13 10 15 agenda supplements

Date of Meeting: October 15, 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 Rene Vega from Laborers of Love & Hope 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 15, 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




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

From (name, title, department and who submitting on behalf of, if any): Leonardo Olivares, City Manager/ CMO Subject: In compliance with the Consolidated Plan for Community Planning & Development (CDBG), the City of Weslaco will conduct a public hearing to solicit input from interested parties on the City of Weslaco’s needs under the 27th year Urban County Program Year 2014. Discussion: The overall goals for the Consolidated Plan are to strengthen partnerships with jurisdiction, to extend and strengthen partnerships among all levels of government and the private sector, including profit and nonprofit organizations, to enable them to provide decent housing, to establish and maintain a suitable living environment, and to expand economic opportunities for every citizen, particularly for very low income persons. The City of Weslaco will hold a public hearing at 6:000 pm on October 15, 2013 in the Legislative Chambers at 255 S. Kansas Ave. Weslaco, TX. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: 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: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval:




PUBLIC HEARING NOTICE CITY OF WESLACO

URBAN COUNTY PROGRAM

In compliance with the Consolidated Plan for Community Planning & Development (CDBG), the City of Weslaco will conduct a public hearing to solicit input from interested parties on the City’s needs under the Urban County Program Fiscal Year 27 (2014). The overall goals for the Consolidated Plan are to strengthen partnerships with jurisdiction, to extend and strengthen partnerships among all levels of government and the private sector, including profit and nonprofit organizations, to enable them to provide decent housing, to establish and maintain a suitable living environment, and to expand economic opportunities for every citizen, particularly for very low income persons. The public hearing will be held on Tuesday, October 15, 2013 at 6:00 P.M. at the following location:

City of Weslaco

Legislative Chamber 255 S. Kansas

Weslaco, TX 78596

The City of Weslaco anticipates an allocation of approximately $308,702.00 based on last year’s allocation. Listed below is a partial listing of eligible activities. Public Facilities Needs Senior Centers Youth Centers Neighborhood Facilities Parks and Recreation Facilities Health Facilities Child Care Facilities Parking Facilities Infrastructure Improvement Needs Flood Drain Improvements Water Improvements Sewer Improvements Street Improvements Public Service Needs Senior Services Handicapped Services Youth Services Child Care Services Accessibility Economic Development Needs Technical Assistance Lead-Based Paint/Hazard Abatement Code Enforcement Emergency Shelter Needs Housing Needs Community Planning Program Administration Accommodations for individuals with handicaps shall be provided upon request. For more information, please come by our office or call (956) 968-3181. Written comments can be forwarded to:

Mayor Miguel D. Wise

City of Weslaco 255 S. Kansas, Weslaco, TX 78596



AVISO DE AUDENCIA PUBLICA

CIUDAD DE WESLACO

PROGRAMA URBANO DEL CONDADO DE HIDALGO

En cumplimiento con el Plan Consolidado para la Planificación y Desarrollo Comunitario (CDBG), la ciudad de Weslaco llevará a cabo una audiencia pública para solicitar la opinión de las partes interesadas en las necesidades de la ciudad bajo el Programa Urbano del Condado de Hidalgo, del año fiscal 27 (2014). Los objetivos generales del Plan Consolidado son el fortalecimiento de las asociaciones con jurisdicción a fin de ampliar y fortalecer las alianzas entre todos los niveles del gobierno y el sector privado, incluidas las organizaciones sin fines de lucro y, a fin de que puedan proporcionar una vivienda digna, para establecer y mantener una vida adecuada en el medio ambiente, y para ampliar las oportunidades económicas para todos los ciudadanos, en particular para las personas con ingresos muy bajos. La audiencia pública se llevará a cabo el Martes, 15 de Octubre 2013 a las 6:00 P.M. en la siguiente ubicación:

Municipalidad de la ciudad de Weslaco

Cámara de Legislatura 255 S. Kansas

Weslaco, TX 78596

La Ciudad de Weslaco anticipa una asignación de aproximadamente $308,702.00 basado en la asignación del año pasado. A continuación se muestra una lista parcial de las actividades eligible. Necesidades de establecimientos públicos Centros para personas de la tercera edad

Centros para jóvenes Instalaciones del vecindario Instalaciones de parques y recreación Instalaciones de salud Instalaciones para el cuidado de niños Instalaciones de estacionamiento

Necesides de mejoras de infraestructura Mejoras de drenaje de inundaciones

Mejoras de agua Mejoras de alcantarillado Mejoras de calles

Necesidades de Servicios Públicos Servicios para personas de tercera edad

Servicios para discapacitados Servicios para jóvenes Servicios de cuidado infantil

Accesibilidad Necesidades de desarrollo económico Asistencia Técnica Pintura con base de plomo / Reducción de Riesgos Aplicación del código Necesidades de vivienda de emergencia Necesidades de vivienda Planificación de la Comunidad Administración del Programa Alojamiento para las personas con discapacidad se puede proporcionar a petición. Para obtener más información, por favor venga a nuestra oficina o llame al (956) 968-3181. Los comentarios escritos pueden enviarse a:

El Alcalde Miguel D. Wise De la Ciudad de Weslaco

255 S. Kansas, Weslaco, TX 78596



Urban County Program CDBG Year 27 (2014)

Calendar September 24, 2013 Send out Memorandum to cities on New Year Calendar & schedule one-on-one training if necessary requested: October 1-31, 2013 Cities and Precincts must hold a Needs Assessment Public Hearing

Emphasize public attendance and input. Keep attendance log and minutes for meeting. Provide public with information about how past years funding/spending. Obtain input about public needs and provide and answers to questions. If suggestions from the public are not included in plan, the city/precinct must explain why.

November 15, 2013 Preliminary Work Plans due at the Urban County Program Office Cities must submit preliminary work plans or forfeit their funds. Coordinator will schedule one-on-one meetings with city staff to review the work plans. Each activity should be well documented and must include photos, base maps, flood zone maps, census tracts, beneficiaries, engineering cost estimates and estimated length of time to complete and estimated start date.

January 3, 2014 Preliminary Work Plans returned to City/Precinct with comments and/or

corrections. February 21, 2014 Final Work Plan is due at UCP Offices.

Work plan submissions should include a copy of City Council approved resolution, minutes and sign in sheet.

February 24, 2014 UCP Staff begins preparation of the 1-Yr. Action Plan 1-Yr. Action Plan (drafted from Year 27 (2014) Work Plans, to include narratives, maps, environmental documents, etc.).

March 21, 2014 Public Notice advertising the proposed 1-Yr. Action Plan (30 Day Comment Period begins) April 21, 2014 30 Day Comment Period ends. April 29, 2014 UCP staff publishes public hearing notice for 1-Yr. Action plan. Public

hearing will be held in Hidalgo County Commissioners’ Court (HCCC). May 6, 2014 Public hearing held before HCCC requesting approval of 1-YR Action

Plan. May 8, 2014 UCP staff submits 1-Yr. Action Plan to HUD office in San Antonio, Texas June 30, 2014 Audits are due in UCP Office (before 5:00 p.m.) from cities



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A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, OCTOBER 1, 2013

On this 1st day of October 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 Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Joe A. Martinez

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Rey Garcia, IT Director; Bret Mann, Finance Director; Jeff Underwood, Planning & Code Enforcement Director; David Arce, Parks & Recreation Director; David Salinas, Public Utilities Director; Police Chief Michael Kelly; Fire Chief Santiago Cuellar; Arnold Becho, Library Director; Mardoqueo Hinojosa, City Engineer; and several other staff members and citizens. I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Pro-Tem Cuellar called the meeting to order and certified the public notice of the meeting as properly posted Friday, September 27, 2013.

B. Invocation. Pastor Bob Speer from Grace Episcopal Church delivered the invocation.

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

D. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting Mayor Wise as absent.

II.

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

A. Approval of the Minutes of the following: 1) Special Meeting of September 16, 2013. 2) Regular Meeting of September 17, 2013.



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

B. Approval of 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, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Requested by Public Utilities Department.) Attachment.

C. 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. (Requested by Office of the City Secretary.) Attachment.

D. Approval of Resolution 2013-71 opposing the Texas Department of Transportation “Highway Transfer Turnback Program” and authorize the Mayor to execute any related documents. (Requested by Planning and Code Enforcement Department.) 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. (There was no action on this item September 17, 2013; Requested by Public Utilities Department.) Attachment.

F. Approval of the assignment of Hanger Number W2, located at the Weslaco Mid Valley Airport, from Sandra S. Remy, as Successor-in-Interest to Richard A. Remy, to Chachalaca Aero, L.L.C., a Texas limited liability company, and authorize the Mayor to execute any related documents. (Requested by Airport Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Pro Tem Cuellar was present, but not voting. For the record, Resolution 2013-71 reads as follows:

RESOLUTION NO. 2013-71 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-



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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 1st day of October, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

III. APPOINTMENTS

A. Discussion and consideration to approve Resolution 2013-75 replacing one member to an unexpired term on the Board of Directors of the Economic Development Corporation of Weslaco. Possible action. (Requested by Economic Development Corporation of Weslaco.) Attachment. There was no action on this item.

B. Discussion and consideration to approve Resolution 2013-73 confirming the appointment by the City Manager of a member to an expired term on the Civil Service Commission as per Local Government Code §143.006. Possible action. (Requested by Human Resources Department.) Attachment. The City Manager recommended reappointing Blanca Munoz to the Civil Service Commission. Ms. Munoz was present to accept the nomination. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Resolution 2013-73 confirming the reappointment by the City Manager of Blanca Munoz as a member to an expired term on the Civil Service Commission. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-73 reads as follows:

RESOLUTION NO. 2013-73

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



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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 _Blanca Munoz__ on the Civil Service Board and the term will begin on October 19, 2013 and expire on October 19, 2015. PASSED AND APPROVED on this 1st day of October, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

C. Discussion and consideration of Resolution 2013-74 appointing a member, an alternate member, and three designate proxy members to the Hidalgo County Metropolitan Planning Organization (MPO) and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that the MPO programs allocate funds for transportation projects. The current representative is Commissioner Tafolla with the alternates as Mayor Wise, Commissioner Fox, Commissioner Rivera and himself. Since the Mayor has resigned this item is being brought before the Commissioner for consideration. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Resolution 2013-74 appointing Commissioner Tafolla as member, Commissioner Martinez as alternate, and Jeff Underwood, Leonardo Olivares, and Mardoqueo Hinojosa as proxies to the Hidalgo County Metropolitan Planning Organization (MPO) Transportation Policy Committee for fiscal year 2013. Commissioner Noriega clarified that they were removing Mayor Wise, Commissioner Fox and Commissioner Rivera. The motion carried; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Resolution 2013-74 reads as follows:


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



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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 _Commissioner Jerry Tafolla__ be appointed as the official member on the MPO Board of Directors.

BE FURTHER RESOLVED that _Commissioner Joe A. Martinez_ 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 privileges assigned, including _Jeff Underwood__, _ Leonardo Olivares_, _Mardoqueo Hinojosa , and a copy of this Resolution, which supersedes any previous appointment, shall be delivered to the MPO Office to evidence these appointments.

PASSED AND APPROVED this 1st day of October, 2013. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY Commissioner Fox and Commissioner Rivera arrived at the dais.

D. Discussion and consideration to approve Resolution 2013-72 appointing a member to an expired term on the Parks and Recreation Advisory Board. Possible action. (Requested by Parks and Recreation Department.) Attachment. The City Manager stated Mr. Richard Lopez’s term is set to expire October 19; Mr. Lopez was present. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve Resolution 2013-72 reappointing Richard Lopez to the Parks and Recreation Advisory Board. The motion carried unanimously; Mayor Pro Tem Cuellar was present, but not voting. For the record, Resolution 2013-72 reads as follows:


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

WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; however, following the restructuring of this Board to consist of seven members, 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 _Richard Lopez_ is appointed to serve a three year term on the Parks & Recreation Advisory Board and the term will begin on October 19, 2013 and end on October 19, 2016. PASSED AND APPROVED on this 1st day of October 2013.



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

IV. OLD BUSINESS

A. Discussion and consideration to approve on Second and Final Reading Ordinance 2013-26 amending §1 of Ordinance 77-16 and §1 of Ordinance 67-10 by providing for a new schedule of rates to be charged for treated water delivered through the system of the Public Utilities Department of the City of Weslaco and providing for a new schedule of rates to be charged for the use of wastewater treatment facility of the City of Weslaco, and ordaining other matters with respect to the subject matter hereof. Second reading of Ordinance 2013-26. Possible action. (Approved on First Reading September 12, 2013; Requested by Public Utilities Department.) Attachment. The City Manager stated that there was no plan to increase residential rates this year, with none identified in the draft budget as filed with the City Secretary’s Office in August, the public hearings held, nor first and second readings of the budget ordinance and first reading of this ordinance. He clarified previously there was a Resolution unanimously approved by the Commission to increase rates over the next five (5) years to pay for major water infrastructure investments. The Commission increased residential water rates 18% then 17% in the past two years. According to the Charter the Commission must affix the rates by ordinance. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. Mayor Pro-Tem Cuellar stated at the advice of Mr. Jeff Snowden there will be 8,500 residential accounts that will not see an increase to their water rates. There are 1,050 commercial family accounts and 195 multi-family accounts that will see an increase to their water rates, but that increase will be borne by the owner of the building and not its residential customers, unless the owner chooses to pass it on. Mayor Pro-Tem Cuellar proposed if any residents of multi-family units receive any increase, then those residents come to the City and the City Manager can adjust their rates to show no increase. Secondly, he proposed a 2% decrease to the 8,500 residential accounts. Commissioner Rivera, seconded by Commissioner Martinez, amended the motion to reduce residential rates by 2% this year and authorize the City Manager to adjust the rate to multi-family residents match the residential rate. City Manager asked how much a 2% decrease in residential rates would affect the projected revenues for this year. Mr. Snowden responded that it would be a decline of about $92,000.00 per year but the amount should be offset by the commercial rate increase.



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In response to Commissioner Noriega, the City Attorney stated in her official capacity she may reference the flyer that is the subject of her Temporary Restraining Order. In response to Commissioner Noriega, Mr. Salinas stated the rate assigned is based on the meter classification. In response to Commissioner Noriega, Mr. Snowden assured the City will be able to meet its bond payments, without needing to continue with the increases set by the five (5) year plan. The City Manager defended the plan, which allows for adjustments by ordinance based on efficiencies and good management. Mr. Mann clarified that based on the restructuring of the rates and increase in population the City should be able to meet its obligations. Mayor Pro-Tem Cuellar stated that the proposed ordinance shifts responsibility to the commercial accounts. Mayor Pro-Tem Cuellar declared both the City Manager and Commissioner Noriega out of order and advised them only to speak when recognized by the chair. In response to Commissioner Noriega’s request for clarification, Mayor Pro-Tem Cuellar responded that the motion is that anyone who receives a residential rate would receive a 2% decrease; any multi-family or commercial account where an individual resident is responsible for the account will receive the same decrease. Mr. Snowden stated that projected revenues would be $687,000.00 net the 2% decrease and could not project the commercial adjustments because it is unknown at this time how many residents will seek a modification. However, under the current rate structure less than 8,000 gallon consumption at a multi-family account is less than the residential rate; therefore he does not believe many multi-family residents would be seeking a modification. The majority of commercial accounts have meter size of 3/4” or 5/8” and would see a 3.6% increase. Mayor Pro-Tem Cuellar reiterated that multi-family accounts already are paying less than the residential rates. In response to Commissioner Noriega, the City Manager stated institutional rates would increase. In response to Commissioner Noriega, Mr. Snowden responded that the projected revenues on wastewater rates would be $480,000.00, which is $183,000.00 increase in revenues. Mayor Pro-Tem Cuellar asked if the Commission over that last three (3) has taken any actions when it came to financial matters that resulted in a mistake where the City was unable to meet its financial obligations. Mr. Mann stated that the Commission has been accurate and conservative in their actions which have resulted in the City saving more money than they had projected. In response to Commissioner Fox, Mr. Snowden stated that a multi-family unit has four (4) units or more. Commissioner Noriega opposed. By roll call vote, the amendment to the motion carried (5-1); Mayor Pro-Tem Cuellar was present and voting. Commissioner Noriega opposed. By roll call vote to approve the ordinance on second and final reading, the motion carried (5-1); Mayor Pro Tem Cuellar was present and voting. Mayor Pro-Tem Cuellar noted for the recorded that residential



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rates had decreased this year by 2%. For the record, Ordinance 2013-26 reads as follows:

ORDINANCE NO. 2013-26

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



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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

Multi Family residents whose water rates increase because of Ordinance 2013-26 affixing the rate structure for “Multi Family Inside City Limits” may request a 2% reduction of their current minimum monthly bill as assigned by the Water Rates prescribed to be “Residential Inside City Limits” from the Weslaco City Manager.

(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



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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



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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



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

B. 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. (There was no action on this item September 17, 2013; Requested by the Economic Development Corporation of Weslaco.) Attachment. The City Manager stated that the EDCW complied with the Development Corporation Act to approve its budget and work plan by the end of fiscal year. Ms. Alicia Aguilar stated that there have been additions over pervious years and a widening of the grant policy. The EDCW Work Plan was approved September 11 and the budget September 30 by the EDCW board of directors. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. Commissioner Noriega stated she did not feel comfortable voting on this item since four (4) of the Commissioners serve on the board and the City Manager has been appointed as the interim director. The City Manager responded state statute permits the arrangement. Ms. Aguilar commented she believes the budget to be transparent, solid, and user friendly. Commissioner Noriega opposed because of the lack of check and balances. The City Manager stated that the City was not doing anything illegal or unethical; it is in compliance with statute. By roll call vote, the motion carried (5-1); Mayor Pro-Tem Cuellar was present and voting.

V. NEW BUSINESS

A. Discussion and consideration to award the best qualified, 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. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated this is for additional services at the treatment plants and identified staff recommendations. Commissioner Rivera, seconded by Commissioner Martinez, moved to award as recommended Award for chemicals, sludge and outside services necessary for the operation of the Water, Wastewater, and Lift Station systems to the following as the



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best qualified, most advantageous bidders: Aluminum Sulfate and Liquid Ammonium Sulfate – General Chemical Performance Products, LLD; Analytical Laboratory Services – Test America Laboratories, Inc.; Chlorine Dioxide – Siemens Water Technologies LLC; Sludge Transportation & Disposal – Terra Renewal West, LLC, authorized a budget amendment as needed, and authorized the Mayor to execute any related documents. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

B. Discussion and consideration to authorize an agreement with Garcia and Pena, CPAs, for professional accounting services for the fiscal year ending September 30, 2013 in an amount not to exceed $63,450.00, and authorize the Mayor to execute any related documents. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated that the City has been working with Garcia and Pena for the past four (4) years and has a good track record. Commissioner Noriega asked if staff had requested Requests For Qualifications for these services. The City Manager responded that the Government Finance Offices Association (GFOA) recommends staying with a particular finance group for five (5) years. Mayor Pro-Tem Cuellar stated that previously the City used Luis Castilleja. In response to Commissioner Fox, Mr. Mann stated the GFOA recommends this practice because the auditor becomes familiar with the organization, but next year the City could request RFQs. The City Manager stated that Garcia & Pena are duty bound to report findings in the management letter and they work closely with the Finance Department. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

C. Discussion and consideration to approve Ordinance 2013-27, the “Safe Passing 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. First Reading of Ordinance 2013-27. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated the proposed ordinance is recommended by the Metropolitan Planning Organization to encourage healthy lifestyles and would regulate vehicular traffic as they approach bicyclists on the street. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

D. 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, authorize a budget amendment as appropriate, and authorize the Mayor to execute



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any related documents. Possible action. (Requested by Office of the City Secretary.) Attachment. Ms. Walker stated the proposed contract is so the Hidalgo County Elections Department may administer early voting and election day activities; staff recommends approval. Commissioner Tafolla asked who recommends where to host the polling locations. Ms. Walker responded that the Commission may make recommendations, as they did early last month when they suggested that early voting be held at the Business, Visitor and Event Center. The Commission also stated that it did not want to participate in the early voting held at South Texas College (STC), citing parking considerations, so the City will not be participating in any cost share with early voting activities held there. Commissioner Noriega asked if residents would still be able to vote at STC even though the City is not participating in the cost. Ms. Walker responded a registered voter of Hidalgo County may vote at any early voting site in the county between October 21 and November 1. In response to Commissioner Tafolla, Ms. Walker stated that the recommendation for the election day site is a collaborative effort. The Commission recommended that a voting center be located on the North side of the Expressway and identified potential facilities. The Elections Department toured the potential sites and made their recommendations. The County Commissioner Court voted last Tuesday to approve the Texas A&M Citrus Center as an election day voting center. Commissioner Martinez asked what considerations were taken when selecting that site. Ms. Walker noted that there were several consideration the first was that Precinct 1 did not wish participate because of parking considerations, the Public Facilities was also not selected because of the new tenants that would occupying the building and the National Guard Armory have been nonresponsive. The Texas A&M Citrus Center on the contrary was very enthusiastic about hosting this year’s election and showcasing their new facility, which has ample room and parking. The Hidalgo County Elections Department as well has the City will be advertising the polling locations. There is a lot of education that needs to be done for this particular election, precinct lines have changed because Weslaco now has two Congressional lines running through it and all voters must present identification when voting. A color map of the precinct lines is available online or at the City Secretary’s Office for a minimal fee. The deadline for to register to vote is October 7th. Commissioner Martinez, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

E. Discussion and consideration to approve the incentive and the Development Agreement between the Economic Development Corporation of Weslaco and Hermes Trading Company, Inc. dba Hermes Music and authorize the Mayor to execute any related documents. Possible action. (Commission authorized the incentive May 7, 2013; Requested by the Economic Development Corporation.) Attachment.



