $6,919.39 4” $6,936.71 $10,405.06 For all other size taps, the tapping charge shall be based upon the current cost of the meter, required materials, and labor therefore. In cases where the developer has installed their own water lines, tapping saddles, corp. stop, tubing and angle stop up to the ground surface, the fees for a 5/8” meter will be $232.07 for a connection inside the city limits and $348.10 for a connection outside the city limits. Schedule G. Fire Protection Sprinkler Fees There shall be no additional charge per month in addition to the other charges listed in this section, for accounts with a fire protection sprinkler system.

SECTION II. BE IT FURTHER ORDAINED BY THE CITY OF WESLACO, TEXAS, to amend Section I of Ordinance No. 67-10, adopted on June 27, 1967, and codified in the Weslaco Code of Ordinances as Section 138.59 and entitled “Sewer Rates Prescribed”, so that after Second and Final Reading of this ordinance, Weslaco Code of Ordinances Section 138.59 will read as follows:

ARTICLE II. SERVICE CHARGES Sec. 138.59. Wastewater Rates Prescribed. The following rates shall be charged for use of the wastewater treatment facilities of the City of Weslaco, including storm sewer lines if used for the purpose of disposing waste or cooling water. The rates hereby established shall be applicable to all classes of customers using the city sanitary sewer system, except for industrial customers who will continue to be charged



under the provisions of the industrial waste ordinance of the City of Weslaco, Ordinance No. 76-16, as amended:

(1) Minimum Charge Inside City Limits: The minimum monthly charge for all classes of customers using the City of Weslaco wastewater treatment facilities shall be fifteen dollars and forty-five cents ($15.45) per month. The monthly base rate will be ten dollars and thirty-one cents ($10.31) if applied for by a resident over 65 years of age, Disabled, or a Veteran.

(2) Additional Charges for Single-Family Residential Users Inside City Limits. In

addition to the minimum charge listed above, a charge of one dollar and seventy-seven cents ($1.77) will be made for each one thousand (1,000) gallons of water used, or portion thereof, for monthly metered consumption up to 35,000 gallons.

(3) Multifamily Residential and Mobile Homes Inside City Limits. The charge for the

use of the city wastewater treatment facility for duplexes or multifamily apartments or housing where the buildings are generally used solely for permanent or continuous living quarters and mobile home and/or recreational vehicle park owners on master meters shall be as follows:

Minimum monthly bill …………………………………….…………………$11.81

Charges per each 1,000 gallons of metered water use, or portion thereof:

0 to 15,000 gallons…………………………………………………………..$2.28 15,000 to 15,001 gallons……………………………………………………$10.61 15,001 to 35,000 gallons…………………………………………………..…$2.54 35,000 to 35,001 gallons……………………………………………………$10.27 Over 35,000 gallons……………………………………………………….…$2.54

(4) Commercial Customers Inside City Limits. Commercial customers are those

customers who discharge wastewater from a private building which is not residential in nature and conduct business activities for the sole purpose of making a profit, and receive an inflow of paying customers for services rendered or the purchase of goods. All sewer accounts required to file for a sales tax number with the state comptroller’s office or an employer’s federal I.D. number with the Internal Revenue Service shall be deemed as commercial accounts. The charge for commercial users shall be as follows: Minimum monthly bill …………………………………….………………...…$12.98 Charges per each 1,000 gallons of metered water use, or portion thereof: 0 to 15,000 gallons……………………………………………………………….$2.61 15,000 to 15,001 gallons……………………………………………………..…$12.12 15,001 to 35,000 gallons…………………………………………………..……..$2.91 35,000 to 35,001 gallons……………………………………………………..…$11.74 Over 35,000 gallons……………………………………………………….……..$2.91



(5) Lawn and Landscape Irrigation. All accounts shall be exempt from sanitary sewer charges on water metered solely for lawn and landscape irrigation.

(6) Industrial Users. All industrial uses, such as canning plants, packing sheds,

laundries, bottling works, milk plants and other industrial users, shall be charged a rate computed under Ordinance No. 76.16, as amended.