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The City Manager stated that there is a $200,000.00 incentive for Hermes Trading Company to provide television shows, taping, and live event shows. Hermes is proposing a 60,000 foot facility and creating five (5) full time employees. The Development Agreement has been adopted by the EDCW and Commission in principle, because the agreement is over $100,000.00 it is coming back before the Commission for final approval. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

VI. REPORTS

A. Report on Departmental Update, Upcoming Meetings, Appointments, and Feedback. Attachment. The City Manager announced that the Public Utilities Department is now operating its own treatment plant, which began at midnight. Mr. Salinas reported that they had received the keys at midnight to the treatment plants with the last of OMI staffing leaving at 1:00 a.m. and the transition has gone on with out a hitch. The City Manager expressed his appreciation to OMI for the last 20 years of service and commended them for being a great company. The City was able to identify for efficiencies to save on the cost of operations and to pass those savings onto the taxpayers.

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

C. Report on Litigation Status. There was no report.

D. Report on Public Utility Department Operations. This report was received as item VI. A.

E. Report by Parks and Recreation Department. Mr. David Arce stated that with the $100,000.00 that the Commission approved to spend on parks, staff was able to install a play structure at Pecan Grove Park and placed 6” of rubber mulch and rubber mats under the higher traffic areas various City parks. Staff has been working on reseeding the parks by using hydro-fertilization mulch, and stated it was still a work in progress. Staff has also been working on trimming the trees and placing diamond pro dust on the pitching mounds and had received 19 palettes of sod to redo the little league fields. Future projects that the department would like to undertake are turf for soccer fields, canopies, lighting, signage, splash pads, and the installation of a special needs park.



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Mayor Pro Tem Cuellar suggested asking schools to participate in the cost for the special needs parks. Commissioner Noriega asked about the progress being made on the pile of brush at 18th Street Park. Mr. Arce stated that the Public Faculties had been working to clear that out and would follow up on the progress. Commissioner Noriega asked about the Amigos del Valle membership money that is due. City Manager stated hewould be happy to discuss this at a later time.

VII. PUBLIC COMMENTS There were no comments received.

VIII. EXECUTIVE SESSION At 7:20 p.m., Mayor Pro-Tem announced the regular meeting to convene in Executive Session. At 7:48 p.m., Mayor Pro-Tem announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

IX. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Real Property - Discussion with the City Manager to deliberate the purchase and value of real property pursuant to §551.072 of the Texas Government Code. There was no action on this item.

X. ADJOURNMENT With no other business before the Commission, at 7:49 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the January 3, 2013 regular meeting. The motion carried unanimously; Mayor Wise was present, but not voting.

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



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COMMISSIONER, David R. Fox

COMMISSIONER, Olga M. Noriega

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



City of Weslaco Subdivision Ordinance-2013 1

ORDINANCE 2013-22

AN ORDINANCE AMENDING ORDINANCE NUMBER 75-4, THE CITY OF WESLACO SUBDIVISION ORDINANCE, CODIFIED AS APPENDIX B, ARTICLE I, SECTION 26 OF THE WESLACO CODE OF ORDINANCES; ADOPTING NEW SUBDIVISION REGULATIONS; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

BE IT ORDAINED BY THE CITY OF WESLACO:

I. ORDINANCE 75-4, passed and approved on January 21, 1975, The City of Weslaco

Subdivision Ordinance and codified as Appendix B, Article I, Section 26 of the Weslaco Code of Ordinances is hereby repealed in its entirety.

II.

After second and final reading of this Ordinance the new subdivision ordinance will be adopted and codified as Appendix B, Article I, Section 26 of the Weslaco Code of Ordinances and said Article I shall read as follows:

Sec. 26-1.01 - Definitions (a) Generally. Those definitions not expressly prescribed in this section are to be

construed in accordance with the zoning ordinance or other applicable ordinances of the city, or in the absence of such ordinances, then in accordance with customary usage in municipal planning and engineering practices.

(b) Enumeration of specific definitions. The following words, terms and phrases,

when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alley means a minor public right-of-way which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street, and not intended to provide the primary means of access to abutting lots.

Any office means any office referred to in this chapter by title, the person employed or appointed by the city in that position, or duly authorized representatives.

Building setback line means the line within a property defining the minimum permissible horizontal distance between a building and the adjacent street right-of-way line.

Comprehensive general plan means the comprehensive general plan is a statement of public policy containing the goals and objectives of the community, the capital improvement program, the land use plan, the subdivision and zoning regulations,




and other development codes, ordinances, policies and plans or amendments promulgated by the city commission for the quality and orderly growth of the community.

Crosswalk means a public right-of-way, six feet or more in width between property lines, which provides pedestrian circulation.

Cul-de-sac means a street having but one outlet to another street, and terminated on the opposite end by a vehicular turnaround.

Dead-end street means a street, other than a cul-de-sac, with only one outlet. Developer means and shall be used synonymously with the term "subdivider." Engineer means a person duly authorized under the provisions of the Texas

Engineering Registration Act, as heretofore or hereafter a person licensed to engage in the practice of engineering in the State of Texas.

Extraterritorial jurisdiction means that area surrounding the city limits and extending five miles therefrom, except where modified by interlocal cooperation agreements with neighboring cities, the county, or where modified by court order.

Lot means an undivided tract or parcel of land having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.

Low Density Residential Dwellings means single family houses, townhouses, duplexes, triplexes and quad-plexes;

Measuring standard means, where indicated or called for, 1,300 feet shall be measured by using the most direct route utilizing public rights-of-way and/or easements. The city shall make the final determination in all cases.

Median island means a normally landscaped barrier constructed between lanes of traffic.

Net area means the area of a lot, excluding all easements greater than 15 feet in width or length, dedications and/or rights-of-way.

Pavement width means the portion of a street available for vehicular traffic, and where curbs are laid, the portion between the face of curbs.

Planned unit development means a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.

Planner, land or city, means a person having an occupation classified as city or land planning.

Planning and zoning commission means a planning and zoning commission, planning and zoning commission, planning and zoning board, or delegated representative of the city responsible for the proper implementation of the city codes and ordinances. The planning and zoning commission is also responsible for proper city growth and development.




Plat means a map or drawing of a tract of land which presents the developer's plan of his subdivision. As a general rule, the plat will show the tract's location, boundaries and area, as well as individual lot boundaries, proposed streets, utilities, public areas, and other information the city must have to determine whether the proposed subdivision complies with the requirements of local regulations, and a copy of which the developer intends to file for record.

Public utilities means all lines and auxiliary equipment and services necessary to furnish water, sewer and publicly provided services to a subdivision including, but not limited to, the installation cost of all streetlights as determined and established by the utility company servicing such subdivision.

Rural development area means that portion of the city's extraterritorial jurisdiction outside of the corporate limits of the city.

Single-lot variance means an exception to the mandates of this chapter which, due to extreme extenuating circumstances or to a proposed use of a temporary nature to the subject property, may be approved exclusively by the planning and zoning board and which meets the criteria found in section 26-08(b).

Speeds means the 85th percentile speeds, i.e., the speed at or below which 85 percent of vehicles are traveling;

Speed Criteria means the speed that is 5 mph or greater over the legal speed limit (30mph);

Street means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parking, throughway, road, avenue, boulevard, lane, place or however otherwise designated.

(1) An arterial street is a free-flowing street, normally the main thoroughfare through a community, receiving traffic from collector and minor streets.

(2) A collector street carries traffic from minor streets to the major system of arterial streets and highways, including streets of circulation around residential development.

(3) A minor street is one used primarily for access to abutting residential property.

Street as utilized for traffic calming measures means the street length that must be petitioned. It is a 1000-foot segment generally centered on the proposed location of the traffic calming measures, or the length of the block,whichever is greater. If the 1000-foot segment extends into any part of an adjacent block, it includes the entire length of the adjacent block, unless separated by an intervening thoroughfare, traffic signal or offset intersection.

Subdivider means any person or any agent thereof dividing or proposing to divide

land so as to constitute a subdivision as that term is defined in this section. In any event,



http://library.municode.com/HTML/13860/level3/PTIICOOR_CH98SU_ARTIINGE.html#PTIICOOR_CH98SU_ARTIINGE_S98-8SITVAAPPR


the term "subdivider" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.

Subdivision means a subdivision of a lot, tract or parcel of land situated within the corporate limits, or within the extraterritorial jurisdiction, into two or more parts, lots or sites for the purpose, whether immediate or future, of sale, division of ownership or building development. Subdivision includes resubdivision of land or lots which are a part of a previously recorded subdivision, but it does not include the division of land for agricultural purposes of parcels of five acres or more and not involving any new street, alley, or easement of access; and where water service by a public water supplier is available immediately to the parcel upon application by the owner of a parcel beyond the boundaries of the suburban development area. On all parcels which are divided within the boundaries of the extraterritorial jurisdiction, a subdivision plat shall be filed.

Suburban subdivision means a subdivision lying in whole or in part within the extraterritorial jurisdiction of the city (Vernon's Ann. Civ. St. art. 974(a)).

Surveyor means a licensed state land surveyor or a registered public surveyor, as authorized by the state statutes to practice the profession of surveying.

Traffic Impact Analysis means analysis to provide information on the projected traffic generated by a proposed development.

Total cost means costs of completed system including engineering and contingencies.

Traffic calming measures means any vertical deflections, horizontal shifts and roadway narrowings that are intended to reduce speed and enhance the street environment for non-motorists, e.g. speed humps, speed table, raised intersections and traffic islands.

Traffic Speed Study means the operational characteristics, and geometric characteristics of a typical day for 24hrs.

Typical Day means Tuesday, Wednesday, or Thursday Urban development area means that area that lies within the corporate limits of

the city as modified from time to time. Urban subdivision means a subdivision within the corporate limits of the city. Utility easement means land granted to the city, to the public generally, and/or to

a private utility corporation for the installation and maintenance of utilities across, over or under land as required with the right to enter thereon with machinery and vehicles necessary for the maintenance of such utilities.

Sec. 26-02 - General authority. This chapter is adopted pursuant to the authority vested in the constitution and

general laws of the state, and by virtue of the applicable provisions of the city Charter.

Sec. 26-03. - Extraterritorial jurisdiction. This chapter is also adopted pursuant to the authority vested in the

constitution and general laws of the state, including particularly, V.T.C.A., Local




Government Code § 212.001 et seq., and the provisions of V.T.C.A., Local Government Code § 212.003, and pursuant to the Charter of the city.

Ord. No. 399, adopted September 7, 1965, provided for an agreement between the City of Donna and the City of Weslaco, as follows:

Section 1. The agreement in writing heretofore negotiated between the City of Weslaco, Texas and the City of Donna, Texas, with respect to the apportionment of the overlapped area of the extraterritorial jurisdiction of each of said cities under the Municipal Annexation Act (Chapter 160, Acts of the 58th Legislature, Regular Session, 1963; compiled as Article 970a, Vernon's Texas Civil Statutes) is hereby approved and adopted, according to the terms of such agreement as set forth in Section 2 of this ordinance.

Section 2. The Agreement in writing reads as follows:

STATE OF TEXAS COUNTY OF HIDALGO

This agreement is executed by and between the City of Weslaco, Texas and the City of Donna, Texas;

WITNESSETH:

First. The parties agree that under the provisions of the Municipal Annexation Act, the City of Weslaco, Texas has extraterritorial jurisdiction within one (1) mile of its corporate limits, and the City of Donna, Texas has extraterritorial jurisdiction within one (1) mile of its corporate limits.

Second. The parties agree that there exists an overlapped area of extraterritorial jurisdiction of each of said cities, as that jurisdiction is defined in the Municipal Annexation Act, which area of overlapped extraterritorial jurisdiction is more particularly described as follows:

BEGINNING, at a point at the intersection of County Road known as Mile 6 West and the Southeast corner of Farm Tract 660 for the point of beginning of this description, THENCE, West along a line separating Farm Tracts 660, 659, 657, 654, 653, 648, 647, and 644 to a point of East Right-of-Way line of Midway Road and the Southwest corner of Farm Tract 644, THENCE, North along the East Right-of-Way line of Midway Road to a point on the North Right-of-Way of the Missouri-Pacific Railroad,




THENCE, Northeast through Farm Tracts 164 and 165 to a point being the Southwest corner of Farm Tract 161, THENCE, East along a line separating Farm Tracts 161, 162, 153, 154, 146, and 147 to the West Right-of-Way line of Farm Road Mile 6 West, THENCE, South along the West Right-of-Way line of Farm Road Mile 6 West to the point of beginning. Third. From and after the date this agreement is approved and adopted by

the governing bodies of both the cities which are parties hereto, there is apportioned to the City of Weslaco, Texas and it shall have exclusive extraterritorial jurisdiction over the following described area, the same being a part of the overlapped area described in the second paragraph of this Agreement:

BEGINNING, at a point at the intersection of County Road known as Mile 6 West and the Southeast corner of Farm Tract 660 for the point of beginning of this description, THENCE, West along a line separating Farm Tracts 660, 659, 657, 654, 653, 648, 647, and 644 to a point of East Right-of-Way line of Midway Road and the Southwest corner of Farm Tract 644, THENCE, North along the East Right-of-Way line of Midway Road to a point on the North Right-of-Way of the Missouri-Pacific Railroad, THENCE, Northeast through Farm Tracts 164 and 165 to a point being the Southwest corner of Farm Tract 161, THENCE, East along a line separating Farm Tracts 161, 162, 153, 154, 146 and 147 to the West Right-of-Way line of Farm Road Mile 6 West, THENCE, South along the West Right-of-Way line of Farm Road Mile 6 West to the point of beginning. Fourth. From and after the date this agreement is approved and adopted by

the governing bodies of both the cities which are parties hereto, there is apportioned to the City of Donna, Texas and it shall have exclusive extraterritorial jurisdiction over the following described area, the same being a part of the overlapped area described in the second paragraph of this Agreement:

All areas not shown in second paragraph of this Agreement and within one mile of the city limits of the City of Donna.

Sec. 26-04. - Purpose of chapter. The purpose of this chapter is to provide for the orderly, safe and healthful

development of the area within the city and within the area surrounding the city and to promote the health, safety, morals and general welfare of the community.




Sec. 26-05. - Conformance to general plan. (a) No plat or subdivision of land within the city and within its extraterritorial

jurisdiction, as determined by Vernon's Ann. Civ. St. art. 974(a) and Vernon's Ann. Civ. St. art. 970(a), shall be approved unless the plat conforms to the general plan of the city and its roads, streets, alleys, easements, parks, playgrounds and public utility facilities, including those which have been or may be laid out and to the general plan for the extension of the city and of its roads, streets, alleys, easements and public highways, regard being had for access to public utilities.

(b) Whenever there shall be a subdivision of land within the area between the extraterritorial jurisdiction of the city and a distance of five miles from the corporate limits of the city, unless such area shall also be located in the extraterritorial jurisdiction of an adjoining city, any person so subdividing such property shall file a subdivision plat with the planning and zoning commission for approval by the city. Such plat shall not be approved unless it conforms to the general plan and requirements as promulgated by the county commissioners' court, and in addition thereto, provision shall he made for the supplying of a potable water supply source shall be approved by the state department of health for the supplying of potable water to consumers. The city planning and zoning commission is hereby authorized to approve any such plats on behalf of the city and shall thereafter submit the same to the county commissioners' court for its approval.

(c) Upon the violation of any requirement of this section, the city attorney is specifically authorized to seek injunctive relief preventing the sale of any or all lots within such subdivision and requiring the developer to meet the subdivision requirements as provided for under this chapter.

Sec. 26-06. - General provisions. (a) No permit shall be issued within the city by the city for the installation of septic

tanks. (b) No building, repair, plumbing, electrical or business permit shall be issued by the city for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record. A business permit shall not be issued for any lot within a subdivision in which the prevailing fire hydrant, paving, sidewalks, and streetlight standards contained in this chapter or referred to in this chapter have not been complied with in full. The term "lot," as used in this chapter, shall also include a parcel of land consistent of a lot in a subdivision for which a final plat has been approved and filed for record and is an adjacent portion of another such lot.

(c) The city shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and




filed for record, nor in which the standards contained in this chapter or referred to in this chapter have not been complied with in full.

(d) The city shall not sell or supply any water, gas, electricity or sewage service within a subdivision for which city standards have not been approved and filed for record, nor in which the standards contained in this chapter or referred to in this chapter have not been complied with in full.

(e) In behalf of the city, the city attorney shall, when directed by the city commission, Institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to in this chapter with respect to any violation of this chapter which occurs within the city, or within the extraterritorial jurisdiction of the city as such jurisdiction is determined under the municipal annexation act, or as determined by agreement with other municipalities in the area, or within any area subject to all or a part of the provisions of this chapter.

(f) If any subdivision exists for which a final plat has not been approved or in which the standards contained in this chapter or referred to in this chapter have not been complied with in full, the city commission shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval, and reciting the fact that the provisions of subsections (a), (b), (c) and (d) of this section will apply to the subdivision and the lots in this chapter. The city secretary shall, when directed by the city commission, cause a certified copy of such resolution under the corporate seal of the city, to be filed in the deed records of the county in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the city secretary shall forthwith file an instrument in the deed records of such county stating that subsections (a), (b), (c) and (d) of this section no longer apply.

(g) Mobile homes, travel trailer and recreational vehicle parks and/or subdivisions shall have plat approval in accordance with the process contained in this chapter or referred to in this chapter in accordance with this chapter and other provisions of this Code and city ordinances as applicable.

(h) The provisions of this section shall not be construed to prohibit the issuance of building, repair, plumbing or electrical permits with respect to any lots or building tract, nor prohibit the repair, maintenance or installation of any street or public utility services for, to or abutting any lot, in these instances, where the last recorded conveyance of such lot or tract prior to passage of this chapter was by metes and bounds; or where a building is in existence on such lot prior to passage of this chapter; or where such subdivision, whether by recorded plat or by actual occupancy and use, was in existence prior to the passage of this chapter.