(7) Institutional, Etc., Users Inside City Limits. All customers not classified as

aforementioned, including institutional, religious and not-for-profit entities, shall be charged for the use of the wastewater treatment facility as follows:

Minimum monthly bill……………………………………….…………………$11.81 Charges per each 1,000 gallons of metered water use, or portion thereof: 0 to 15,000 gallons……………………………………………………………..$2.28 15,000 to 15,001 gallons………………………………………………………$10.61 15,001 to 35,000 gallons……………………………………………………..…$2.54 35,000 to 35,001 gallons………………………………………………………$10.27 Over 35,000 gallons………………………………………………………….…$2.54

(8) Commercial Laundries Inside City Limits. Commercial customers whose principal

business is the operation of a commercial laundry shall be charged for use of the city wastewater treatment facility as follows: Minimum monthly bill……………………………………….…………………$12.98 Charges per each 1,000 gallons of metered water use, or portion thereof: 0 to 15,000 gallons……………………………………………………………..$2.61 15,000 to 15,001 gallons………………………………………………………$12.12 15,001 to 35,000 gallons……………………………………………………..…$2.91 35,000 to 35,001 gallons………………………………………………………$11.74 Over 35,000 gallons………………………………………………………….…$2.91

(9) The monthly sewer charges for any customer (residential, commercial, multi-family, institutional, laundry, or other) located outside the corporate limits of the City of Weslaco shall be at the rate of 150% of the rate charged customers inside the corporate limits of the City.

SECTION III: All other provisions of Chapter 138, Article II, Section 138.58, and Section 138.59, and Ordinance 77-16, and Ordinance 67-10 shall remain in effect and are not being amended by this Ordinance. SECTION IV: These amendments to Chapter 138, Article II, Section 138.58, and Section 138.59, shall be in effect after Second and Final Reading of this Ordinance. PASSED AND APPROVED on first reading at regular meeting of the City Commission this 12th day of September, 2013.



PASSED AND APPROVED on second and final reading at regular meeting of the City Commission this 1st day of October, 2013. CITY OF WESLACO ___________________________________ Miguel D. Wise, MAYOR

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



Business Visitor & Event Center

Continue to manage the Business rentals of conference & board rooms

Employ staff & management of all a/v equipment

Manage Visitor Center operations including but not limited to

Tracking numbers of visitors as required by the State of Texas

Management of brochure racks – contacting other centers for updated information

By Winter of 2013

Policies for rental, use & management of Great Hall to be established

By Spring 2014

Great Hall to be constructed and operational

Commercial Development

Work with SDI & other commercial developers to attract another major commercial development to Weslaco

Work to identify a public/private partnership for the redevelopment of Business 83 from Texas to Airport

Expand area for business granting guidelines

Quality of Place

Work on a plan for a Hike & Bike System around Weslaco

Continue to work with Farmers Market Alliance

Central Business District -- Weslaco 100 & Façade Improvement

Continue to promote & recruit business to locate in Central Business District

By September 2014

Complete 5 façade improvements

Bring 3 buildings to code & occupancy ready

Work on a public/private partnership to attract culture and arts downtown

Mid Valley Industrial Park

Partner with a private sector investor and/or developer to acquire and subdivide an additional 30 acres

Attract an investor/developer to add 40,000 square feet of industrial space

Continue to market the industrial park as “Weslaco’s strategic logistics advantage” for businesses to serve the Rio Grande Market

Recruit 4 companies to locate to the industrial park

Mid Valley Airport Hangars

By Spring 2014

Work on a public/private partnership to construct a set of ten (10) T-hangars or one (1) gang hangar

Promote Mid Valley Airport as the airport of choice for business & general aviation

Marketing & Promotion

Brand Weslaco as the attractive, vibrant, business friendly CENTER of the Rio Grande Valley

Promote cleanup, landscaping, & beautification of the community – especially the commercial corridor

Serve as a key point of contact, to advocate & facilitate business expansion & development

Promote Mid Valley Airport as the airport of choice for business & general aviation

Continue Alfresco Weslaco as a marketing tool for business attraction & expansion

Economic Development Corporation of Weslaco

Work Plan – FYE 2014

Weslaco, the vibrant business-friendly CENTER of the Rio Grande Valley




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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director Subject: WTP, WWTP and Lift Station System- Chemicals, Sludge and Outside Services Discussion: Discussion and consideration to authorize awarding to the most advantageous vendor for chemicals, sludge and outside services necessary for the operation of the Water, Wastewater, and Lift Station systems, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Fiscal Note: Amount: $

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

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”): N/A Responsibilities upon Approval: Upon approval, city secretary’s office will convey executed documents and forward a copy to the Public Utilities department.
















Date of Meeting: 10/01/13

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

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: Agreement with Garcia and Pena, CPAs for professional accounting services for the fiscal year ending September 30, 2013. Discussion: Discussion and consideration to approve an agreement with Garcia and Pena, CPAs for professional accounting services for the fiscal year ending September 30, 2013. Fiscal Note: Amount: $ 63,450 Term of Impact: Identified in Current Budget: Y/N Additional Action Prompted: [ X] 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: 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”): Attachment Responsibilities upon Approval: Finance Department







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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, City Engineer, Planning and Code Enforcement Subject: Discussion and consideration to approve Ordinance 2013-____ an ordinance establishing applicable authority and area; definition of vulnerable road users; restrictions on motor vehicle use; penalties, restitution, defenses; providing for publication and establishing an effective date; providing for penalties by ordinance and Texas laws; repealing prior ordinances; providing for servability Discussion: A need has arisen to incorporate regulations regarding the use of motor vehicles on or about the area where pedestrians may locate, and further the health, safety, and interests of the public generally. Fiscal Note: Amount: $ 0 Term of Impact: [#] year(s) Identified in Current Budget: Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [X ] Resolution [X] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Staff will proceed with documentation.





AN ORDINANCE ESTABLISHING APPLICABLE AUTHORITY AND AREA; DEFINITION OF VULNERABLE ROAD USERS; RESTRICTIONS ON MOTOR VEHICLE USE; PENALTIES, RESTITUTION, DEFENSES;

PROVIDING FOR PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR PENALTIES BY ORDINANCE AND TEXAS LAWS; REPEALING PRIOR ORDINANCES; PROVIDING FOR SERVABILITY; AND ORDAINING OTHER MATTERS RELATED TO THE SUBJECT HEREOF.

WHEREAS, a need has arisen to incorporate regulations regarding the use of

motor vehicles on or about the area where pedestrians may locate, and further the health, safety, and interests of the public generally; and

WHEREAS, in accordance with Article VI, Section 1 of the City of Weslaco

Charter, the enumeration of powers made in this Charter shall never be construed to preclude, by implication or otherwise, the city from exercising the powers incident to the enjoyment of local self-government, nor to do any and all things not inhibited by the Constitution and laws of the State of Texas; and

WHEREAS, pursuant to Texas Local Government Code section 51.001, the City

has authority to adopt ordinances that are for the good government, peace, or order of the municipality or for the trade and commerce of the municipality and that are necessary to carry out powers granted to the City; and

WHEREAS, pursuant to the Texas Constitution, article XI, section 5, and Texas

Local Government Code section 51.072, the City, as a home-rule municipality, has full power of local self-government.

BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE CITY OF

WESLACO, TEXAS, THAT:

SECTION 1. AUTHORITY; AREA.

A. The City of Weslaco hereby adopts and enacts this Ordinance that shall be enforceable within the municipality's municipal boundaries and extra territorial jurisdiction. This Ordinance and provisions herewith shall be included in the Weslaco Code of Ordinances.

B. As matters related to the public's health, safety, and welfare is of the

utmost concern, the City of Weslaco shall be authorized to enforce, through its City Attorney, this Ordinance as may be allowed by law herein.



SECTION 2. DEFINITION(S).

"Vulnerable Road User' for purposes of this ordinance shall means:

(a) a pedestrian, including a runner, physically disabled person, community or school volunteers, child, skater, highway construction or maintenance worker, tow truck operator, utility worker, law enforcement personnel acting in furtherance of the color of law, worker with legitimate business on or near the road or right of way, or stranded or detained motorist or passenger;

(b) a person on horseback; and

(c) a person operating equipment other than a motor vehicle,

including, but not limited to: a bicycle, moped, motor-driven cycle, or motor-assisted scooter.

SECTION 3. RESTRICTIONS ON OPERATING A MOTOR VEHICLE NEAR

VULNERABLE ROAD USERS.

(a) An operator of a motor vehicle passing or approaching a vulnerable road user operating on a roadway, street, or alley shall:

1. vacate the lane in which the vulnerable road user is located

if the highway or street has two or more marked lanes running in the same direction; and

2. pass the vulnerable road user at a safe distance and speed

(b) For the purposes of subsection 3(a), when road or travel conditions

allow, a safe distance is not less than:

1. three feet if the operator's vehicle is a passenger car or light truck;

2. six feet if the operator's vehicle is a truck, other than a light

truck, or a commercial motor vehicle as defined by Texas Transportation Code Section 522.003.