Sec. 26-07. - Variance. The planning and zoning commission shall recommend variance from the

chapter to the City commission when, in its opinion, undue hardships will result from requiring strict compliance. In recommending a variance, the planning and zoning commission shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the findings required in this section, the planning and zoning commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the health, safety, convenience and welfare in the vicinity. No variance can be recommended unless the planning and zoning commission finds that:

(1) A written request of the developer is submitted in advance of making such request.

(2) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.

(3) The granting of a variance is necessary for the preservation and enjoyment of the legal property rights of its owner. (4) The granting of the variance will not be detrimental to the public

health, safety, welfare, or injurious to the legal rights other property owners enjoy in the area.

(5) The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. Such findings of the planning and zoning commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the planning and zoning commission's meeting at which such variance is considered. Variance may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice accomplished. Financial hardship to the subdivider, standing alone, shall not constitute undue hardship.

The city commission shall have the ultimate power to grant or reject variance upon receipt of a recommendation from the planning and zoning commission.

Sec. 26-08. - Single-lot variance; approval and procedures.




(a) Planning and zoning commission. The city commission grants discretionary authority to the planning and zoning commission to approve single-lot variances which may be issued on a case-by-case basis after consultation with the city manager, city engineer, and the director of planning. No single-lot variance shall be considered except upon submittal of an application with the applicable fee paid. Approved single-lot variance by the planning and zoning commission may not be presented to the city commission unless city staff or the applicant, if he is not in agreement to the conditions set forth by such commission, presents a written appeal within 30 working days to the city commission for review and action. It is hereby mandated that a denied single-lot variance by the planning and zoning commission will automatically be presented to the city commission who shall then have the ultimate authority to decide. All approved decisions by the planning and zoning commission that are agreed to by the applicant shall be forwarded to the city commission by the planning department by forwarding a copy of the signed application for single-lot variance.

(b) Single-lot variances. Single-lot variances, aside from meeting section 26-07(1)—(5), must meet the following criteria: It is a single tract and not a series of proposed tracts, it has access to a paved public street, it does not require any new streets to be dedicated and/or improved, it does not require extension of municipal utilities, it is within the corporate limits or extraterritorial jurisdiction of the city.

(c) Planning and zoning commission on discretionary terms of approval. By granting any single-lot variance, especially to those on the entire provisions of this chapter, the planning and zoning commission has the planning discretion of requiring other terms of conditions which may mitigate the effects of an awarded single-lot variance. On the required written application for a single-lot variance, the planning and zoning commission chairperson and the applicant shall then sign such document. Should the applicant refuse to sign and reflectively not accept such commission's terms of approval, the matter will then be forwarded to the city commission for their ultimate decision unless withdrawn by the applicant.

(d) Filing fee. Each application for single-lot variance shall be accompanied by a filing fee as specified in the most recently adopted schedule of fees. No application shall be considered until such payment is made.

(e) Time limitation. Once a single-lot variance is granted, if such approval is contingent on certain conditions, then such conditions must be met within one year, if not, the approval is revoked, an extension of six months can be granted by planning and zoning commission.

(f) Upon approval of a Single-Lot Variance, the Director of Planning shall make a notation on the city map of the location of the approved Single-Lot Variance.



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Sec. 26-09. - Administrative enforcement. (a) The city may elect, at its option, to enforce one or more of the following

options to this chapter: (1) Denial of plat approval. No plat shall be recorded unless it contains the

data required by section 26-04, nor shall any court clerk record a plat which has not received the prior approval of the city commission and planning and zoning commission.

(2) Institute appropriate action in a court of competent jurisdiction, to enforce the provisions of this chapter.

(3) Denial of public utilities. (4) Denial of building permits. (5) Provide for misdemeanor offenses within the corporate limits of the

city. (b) Any person residing in any subdivision shall have the requisite standing and

authority to enforce the standards established pursuant to this chapter and may file suit in any court of competent jurisdiction for his damages or for declaratory or injunctive relief or such other relief as may be deemed appropriate.

Sec. 26-10. - Penalties for violation of chapter. (a) Any person violating any provision of this chapter within the corporate limits of

the city shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $200.00. Each day that such violation continues shall be a separate offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violation of this chapter.

(b) The penalty provided in subsection (a) of this section should not be construed as exclusive, and the city hereby provides that any other remedy available to it, in the enforcement of this chapter, in law or in equity including, but not limited to, an injunction in a court of competent jurisdiction, is not intended to be, and is not foreclosed by the provision of such penalty.

Sec. 26-11. - Termination. Plat approval shall be for a period of one year from the date final plat

approval is granted. Extensions may be granted by the City commission by petition of the applicant for such extension. If after one year from the date that the council has approved the final plat, subdivision construction has not begun on the improvements required by this chapter, the city may at its option institute appropriate



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action to acquire the securities filed by the developer to ensure compliance and complete the construction of the required improvements itself, or should the subdivider fail to proceed with the construction of the subdivision, the council may pass a resolution after the date of termination, terminating the plat approval, reciting the fact of such noncompliance or failure to proceed with the subdivision. Therein, the city secretary shall, when directed by the city commission, cause a certified copy of such resolution under the corporate seal of the city to be filed in the deed records of the county in which such subdivision or part thereof lies.

Sec. 26-12. - Rules, regulations, standards and specifications. The rules, regulations, standards and specifications for the construction,

installation, design, location and arrangement of streets, curbs, street lights, street signs, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments, criteria for drainage easement requirements, drainage facilities and crosswalks are on file in the planning department. No such rules, regulations, standards and specifications shall conflict with this chapter or any ordinances of the city. All such improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulations, standards and specifications.

Sec. 26-13. - Standards manual adopted by reference. The "Standards Manual," is hereby adopted in its entirety for immediate

implementation upon release by the City Engineer

Sec. 26-14. - Model subdivision rules adopted by reference. The city hereby adopts and agrees to enforce the Model Subdivision Rules, a

copy of which is on file the city secretary's office.

Sec. 26-15. - Preliminary conference. Prior to the official filing of a preliminary plat, the subdivider, his planner or

representative, shall consult with and present a proposed plan of the subdivision to the Planning and Code Enforcement Department for comments and advice on the procedures, specifications and standards required by the city for the subdivision of land.

Sec. 26-16. - Where subdivision is unit of a larger tract. Where the proposed subdivision constitutes a unit of a larger tract owned by

the subdivider which is intended to be subsequently subdivided as additional units of




the same subdivision, the preliminary and final plats shall be accompanied by a layout of the drainage, water, sewage and other improvements for such areas. The overall layout, if approved by the Planning and Zoning Commission, shall be attached to and filed with a copy of the approved subdivision plat in the permanent files of the city. Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall layout when it finds that:

(1) Adherence to the previously approved overall layout will not hinder the orderly subdivision of other land in the area in accordance with the provisions of this chapter; or

(2) Adherence to the previously approved overall layout will not be detrimental to the public health, safety or welfare or will be injurious to other property in the area.

Sec. 26-17. - Required. The subdivider shall cause to be prepared a preliminary plat in accordance

with this article.

Sec. 26-18. - Time for filing and copies required. The subdivider shall file copies of the preliminary plat, one set which shall at

least be, if necessary, on a reproducible sheet of not more than an 11-inch by 17-inch (ledger size), topography and utility data, in such numbers, but never less than seven sets to the city’s planning and code enforcement department, together with the original or an electronic reproducible copy (pdf and dwg/dgn), with the planning and zoning commission or appropriate department, at least 30 days prior to the date at which formal application for plat consideration is made to the planning and zoning commission.

Sec. 26-19. - Filing fees. The preliminary plat shall be accompanied by a filing fee. No action shall be

initiated by the city until the filing fee has been paid. This fee shall not be refunded if the plat is disapproved.

Sec. 26-20. - Form and content. The preliminary plat shall be drawn to a scale of not more than 100 feet to

one inch. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall show the following:

(1) The name and address of the subdivider, record of owners of land to be subdivided, and the engineer and/or surveyor preparing the plat.




(2) The proposed name of the subdivision, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the city or within the extraterritorial jurisdiction of the city.

(3) A description by metes and bounds of the subdivision. (4) Applicants for subdivision approval shall provide a current title report

at time of preliminary plan submittal with an affidavit that the applicant is not aware of any changes to the status of title since the effective date of the report. In lieu of such report, the Director of Planning may accept alternative evidence of legal title in and to the subject property along with evidence of a record of any lienholders holding security interest in the property.

(5) The primary control points, description and location and ties to such control points from which all dimensions, angles, bearings, block numbers and similar data shall be referred. Control point designations shall meet all requirements of the appropriate state statutes.

(6) Subdivision boundary lines shall be indicated by heavy lines, and the actual acreage of the subdivision shown.

(7) Existing sites as follows: a. The exact location, dimensions, name and description of all

existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision intersecting or contiguous with its boundaries or forming such boundaries.

b. The exact location, dimensions, description and flow line of existing watercourses and drainage structures within the subdivision or on contiguous tracts.

c. The exact location, dimensions, description and name of all existing or recorded residential lots, parks, public areas, permanent structures and other sites within or contiguous with the subdivision.

(8) The exact location, dimensions, grade, description and name of all proposed streets, alleys, drainage structures, location of electric, gas, telephone, television, cable, park, other public areas, reservations, easements or other rights-of-way, blocks, lots and other sites within the subdivision.

(9) The preliminary project engineer’s seal, date of preparation, scale of plat and north arrow.

(10) Topographic information shall include contour lines on a basis of one vertical foot minimum.

(11) A number or letter to identify each lot or site and each block.




(12) All lot sizes and setback lines shall be in conformance with and meet the requirements of the city's zoning ordinance, as amended, as if the subdivided property was within the city limits.

(13) The location of the city's corporate limit lines, the outer border of the city's extraterritorial jurisdiction and zoning district boundaries, if they traverse the subdivision, form part of the subdivision or are contiguous to such boundary.

(14) The topographic and utility details shall be shown on a separate plat. (15) A legible vicinity sketch or map, which shall show existing

subdivisions, streets, easements, rights-of-way, parks and public facilities in the vicinity.

(16) Restrictive covenants imposed on the land, if desired by the subdivider, or required by the city commission, are to be shown on the plat, or on a separate document, to be made a part thereof, or recorded by a separate document in the office of the county clerk. If not shown on the recorded plat, a copy of such restrictive covenants, with recording data thereon, shall be furnished to the city.

(17) Irrigation canals: No open irrigation canals, except main canals, shall be permitted within a subdivision. The subdivider shall place such canal underground if its continued use is required by the water district in which such canal is located. If an existing canal, is partly included within the boundaries of the land from which the subdivision is made, the subdivider or developer, if the developer or subdivider and the owner of the adjacent land do not agree jointly to place such canal underground when its continued use is required by the water district, shall deposit in escrow with the city or the city public utilities, as the case may be, a sufficient sum of money, based on current costs at the time, to pay for his share of the cost to place such canal underground. Should it develop thereafter that the continued use of such canal not be required and has not been placed underground in the meantime, such escrow fund, without interest, shall be returned to the depositor.

(18) An engineer's statement describing drainage pattern in the subdivision and the adequacy of the proposed plan for drainage; to be approved by the city engineer in addition to Hidalgo County Drainage District #1.

(19) A finished floor elevation should be established for the property. The minimum finished floor elevation will be that finished floor as established by the project engineer for the development or 18 inches above the top of the adjacent curb, whichever is greater. The finished floor elevation must be reviewed and approved by the city engineer.

(20) A completed Trip Generation Worksheet shall be submitted prior to submitting a preliminary plan, or shall being submitted at the time of




submittal of the preliminary plan. If a TIA is required,it shall be submitted at or prior to the time of submittal of the final plat.

(21) A 10 foot utility easement shall be provided along the perimeter of subdivision.

Sec. 26-21. - Processing. (a) The city planner, construction inspector and city engineer shall check the

preliminary plat as to its conformity with the general plan, major street plan, land use plan, zoning districts and standards and specifications set forth in this chapter or referred to in this chapter.

(b) The city planner, construction inspector or city engineer shall review all proposed subdivision plats to determine if the proposed subdivision is reasonably safe from flooding and that the grade inclination for all streets, alleys and lots are established and recorded on the plat to ensure maximum drainage within the dictates of the general topography of the platted area and the areas surrounding the subdivision.

(c) The city planner or city engineer shall determine that all public utilities and facilities are located and planned to minimize or eliminate flood damage.

(d) All proposed preliminary plats and subdivisions of land within the city and its extraterritorial jurisdiction shall be submitted by the planning and zoning commission, if applicable, for review and comment by agencies or corporations dealing in public service; i.e., the various governmental departments, independent school districts, AEP, Magic Valley Electric Co-Op, county water and control districts, local public utilities, boards and/or districts.

(e) The city planner, construction inspector and/or city engineer shall return the preliminary plat and accompanying data to the planning and zoning commission with recommendations as to modifications, additions or alterations of such plat data.

(f) Within 30 days after the preliminary plat is formally filed with the city planner, construction inspector or city engineer, the planning and zoning commission shall:

(1) Approve; (2) Disapprove the preliminary plat; or (3) Conditionally approve with modifications.

The planning and zoning commission shall inform the subdivider of the reasons at the time such action is taken.




(g) Approval of a preliminary plat by the planning and zoning commission shall be deemed as an expression of approval of the layout submitted on the preliminary plat and contingent on approval of utilities as a guide to the installation of streets, water, sewage, sidewalks, street lights, fire hydrants and other required improvements and utilities and to the preparation of the final or recorded plat. Conditional approval of a preliminary plat shall not constitute an automatic approval of the final plat.

(h) Approval or conditional approval of a preliminary plat shall be effective for only one year unless reviewed by the planning and zoning commission in the light of new or significant information which would necessitate a revision of the preliminary plat. If the planning and zoning commission should deem changes in a preliminary plat as necessary, it shall inform the subdivider in writing.

(i) If no development has occurred which would affect the proposed plat, after one year of effective approval, the planning director may, upon the application of the subdivider, extend the approval for an additional six months. At the end of this six-month extension, the preliminary approval is automatically revoked.

Sec. 26-22. - Form and content. (a) The final plat and accompanying data shall conform to the preliminary plat as

approved or conditionally approved by the planning and zoning commission incorporating any and all changes, modifications, alterations, corrections and conditions recommended by the planning and zoning commission.

(b) The final plat shall be drawn at a scale of 100 feet to one inch. Where more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat.

(c) The final plat shall be submitted in an original and in such numbers of copies, but never less than 12 copies, of such sizes, and such material as the city planning department may from time to time require, and shall contain all of the features required for preliminary plats and it shall be accompanied by site improvement data bearing the seal of an engineer.

(d) The final plat and the accompanying site improvement data shall be referred to the city commission when recommended by the planning and zoning commission.

(e) A statement must be included on the plat stating whether all or a portion of the subdivision falls within the 100-year floodplain and the engineer's statement of the minimum permissible floor elevation for each lot that will protect the improvements from flooding and high waters. Such minimum floor




elevation will be that finished floor as established by the project engineer for the development or 18 inches above the top of the adjacent curb, whichever is greater. A statement shall be included on the plat stating that all buildings must be constructed above the minimum floor elevation.

(f) The final plat shall include the acknowledgements required by the city and state law.

(g) The final plat must contain a statement declaring whether or not sidewalks and street lights are required by the city within any portion of the subdivision, and if sidewalks and street lights were required, the location of such sidewalks and street lights, the street names where sidewalks are required, and who shall be responsible for installation of such sidewalks.

(h) Restrictive covenants imposed on the land, if desired by the subdivider, or required by the legislative body of the city, are to be shown on the plat, or on a separate document in the office of the county clerk. If not shown on the recorded plat, such restrictive covenants shall be furnished to the city. The restrictive covenants must comply with all applicable codes and ordinances of the city, though this provision does not preclude stricter standards being imposed by the subdivider.

(i) All real property taxes and assessments on the property being subdivided must have been paid. Tax certificates from all applicable taxing entities shall be submitted with the final plat showing all real property taxes and assessments have been paid.

(j) All plans and engineering calculations of the subdivision improvements shall be furnished to the city in the number of copies, but not less than six, of such sizes and such materials as the city planning department may from time to time require. Such plans and calculations shall each contain a statement that such construction plans conform to all city standards and shall bear the signature and seal of a registered/licensed engineer. Such plans and calculations shall include at least the following: (1) Plans and profiles of all streets, alleys, sidewalks, street lights,

crosswalks, and monuments showing the right-of-way and paved width of all streets, their centerline grade and distances with the elevations indicated at all centerline intersections and grade breaks, and the location and specifications for all curbs and gutters;

(2) Plans and profiles showing all proposed sanitary sewer lines including, but not limited to, depth and grades of lines, location of manholes and connections, and the location, dimension and depth of existing sanitary sewer lines and manholes to which the system will be connected;




(3) Plans and profiles of all proposed water lines, valves and fire hydrants showing location, size and depths of the proposed lines, and location, dimension and depth of all existing water lines, valves, and fire hydrants to which the system will be connected;

(4) Plans, profiles and specifications for all storm drainage improvements showing existing and proposed elevations at one-foot contours within the subdivision and within 300 feet of all subdivision boundaries, and all street widths and trades, runoff figures on the outlet and inlet side of all drainage ditches and storm sewers, and at all points in the street at changes of grade or where the water enters in other street or storm sewer or drainage ditch or pond, showing drainage easements, and a general location map of the subdivision showing the relationship of the subdivision to the entire watershed area, showing calculations specifying the anticipated stormwater flow, including watershed area, percent runoff, and time of concentration, and calculations showing the basis for design of all proposed drainage ditches, pipelines, detention ponds, and complete plans, profiles, cross sections, grades and specifications showing complete construction details for all proposed drainage channels, ponds, ditches, and pipelines (all calculations shall be in accordance with the city's drainage policy, and shall be developed in accordance with engineering formulas and data provided by the city engineer); and

(5) Detailed cost estimates of all proposed improvements. (k) All fees and charges imposed by the city have been paid. (l) Upon completion of construction of subdivision improvements, the city shall

be furnished the number of copies including, but not limited to, electronic files (PDF and DWG/DGN), of such size and of such material as the city planning department may from time to time require of "as-built" plans and profiles of all improvements constructed containing a certificate stating that all improvements have been constructed in accordance with the approved construction plans, and that all monuments and lot markers have been properly located and placed in accordance with this subdivision chapter which certificate is signed and sealed by a registered/licensed professional engineer.

Sec. 26-23. - Processing. The final plat may be considered officially approved when all fees and

expenses incurred have been paid, and when all requisites of the subdivision have been met.




Sec. 26-24. - Conformity. No preliminary or final plat shall be approved by the planning and zoning

commission, and no completed improvements shall be acceptable by the city, unless they conform with the comprehensive plan of the city and parts thereof, as provided in section 26-05 and comply with the provisions of this article.

Sec. 26-25. - Future subdivisions. If a tract is subdivided into parcels larger than ordinary building lots, such

parcels shall be arranged to allow the opening of future streets.

Sec. 26-26. - Reserve strips. There shall be no reserve strips controlling access to land dedicated or

intended to be dedicated to public use.

Sec. 26-27. - Streets. (a) Street layout. Adequate and paved streets shall be provided by the subdivider

and the arrangement, character, extent, width, grade and location of each shall conform to the comprehensive plan of the city and shall be considered in their relation to existing and planned streets, to topographic conditions, to public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood.

(b) Relation to adjoining street systems. Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith.

(c) Projection of streets. Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provisions for the proper projection of streets into such unsubdivided areas.

(d) Street jogs. Street jogs with centerline offsets of less than 125 feet shall be avoided.

(e) Street intersections. Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain, topography, sight distances and safety.

(f) Dead-end streets. Dead-end streets shall be prohibited except as short stubs to permit future expansion.

(g) Culs-de-sac. In general, a cul-de-sac shall not exceed 600 feet in length, and shall have a turnaround of not less than 100 feet in diameter (right-of-way) with a pavement diameter of 80 feet and shall provide access directly or indirectly to no more than 25 dwelling units in residential areas, and shall



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have a turnaround not less than 160 feet in diameter (right-of-way) with a pavement of 140 feet in commercial and industrial area.