(c) An operator of a motor vehicle that is making a left turn at an

intersection, including an intersection with an alley or private road or driveway, shall yield the right of way to a vulnerable road user who is approaching f r o m the opposite d i r e c t i o n and is in intersection, or is in such proximity to the intersection as to be an immediate hazard.



(d) An operator of a motor vehicle may not overtake a vulnerable road

user traveling in the same direction and subsequently make a right hand turn in front of the vulnerable road user unless the operator is safely clear of the vulnerable road user, taking into account the speed at which the vulnerable road user is traveling and the braking requirements of the motor vehicle making the right hand turn.

(e) An operator of a motor vehicle may not maneuver the vehicle in a

manner that:

1. is intended to cause intimidation or harassment to a vulnerable road user; or

2. threatens a vulnerable road user.

(f) An operator of a motor vehicle shall exercise due care to avoid

colliding with any vulnerable road user on a roadway or in an intersection or roadways.

SECTION 4. PENALTIES; RESTITUTION.

(a) All penalties for violators of this ordinance shall be subject to a

Class C misdemeanor with a fine between $50.00 - $500.00. A violation shall be subject to the provisions contained in "Traffic" City of Weslaco Code of Ordinances, Sections 134-1 -134-6. Violators shall also be subject to Texas Local Government Code §431.001, Texas Transportation Code §542.202(a)(2), Texas Penal Code, and any other applicable laws. A violator shall also be subject to the maximum penalties allowed by law for failing to appear in Court when charged with an offense as described herein.

(b) Should a violation proximately result in property or other harm,

restitution may be ordered.

(c) It is an affirmative defense to prosecution under this ordinance if at the time of the offense; the vulnerable road user was acting in violation of law.

SECTION 5. CUMULATIVE CLAUSE; REPEALING CLAUSE.

The ordinance shall be cumulative of all ordinances dealing with the same subject and any provision in conflict with this ordinance is hereby repealed and the provisions of this Ordinance supersedes. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part thereof.



SECTION 6. PUBLICATION AND EFFECTIVE DATE.

The importance of the subject matter of this Ordinance is such as to create an emergency and the reading of this Ordinance on two (2) separate readings is hereby waived and dispensed with and this Ordinance shall take effect and be in force from and after its passage and approval in accordance with Section 17, Article 5 of the Charter of the City of Weslaco, Texas Publication.

SECTION 7: PROPER NOTICE AND MEETING.

It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.

APPROVED AND PASSED on the first reading the 1st day of October, 2013 by the City Commissioners of the City of Weslaco, Texas.

APPROVED AND PASSED on the second reading the ____ day of October, 2013

by the City Commissioners of the City of Weslaco, Texas.

THE CITY OF WESLACO

________________________ Miguel D. Wise, Mayor ATTEST: _______________________________ Elizabeth M. Walker, City Secretary APPROVED AS TO FORM: ____________________________ Ramon Vela, City Attorney




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

From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Discussion and consideration to approve the Election Services Contract with the Hidalgo County Elections Department to conduct the City of Weslaco General Election of November 5, 2013 pursuant to Texas Election Code Chapter 271, and authorize the Mayor to execute any related documents. Possible action. Discussion: Final costs to be determined for City election expense only. Fiscal Note: Amount: $ TBD Term of Impact: [1] year(s) Identified in Current Budget: Y 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: July 30, 2013 – Commission issued an Election Order for General Elections If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: None required. Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approve as presented. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Proposed contract with voter flyer and precinct map Responsibilities upon Approval: Mayor will execute contract; City Secretary will convey to Hidalgo County Elections Administrator for full execution




1

THE STATE OF TEXAS §

§ CONTRACT FOR ELECTION SERVICES COUNTY OF HIDALGO §

This Contract is entered into by and between the HIDALGO COUNTY ELECTIONS ADMINISTRATOR, Yvonne Ramón, hereinafter referred to as “ADMINISTRATOR”, on behalf of Hidalgo County, a political subdivision of the State of Texas, and the CITY OF WESLACO, hereinafter referred to as the “ENTITY”, pursuant to Texas Election Code Section 31.092.

RECITALS

WHEREAS, the ENTITY, by appropriate action of its governing body acting in

accordance with all applicable laws, has called an election to be held on November 5, 2013.

WHEREAS, pursuant to Section 31.092(a) of the Texas Election Code, the County Election Officer may contract with the governing body of a political subdivision situated wholly or partly in the county served by the officer to perform election services in any one or more elections ordered by an authority of the political subdivision; and

WHEREAS, pursuant to Section 31.091(1) of the Texas Election Code, the County

Election Officer means the Elections Administrator for Hidalgo County; and

WHEREAS, the ENTITY is a political subdivision in Hidalgo County that desires the

County to conduct and supervise the November 5, 2013, election of the ENTITY (the “Election”); and

WHEREAS, the ENTITY and the COUNTY, through the ADMINISTRATOR, desire to

enter into a contract setting out the respective responsibilities of the parties; and

WHEREAS, the COUNTY agrees to perform election services for the ENTITY; and

WHEREAS, ADMINISTRATOR has provided costs for election services to be

rendered by ADMINISTRATOR’S office pursuant to the terms of this Contract, which costs are set out in Article V1 hereof; and

NOW, THEREFORE, the COUNTY, through the ADMINISTRATOR, and the ENTITY for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, do hereby agree to hold contract, covenant and agree as follows:



2

ARTICLE I PURPOSE

1.01. The parties hereto have entered into this Contract for election services described in

Article II to be provided to the ENTITY for its election to be held on November 5, 2013, and any Runoff, if applicable.

ARTICLE II SERVICES

2.01. The COUNTY, through the ADMINISTRATOR, agrees to provide to the ENTITY the

following:

(A) Procure, provide, prepare, program and distribute Direct Recording Electronic (DREs) voting systems and necessary election equipment, as well as an ADA voting system, and transport equipment to and from the polling locations, including early voting substations, for the ENTITY;

(B) Prepare and provide Direct Recording Electronic training for election workers;

(C) Prepare and provide Logic and Accuracy testing on ENTITY’s election ballot for every iVotronic voting machine to be utilized by ENTITY during early voting and election day;

(D) Procure, provide, prepare and program Electronic Poll Book(s) per polling location with the

Voter Registration Database. To include laptop(s), training for poll book , insurance, and delivery fee, as well as supplies such as, but not limited to labels and printer;

(E) Provide and prepare all mail-in ballot supplies, including applications, paper ballots,

envelopes and postage;

(F) Provide training for Judges/Clerks;

(G) Prepare, distribute, and publicize notice of election (Texas Election Code Section 4.003.a1) and early voting and election day schedules in newspaper;

(H) Procure, provide, prepare, and distribute all necessary election supplies, including:

1) Ballots (preparation and distribution only); 2) Election kits and election paperwork; 3) Ballot boxes and voting booths

(I) Provide cages and covers, cage kit, to include, but not limited to surge protectors, tape,

printer, headphones and scanner as well as supplies such as bags, aprons, clipboards, pens, pencils, rulers, magnifiers, inkpads, screen cloths, sanitizers and badges;

(J) Procure early voting polling places and election day polling places, as ordered;

(K) Prepare Writ of Election to election officers and notice of appointment to Presiding and

Alternate judges, as required by law;

(L) Notify the election judges of the date, time and place of the election;



3

(M)Procure and pay election judges and clerks for early voting and election day voting;

(N) Provide the general overall supervision of the Election and provide the advisory services in

connection with the decisions to be made and the actions to be taken by the ENTITY;

(O) Procure and pay Ballot Board members;

(P) Provide information for election officers;

(Q) Prepare U.S. Department of Justice pre-clearance for the election;

(R) Prepare any submission of voting changes to be submitted to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, as amended for the election;

(S) Provide such incidental related services as may be necessary to effect the election;

(T) Serve as the Early Voting Clerk; and

(U) Establish a Central Counting Station for the purpose of tabulating ballots.

(V) Tabulate election results in preparation for ENTITY’s canvassing.

2.02 The ENTITY shall be responsible for performing the following:

(A) Payment of all necessary election supplies as required by the COUNTY, including but not limited to ballots, election kits, mail-in ballot supplies, laptop rental, labels and combination forms;

(B) Pay the cost of judges and election workers for hourly pay submitted by the

County Elections Administrator at the rate of $9.00 per hour for Election Judges and $8.00 per hour for Alternate Judges and Early Voting Clerks for both Early Voting and General Election and pay the cost for training of Judges and Clerks at the rate of $7.00 per hour per person.