(h) Streets on comprehensive plan. Where a subdivision includes a street as shown on the major streets plan of the city, the Hidalgo County Thoroughfare Plan or the city’s comprehensive plan, that street shall be platted in the approximate location shown on the plan. The right-of-way shall be equal to or greater than that indicated on the comprehensive plan for streets.

(i) Minor streets. Minor streets shall be laid out so as to discourage their use by fast and through traffic.

(j) Pavement widths and rights-of-way. (1) Major thoroughfares of 120 feet of right-of-way shall be paved a

minimum of 82 feet. (2) Collector streets shall have a minimum right-of-way of 60 feet and a

minimum pavement width of not less than 43 feet as specified by the city.

(3) Minor streets with single-family lots having a frontage of 50 feet or more shall have a right-of-way of at least 50 feet with abutting five-foot utility easement. Minor streets with single-family lots having a frontage of less than 50 feet shall have a right-of-way of at least 60 feet; or shall have a right-of-way of at least 50 feet with abutting five-foot utility easement, and shall provide a minimum of one overflow parking space for every two lots or dwelling units, within a reasonable distance from the lots or units to be served. The minimum pavement width of minor residential streets shall be 32 feet back-to-back, and minor residential subcollector streets which typically collect traffic from the subject development as well as interjoining traffic from other areas shall have a minimum pavement width of 37 feet back-to-back. Minor arterials of 80 feet of right-of-way shall be paved a minimum of 57 feet. Minor streets with multifamily lots shall have a right-of-way of at least 60 feet, and a minimum pavement width of 37 feet back-to-back and be in compliance with the requirements of all applicable ordinances dealing with off-street parking.

(k) Pavement widths and rights-of-way of streets forming part of the boundary of the subdivision (adjacent). Pavement widths and rights-of-way of streets forming part of the boundary of the subdivision adjacent shall be as follows: (1) Where the proposed subdivision abuts upon an existing street or half-

street that does not conform to subsection (j) of this section, the subdivider shall dedicate right-of-way width to conform to such subsection. Before any pavement is laid to widen existing pavement, the existing pavement shall be cut back two feet to ensure an adequate subbase and pavement joint.




(2) No half-streets or half-alleys will be permitted in subdivisions. (l) Curbs. Curbs shall be installed by the subdivider on both sides of all interior

streets, and on the subdivision side of all streets forming part of the boundary of the subdivision.

(m) Street construction. Materials and workmanship shall conform to the following standards:

i. Collector and above designated streets* 2” hot mix asphaltic concrete 10” caliche base compacted to 95% of modifiedproctor 6” subgrade with a Plasicity Index below 20 ii. Residential streets* 2” hot mix asphaltic concrete 8” caliche base compacted to 95% of modified proctor 6” subgrade with a Plasicity Index below 20 * if a report by a geotechnical engineer indicates that thicker paving sections

are required then the geotechnical requirements supersede the standards listed above

(n) Street Grading. Street grading shall meet the following minimum slopes based upon the land use and shall be shown on construction plans:

Residential streets: 0.3% Multi-family and Commercial streets: 0.5% Industrial streets: 0.5% (n) Street names. Names of new streets shall not duplicate or cause confusion

with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used, and shall conform to the existing street naming system. Street signs shall conform to city standards and shall be installed at the expense of the subdivider.

(o) Marginal access streets. Where a subdivision has frontage on or borders an arterial street, the planning and zoning commission may require marginal access streets to be provided on both sides or on the subdivision side of the arterial street; unless the adjacent lots back up to, side up to, or front with extra depth and access off an alley, and provide some other means of restricting individual access directly to the arterial, or unless the planning and zoning commission determines such marginal access streets are not desirable under the facts of a particular case for adequate protection of the lots and separation of through the local traffic.

(p) Median islands. Where a subdivision proposes median islands, the following shall be required prior to recording the plat or providing a final approval to the construction of the subdivision:




(1) The following plat note shall be required: The maintenance of all median islands shown on this plat shall be the exclusive responsibility of the owner of the property the subject of this plat, his heirs and assigns.

(2) The plans (cross-section to be included) and specifications, including a cross-section view, for such median islands shall be reviewed and approved in writing by the city engineer prior to construction where such issues as irrigation lines being encased, overspill appurtenances and illumination shall be considered. In this connection, such median islands shall conform to the amount of pavement required in subsection (m) for the proposed street and made part of this section by reference for all purposes.

(3) The city commission, with the recommendation of the planning and zoning commission, may set additional requirements to secure the public's health, safety and general welfare.

(4) The city engineer shall calculate present removal costs for such median islands, including any paving and utility relocation costs as well as any and all engineering costs that may be incidentally required, and 115 percent of such amount shall be escrowed with the city. Any funds so escrowed and not expended by the city as provided in this section within 15 years from the date of receipt, shall be returned to the then owners of the property, the subject of this plat, on the last day of such period, with the owners of each lot being entitled to an equal share of the refund. All of the owners of the property must request such refund within one year of entitlement, in writing, or such right shall be barred. In this connection, the city reserves the right to require evidence satisfactory to it that the persons seeking reimbursement are the owners of the property.

(q) Traffic Calming. If in the opinion of the city engineer and/or planning director streets in a proposed development are designed as such to encourage vehicular travel at unsafe speeds, the developer will bear the expense to install traffic calming measures. If the streets are existing and a safety problem is perceived the following process will be followed:

All of the following criteria must be satisfied for a street to be considered eligible for speed hump or other traffic calming device installation.

(1) A petition that documents that a minimum of two-thirds of the households in low-density residential dwellings on the street that support its installation. In instances where traffic calming measures will affect other roadways i.e. (grid network) the requestor will be required




to obtain a petition that documents that a minimum of two-thirds of the household along the total affected area are in favor of the traffic calming measures. Petitions will be made available to requestors. Requester will be responsible for distribution and collection of all petitions.

(2) The lane uses of the properties abutting the street where the traffic calming measure is proposed must be composed primarily of low-density residential dwelling.

(3) Operational Characteristics of the Street.

a. The street must be used to provide access to abutting low-density residential properties (local residential street).

b. There must be no more than one moving lane of traffic in each direction.

c. Traffic volumes must be more than 200 vehicles per day. d. Vehicle speeds must meet the Speed Criteria. e. The street must have a speed limit of 30 mph as determined in

accordance with State Law. f. City Manager, City Engineer, City Fire Chief, City Planning Director

and City Police Chief must approve all speed humps or traffic calming measures and their locations.

g. The street must not be any of the Major Roadways shown on the Thoroughfare Plan. The major roadways listed in the Thoroughfare Plan as a collector and greater and/or any other roadway classified by the City of Weslaco and/or TXDOT as a collector and/or greater.

h. Paved traveled ways that do not function as a street such as alleys, utility/access easements, parking lot circulation routes, and commercial service drives are not eligible for the installation of traffic calming measures, regardless of any identification signs, due to their operational characteristics.

(4) Geometric Characteristics of the Street.

a. The street must have adequate sight distances to safely accommodate the traffic calming measure as determined by the City Engineer.

b. The street must not have curves or grades that prevent safe placement of the traffic calming measures. Measures may be located on streets that contain curves and/or grades, but the measure itself should not be located within a significant horizontal curve, or on a vertical grade greater than eight percent.




c. The street shall be paved. If there are no curbs, a special design must be used to prevent vehicle run-around.

d. The street shall have a minimum width of 30’ and a maximum width of 44’.

e. The street must have a history that shows the need for traffic calming.

f. Private property in the City Limits is not governed or controlled by these requirements.

g. In the case of areas with grid networks a comprehensive study of all affected roadways will need to be assessed.

h. Traffic calming measures are designed to attract the attention of the driver. Therefore, the installation of a traffic calming measure within the limits of a school zone or in areas where pedestrians frequently cross a traveled way increases the chance of pedestrian vehicle conflict. Traffic calming measures shall not be installed in such areas.

(5) Cost Responsibility

a. Requestor will be responsible for a Forty dollar ($40) processing fee and is quantified by individual street segments. If it is so desired by the requestor to study the subject street on a non-typical day the requestor will be responsible for additional Ten dollar ($10) processing fee. City also reserves the right to conduct an independent study to verify results. The City Engineer or designee will make the final determination of study results.

b. The cost for the traffic calming measure installation (including signs, pavement markings and, if necessary, special design features such as bollards, curbing or guardrail) may be shared between the City and residents according to how much the measured speed on the street exceeds the Speed Criteria as defined in this section. This cost sharing is defined as follows:

COST SHARING

85th PERCENTILE SPEED RESIDENTS’ COST SHARE FOR CONSTRUCTION 35-36 mph 100% 37-38 mph 67% 39-40 mph 33%

>40 mph 0%




c. Allocation of the City’s contribution will be made upon a first come first serve basis and constrained by annual funding.

d. The term “resident,” when used in cost sharing does not necessarily refer to the petitioners. It is used to define the share of the cost that is not the responsibility of the City and could be paid by one or more of the residents or from other private sources. Notwithstanding the provisions of the foregoing cost-sharing table, residents may be able to expedite calming measure installation by voluntarily paying the full installation cost.

(6) Traffic Calming Measure Alteration and Removal

The process for traffic calming measure removal or alteration by residents will require a petition that documents that a minimum of two-thirds of adjacent property owners on the street support its removal. There is not City participation in cost sharing for the removal of the traffic calming measure. The City Manager has the right to remove a traffic calming measure if it is deemed necessary.

(r) Private street policy. (1) A written variance shall be provided requesting that lots are desired to

be developed which will not front a public street, and the rationale for such variance for private street(s). If there is a stubbed street, or streets, onto the undeveloped acreage desired to be developed with a private street(s), the likelihood is that there will be no privatization due to pre-designed neighborhood-to-neighborhood linkage.

(2) Include within parenthesis under the proposed subdivision plat's name: ("PRIVATE SUBDIVISION").

(3) The developer's dedicatory language on the plat shall read as follows: "I, the undersigned, owner of the land shown on this plat, and designated as (the name of the subdivision), do hereby grant an easement to the City of Weslaco and those who may now or hereafter hold franchise under said city, the use of the streets, alleys, and easements thereon shown, surface use of the streets and alleys is restricted to the employees or agents of the City of Weslaco, employees of utilities operating under franchise to the City of Weslaco, residents of the subdivision, and their guests."

(4) If not legally existing, a homeowner's association (HOA) shall be established/recorded to maximize the maintenance of common areas which shall include the private street(s), its storm drainage, street




lighting, accompanying sidewalks, plus any other private improvements within the private street area.

(5) The private street(s) shall be identified as "common areas" and given lettering for said private property such as "Common Area Lot A".

(6) Plat notes shall be required on the plat to be as follows: Plat note: All private streets, inclusive of median islands and any sentry shelters, plus any accompanying storm drainage, street lighting, and/or sidewalks, shall be privately maintained by the homeowner's association. Also, all perimeter walls and fences shall be under the ownership and the exclusive responsibility of the homeowner's association for the purposes of enclosed privacy, security, and repair. Plat note: After the recording of the plat's conditions, covenants, and restrictions (CCRs) to thus assure maintenance of common areas and median islands, etc., a building permit application may be filed with the City of Weslaco for any proposed gated entry mechanisms whereafter it shall be reviewed for approval or disapproval by the city including the fire marshal's office. In no case shall gate(s) be installed where a building permit has not been issued. Plat note: The homeowner's association and/or every lot owner shall hold the City of Weslaco, Texas, harmless and indemnify said city from any and all liability and alleged claims relating to said private streets. The lot owners shall be responsible for the costs to maintain the private streets, accompanying storm drainage, private sidewalks, private street lighting, and any other private improvement in the private street area. Plat note: The owner(s)/developer(s) shall sign and record an indemnification agreement holding harmless the City of Weslaco and indemnifying it from all obligations to maintain said streets and from any liability arising out of or incident to such streets.

(7) The developer shall sign and record a private street agreement on a form established by the City of Weslaco after consultation with the city attorney.

(8) Should there be an existing subdivision with public streets but where there is a desire to propose a gated entry thus privatizing the street(s), the following minimum policies shall apply and be fully complied with: a. No collector, arterial, or other street providing "through traffic"

shall be considered for privatization. b. A written petition reflecting 100 percent of the lot owners

desiring the private street and subsequent gated entry shall be




provided to the city. Renters or tenants shall not be deemed "lot owners".

c. A homeowner's association (HOA) must be evident or shall be legally established providing for the maintenance and upkeep of the streets, street lighting, sidewalks, storm drainage improvements, and other improvements that may be deemed "common elements" that would normally be the City of Weslaco's responsibility to maintain and upkeep.

d. Once the above is evident, then a written petition (deemed to be the written variance request) "to have lots not front a public street" shall be provided to the Weslaco Planning Department to review for eligibility and pre-meeting consideration.

e. Once eligibility is confirmed, and the public works, fire marshal, PD, and other city departments have assessed the proposal, the planning department shall cause the variance request for "private streets" to be considered by the planning and zoning commission, and the city commission as with any other variance to the subdivision code. The forums shall be public hearings with mailed notices to all owners of the subdivision; the cost shall be identical to the rezoning fee.

f. If the variance is approved, a private street agreement on a form established by the City of Weslaco, shall be signed and recorded by the applicant HOA's board of directors.

g. Once the street privatization variance is approved by the city commission, the City of Weslaco and the applicant HOA shall coordinate within 30 calendar days, the transition of street lighting costs from a public account to a private HOA account.

h. The HOA shall pay for any traffic signage and markings indicating that the street is now "private".

i. Any desired gate to secure the private street shall first obtain a building permit prior to any installation.

(9) Should there be a petition from an existing subdivision with private streets but where there is a desire to dedicate the street(s) to the public the following minimum policies shall apply and be fully complied with: a. A written request signed by the duly authorized Homeowners

Association (HOA) officers and submitted to the City Commission requesting dedication of the private streets to the public;

b. The written request by the HOA officers will be accompanied by a petition containing the signatures of the owners of 100% of




the existing lots in the subdivision, unless the City Commission determines it is in the public interest to accept the streets;

c, The streets must meet City standards as determined by the City Engineer and the City Commission agrees to accept the streets;

d. All repairs or reconstruction of private streets to City standards must be accepted by the City prior to conversion. All conversion dedication costs will be paid by the HOA; and

e. All gates and appurtenances thereto must be removed at the expense of the HOA.

Sec. 26-28. - Alleys. (a) Width and paving. Alleys shall be provided at the rear of all single-family

residential lots of less than 50 feet in width, or of commercial, multifamily or industrial lots. Alleys shall be generally parallel to the street, shall not be less than 16 feet wide, include an 18” concrete, “valley gutter” and shall be paved wherever an alley is required. A minimum 20 foot right-of-way for alleys shall be dedicated to the public. The minimum cross-section requirements shall be 1.5” hot mix asphaltic concrete, 6” caliche base and 6” of subgrade with a Plasicity Index below 20. Wherever alleys are not required, but are provided, the alleys shall meet city engineering all-weather specifications for not less than 12 feet of all weather surface laid for proper drainage.

(b) Intersecting alleys or utility easements. Where two alleys or utility easements turn at a right angle, a cutoff of not less than 20 feet from the normal intersection of the property or easement line shall be provided along each property or easement line.

(c) Dead-end alleys. Dead-end alleys shall not be permitted. (d) Alleys which do not connect on a straight course. If alleys are not themselves

straight within each block, or if the same do not connect on a straight course with the alleys of adjoining blocks, then all necessary easements shall be provided for the placing of guy wires in order to support poles set on curving or deviating rights-of-way of alleys.

Sec. 26-29. - Water installation. (a) Water supply and distribution. All subdivisions shall be provided with potable

water in a water distribution system approved by the city and connected to the city's water supply or to an entity that is certified to provide such potable water in accordance with the following rules: (1) All subdivisions shall be provided with a water distribution system

approved by the city engineer and connected to the city's water supply if within 1,300 feet of an existing city water line.




(2) Water service by a public water supply approved by the as per TAC 290, other than the city may be permitted beyond 1,300 feet of the nearest city water distribution line with the condition that the developer submit a letter from the public water supplier addressed to the city stating it approves the proposed water layout and agrees to supply potable water for 30 years to the subdivision and that water meters are immediately available to every lot upon application by the individual lot owner.

(3) The developer is responsible for extending a looped waterline to and thru property so as to make it reasonably accessible and cost effective to all adjoining property owners, who shall also be required to meet this requirement. The city commission may grant exceptions to this requirement after consultation with the city manager, city engineer, public utility director and planning director.

(4) The developer shall provide a water main to the farthest limits of the property so as to make it reasonably accessible and cost effective to adjoining property owners, who shall also be required to meet this requirement.

(b) Water line specifications. Water line material and specifications shall be as follows: (1) Within the city’s water CCN, the water line size and the specifications

shall meet the standards as specified in the city standards manual and be the greater of an 8” C-900 pvc line or such line size as determined by the latest adopted City water distribution master plan.. If the subdivision is not within 1,300 feet of a city water line, the subdivision may be served with potable water by a public water supplier; however, the size and type of the water line shall be as per the current city standards manual, as adopted and modified from time to time.

(2) Outside of the city of Weslaco water CCN, the water line shall be a minimum of an 8” water line and shall meet the rural water supplier specifications.

(3) Tapping sleeves will not be accepted on same size lines; a “T” tie-in will be required in these instances.

(c) Fire hydrants. Any subdivision developed within 1,300 feet of an existing city water line shall provide fire hydrants as part of the water distribution system in accordance with specifications provided by the city engineer and the state board of insurance and shall be connected to the city's water distribution system. Subdivisions outside of the city of Weslaco water CCN, and farther than 1,300 feet from an 8” water line, shall place in escrow to the city funds for fire hydrants in accordance with city standards. (1) The city engineer shall calculate present costs for such fire hydrants,

including any incidental costs that may be associated with the installation of the fire hydrants, and 115 percent of such amount shall




be escrowed with the city. Any funds so escrowed and not expended by the city as provided in this section within 15 years from the date of receipt, shall be returned to the then owners of the property, the subject of this plat, on the last day of such period, with the owners of each lot being entitled to an equal share of the refund. All of the owners of the property must request such refund within one year of entitlement, in writing, or such right shall be barred. In this connection, the city reserves the right to require evidence satisfactory to it that the persons seeking reimbursement are the owners of the property.

(2) Fire hydrants shall meet the specifications as detailed in the city standards manual. Fire hydrants shall be spaced based upon the use of the development and shall meet the minimum spacing as follows: a. Residential: 500 feet maximum spacing between fire hydrants

as measured along the street frontage; b. Multi-family and Commercial: 300 feet maximum spacing

between fire hydrants as measured along the street frontage; c. Industrial: 300 feet maximum spacing between fire hydrants as

measured along the street frontage.

Sec. 26-30. - Assignment of water rights to city. (a) The owner of a subdivision located within the city, or its extraterritorial

jurisdiction shall: (1) If not in a water district, assign water rights to the city for each acre of

land being subdivided for use other than agricultural or open space use;

(2) If in a water district with which the city does not have an agreement concerning its transfer of water rights, assign the water rights with such district for the land subdivided for use other than agricultural or open space to the city; and

(3) If in a water district with which the city does have an agreement concerning the transfer of water rights, is excluded from such water district that portion of its land to be subdivided for use other than agricultural or open space. The applicable action must have been taken prior to the plat being given final approval by the city commission.

(b) All portions of property being subdivided for use other than agricultural or open use shall be required to furnish at least 1¼ acre feet of municipal water rights per acre so subdivided and classified by the state water rights commission as municipal water, regardless of whether or not such land has




water rights appurtenant thereto. It shall be sufficient for purposes of this section if the owner of such subdivided property shall furnish a permanent water supply contract or other permanent sources of water which contract or source shall be satisfactory to the city furnishing at least an equivalent amount of water.