(C) Reimburse the COUNTY for liability insurance coverage for election workers

employed for both Early Voting and General Election;

(D) Canvass the Election results for the ENTITY’S governing body;

(E) Prepare and submit to the Secretary of State the Precinct by Precinct reports;

2.03 As stated in Section 31.096 of the Texas Election Code, this Contract may not change:

(1) the authority with whom applications of candidates for a place on a ballot are filed; (2) the authority with whom documents are filed under Title 15; or (3) the authority to serve as custodian of voted ballots or other election records, except that the contract may provide that the County Election Officer will be the custodian of voted ballots. Under this Contract, the Hidalgo County Elections Administrator shall be the custodian of voted ballots.

2.04 The ADMINISTRATOR shall be the agent of the ENTITY for the purposes of



4

contracting with third parties with respect to the election expenses within the scope of the County Elections Administrator’s duties;

2.05 The COUNTY shall file copies of this Contract with the County Treasurer and the

County Auditor; and 2.06 In accordance with Section 31.100(b) of the Texas Election Code, only actual expenses

directly attributable to this Contract may be paid. The ADMINISTRATOR shall submit the actual costs for items contracted pursuant to the Contract with the ENTITY no sooner than ten (10) days after the Election and/or as soon as all invoices from third party vendors are received.

ARTICLE III SCHEDULE FOR PERFORMANCE OF SERVICES

3.01. Specific services to be provided related to the general services identified in Article II

shall be performed in accordance with the time requirements set out in the Texas Election Code.

ARTICLE IV SERVICES NOT PROVIDED BY COUNTY

4.01 ADMINISTRATOR shall have no responsibility for insuring the passage of the

appropriate ELECTION ORDER by the ENTITY, publishing and (or) posting the election ORDER as required by the Texas Election Code Section 3.004(3), or Texas Election Code 67.002(2) which is canvassing election results.

ARTICLE V

TERM 5.01. Except as hereinafter set out, the term of this Contract shall be from the time of execution

until all items with respect to this Contract and the election held hereunder have been completed.

ARTICLE VI COST OF SERVICE AND BILLING

In consideration for the services provided hereunder by ADMINISTRATOR, the ENTITY

agrees to pay ADMINISTRATOR for the following costs of services: 6.01 iVotronic Voting Machines:

A. One base charge of $150.00 for Programming iVotronic ballot for voting machines, a $25 additional charge per additional ballot styles and a minimum of a $10 charge for Request Changes on Programmed Ballot;

B. Base charge for Audio Setup of $300 for English/Spanish; C. A $10.00 recording fee for Audio Files for each Contest and/or Office; D. A $10.00 recording fee for Audio Files for each

Proposition/Amendment/Charter/Instructions; E. A $10.00 recording fee for Audio Files for each Candidate and/or Responses; F. Cost of creating election media, such as, but not limited to Personal Electronic

Ballot cartridges (PEB), compact flash cards, labels, bags, keys, etc.;



5

G. The amount of $150.00 leasing fee for each iVotronic and $150.00 leasing fee for each ADA iVotronic;

H. Cost of delivery and pick-up of iVotronics for Early Voting and Election Day to include fuel charge and mileage at COUNTY’s cost;

I. The above described fees for each machine and programming fee shall be additionally charged for any Runoff Election.

6.02 Electronic Poll Book:

A. Database access at $100.00 per day; B. Laptop rental, magnetic card swipes, bar code scanner, Dymo printers, insurance and

delivery fee of $150.00 per location; C. Printer label fee of $.03 per label (price subject to change); D. Creation of separate Username and password for each polling location at $20.00

per location; 6.03 Fee for Early Voting and General Election Combination forms, maps and election kits.

One-hundred sample ballots at no charge with additional sample ballots at twenty cents per copy; No charge for provisional bags, table tops if necessary, ballot box (es), custom signs and flags;

6.04 Reimbursement of ballot supplies, including applications, paper ballots, correspondence,

envelopes and postage at COUNTY’s cost; 6.05 Reimbursement fee for publications of all notices and newspaper advertisements;

6.06 Reimbursement rental fees incurred for early voting polling places and election day

polling places, as ordered; 6.07 Cost of judges and election workers for time worked to be submitted to the ENTITY by

the ADMINISTRATOR. The ENTITY shall reimburse the COUNTY for cost of payroll for election workers at $9.00 per hour for Election Judge, $8.00 per hour for Alternate Judge and Clerk(s); includes cost of payroll for training of Election Judge, Alternate Judge and Clerk(s) at $7.00 per hour per person;