(c) If the property is to be excluded from a water district, it shall be sufficient if the land owner executes a petition for exclusion, executes an irrevocable power of attorney to the city to exclude the land, deposit 125 percent of the estimated amount necessary to pay off any indebtedness with such district and assign such amount to the city, with any excess to be refunded to the owner.

(d) The city commission shall have the right to vary this requirement in case of injustice or to better accomplish the purpose of obtaining sufficient permanent water supply.

Sec. 26-31. - Sewers. (a) All subdivisions shall be connected to an approved sewage collection system,

except where the city commission, after recommendation from the director of public utilities and/or city engineer, determines that a separate system may be used.

(b) The developer shall provide a sewer line to and thru the property so as to make it reasonably accessible and cost effective to all adjoining property owners, who shall also be required to meet this requirement.

(c) Sanitary sewer lines shall be a minimum 8” sdr-26 pvc line, meeting TAC 285 minimum slope requirements.

(d) Sanitary sewer manholes shall be spaced a maximum of 450 feet apart and shall meet all city specifications. Specifications for manhole covers shall be determined by the director of public utilities and/or city engineer.

(e) On-site sewage facilities. (1) The city hereby adopts the rules and ("Design Criteria for On-Site

Sewage Facilities") and Administrative Rules TAC 285.1-285.91 which such rules are on file with the utility director and the city engineer and as such rules and criteria are promulgated by the state natural resources conservation commission for on-site sewage systems. Such rules are hereby adopted and all officials and employees of the city having duties under such rules are authorized to perform such duties and are required of them under such rules.




(2) Any owner or operator of a structure discharging sewage into an on-site sewage facility within the jurisdiction area of the city must comply with the rules adopted in subsection (b)(1) of this section.

Sec. 26-32. - Utility lines. (a) All utility lines that pass under any area to be paved shall be installed prior to

the area being paved. When it is necessary that utility lines pass under a paved area, they shall be extended to a point at least three feet beyond the edge of the pavement. All utility lines shall be located in an area dedicated to the public.

(b) Utility lines crossing under roadways classified as collector and above must be encased per city standards.

(c) Utility trenches in unpaved areas must be compacted to 98% standard proctor.

(d) At such time that a new development is attempting to tie into an existing utility line that is deemed in poor condition (e.g cast iron or clay) by the director of public utilities and/or the city engineer, that section of line that adjoins the new development shall be replaced at the expense of the developer.

(e) All subdivisions located within the city's extraterritorial jurisdiction and connected to one or more of the city utilities, must request annexation to the city prior to the approval of the final subdivision plat.

Sec. 26-33. - Monuments and corner markers.

(a) All block corners, angle points and points of curves and all corners of boundary lines of subdivisions shall be marked with a one-half inch steel rod, two feet in length, set in the center of a concrete monument six inches in diameter and 30 inches deep with the top flush with the finished ground surface.

(b) Where, due to topographic conditions or permanent structures, or other conditions prevail, the view is obstructed between any two adjacent monuments, intermediate monuments shall be so set as to ensure a clear view between adjacent monuments.

(c) Lot corner markers consisting of a one-half inch street rod or three-quarter inch pipe, two feet in length, shall be driven flush with the ground surface to mark the corners of all lots.

Sec. 26-34. - Drainage.




(a) Easement. Where a subdivision is traversed by a watercourse, drainageway, natural channel, stream or where there is a necessity for such as determined by the planning and zoning commission, there shall be provided an easement or right-of-way conforming substantially to the limit of such watercourse. A 75-foot drainage ditch easement shall be required from the centerline of the drainage ditch, unless the City of Weslaco Master Storm Water Drainage Plan indicates otherwise. A minimum of a 10 foot access roadway for maintenance shall be required on the perimeter of the drainage ditch.

(b) Drainage facilities. Drainage facilities shall be provided and constructed at the expense of the subdivider pursuant to the city drainage policy and as specified and/or approved by the city engineer.

(c) Drainage policy. No subdivision will be approved unless calculations submitted by the project engineer show that the projected runoff for the proposed subdivision, based on a twenty-five-year flood event, will not be greater than the natural runoff. Any water in excess of natural runoff must be detained on-site and released at existing 10-year flood rate. These flows may be exceeded only if off-site improvements and/or facilities are provided which, in the opinion of the city engineer and the planning and zoning commission, serve as adequate drainage facilities. Any property must provide an amount of floodwater storage capacity after development, which is not less than the preexisting floodwater storage capacity of such property during the 100-year flood, regardless of whether such preexisting flood storage capacity is due to natural or artificial causes. The project engineer shall provide such information as required by the city to demonstrate compliance with the city drainage policy.

Twenty-five-year flood detention is required for all developments except for

two cases: i. Small Projects. The table below identifies small projects.

SMALL PROJECT EXCEPTION DESCRIPTION

1.

Construction of a building or parking lot if the proposed construction does not require a variance from a water quality regulation, does not exceed 5,000 square feet of impervious cover and the construction site does not exceed 10,000 square feet (includes construction, clearing, grading, construction equipment access, driveway reconstruction, temporary installations, landscaping and other areas planning director or city engineer determine part of construction site).

2. Construction of a storm sewer not more than 30 inches in diameter that is entirely on public right-of-way or easement.

3. Construction of a utility line not more than 8 inches in diameter




that is entirely in public right-of-way. 4. Construction of a left turn lane on a divided arterial street. 5. Construction of street intersection improvements.

6. Widening of public street to provide a deceleration lane if additional right-of-way is not required.

7. Depositing less than two feet of earth fill, if site is not in the 100 year floodplain and the fill is not to be deposited within the dripline of a protected tree.

8. Minor development that the planning director and/or city engineer determine similar to items described above.

ii. Storm Water Quality. In an attempt to help reduce the amount of

pollutant being discharged into the Arroyo Colorado Watershed, City will consider reducing the amount of storm water detention, if low impact development techniques are used to hold storm runoff. There are many practices that have been used to adhere to these principles such as bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. City Engineer must approve these techniques and quantities before storm detention requirement is reduced.

(d) Existing facilities. Facilities currently discharging storm water to streets without detention will be required to detain storm water run-off if a building permit is requested, if the building does not meet small project exception. The minimum detention requirements shall be based on the building being constructed or remodeled. The storm water run-off may be detained in the landscaped area.

(e) Lot Grading: All lots shall be graded so that storm water run-off is directed to the street fronting the lot. If a lot has double frontage, the city engineer and/or planning director may allow for the drainage of the lot to be split such that a portion of the run-off is directed to the street in front of the lot with the remainder of the run-off directed to the street at the rear of the lot.

Sec. 26-35. - Blocks. Block length shall not exceed 1,300 feet or provide access to more than 50 dwelling units except along major and minor thoroughfares.

A residential block that exceeds 900 feet in length must be transected by a pedestrian path that is located not less than 300 feet from each block end. The pedestrian path shall not be less than five feet wide, comply with city standards for a sidewalk or trail, and be located within an easement or right of




way, as determined by the Planning Director, not less than fifteen feet wide. The Director may waive or modify this requirement if he determines that the path cannot meet ADA requirements.

Sec. 26-36. - Crosswalks. Crosswalk rights-of-way six feet in width shall be dedicated to the public

where deemed necessary by the planning and zoning commission to provide pedestrian circulation or access to schools, playgrounds, shopping centers and transportation and other community facilities, or to provide pedestrian circulation with the subdivision. Crosswalks shall be provided with a concrete sidewalk at least five feet wide.

Sec. 26-37. - Park dedication of fees in lieu of requirements. (a) Purpose.

(1) This section is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the city and its extraterritorial jurisdiction, as defined under this chapter. This section is enacted in accordance with the home rule powers of the city granted under the state constitution, and the state statutes including, but not by way of limitation, V.T.C.A., Local Government Code §§ 51.071 et seq., 212.003, 212.0045, 212.0115, 212.018. It is hereby declared by the city commission that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into a procedure for planning and developing property or subdivisions in the city and its ETJ, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing property for increased residential use.

(2) Neighborhood parks are those parks providing a variety of outdoor recreational opportunities and within convenient distances from a majority of residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to the purpose stated:

(b) General requirements. R-1, R-2, R-3, M-1, PUD land shall be used for single-family, large lot single-family, townhouse, duplex, multifamily, mobile home




and modular home, high-density manufactured housing development, planned unit development, and/or other ETJ residential purposes. (1) Whenever a final plat is filed of record with the county clerk for

development of a residential area in accordance with the planning and zoning ordinances of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal one acre for each 125 proposed dwelling units. Any proposed plat submitted to the city for approval shall show the area proposed to be dedicated under this section. The required dedication of this section may be met by money in lieu of land or by prior donation of public park land when permitted or required by other provisions of this section.

(2) The city commission declares that development of an area smaller than one acre for public park purposes is impractical. Therefore, if fewer than 125 units are proposed by a plat filed for approval, the landowner shall be required to pay the applicable cash in lieu of land amount provided by subsection (d)(3) of this section, rather than to dedicate any land area. No plat showing a dedication of less than one acre shall be approved.

(3) In instances where an area of more than one acre of park land is to be dedicated, the city shall have the right to accept the land dedication for approval of the final plat, or to refuse the same, after consideration of the recommendation of the planning and zoning commission and the parks and recreation board, and to require payment of cash in lieu of land in the amount provided by subsection (d)(3) of this section, if the city determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that park zone would be better served by expanding or improving existing parks.

(4) The dedication required by this section shall be made upon filing of the final plat or contemporaneously by separate instrument, unless additional dedication is required subsequent to the filing of the final plat as follows. If the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be made by the current landowner by payment of cash in lieu of land in the amount provided by subsection (d)(3) of this section, or by the conveyance of an entire numbered lot adjoining the dedicated park site to the city.

(c) Prior dedication/donation. At the discretion of the city, any former gift of land to the city may be credited on a per-acre basis toward eventual land dedication requirements imposed on the donor of such lands. The city




commission shall consider the recommendation of the planning and zoning commission and the parks and recreation board in exercising its discretion under this subsection.

(d) Money in lieu of land. (1) Subject to approval of the city commission, a landowner responsible

for dedication of land under this section, where such property is within the city limits or within the defined ETJ, may elect to meet the requirements of subsection (b) of this section, in whole or in part, by a cash payment in lieu of land, in the amount set forth by subsection (d)(3) of this section. With the city commission approval, such payment in lieu of land may be either made prior to the time of the final plat's recording or prior to the issuance of a building permit by the city.

(2) The city may from time to time decide to purchase land for parks in or near areas of actual or potential development. If the city does purchase park land, the city shall have the right to require payment of cash in lieu of land in the amount set forth in subsection (d)(3) of this section for all subsequent residential development near the subject park, provided that the fees assessed do not exceed the city's actual cost of acquisition and development of the park and the city's actual cost of the provision of adjacent streets and utilities, if applicable. Once the city has been reimbursed entirely for all such costs for that park, this section shall cease to apply, and the other sections of this section shall again be applicable.

(3) To the extent that other sections of this section require, the dedication requirement shall be met by a payment in lieu of land at a per-dwelling unit price set from time to time by ordinance of the city commission, sufficient to acquire and develop land and to provide adjacent streets and utilities for a neighborhood park to serve the area in which such development is located. Unless changed by the city commission, such per-dwelling unit price shall be computed on the basis of $400.00 per dwelling unit. Cash payments may be only used for the acquisition, development or improvement of a neighborhood park, bicycle trails, and/or streets and utilities adjacent to the neighborhood park.

(e) Special fund; right to refund. (1) There is hereby established a trust and agency account for the deposit

of all sums paid in lieu of land dedication under this section, which fund shall be known as the park land dedication account.

(2) The city shall account for all sums paid in lieu of land dedication under this section with reference to individual plats involved. Any funds paid for such purposes must be expended by the city within five years from the date received by the city for the acquisition, development or




improvement of a neighborhood park, bicycle trails, or adjacent streets and utilities necessary for the park. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, the owners of the property on the last day of such period shall be entitled to a pro rate refund of such sum, computed on the same basis as is called for in subsection (d)(2) of this section. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred.

(f) Additional requirements; definitions. (1) Any land dedicated to the city under this section must be suitable for

park and recreation uses. The following characteristics of a proposed area are generally unsuitable: a. Any area primarily located in the 100-year floodplain; b. Any areas of unusual topography, slope or shape which

renders the same unsuitable for organized recreational activities.

Such characteristics of a park land dedication site may be grounds for refusal of any preliminary plat.

(2) Drainage areas may be accepted as part of a park if the drainage is constructed in accordance with city engineering standards and if no significant area of the park is cut off from access or rendered unusable by such drainage area.

(3) Each park must have ready access to a public street. (4) Unless provided otherwise in this section, an action of the city shall be

by the city commission, after consideration of the recommendations of the planning and zoning commission and the parks and recreation board. Any proposal shall be reviewed by the parks and recreation board and a recommendation forwarded to the planning and zoning commission. The commission shall consider the proposal coming under this section and make its recommendation. Both the parks and recreation board and the planning and zoning commission recommendations shall be given to the city commission. The matter shall then be referred to the city commission for its decision.

Sec. 26-38. - Sidewalks. (a) Sidewalks shall be installed along the perimeter streets of the

subdivision at the developers expense, and shall be so installed in the following manner:




(1) All sidewalks shall be not less than five feet in width and of concrete, stone or masonry construction.

(2) Sidewalks shall be as nearly parallel to the street as possible. (3) Sidewalks shall be placed in accordance with the city's

construction standards manual and meet all ADA requirements. (4) In lieu of construction, cash or its equivalent may be deposited

with the city in a sum equal to the actual cost of construction, plus any engineering costs that might be required, as an alternative to the mandatory construction of sidewalks. Such funds will be set aside by the city for the installation, as the need arises.

(5) Additional sidewalks may be provided as deemed necessary and in the interest of the city upon consideration by the planning and zoning commission in commercial, industrial, public and multifamily areas; and such additional sidewalks as the property owner may desire shall be permitted.

(6) If such sidewalks are not installed prior to the issuance of a building permit on a lot requiring a sidewalk, the owner shall construct the same or may elect the other alternative described in section (4) of this section.

(b) Sidewalks shall be installed in front of lots by the property owner at the time of building construction. On corner lots, the owner shall be responsible for the sidewalk along all streets adjoining the lot. Sidewalks shall be installed in the following manner:

(1) Sidewalks in residential areas shall be four feet in width and of concrete, stone, or masonry construction.

(2) Sidewalks in multi-family/commercial or industrial area shall be five feet in width and of concrete, stone or masonry construction.

(3) Sidewalks in residential zones shall be constructed a minimum of four (4) feet from the back of curb, unless otherwise approved by the planning director or city engineer.

Sec. 26-39. - Streetlights. (a) Location. Streetlights shall be installed at the cost of the subdivider at all

intersections, at the end of culs-de-sac, and at such other locations as deemed necessary by the planning and zoning commission within the proposed subdivision and those adjacent subdivisions.




(b) Major thoroughfares/arterials. On streets classified as major thoroughfares or arterial streets, the streetlight shall be a minimum 27,500 lumen sodium vapor or approved equivalent, and be spaced no more than 250 feet between streetlights.

(c) Collector streets. On streets classified as collector streets, the streetlights shall be 27,500 lumens sodium vapor and be spaced no more than 300 feet between streetlights.

(d) Minor residential streets. On streets classified as minor residential streets, the developer will have one of two options on streetlights: (1) Install 27,500 lumens sodium vapor streetlights to be spaced not more

than 400 feet between streetlights; or (2) Install 16,000 lumens streetlights to be spaced not more than 200 feet

between streetlights. (e) Private streetlights maintenance. It is recommended that streetlights on

private streets are installed pursuant to subsection (d) of this section. Being nonpublic streets, the monthly streetlights costs are not borne by the city nor the maintenance costs involved thereof. Prior to any private streets being accepted as dedicated streets, streetlights located therein may be caused by the city to be upgraded, new streetlights spaced appropriately, or cause other improvements to be done. In regard to private streetlights on public streets, such as in the extraterritorial jurisdiction, where maintenance is not accepted by the jurisdiction power company, the city commission, with the advice and recommendation of the planning and zoning commission, may approve the monthly costs of the streetlights but shall not, under any circumstances, accept the maintenance costs involved. Such maintenance costs shall be borne as a proper obligation by the owner and/or homeowner's association.

(f) Existing streetlights. During the platting review and approval process where streetlights are existing, the subject streetlights must be upgraded to the appropriate luminaire level reflective of the public street's classification.

Sec. 26-40. - Buffer fencing. In developments within the city limits and the ETJ, a minimum six-foot buffer

fence shall be required along any natural and/or manmade hazard such as an open canal, open ditch, caliche pit, and holding pond which, in the opinion of the city, is necessary for the lot's occupants to be protected from. In the ETJ, a plat note requiring such buffering of the affected lot owner at the time of the lot's occupancy shall be provided. Removal or damage to these fences will subject the owner of the lot adjacent to the buffer fence to fines and/or replacement/repair of the fence at the owner’s expense or the person causing this damage. Such buffering may also include major thoroughfares but not golf course lakes, and/or similar landscaping.




Sec. 26-41. – Subdivision Improvement Inspections. All subdivision improvements will be inspected by the City Engineer or his

designee for conformance to city specifications. All construction materials and compaction of roadways and utility trenches will be tested by a Geotechnical Engineering Laboratory of the City’s choice. In order to recover the expenses related to the aforementioned inspections, the City will charge a fee of five per cent of the approved construction cost estimate. Two per cent will cover the cost of inspections by city personnel. Three per cent will be placed into escrow account to cover the cost incurred by the city for the services provided by the Geotechnical Engineering Laboratory. Any costs that exceed the three per cent will be the responsibility of the developer and must be reimbursed to the city prior to the recordation of the plat.

Sec. 26-42. - Generally. The regulations set forth in this article or as set forth elsewhere in this

chapter, when referred to in this section, are regulations in the planned unit development subdivision (PUD).

Sec. 26-43. - Purposes. In certain instances, the purposes of this chapter may be achieved by the

development of planned units which do not conform in all respects with the land use pattern designated on the zoning map or the district regulations prescribed by the zoning or subdivision ordinances. A planned unit development (PUD) may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. In order to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety in the development patterns of the city, which conform with the purposes of the general plan, the planning and zoning commission is empowered to grant permits for planned unit developments, subject to review and approval by the city commission. Technical planning review of these planned unit developments should be provided by the planning and zoning commission.

Sec. 26-44 - Location permit required. A planned unit development may be located in any zoning district upon the

granting of a permit in accordance with the provisions of this article.

Sec. 26-45. - Minimum site area. The minimum site area for a planned unit development shall be ten acres.




Sec. 26-46. - Permit procedure. The regulations prescribed in this article shall regulate the procedure for

making application for a permit for a planned unit development, the public hearing, the staff investigation and technical report, the action by the commission, the delegated representative of the city, the appeal to or the review by the planning and zoning commission, and the lapse or revocation of a permit, and shall regulate new applications and permits to run with the land, subject to the prerequisites found in this article.

Sec. 26-47. - Permit application. The application shall be accompanied by a development plan of the entire

planned unit development, drawn at a scale of 100 feet to one inch, and showing provisions for drainage of surface waters, watercourses, railroads and public utility rights-of-way, streets, driveways, pedestrian walks, off-street parking and off-street loading facilities, reservations for public uses, including parks, playgrounds and other open spaces, private uses, including dwelling types; lot layout, locations, land coverage and heights of structures and landscaped area. In addition to the data and drawing prescribed, the application shall be accompanied by a tabulation of the average population density per net acre and per gross acre in the area proposed to be devoted to residential use.

Sec. 26-48. - Findings required. The planning and zoning commission may grant a permit for a planned unit

development, if on the basis of the application and the evidence submitted, the planning and zoning commission makes the following findings:

(1) The proposed location of the planned unit development is in accord with the objectives of the comprehensive general plan and the zoning and subdivision ordinances and the major purposes of the district in which the site is located.

(2) The standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

(3) The combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.




Sec. 26-49. - Modification by commission. If the city commission reverses a decision of the planning and zoning

commission or modifies a decision of the planning and zoning commission, granting a permit for a PUD, the findings and conditions shall be set forth as in section 26-47.

Sec. 26-50. - Proof of ownership or control. Before a preliminary development plan shall be approved for any

improvement in any district, the owners of all the land included in such area of all structures existing thereon, and of all encumbrances of both such land area and structures, called the applicants, shall present sufficient evidence to establish that the applicants are in fact all the owners or have control of all outstanding interests of the land and structures thereon.

Sec. 26-51. - Filing fee. Before or upon application for a planned unit development district

designation, the applicant shall present to the planning and zoning commission and the delegated representative of the city for their review a preliminary development plan of that portion of the area on which improvements are to be constructed in conformity with the standards contained in this article. Such plan shall be accompanied by:

(1) An application on a form prescribed for this purpose by the city; and (2) Payment of a fee, per master fee schedule, upon but not before, the

approval, registration and recording of the development plan as hereinafter set forth, the applicants for such plan shall be entitled to apply for such permits and certificates as are necessary to proceed with the accomplishment of the plan.

Sec. 26-52. - Contents of development plans. The preliminary and the approved development plans shall be certified by the

applicants and shall show the following existing and proposed items drawn to scale:

(1) The title page of each application and set of plans shall be signed by the applicant's architect, planner, landscape architect, engineer and/or land surveyor. In addition to the engineer and planner, the applicant's submittal shall contain the professional services of at least two of the remaining three professionals involved in the design and construction of the environment.

(2) The boundaries of the area covered by the plan, all public and private rights-of-way and easements bounding and/or intersecting the districts



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which are proposed to be continued, created, relocated and/or abandoned.

(3) The proposed finished grade of the area, shown to contour intervals of not more than two feet.

(4) A description of the proposed lot or lots and the boundaries thereof. (5) The location of each existing and each proposed structure in the

development, the use or uses to be contained therein, the number of stories, the gross floor area, and the location of entrances and loading points thereof.

(6) All curb cuts, driving lanes, parking areas, loading areas, public transportation areas and illumination facilities for the same.

(7) All pedestrian walks, malls and open areas for use by tenants or visitors.

(8) The location and height of each wall, fence and screen planting. (9) The location, size, height and orientation of each sign other than signs

that are flat on building facades and that do not directly face property in a residential district.

(10) The types of surfacings, such as paving, turfing or gravel to be used at the various locations.

(11) The location, type and size of proposed drainage facilities. (12) The location of fire hydrants. (13) The location of water and sewage facilities.

Sec. 26-53. - Preliminary development plan review. Each development plan shall be submitted to the city's planning director or

delegated representative of the city and shall be reviewed in accordance with the following schedules:

(1) The applicant shall file with the planning director or delegated representative of the city, a reasonable number of copies (not less than six), of his development plans as required.

(2) In the review of a preliminary development plan by the planning director or delegated representative of the city, he/she shall recommend to the planning and zoning commission whether such preliminary plan shall be approved subject to compliance with modifications or conditions.

(3) Preliminary and final development plan combined: After approval of the preliminary plan, the applicant may combine his preliminary development plan and final development plan so as to make them one




and the same. The applicant shall indicate on such plan all data required of the preliminary and final development plan procedures.

Sec. 26-54. - Phase development of PUD district. The preliminary and final development plans shall be divided into sections of

proposed development so that in the event of failure to commence timely bona fide construction in any section of an approved final development plan, there will be:

(1) Definitely established lines showing the reduced PUD district after the rezoning of the unused portion of the site area.

(2) Minimum of damage to the unused portion of the site from the standpoint of its suitability for use following rezoning.

Sec. 26-55. - Recording. After completing its review of a development plan, the commission shall

return such plan and all pertinent data, together with a written list of recommendations to the planning director or delegated representative of the city. All approved development plans shall be registered and recorded as set forth in this section.

(1) Upon approval of the preliminary development plan, the applicant shall record one of the approved plans with the planning director. Before recording such plan, such plan shall be reviewed for compliance with any modifications or conditions of the approving agent, dated and approved for recording by the planning director or the delegated representative of the city.

(2) The planning director or delegated representative of the city shall enter the date of receipt on each copy of the plan and shall, within 14 days thereof, review the plan for compliance with the preliminary development plan and this section. If such plan is found to be complete, it shall be transmitted with his comments and recommendations to the commission for further review, comment and action. No final development plan shall be approved unless it is in full compliance with the approved preliminary development plan. The action of the planning and zoning commission shall be completed and due notice thereof, including a written statement of the reasons for disapproval or required modifications thereto, given to the applicant within ten days of such plan.




Sec. 26-56. - Development guidelines. All development plans shall make due provisions for:

(1) Adequate design of grades, paving gutters, drainage and treatment of turf to handle stormwaters and prevent erosion, minimize floodings and formation of dust.

(2) Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces, and waste disposal systems and illumination.

(3) Adequate and proper locations of pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities.

(4) Arrangement of building and vehicular circulation open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

(5) Proper arrangement of signs and lighting devices with respect to traffic control devices and adjacent residential districts.

(6) Fences, walls or year round screen planting where necessary to shield adjacent residential districts from parking illumination, headlights, fumes, heat, blowing papers and dust and to increase the visual privacy and residential neighborhood character.

(7) The average dwelling unit's density per net acre in that portion of a planned unit devoted to residential use can exceed the net dwelling unit density proposed in the approved general plan providing the gross average density of the planning area in which it is located. In calculating population density per net acre, all streets shall be excluded.

Sec. 26-57. - Effects of recording development plan. All final development plans registered and recorded under this article shall be

binding upon the applicants; therefore, their successors and assignees shall limit and control the issuance and validity of all permits and shall restrict and limit the construction, location, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans. Changes during the construction phase must be submitted to the city’s planning and code enforcement department for approval.

Sec. 26-58. - Amendments and appeals. All applicants for development and site plans which are disapproved may file

with the reviewing agents who disapproved the plan, an amendment to such plan or




an amended plan, which amendment or amended plan shall be limited exclusively to changes made necessary to accomplish compliance, with the grounds for disapproval stated by the reviewing agent. Such amendment or amended plan shall be reviewed in accordance with the same time limits and procedures as provided in this article for original submission. All changes, during the construction stage, must be submitted in writing to the Planning and Code Enforcement Department for approval of such.

Sec. 26-59. - Coordination with chapter. It is the intent of this article that the provisions of this chapter be carried out

simultaneously with the review of a planned unit development under other pertinent sections of this chapter.

(1) The plans required under this article must be submitted in a form which will satisfy the requirements of this chapter for the preliminary and final plans required under such regulations.

(2) Both this article and other provisions of this chapter contain regulations which apply to such matters in the design of a planned development as streets and open spaces. In any planned development for which the provisions of the two are in conflict, the planning and zoning commission, with advice and recommendations from the planning director or delegated representative of the city, shall make the decision as to which shall prevail.

Sec. 26-60. - Construction of improvements. The subdivider may, upon final plat approval by the city commission,

construct the required improvements prior to the recording of the final plat. All such construction shall be inspected while in progress by the city, and must be approved by the city. A certificate by such officer stating that the construction conforms to the specifications and standards contained or referred to in this chapter must be presented to the commission prior to release of the final plat for recordation. The construction may not commence until written authorization to commence construction has been issued by the city.

Sec. 26-61. - Security in lieu of construction. If the subdivider chooses to file security in lieu of completing construction

prior to the final plat approval for recordation, he may utilize one of the following methods of posting security. If the subdivider chooses to file security, the plat shall not be approved for recordation unless the subdivider has done one of the following:




(1) Performance bond. The developer has filed with the commission a bond executed by a surety company holding a license to do business in the state and acceptable to the city, on the form provided by the city, in an amount equal to the cost of the improvements required by this chapter and within the time for completion of the improvements as estimated by the city engineer or his designated representative. The performance bond shall be approved as to form and legality by the city attorney.

(2) Trust agreement. The developer has placed on deposit in a bank or trust company in the name of the city and approved by the city, in a trust account, a sum of money equal to the estimated cost of all site improvements required by this chapter, the cost and time of completion as approved by the city engineer, or his designated representative. Selection of the trustee shall be executed on the form provided by the city and approved as to form and legality by the city attorney. Periodic withdrawals may be made from the trust account for a progressive payment of installation cost. The amounts of such withdrawals shall be based upon progress work estimates and approved by the city engineer or the designated representative of the city. All such withdrawals shall be approved by the trustee.

(3) Unconditional guarantee. Unconditional guarantee from local banks or other financial institutions as approved by the city may file with the planning and zoning commission, a letter on the form provided by the city, signed by the principal officer of a local bank or other financial institution, acceptable to the city, agreeing to pay the city on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the subdivider or developer is responsible under this chapter. The guaranteed payment sum shall be estimated costs and scheduling as approved by the city engineer or the designated representative of the city. The letter shall state the name of the subdivision and shall list the improvements for which the subdivider or developer is required to provide for.

Sec. 26-62. - Guarantee of materials and workmanship. The subdivider or developer shall require guarantee of materials and

workmanship of his construction contractors with whom he contracts, for furnishing material and installing the improvements, required under this chapter, and shall himself be responsible for guaranteeing that all materials and workmanship in connection with such improvements are free of defects for a period of one year.

Sec. 26-63. - Acceptance or rejection of construction.




Should one of the three types of security be filed by the subdivider under section 26-61, the city engineer or the designated representative of the city shall inspect the construction of the improvements while in progress, and he shall inspect each improvement upon completion of construction. After final inspection, he shall notify the subdivider and the city attorney in writing as to his acceptance or rejection of the construction. He shall reject such construction if it fails to comply with the standards and specifications contained or referred to in this chapter and if major changes were built not meeting city standard without a written consent. If he rejects such construction, the city attorney shall, on direction of the city commission, proceed to enforce the guarantees provided in this chapter.

Sec. 26-64. - Extension of time. Where good cause exists, the city engineer or the designated representative

of the city may extend the period of time required for completion under section 26-61. Such extension of time shall be reported to the planning and zoning commission and recorded in the minutes. No such extension shall be granted unless security as provided in section 26-61 has been provided by the subdivider covering the extended period of time.

Sec. 26-65. - Responsibility for payment of off-site/on-installation costs. Water and sewer installation necessary to provide adequate and appropriate

services to subdivisions developed under the terms of this chapter (or to subdivisions or additions, or any part thereof, platted and approved pursuant to existing ordinances, or any other former ordinance, but as to which water or sewer installations have not been made at the date of adoption of this chapter) shall be constructed by the city (or under its direction and supervision) but the subdivider shall deposit with the city finance director, prior to the beginning of any such utility construction, costs to defray the cost of such construction as follows:

(1) Deposits. All deposits shall be paid in cash and shall be paid into such special or general fund as the city commission may from time to time determine. Such payments shall not be considered as a trust fund, but rather as a contribution to construction of the city's utility systems.

(2) Installation becomes property of city. Upon completion of the system and acceptance by the city, the installation becomes the property of the city to operate and maintain.

(3) Contributions to construction of off-site water lines. The subdivider's contribution to the cost of the off-site water service to the subdivision shall be an amount equal to the installed cost, including all labor, ditching, engineering and material, of line, fire hydrants, valves, fittings and other appurtenances necessary to furnish water service to the



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subdivision; provided, however, that if any part of such water line is required to be larger than that necessary to serve the subdivision, in order to provide the service deemed necessary by the city, within the subdivision or elsewhere in the city's water system, the city shall pay for the pipe in excess of the size required of the developer as soon as funds can be made available or appropriated.

(4) Contributions to construction of off-site sewer lines. The subdivider's contribution to the cost of the off-site sewer service to the subdivision shall be equal to the installed cost, including all labor, ditching, engineering and material, of lines, lift stations, manholes and appurtenances necessary to furnish sewer service to the subdivision. In order to provide the service deemed necessary by the city within the subdivision or elsewhere in the city's sewer system, the city may, providing funds are available, pay for the pipe in excess of the size required of the developer.

(5) Street. The city may pay, providing funds are available, for street right-of-way in excess of 60 feet in width and for street paving width in excess of 43 feet, except where such extra widths are in commercial or industrial developments of where they are not required by the city.

(6) Bridges. The city may participate, providing funds are available, in extra cost of large drainage structures on principal streets shown on the city’s thoroughfare plan.

Sec. 26-66. - Filing fee. The filing fee for preliminary plats, or re-platting as provided for in this

chapter, which shall be paid upon filing such plat, shall be as set forth, in the master schedule of fees approved from time to time by the city commission.

Sec. 26-67. - Inspection fees. A fee for the inspection of the subdivision improvements shall be paid to the

city prior to commencement of the construction of the subdivision improvements. The fee shall be equal to five percent of the estimated cost of constructing the subdivision improvements and approved by City Engineer. The five percent inspection fee is broken down as follows;

(a) Three percent of the cost of the construction will be placed in an escrow account that will be utilized to pay for construction and materials testing fees, conducted by a third party geotechnical engineering firm that is contracted by the City, incurred by the City during the construction of the subdivision. Any fees invoiced in excess of the amount escrowed will be paid to the City by the




owner prior to the recordation of the plat; any amount remaining in the escrow account after all construction has ceased and invoices paid will be returned to the owner.

(b) The remaining two percent will be utilized by the City as a reimbursement for the inspections conducted by City staff during the construction of the improvements.

Sec. 26-68. - Capital recovery fee for new subdivisions connecting to utility systems.

This section reserved

Sec. 26-69. - Procedure. (a) Vacation of previous plat.

(1) Prior to the sale of any lot. In cases where lots have not been sold, any plan, plat or re-plat may be vacated by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, provided that it is approved and recorded in the manner prescribed for the original plat shall have been obtained, and the execution and recordation of the instrument shall operate to destroy the force and effect of the recording of the plan, plat, or replat as vacated.

(2) After the sale of any lot. In cases where lots have been sold, the plan, plat or replat, or any part thereof, may be vacated upon the application of all the owners of lots in such plat in the manner prescribed for the original plat.

(b) Plat without vacation of immediate previous plat. If there is not compliance with subsection (a) of this section, a replat or resubdivision of a plat, or a portion thereof, but without vacation of the immediate previous plat, is expressly authorized to be recorded and shall be deemed valid and controlling when approved by the planning and zoning commission under the following conditions: (1) All proposals to amend plat.

a. The replat or resubdivision of a plat, or a portion thereof, has been signed and acknowledged by only the owners of the particular property which is being resubdivided or replatted.

b. The replat or resubdivision of a plat, or a portion thereof, has been approved by the planning and zoning commission after a




public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard.

c. The replat or resubdivision of a plat, or a portion thereof, does not attempt to alter, amend or remove any covenants or restrictions.

d. There is compliance, when applicable, with subsections (b)(2) and (b)(3) of this section.

(2) Amending plat procedure shall be in accordance with the current Texas Local Government Code.

a. An amending plat shall meet all of the informational requirements set forth for a final plat.

b. The city manager or an employee designated by the city manager may approve, and the mayor shall sign, an amending plat that complies with this section. The city manager or designated employee may, for any reason, elect to present the amending plat to the planning and zoning commission or the city commission, or both, for approval or disapproval, as in the case of other plats. The city manager or designated employee may not disapprove an amending plat. If the city manager or designed employee refuses to approve the plat, he shall refer it to the planning and zoning commission or city commission, or both, as in the case of other plats, within the time period applicable to other plats. The amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, may be approved if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:

1. Correct an error in a course or distance shown on the preceding plat;

2. Add a course or distance that was omitted on the preceding plat;

3. Correct an error in a real property description shown on the preceding plat;

4. Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;

5. Show the location or character of a monument that has been changed in location or character or that is shown




incorrectly as to location or character on the preceding plat;

6. Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats. Such errors may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats;

7. To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for amending the plat, neither lot is abolished, the amendment does not attempt to remove recorded covenants or restrictions, the amendment does not have a materially adverse effect on the property rights of the owners in the plat;

8. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; or

9. Relocate one or more lot lines between one or more adjacent lots if: a. The owners of all those lots join in the application

for amending the plat; b. The amendment does not attempt to remove

recorded covenants or restrictions; c. The amendment does not increase the number of

lots. 10. To replat one or more lots fronting on an existing street

if:the owners of all those lots join in the application for amending the plat; the amendment does not attempt to remove recorded covenants or restrictions; the amendment does not increase the number of lots; and the amendments does not create or require the creation of a new street or make necessary the extension of municipal facilities.

c. Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.

d. When an amending plat is prepared, the surveyor shall be required to survey only those lots which are affected by the changes. The surveyor shall sign the replat stating the lots which have changed in addition to any other corrections which have been made.




e. The property owners for the lots which are changed shall be the only additional signatures necessary to the original signatures.

Sec. 26-70. – Minor Plats

The city manager or employee designated by the city manager may approve, and the mayor shall sign, a plat involving four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. The city manager or designated employee may, for any reason, elect to present the minor plat to the planning and zoning commission or the city commission, or both, for approval or disapproval, as in the case of other plats. The city manager or designated employee may not dissapprove a minor plat. If the city manager or designated employee refuses to approve the plat, he shall refer it to the planning and zoning commission or city commission, or both, as in the case of other plats, within the time period applicable to other plats.

Sec. 26-71. - Replatting; short form. (a) The procedure provided in sections 26-72 and 26-73 may be followed when

the land proposed to be resubdivided meets the following conditions and requirements: (1) Such land abuts upon a street of adequate width and is so situated

that no additional streets and no alleys, easements or other public property are required in order to meet the requirements of this chapter.

(2) The perimeter of the tract being subdivided has been surveyed and marked on the ground and a plat thereof prepared and filed with the director of planning, and the nearest corner of each lot or parcel of such proposed subdivision is within 200 feet of a known corner which is adequately marked by a concrete monument or iron stake.

(3) The drainage provisions of this chapter have been complied with satisfactorily.

(4) The utilities, as required in this chapter, are in place to serve each parcel or lot of such subdivision or resubdivision, or the installation of utilities will be a minor job, the necessary easements are already existing and arrangements to provide such utilities have been made.

(5) The uses proposed for the property will not require rezoning of any portion of the property.

(b) Formal application for a short form subdivision or resubdivision approval shall be made by the subdivider in writing to the commission.

Sec. 26-72. - Requirements of plats for replatting.



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(a) Filing. The subdivider shall file blue or black line copies of the plat, in such numbers, but never less than 14 copies, of such size and such material as the city planning department may from time to time require, together with the original at least 15 days prior to the date at which the commission will consider the request.

(b) Form and content. The plat shall be drawn to a scale of 100 feet to one inch. When more than one sheet is necessary to accommodate to entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall show the following: (1) Vicinity sketch showing the location of the subdivision in relation to

adjacent arterials or collectors, with sufficient information to locate the subdivision in relation to the rest of the city.

(2) Subdivision boundary lines, indicated by heavy lines, and the computed acreage of the subdivision.

(3) The names and addresses of the subdivider, record owner, engineer and surveyor.

(4) The exact location, dimensions, description and name of all existing and/or proposed alleys, drainage structures, reservations, easements, and lots with accurate dimensions, bearing or deflecting angles with radii, area, and central angles, degree of curvature, tangent distance, and length of all curves where applicable.

(5) The location, dimension, description, and names of existing or recorded public areas, parks, and significant sites within or contiguous with the subdivision.

(6) The location, dimensions, description, and flow line of existing watercourses within the subdivision or on contiguous tracts.

(7) Location of city limits line, the outer border of the city's extraterritorial jurisdiction, and zoning district boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary. This shall be drawn on all blue line copies submitted to the city and will not be required on the final plat.

(8) The subdivision master plan, or preliminary plat shall indicate, by lot, the proposed land use on all blue line copies submitted. This information will not be required on the final plat.