6.08 Pay for the cost of the Ballot Board judge at $9.00 per hour and Ballot Board

clerks at $8.00 per hour; 6.09 One copy of canvass report provided to ENTITY at no charge; each additional canvass

report requested to be reimbursed by the ENTITY at COUNTY’s cost; 6.10 Reimbursement to the COUNTY for liability insurance coverage as set by the County

for all election workers employed for the elections; 6.11 Reimbursement to the COUNTY for the use of wireless cell phones at polling locations

with the rate set by the wireless vendor at the time of usage which may include an additional per minute fee as charged by the vendor;

6.12 Billing:

A. The form of the invoice to be used in the billing by the COUNTY, including a good faith

estimate of costs, is attached hereto as Exhibit A. The ENTITY shall submit to the COUNTY, an administrative fee of ten percent (10%) of the entire estimated cost of the



6

Election, as shown in Exhibit A referenced above. This fee shall be submitted to the County with this signed contract. The parties agree that time is of the essence on this payment obligation. The ten percent (10%) administrative fee is prescribed by Section 31.100(d) of the Election Code.

B. The ADMINISTRATOR shall, as soon as practicable after the Election, prepare and send

an itemized invoice with the actual costs of the Election to the ENTITY. C. Full payment of the remaining balance, if any, shall be made by the ENTITY within

thirty (30) days of receipt of the invoice. D. Payment shall be made by check payable to the Hidalgo County Elections. E. Notice. Except as may be otherwise specifically provided in this contract, 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:

Yvonne Ramón Hidalgo County Elections Administrator PO Box 659 Edinburg, Texas 78540

Mr. Miguel D. Wise Mayor City of Weslaco 255 South Kansas Ave. Weslaco, TX 78596

F. Any balances, if any remain after the payment of all costs of election bills, shall be the

property of the ENTITY and returned to it.

ARTICLE VII 7.01 IF ANY OF THE ELECTION EQUIPMENT IS LOST, STOLEN, DESTROYED, OR

DAMAGED, THE CITY, SCHOOL DISTRICT OR ENTITY WHO LEASED THE EQUIPMENT IS LIABLE FOR THE DAMAGE AND AGREES TO PAY THE ADMINISTRATOR THE COST OF THE REPLACEMENT OR REPAIR OF THE ELECTION EQUIPMENT SO LOST, STOLEN, DESTROYED OR DAMAGED.

ARTICLE VIII

GENERAL PROVISIONS 8.01. This Contract 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.

8.02. In case any one or more of the provisions contained in this Contract shall for any reason

be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.



7

8.03. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreement between the parties respecting the written subject matter.

8.04. No amendment, modification, or alteration of the term hereof shall be binding unless the

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

SIGNED this day of ______________, 2013

APPROVAL COUNTY OF HIDALGO: CITY OF WESLACO

ENTITY BY:

RAMON GARCIA BY: COUNTY JUDGE

PRINT: MIGUEL D. WISE

TITLE: MAYOR ATTEST:

BY:

ATTEST

ARTURO GUAJARDO, JR. BY: COUNTY CLERK

PRINT: ELIZABETH WALKER

ELECTIONS ADMINISTRATOR

BY:

YVONNE RAMÓN APPROVED AS TO LEGAL FORM:

TITLE: CITY SECRETARY

HIDALGO COUNTY ASSISTANT CRIMINAL DISTRICT ATTORNEY

BY:

JOSEPHINE RAMIREZ SOLIS



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WESLACO

Hidalgo CountyElections DepartmentWeslaco City DistrictsSeptember 20, 2013Legend

Amended_Precincts123456



















City of Weslaco “The City on the Grow”

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

David R. Fox, Commissioner, District 1 Olga M. Noriega, Commissioner, District 3

Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5

Joe A. Martinez, Commissioner, District 6

Leonardo Olivares, City Manager

City Manager’s Report 1 October 2013 Departmental Update • Airport

o National Guard Aviation is basing 3 aircraft at Weslaco Mid Valley Airport in Support of Law Enforcement Operations. We will see an increase in jet fuel sales over this period.