Sec. 26-73. - Processing. (a) The subdivider shall file the plat with a fee equal to the cost of recordation of

the plat with the director of planning. Such plat shall also be accompanied by an administrative fee in accordance with the City of Weslaco Master Fee Schedule. The fee is nonrefundable.




(b) The director of planning shall process the plat and ensure that it is checked for conformance to city ordinances.

(c) The director of planning shall forward the plat to the commission with any comments.

(d) The commission shall have 30 days to conditionally approve or disapprove the plat after it is formally filed with the city, and fees are paid. If the plat is disapproved, the commission shall inform the subdivider in writing of the reasons at the time such action is taken.

(e) If such plat be not disapproved within 30 days from such filing date, it shall be deemed to have been approved by the planning and zoning commission. A certificate showing the filing dates and the failure to take actions thereon within the periods prescribed in this section shall on demand be issued by the planning and zoning commission. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval required in this section.

(f) If the replat is approved, and the current tax certificates submitted, and all other requirements have been met, the commission shall cause to have the plat recorded with the county clerk. No plat shall be filed for record without the written consent of the subdivider. If the subdivider fails to give such written consent within 30 days of the date of final approval of the plat, the commission may at any time thereafter, cancel such approval.

(g) This section is to be interpreted so that if a subdivider wishes to replat, either partially or wholly, an existing subdivision, he does not need to submit a preliminary plat.

(h) A subdivider may present to the commission a proposed sketch or outline of what he or she proposes to do without first platting the property. The commission may approve the proposed plan with the mandatory condition that the subdivider then submit a plat to the commission in accordance with all requirements of this section. This procedure does not constitute preliminary plat or final plat approval.

APPROVED AND PASSED on the first reading the 3rd day of September, 2013 by

the City Commissioners of the City of Weslaco, Texas. APPROVED AND PASSED on the second reading the 15th 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



ORDINANCE NO. 2013-27

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

of Weslaco 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 City 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 of Weslaco, as a home-rule municipality, has full power of local self-government.

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

SECTION I. Ordinance 2013-17 after second and final reading and publication shall be codified in the Weslaco Code of Ordinances as Article VIII of Chapter 134 and be titled Vulnerable Road Users and shall read as follows:

ARTICLE VIII VULNERABLE ROAD USERS

SECTION 134-295. 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 134-296. 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 134-297. 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 134-298. PENALTIES; RESTITUTION.

(a) All penalties for violators of this ordinance shall be subject to a Class C misdemeanor with a fine between $50.00 - $200.00. 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 II.

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 III. PUBLICATION AND EFFECTIVE DATE.

This Ordinance shall take effect and be in force from and after its passage and approval after second readings of this Ordinance and Publication as required by the Weslaco City Charter.

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): III. C.

From (name, title, department and who submitting on behalf of, if any): Michael Kelley, Chief of Police, Weslaco Police Department Subject: Discussion and consideration for approval to enter an agreement with the Drug Enforcement Administration (McAllen HIDTA Task Force).The term of this agreement shall be from the date of signature by representatives of both parties and ending September 30, 2014. Discussion: To authorize the Police Chief, City Sectary and City Attorney to sign the renewal and continue the cooperative agreement between the City of Weslaco Police Department and Drug Enforcement Administration (McAllen HIDTA Task force). The Weslaco Police Department will continue to assign one (1) experienced officer to the McAllen HIDTA Task force for a period of not less than two years. The term of this agreement shall be from the date of signature by representatives of both parties and ending September 30, 2014. The agreement is renewed every year and staff is requesting to continue with HIDTA Task Force. It has been very productive in numerous arrests and the confiscation of large amounts of drugs, money and vehicles. 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: NA Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Interlocal Cooperation Agreement Responsibilities upon Approval: Have a copy of the executed document forwarded to the Weslaco Police Department for filing.


















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III. D.




















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

From (name, title, department and who submitting on behalf of, if any): Arnoldo Becho, Library Director, Mayor Joe V. Sánchez Public Library Subject: Request to approve acceptance of donated monies and gift donations from local vendors and/or the public for the Summer Reading Program (SRP). Discussion: The Mayor Joe V. Sanchez Public Library would like to request permission to apply monetary donations to the 2013 - 2014 SRP budget (budget code: 01-541-2655). The funds received will be used with reasonable respect to the intentions of the donors. Gift donations for the SRP will be used as incentives for reading and participation. The 2014 SRP will provide opportunities for children of all ages to enjoy reading. The program begins roughly May 28st and will run throughout the Summer. Daily reading activities and events will be available Monday through Saturday. 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): None Recommendation for Commission Action: The WPL recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Execution of SRP by Library.




Date of Meeting: Oct. 15, 2013

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

From (name, title, department and who submitting on behalf of, if any): Arnoldo Becho, Library Director, Mayor Joe V. Sànchez Public Library (MJVSPL) Subject: Request for permission to reapply and renew the Reading Is Fundamental (RIF) grant for FY 2013-2014, to accept funds upon award throughout the year, to provide local matching funds so long as these funds do not exceed 10% of the total granted amount in each instance and do not exceed $700 total annually, and to allow the Mayor to execute any associated documents throughout the year. Discussion: Reading is Fundamental was massively defunded in the last Federal Budget and the application process is now drastically different. Instead of their being a standard annual application process, RIF is now much more subject to the whims of donors. The window to accept funds is very small and institutions must react quickly to attain funding. The above proposed standards would allow the library to react quickly and accept grant funds throughout the year, but the proposed standards will also limit expenditures associated to $700 annually and would not authorize participation if the match required was greater than 10% of the total granted amount. RIF is a beneficial grant for community kids, these measures create a regulated way to ensure we continue to receive funding. 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): Recommendation for Commission Action: The MJVSPL recommends provision of permission to execute the program. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: The annual renewal for participation in RIF will be done. As grants which meet the above stated criteria arise, the library will apply for these funds. As needed, signature of the Mayor will be requested.





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

From : Arnoldo Becho, Library Director, Mayor Joe V. Sanchez Public Library Subject: The Mayor Joe V. Sánchez Public Library would like to gain authorization for: the submission of a grant application to the ERate 2014-2015 program, the acceptance of funds upon award, the execution of all related documents, and the acceptance of additional funding if awarded during the grant year. Discussion: The Schools and Libraries Program of the Universal Service Fund (ERate) makes discounts available to eligible schools and libraries for telecommunication services, internet access, and internal connections. The program is intended to ensure that schools and libraries have access to affordable telecommunications and information services. The library would like to continue participation and seeks permission to do so. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: The library will post the required request for bids on the City’s webpage. Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: The Library recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): ERate Overview and ERate Application Flowchart Responsibilities upon Approval: The library will follow ERate protocols and requirements through the duration of the 2014-2015 program. The Mayor will have to sign several documents during the process; the City Secretary will be notified when this action is required.




E-RATE DISCOUNTS FOR SCHOOLS AND LIBRARIES

The E-Rate Program - or, more precisely, the Schools and Libraries Universal Service Support Mechanism - provides discounts to assist most schools and libraries in the United States to obtain affordable telecommunications and Internet access. Four service categories are funded: Telecommunications Services, Internet Access, Internal Connections Other Than Basic Maintenance, and Basic Maintenance of Internal Connections. Discounts range from 20% to 90% of the costs of eligible services, depending on the level of poverty and the urban/rural status of the population served. Eligible schools, school districts and libraries may apply individually or as part of a consortium. The E-Rate Program supports connectivity - the conduit or pipeline for communications using telecommunications services and/or the Internet. The school or library is responsible for providing additional resources such as the end-user equipment (computers, telephones, and the like), software, professional development, and the other elements that are necessary to realize the objectives of that connectivity. The E-Rate Program is one of four support mechanisms funded through a Universal Service fee charged to companies that provide interstate and/or international telecommunications services. The Universal Service Administrative Company (USAC) administers the Universal Service Fund at the direction of the Federal Communications Commission (FCC); USAC’s Schools and Libraries Division (SLD) administers the E-Rate Program. This document summarizes the process schools and libraries follow to apply for and receive E-Rate Program discounts. Each of the steps in this process - preparing a technology plan, opening the competitive process (Form 470), seeking discounts on eligible services (Form 471), confirming the receipt of services (Form 486), and invoicing for services (Forms 472 and 474) - is covered in more detail below. However, this document is not intended to be a substitute for form instructions or the guidance materials posted on the SLD section of the USAC website. The Technology Plan Shows How Technology Will Improve Education or Library Services

The first step for many schools, school districts, and libraries that intend to apply for E-Rate Program discounts is to prepare a technology plan. This plan sets out how technology will be used to achieve specific curriculum reforms or library service improvements. It guides planning and investment - both for E-Rate funds and for the other resources needed to take advantage of technology. A technology plan designed to improve education or library services must contain the following components:

• Clear goals and a realistic strategy for using telecommunications and information technology

• A professional development strategy to ensure that staff know how to use these new technologies

• An assessment of the telecommunication services, hardware, software, and other services needed

• An evaluation process that enables the school or library to monitor progress toward the specified goals.

Before discounted services begin, a SLD-certified technology plan approver must approve their technology plans. Applicants can locate SLD-certified approvers by



using a search tool available on the website. However, applicants who seek discounts only for Telecommunications Services and/or Internet Access need not prepare technology plans. The FCC Form 470 Opens a Competitive Process for the Services Desired

After the technology plan has been developed and the applicant has identified the products and services needed to implement the plan, the applicant submits to the SLD a Form 470, Description of Services Requested and Certification Form, either online or on paper. The SLD posts completed forms on the website to notify service providers that the applicant is seeking the products and services identified. Applicants must wait at least 28 days after the Form 470 is posted to the website and, if applicable, at least 28 days after a Request for Proposal (RFP) is publicly available and consider all bids received before selecting the service provider to provide the services desired. In addition, applicants must comply with all applicable state and local procurement rules and regulations and competitive bidding requirements. A complete description of the requirements associated with the Form 470 can be found in the Form 470 Instructions. • An applicant cannot seek discounts for services in a category of service on the

Form 471 if those services in those categories were not indicated on a Form 470.

• The Form 470 MUST be completed by the entity that will negotiate with potential service providers.

• The Form 470 cannot be completed by a service provider who will participate in the competitive process as a bidder. If a service provider is involved in preparing the Form 470 and that service provider appears on the associated Form 471, this will taint the competitive process and lead to denial of funding requests.

• The Form 470 applicant is responsible for ensuring an open, fair competitive process and selecting the most cost-effective provider of the desired services.

• The applicant should carefully consider whether to receive discounts on bills or reimbursements for services paid in full.

• The applicant must save all competing bids for services to be able to demonstrate that the bid chosen is the most cost-effective, with price being the primary consideration. As with all documents that may be requested as part of an audit or other inquiry, such bids should be saved for at least five years after the last date of service delivered.

Note that once an applicant has signed a multi-year contract in a prior funding year pursuant to a posted Form 470, it need not submit a new Form 470 to be eligible to apply for discounts on the services provided under that multi-year contract for future funding years. After the SLD has successfully posted a Form 470 to the website, the SLD sends the applicant a Form 470 Receipt Notification Letter that provides important information, including the “Allowable Vendor Selection/Contract Date,” the earliest date the applicant can select a service provider, execute a contract, and submit a complete Form 471. The FCC Form 471 Seeks Funding for Eligible Services Competitively Bid

Having selected the service provider, the applicant is ready to complete the Form 471, Services Ordered and Certification Form - the actual request for funding. Because the amount of funding available each year is capped at $2.25 billion (indexed for inflation) and demand in most years has significantly exceeded funds available, FCC rules prescribe a filing window during which all Forms 471 that are filed are treated as if simultaneously received. (Applications that are not filed



within that timeframe likely will not receive funding.) Once the filing window opens, the applicant can submit the Form 471 either online or on paper. The Form 471 is used to calculate the discount percentage to which the applicant is entitled. In general, the E-Rate Program discount is based on the percent of the local school district population eligible for the National School Lunch Program. The Form 471 also lists the individual funding requests, which must be separated by service category and service provider. • ALL window filing requirements – as stated in the Form 471 Instructions – MUST

be met in order for an application to be considered with all others received in that timeframe.

• Schools and libraries are required to pay the non-discount portion of the services for which they receive discounts.

• Funding requests should be limited to the cost of eligible services to be delivered to eligible entities for eligible purposes. If 30% or more of the services in a request are ineligible, the entire request will be denied.

• There are a number of important certifications on the Form 471. Applicants should be sure they can truthfully and correctly make these certifications. The SLD checks the accuracy of the certifications made by applicants and denies funding if one or more of the certifications are found to be untrue. False statements on the Form 471 (and other FCC forms) can result in civil and/or criminal liability.

• The Form 471 cannot be processed without the required attachment(s), which must contain detailed information about the products and services ordered so that the SLD can verify eligibility.

• The Form 471 Receipt Acknowledgment Letter provides important information to the applicant and the service provider, including a summary of the data from the Form 471.

The Funding Commitment Decision Letter Contains SLD Decisions on Funding Requests

Once the Form 471 has been reviewed, the SLD issues one or more Funding Commitment Decision Letters (FCDLs) to both the applicant and the service provider, setting out its decisions for each funding request. If an applicant believes any of its funding requests have been incorrectly reduced or denied, the applicant can appeal the decision(s), either to the SLD or to the FCC. Appeals must be RECEIVED OR POSTMARKED no later than 60 days after the date of the SLD decision letter. The FCC Form 486 Tells SLD that Delivery of Services Has Begun

In order to help the SLD ensure that it pays service providers only for services that have actually been delivered, the applicant submits the Form 486, Receipt of Service Confirmation Form, listing each separate funded request for which the delivery of services has begun. However, applicants who have confirmed that delivery of services will begin in July of the Funding Year may be able to file the Form 486 early (on or before July 31 of the Funding Year). The Form 486 also tells the SLD that the applicant’s technology plan – if required – has been approved, and informs the SLD of the applicant’s status of compliance with the Children’s Internet Protection Act (CIPA). Funding may be reduced if the Form 486 is received or postmarked after the deadline listed later in this document. The Invoice (FCC Form 472 or FCC Form 474) Tells SLD to Pay the Service Provider

The SLD must receive an invoice in order to pay the discount amount on services for which funds have been committed. If applicants receive discounts on their bills from service providers, the service providers must submit the Form 474, Service Provider Invoice Form, to receive payment for the discounts they have provided. If applicants wish to request reimbursement for services for which they have already paid in full, they must submit the Form 472, Billed Entity Applicant Reimbursement Form. The SLD bases the billing mode for each funding request – discounting or



reimbursement – on the first type of invoice it processes for payment. Note that payment will not be made on a Form 472 or a Form 474 received or postmarked after the deadline listed later in this document. Receipt of discounts or reimbursements completes the E-Rate process. Retention of Records and Audits

Applicants MUST maintain their records for at least five years after the last date of service delivered to be able to comply with audits and other inquiries or investigations. USAC and the FCC visit a sample of applicants to ensure services have been delivered in compliance with FCC rules. How to Get More Information

All of the concepts covered in this overview are discussed in more detail on the website at www.usac.org/sl. Specific information on completing the individual forms can be obtained by downloading the forms and instructions from the website. In addition, the Reference Area of the website contains information on deadlines, sample letters, frequently asked questions, and other useful documents. The SLD Client Service Bureau is also available to answer questions by telephone, fax or e-mail during normal business hours:

Telephone: 1-888-203-8100 Fax: 1-888-276-8736 E-mail: Use the “Submit a Question” link on the SLD website

E-Rate Program Timetable and List of Deadlines

Form or Event Deadline or Dates

Funding Year July 1 through the following June 30 (non-recurring services through the following September 30)

Form 470

Posted at least 28 days before the filing of the Form 471, keeping in mind (1) the timeframe for compliance with all competitive bidding requirements and (2) the Form 471 application filing window opening and closing dates

Form 471 window

Early November to early February preceding the start of the Funding Year (exact dates for each funding year will be posted on the website)

Form 471 Received or postmarked no later than 11:59 PM EST on the day of the close of the Form 471 application filing window (exact date will be posted on the website)

Form 486 Received or postmarked no later than 120 days after the date of the Funding Commitment Decision Letter or 120 days after the Service Start Date, whichever is later

Form 472 / Form 474

Received or postmarked no later than 120 days after the date of the Form 486 Notification Letter or 120 days after the last date to receive service, whichever is later

Appeals Received no later than 60 days after the date of the SLD decision letter



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Date of Meeting: 10/15/13

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

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: Resolution to appoint Mr. Bret Mann, Finance Director, Mr. Leonardo Olivares, City Manager, and Ms. Sonia Flores, Assistant Finance Director as the Authorized Representatives to set-up certificates of deposit and money market accounts at bank(s) and credit union(s) on behalf of the City of Weslaco. Discussion: Discussion and consideration to appoint Mr. Bret Mann, Finance Director, Mr. Leonardo Olivares, City Manager, and Ms. Sonia Flores, Assistant Finance Director as the Authorized Representatives to set-up certificates of deposit and money market accounts at bank(s) and credit union(s) on behalf of the City of Weslaco. Fiscal Note: Amount: Term of Impact: Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: To approve. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department




Resolution No. 2013- 76 WHEREAS, the City of Weslaco is a local government of the State of Texas and is empowered to invest funds and to act as custodian of investments purchased with local investment funds; and

WHEREAS, it is in the best interest of the City of Weslaco to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.

NOW THEREFORE, be it resolved as follows:

A. That the individuals, whose names appear in this Resolution, are Authorized Representatives of the City of Weslaco and are each hereby authorized to create accounts and transmit funds for investment in certificates of deposit and money market accounts in bank(s) and credit union(s) on behalf of the City of Weslaco in an amount not to exceed $245,000.00 in each institution and are each further authorized to withdraw funds from time to time (all electronic disbursements must be to a City of Weslaco account and all checks must be written to the City of Weslaco) and to take all other actions deemed necessary or appropriate for the investment of local funds.

B. That an Authorized Representative of the City of Weslaco may apply for a membership in any credit union(s) on behalf of the City of Weslaco as needed.

List the Authorized Representatives of the City of Weslaco. . Name: Leonardo Olivares Title: City Manager

Phone/Fax/Email: Phone: (956)968-3181, Fax: (956) 966-6672, Email: [email protected] 2.Name: Bret Mann Title: Finance Director

Phone/Fax/Email: Phone: (956) 973-3157, Fax: (956) 968-6717, Email: [email protected] 3. Name: Sonia Flores Title: Assistant Finance Director

Phone/Fax/Email: Phone: (956) 973-3157, Email: [email protected] List the name of the Authorized Representative listed above that will have primary responsibility for setting up accounts, performing transactions, and receiving confirmations and monthly statements. Name Bret Mann______________________________________________________________

D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City of Weslaco. This Resolution is hereby introduced and adopted by the City of Weslaco at its regular meeting held on the __15_day _____October______, 2013

NAME OF PARTICIPANT: _____________________________________________

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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

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RESOLUTION NO. 2013- 77

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

WHEREAS, the City of Weslaco has established the Ambulance Advisory Board pursuant to Section 14-1(A) of Ordinance No. 78-39; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Ambulance Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________________ is appointed to serve an unexpired term on the Ambulance Advisory Board and the term will begin on _________________, 2013 and expire on February 16, 2014. PASSED AND APPROVED on this 15th 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



INTERESTED YES/NO FIRST NAME LAST NAME HOME CELL PHYSICAL ADDRESS E-MAIL ADDRESS APPLICATION DATE

Usvaldo Ascencio 956-968-8169 106 Peña Ave [email protected] 6/30/2011Armando Gutierrez 956-968-8175 PO Box 8351 4/15/2004Edward Torres 956-975-1347 956-975-1911 812 W Valley Trace 3/28/2006Rene Rodriguez 956-272-3972 956-968-8733 801 N Palmas [email protected] 12/6/2012Robert Escobar Jr. 956-720-8589 624 S. Pleasantview Dr. [email protected] 6/3/2013George Vela 956-969-2202 956-975-7838 622 Silva Drive [email protected] 8/7/2012

TERM STARTTERM

EXPIRESTERMS SERVED FIRST NAME LAST NAME APPLICATION DATE

1/3/2013 8/8/2014 Paul Garza 1/3/20136/1/1982 11/2/2013 14 Andy Veliz 10/13/2011

6/16/1998 11/2/2013 6 Hector E. Valdez 10/27/201110/4/2005 10/4/2015 3 Ernesto Martinez, Jr. 10/2/2011

12/21/2012 12/21/2014 Roy Tijerina Jr 12/14/2012

Meeting Date

Narrative

Whenever the Building Official refuses to approve the erection or alteration of a structure or building which does not meet the requirements of the Zoning Ordinance, or when it is claimed that the requirements of such ordinance does not apply or that the true meaning and intent of such ordinance has been misconstrued or wrongly interpreted, the owner or authorized agent may appeal such decision. It is the duty of the Board of Adjustments and Appeals to the Zoning Ordinance to review such appeals and after a hearing, may grant a variance of any section of the zoning ordinance, if in its opinion creates a hardship or is contrary to public interest, or when, in its opinion the interpretation of the Building Official should be modified or reversed.

The Board of Adjustments and Appeals to the Building Codes meets the first Monday of every month at 5:00 P.M. in the Legislative Chambers.

APPLICANTS

CURRENT MEMBERS - BOARD OF ADJUSTMENTS & APPEALS ZONING ORDINANCE








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 ______________________________is appointed to serve an unexpired term on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on ______day of _______________, 20____. PASSED AND APPROVED on this 15th day of October, 2013.

CITY OF WESLACO

________________________________ Miguel D. Wise, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY


_________________________________ Ramon Vela, CITY ATTORNEY




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 ______________________________is appointed to serve an unexpired term on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on ______day of _______________, 20____. PASSED AND APPROVED on this 15th day of October, 2013.

CITY OF WESLACO

________________________________ Miguel D. Wise, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY


_________________________________ Ramon Vela, CITY ATTORNEY



Date of Meeting: 10-16-2013

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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, City Engineer, Planning and Code Enforcement, Hidalgo County Urban County Program Subject: Discussion and consideration to approve sole bidder of P148 12-Inch Recycle Line Project Saenz Brothers Construction, LLC from Donna, Texas. Project was advertised by Hidalgo County Urban County Program and bids were opened on October 9, 2013. Discussion: The project to be constructed is a new water recycle line at the city’s Water Treatment Plant. Project major items include the replacement of 2-vertical turbine pumps, 12-inch PVC line and fittings, and a directional bore. Coordination has occurred at design stage with current water plant contractor and city personnel to avoid conflicts. Fiscal Note: Amount: $ 0 Term of Impact: [#] year(s) Identified in Current Budget: No Additional Action Prompted: [ X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): PDF – Recommendation letter from Engineering Firm Responsibilities upon Approval: Letter of approval to be sent to Hidalgo County Urban County Program.






Bid Tabulation Sheet For

City of Weslaco - 12-Inch Recycle Water Line5011/12-80-0310-5000-8000-UCP-ML

ITEM EST. UNIT TOTALNO. DESCRIPTION QNTY. UNIT PRICE PRICE

1-1 Mobilization, Bonds and Insurance (not to exceed 3% of Total Bid) and project signage. LS 1 $ 15,000.00 $ 15,000.00

1-2 Construction Staking LS 1 $ 500.00 $ 5,000.00

1-3 Trench Safety Plan signed and sealed by a professional engineer licensed in Texas LS 1 $ 20,000.00 $ 20,000.00

2-1 Cut, Cap and Abandon existing recycle line routed to rapid mix-basin; according to plans and specifications; complete in place LS 1 7,500.00$ $ 7,500.00

2-2

Remove, Furnish and Install 2-vertical turbine pumps (1600GPM w/ 2-20HP motors) to include, valves, fittings, air release valves, electrical controls, switches, panels, support beams and piping, and all appurtenant work as shown or specified; complete in place.

LS 1 150,000.00$ $ 150,000.00

2-3 Clean existing concrete structure, any spoil material to be hauled and disposed of in approved location conforming to applicable local and state laws. LS 1 15,000.00$ $ 15,000.00

2-4 Furnish and Install 12-inch PVC DR-18 w/ fittings; according to the plans and specifications; complete in place LF 784 55.00$ $ 43,120.00

2-5 Furnish and Install directional bore with 20-inch casing for 12-inch PVC Recycle Line; according to the plans and specifications; complete in place. LF 168 750.00$ $ 126,000.00

2-6 Furnish and Install 12-inch Gate Valve w/ Box; according to plans and specifications; complete in place EA 4 3,600.00$ $ 14,400.00

F i h d I t ll 1 i h Ai R l V l / lt di t th l d

Total General Project

P148 City of Weslaco - 12-Inch Recycle Line

General Project

12-Inch Recycle Water Line

Saenz Brothers Construction, LLC

40,000.00$

2-7 Furnish and Install 1-inch Air Release Valve w/vault; according to the plans and specifications; complete in place. EA 1 3,500.00$ $ 3,500.00

2-8 Furnish and Install 12-inch Check Valve w/ Manhole Enclosure; according to plans and specifications; complete in place EA 1 10,000.00$ $ 10,000.00

2-9 Construct 6-inch concrete (3000PSI) rip-rap and according to the plans and specifications; complete in place. SY 49 65.00$ $ 3,185.00

2-3 Clean existing concrete structure, any spoil material to be hauled and disposed of in approved location conforming to applicable local and state laws. LS 1 15,000.00$ $ 15,000.00

2-3aClean existing concrete structure and resurface w/ Mortar and Carboline, Raven Lining or Approved Equal. Any spoil material to be hauled and disposed of in approved location conforming to applicable local and state laws.

LS 1 35,000.00$ $ 35,000.00

Total General Project

12-Inch Recycle Water Line

TOTAL BASE BID PRICE

Alternate No. 1

TOTAL BASE + ALT 1 BID PRICE

and ADD the following Unit Price Items to replace them:

Total 12-Inch Recycle Water Line

DEDUCT the following Unit Price Items to replace them:

Alternate No. 1

372,705.00$

20,000.00$ Saenz Brothers Construction, LLC

40,000.00$

372,705.00$

412,705.00$

20,000.00$

432,705.00$

[Date] Lefevre Enviromental and Management Consulting Page 1









Date of Meeting: 10-04-2013

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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, City Engineer, Planning and Code Enforcement Subject: Consideration to select firms based on the request for qualifications for professional services for geotechnical and construction material testing. Discussion: The updated subdivision ordinance includes giving the city of Weslaco the responsibility of performing material testing. This testing will be paid by developer based on percentage of construction cost as submitted by project engineer and approved by city engineer. Geotechnical services would be used for in-house projects based on approved fees. Notifications for RFQ were posted in The Monitor on September 9 & 16, 2013. Fiscal Note: Amount: $ TBD Term of Impact: [#] year(s) Identified in Current Budget: No 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): Recommendation for Commission Action: Select 3 firms to create a rotation. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Scoring sheet from staff. Responsibilities upon Approval: Staff will proceed with entering a professional service agreement.




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Date of Meeting October 15, 2013

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

From: David Arce, Parks and Recreation Director Subject: Public purpose agreement for the 2014 fiscal year. (October 2013-September 2014) Discussion: Discussion and consideration to approve a Public Purposes Agreement and/or Lease Agreement with the Boys & Girls Club of Weslaco. City of Weslaco to pay 12 equal payments an amount not to exceed $50,000 for the public purpose services and activities in this contract, and authorize the Mayor to execute any related documents. Possible action. (Requested by the Parks Department.) Attachment. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, if any (name of board/committee, date of action, recommendation): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, Letter of request , event flier, Policy for waiving facility usage fee Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

Agenda Request Form



STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

PUBLIC PURPOSE SERVICES CONTRACT BETWEEN THE CITY OF WESLACO AND THE BOYS AND GIRLS CLUB OF WESLACO

This Contract is entered into on this the 1ST day of October 2013, by and between the City of Weslaco, a Home-ruled Municipal Corporation of Hidalgo County, Texas (hereinafter called "City") and The Boys and Girls Club of Weslaco, Inc. (hereinafter called "Contractor"). Whereas, City is interested in assisting Contractor in providing the city and citizens of Weslaco with such services that accomplish a legitimate public purpose, as is mandated by Article III, Section 52(a) of the Texas Constitution and such services are desirable by the City of Weslaco and such services are identified below and incorporated herein for all purposes; and Whereas, City has available certain public funds that may be spent for services which accomplish legitimate public purposes; and Whereas, the City desires to negotiate with Contractor to provide these public purpose services to the City of Weslaco; and Whereas, the Contractor, upon accepting these public funds obligates and commits itself to provide these public purpose services during the duration of this contract; and Whereas, Contractor is the sole source and only organization or entity that can provide the public purpose services that are described in this contract.

SECTION I.

Contractor agrees to use the public funds it is to receive from City to provide the public purpose services described in Exhibit "A" for the duration of the term of this contract and under the conditions set forth herein. Contractor will be acting as an Independent Contractor in the performance of the terms and conditions of this contract. In consideration of the continued provision of the services in the quality and quantity as represented by Contractor to City, City shall make payment to Contractor as provided in Section VII of this contract.

SECTION II. RECORDS AND REPORTING

Contractor agrees to furnish City its budget and all related expenditures for the duration of this contract. Contractor will maintain all records of operation for the period of this contract that confirms and establishes that the funds furnished by City are and have been used exclusively for the purposes as outlined and detailed herein. A written report of expenditures and the progress of the activities will be submitted on a monthly basis to City. Contractor will, if requested by City, make presentations to the Weslaco City Commission, of the status of the expenditures of public monies and the status of the activities contracted for in



this Contract. Contractor acknowledges and agrees that records (as the term is defined under the Texas Open Records Act) produced by the expenditure of funds received from the City hereunder are and will be subject to public disclosure. Contractor will develop procedures to disclose this information to the public. Contractor will have fiduciary duty to the City with respect to the public funds Contractor receives from the City.

SECTION III. DISCRIMINATION PROHIBITED

Contractor agrees not to exclude any person from participating in or be subject to discrimination under any of the program's activities receiving City financial assistance on the ground of race, color, religion, sex, national origin or disability.

SECTION IV. SUSPENSION AND TERMINATION

If Contractor fails to fulfill in a timely and proper manner its obligations under this contract, or Contractor violates any of the agreements or stipulation of this contract, then the Contractor shall have thirty (30) days after the date of notice, in writing, from City to cure or correct such defect or failure unless City requires that the defect should be cured in a shorter time period as set out in such notice, in which case the earlier requirement for correction shall apply. The City may terminate this contract and seek reimbursement of all funds from the City to Contractor hereunder after such period. Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of this contract by Contractor and the City may withhold any payments to Contractor for the purpose as set out and until such time as the exact amount of damages due the City from Contractor is determined. The failure of the City to exercise any right shall in no way constitute a waiver by the City of Weslaco to otherwise demand payment or seek any other relief in law or in equity to which it may justly entitled.

SECTION V. REVERSION OF ASSETS

Contractor agrees that should it discontinue the operations as provided for herein, then it shall remit all monies relating to any funds to the City upon receipt after the discontinuance of such program. Upon such event, the City is hereby appointed as agent for the purpose of collection of such funds and any unexpended funds still remaining will be appropriated to eligible City activities in keeping with the City's budgetary process.

SECTION VI. TIME OF PERFORMANCE

Time of performance for this Contract shall be for seasonal activities during the city's fiscal year, which begins October 1, 2013 and ends September 30, 2014.

SECTION VII.



PAYMENTS TO CONTRACTOR

City hereby agrees to pay Contractor Fifty Thousand and 00/100 Dollars ($50,000.00) in twelve (12) equally monthly installments of Four Thousand One Hundred and 66/100 Dollars ($4,166.66) each for public purpose services and activities in this contract. Contractor shall invoice City and City shall make payment within Ten (10) days of invoice date. The invoice shall detail all activities Contractor, expenses incurred, the number of boys and girls served and the activities engaged in that are contracted for in this contract.

SECTION VIII. AUDIT

Contractor agrees to furnish City with an audit certified by a certified public accountant covering the contract year with specific receipts and disbursements of the payments to Contractor hereunder. Contractor agrees to require any such auditor to cooperate with City relating to any inquiries by City as to the provisions of such audit. City may conduct service and/or expenditure audits during the term or for one year after the expiration date hereof. Contractor agrees to furnish any records requested by City and to otherwise cooperate with City in relation to any inquiries made by City in the City audit hereunder.

SECTION IX. DEFAULT

Any signatory party to this Contract, who because of the other party's breach hereof may be required to institute any legal proceedings in relationship to this Contract, and who should prevail in any such legal proceedings, shall be entitled to recover court costs and reasonable attorney's fees from the non-prevailing party. The term prevailing party shall mean in the case of the Plaintiff, the party who receives in substantial form or amount the relief sought by such party as set out in the final petition before the court; and as to any Defendant, it shall be considered a prevailing party where the Plaintiff did not substantially recover the relief sought.

SECTION X. VENUE AND REMEDIES

Venue in any suit, right or cause of action arising under or in connection with this Contract shall lie exclusively in Hidalgo County, Texas. This Contract shall be governed, interpreted and enforceable according to the laws of the State of Texas. In addition to any other remedy available by law, it is specifically provided that either party hereto may enforce this Contract by specific performance in a court of competent jurisdiction.

SECTION XI. NOTICES AND ADDRESS

All notices provided to given under this Contract shall be given by certified mail, return receipt requested, addressed to the proper party. The date of mailing of any notice under this Contract shall be deemed to be the date such notice is received and shall be effective from such date. The addresses of the parties to this Contract are as follows:



CITY CONTRACTOR CITY OF WESLACO BOYS’ AND GIRLS’ CLUB OF 255 S. Kansas Avenue WESLACO Weslaco, TX 78596 500 S. Kansas Avenue Attn.: City Manager Weslaco, TX 78596 Attn.: Executive Director

SECTION XII. PARTIES BOUND

This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Contract. The persons signing this Contract on behalf of the City and Contractor warrant that he/she has been duly authorized to execute this Contract and legally bind the City and Contractor to this Contract.

SECTION XIII. LEGAL CONSTRUCTION

In case anyone or more of the provision 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 other provisions thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

SECTION XIV. AMENDMENT

No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated and subsequent to the date hereof and duly executed by the parties hereto after proper authority has been obtained.

SECTION XV. WAIVER OF DEFAULT

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

SECTION XVI. ENUMERATION OF CONTRACT DOCUMENTS

This Contract shall be in accordance with and subject to the provisions of all documents enumerated herein or which may be attached hereto by mutual consent of the contracting parties at any future date, and are hereby made a part of this Contract unless otherwise provided for. This Contract contains the entire agreement of the parties and cannot be changed except by express written agreement. The Contract document so enumerated is:



Statement of Work, EXHIBIT "A" Attachment, Definition of FIVE SERVICE CORE PROGRAM

SECTION XVII. LIABILITY INSURANCE

Contractor will provide, upon execution of this Contract, City with a certificate of general liability insurance naming the City of Weslaco as an additional insured, protecting and insuring the City against claims for liability for bodily injury or other damages by youth or other individuals engaged in the activities funded by this Contract. Contract will hold harmless and indemnify the City of Weslaco, its elected officials, employees, agents or representatives from all claims, actions and damages that are made and assessed against the City of Weslaco, its elected officials, employees, agents or representatives as a result of Contractor's performance of activities and services under this Contract. IN WITNESS THEREOF, City and Contractor have executed two (2) conformed copies of this Contract effective as of this the ___day of __________, 2013. CITY OF WESLACO __________________________________ Miguel D. Wise, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY BOYS’ AND GIRLS’ CLUB OF WESLACO

Mary Lopez, CHIEF PROFESSIONAL OFFICER (EXECUTIVE DIRECTOR)





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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 15 October 2013 Departmental Update • Airport

o No Report.

• City Secretary’s Office o Verified Logic and Accuracy Tests for electronic ballots. o Deputy City Secretary attended the ICS-300 training. o Initiated project to reclassify Human Resource records tagged for permanent

retention. o Continued 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 Slogan for Fire Prevention Week is, “prevent kitchen fires” o Please see attachment on the presentations by the Weslaco Fire Department shift

personnel and fire prevention personnel.

• Homeland Security Department o No Report.

• Information Technology Department

o No Report.

• Library Department o The Wall Remodeling project has been completed. The main library building

reopened to the public on schedule Monday, September 23rd. o The library is planning a ribbon cutting event for Wednesday, October 16th at

10am. Please feel free to attend and notify Arnoldo Becho (956.458.4983) if you would like to speak during the ceremony.



“The City on the Grow”

• Municipal Court

o We have completed our 3rd quarterly report. See the attached document. o We are currently working on the State Monthly Report and other status reports

regarding dismissals. o Night Court sessions will be changing the coming month or two. o The present court sessions are as follows:

Monday through Friday: 12:30 pm Tuesday, Wednesday and Thursday: 6:00pm

o The following is the projected Court Session: Monday through Friday: 12:30pm Tuesday and Thursday: 6:00 pm

• Parks/Recreation

o Ribbon cutting for Pecan Grove Park was October 7 with approximately 20 citizens a part of the ceremony.

o Painted soccer fields and goals for the opening ceremonies of youth soccer at City Park on October 5.

o Weslaco Youth Football League has started and will continue until Thanksgiving at Isaac Rodriguez Park.

o 3 New Swings have been ordered and received.

• Planning /Code Enforcement o The Planning Director and City Engineer attended the ICS-300 training. o Staff met with the MPO staff to discuss future road projects and identify funding

sources for the projects. o Staff met with the City of Donna Planning Director and City Manager to discuss

Weslaco’s annexation plan and future Extraterritorial Jurisdiction (ETJ) issues. o Staff has developed and posted the following on the City website: maps indicating

the City of Weslaco’s annexation plan, 3.5 mile ETJ and the ETJ’s of cities adjacent to Weslaco.

• Police Department o 15 Juvenile Arrests. o 64 Adult Arrests. o 31 Transported to Hidalgo County Sheriff’s Office.

• 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



“The City on the Grow”

o Early afternoon October 8 a valve at the Water plant failed causing low water pressure. The valve was bypassed and water pressure was restored. A Boil Water Notice was issued as per TCEQ requirements.

o Late night October 8 a break in a water line on Bridge St. and the frontage road was caused by the sudden increase in water pressure.

• Upcoming Meetings & Events o LUPE 10 Anniversary (October 18; McAllen) o Economic Development Forum; AEP (October 24; Weslaco)

• Media

o Weslaco residents told not to drink water after break (The Monitor, October 8) o With blitz of new supercenters, Wal-Mart bringing new supermarkets to RGV, too

(The Monitor, October 3) 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)







275 S. Kansas Suite A Weslaco, Texas 78596

Phone 956-969-0838 Fax 956-969-8611

www.weslacoedc.com

INTERIM EXECUTIVE DIRECTOR’S REPORT TO WESLACO CITY COMMISSION

October 2013 1. Interim Director Transition

The transition from Alicia Aguilar to Leonardo Olivares as Interim Executive Director has taken place.

2. Walmart The new concept grocery store complex is moving forward. The groundbreaking is expected by the end of the quarter.

3. Weslaco Farmers’ Market

The Farmers’ Market is scheduled to reopen at the end of October, with all of our previous vendors and several new ones added to the mix. It will be held outdoors in front of City Hall.

4. Applebee’s

The date for the groundbreaking for Applebee’s is to be determined. 5. Chick-Fil-A Commencement of construction for Chick-Fil-A has been pushed back to the first quarter of 2014. 6. Sales Tax

Year-to-date sales tax receipts are still above last year’s. Weslaco is in the top three (3) Hidalgo County cities in sales tax receipts.

AA:mg 10/09/13



Documents

13 10 15 agenda supplements