• City Secretary’s Office o Conducted a Candidates’ Orientation and Drawing for the Place on the Ballot and

conveyed a draft ballot to the Hidalgo County Elections Department. o Initiated project to scan most deteriorated plats and maps for permanent retention.

• Finance Department

o Worked on ICMA Police & Fire Personnel, Salaries and Expenditures Survey. o Worked with HR to match all budgeted positions for upcoming fiscal year. o Reviewed receivable accounts/payable accounts. o Completed second reading of the 2013-14 Fiscal Year City of Weslaco Budget. o Met with BBVA Compass representatives to discuss ways to improve security and

returns.

• Fire Department o Supported Payne Motors Grand Opening on September 7. o Structure Fire at Rio Valley Estates 715 N. Westgate on September 9. One fatality. o Successfully transmitted via the net our first EKG on an actual call.

• Homeland Security Department

o Regional Communications Center: Lower Rio Grande Valley Development Council is moving forward with Architectural drawings for the 911 department for submission to Code Enforcement for approval. Construction on Communication center will begin in the next two weeks.

• Information Technology Department o Fiber project 75% complete. o Assisted the Mayor Joe V. Sanchez Public Library staff with reinstallation of patron

computers. o IT continues to work on templates for the new City website which is expected to be

operational before the end of this year.



“The City on the Grow”

o IT attended the National Association of Government Web Professionals National Conference on September 23-27.

• Library Department o The Wall Remodeling Project is moving along very well. The carpet has been

removed, walls have been repaired and textured, and 95% of the painting is done. We are still on pace to re-open the main library building Monday, September 23, on schedule. The library is planning a ribbon cutting event for Wednesday, October 16 at 10am.

o The public has responded well to the movement of services to the Porter Doss Building. We have only seen a moderate downturn of statistics, and we have received very few complaints.

• Municipal Court o Fines, court costs and other amounts collected for the month of August 2013:

Kept by City: $58,078.11 Remitted to State: $23,223.2740 cases were set for pretrial.

• Parks/Recreation

o Tilled and planted Bermuda seed at Isaac Rodriguez, Pecan Grove, City Park, Harlon Block, Gibson, Cavazos, and Plazita. Taking advantage of the rain fall.

o Replaced swings at Cavazos Park. o Started rubber mulch project at Gibson Park. It was delayed due to the rain.

• Planning /Code Enforcement

o The grant application requesting funds from FEMA to assist in the mitigation of the on-going flooding issues in Las Brisas was submitted to the State of Texas.

o The City Health Inspector attended the Food and Drug Administration seminar on Retail Food Safety.

o Staff met with the Metropolitan Planning Organization staff to discuss future growth and its relationship with existing and proposed roadways.

o A review of the Functional Classification map for City roadways was conducted by staff.

o Staff met with the City of Donna Planning Director and City Manager to discuss Weslaco’s annexation plan.

• Police Department o 39 adult arrests since Saturday, September 14 o 16 Adult transports to County jail o 5 Juvenile detentions o Conducted a meeting with WISD officials in order to work on truancy issues. Have

joined with the school coalition and will be attending monthly meetings.



“The City on the Grow”

o Officer James Riveria has been selected by the US Marshalls to be a member of their task force. He will be assigned in the next several weeks. This will mean an opening for a juvenile officer.

• Public Facilities Department o Public Facilities continues with pothole repairs. o The Department continues to clean drainage inlets for easy water flow.

• Public Utilities Department

o Power failure at water treatment plant required engaging backup generators. On Tuesday, September 17 the backup generator failed resulting in the rental of a standby generator. Electricians connected main power to restore plant operations and also connected a standby generator rental. Generator rental equipment will be for a one week period while the primary generator is repaired.

o A walkthrough of water and wastewater plants was conducted on September 19 and 20 with OMI staff in preparation for transition.

• Upcoming Meetings & Events o 23 Annual Super Conference; Groundwater & Surface water (October 7-10; Austin) o Weslaco Candidates’ Forum (October 7) o TML Annual Conference (October 8-11; Austin) o TML Reception; AEP (October 10; Austin)

• Media

o Weslaco EDC, Cameron County latest to consider buying Donna bridge (The Monitor, September 26)

o Weslaco, Mercedes land battle heads to the courts (The Monitor, September 24) o Police looking for person of interest in Weslaco homicide (The Monitor, September

24) o Budget still a question mark for Weslaco EDC (The Monitor, September 19)



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Documents

13 10 01 agenda supplements