13 11 05 agenda supplements

Date of Meeting: November 5, 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 Art Beckwith, RGV Fellowship 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

City of Weslaco “The City on the Grow”

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

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

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

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

Joe A. Martinez, Commissioner, District 6

Leonardo Olivares, City Manager

The Pledge of Allegiance to the Flag

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

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

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

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH

Friendly people with vision, courage and integrity

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE

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

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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)……………………….....….. $15.62 Minimum monthly bill, (includes 2,000 gallons of water) if applied for by a Resident over 65 years of age, Disabled, or a Veteran ………….………………..…..$10.41

(2) Charge per each 1,000 gallons or portion thereof…………….………………$2.71

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 (An addition to the base fee when this level is reached.).………………………………………………………………….$13.87 15,001 to 30,000 gallons……………………………………………………...$3.23 30,000 to 35,000 gallons……………………………………………………...$3.26

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35,000 to 35,001gallons (An addition to the base fee when this level is reached.)……………….……………………………………………………..$13.43 Over 35,001 gallons…………………………………………………………..$3.26

Schedule C. Multi Family Inside City Limits

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

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 (An addition to the base fee when this level is reached.)..……………………………………………………………………$13.87 15,001 to 30,000 gallons……………………………………………………$ 3.23 30,000 to 35,000 gallons……………………………………………………$ 3.26 35,000 to 35,001gallons (An addition to the base fee when this level is reached.)…………………...…………………………………………………$13.43 Over 35,001 gallons…………………………………………………………$ 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):

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Meter Size Inside City Outside City 5/8” $348.10 $522.15 1” $514.22 $771.32 1 ½” $890.82 $1,336.23 2” $3,286.06 $4,929.09 3” $4,612.93 $6,919.39 4” $6,936.71 $10,405.06 For all other size taps, the tapping charge shall be based upon the current cost of the meter, required materials, and labor therefore. In cases where the developer has installed their own water lines, tapping saddles, corp. stop, tubing and angle stop up to the ground surface, the fees for a 5/8” meter will be $232.07 for a connection inside the city limits and $348.10 for a connection outside the city limits. Schedule G. Fire Protection Sprinkler Fees There shall be no additional charge per month in addition to the other charges listed in this section, for accounts with a fire protection sprinkler system.

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

ARTICLE II. SERVICE CHARGES Sec. 138.59. Wastewater Rates Prescribed. The following rates shall be charged for use of the wastewater treatment facilities of the City of Weslaco, including storm sewer lines if used for the purpose of disposing waste or cooling water. The rates hereby established shall be applicable to all classes of customers using the city sanitary sewer system, except for industrial customers who will continue to be charged under the provisions of the industrial waste ordinance of the City of Weslaco, Ordinance No. 76-16, as amended:

(1) Minimum Charge Inside City Limits: The minimum monthly charge for all classes of customers using the City of Weslaco wastewater treatment facilities shall be fifteen dollars and forty-five cents ($15.14) per month. The monthly base rate will be ten dollars and thirty-one cents ($10.10) 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 ($1.73) 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 (An addition to the base fee when this level is reached.)..……………………………………………………………………$10.61 15,001 to 35,000 gallons…………………………………………………..…$2.54 35,000 to 35,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$10.27

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Over 35,000 gallons……………………………………………………….…$2.54

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

who discharge wastewater from a private building which is not residential in nature and conduct business activities for the sole purpose of making a profit, and receive an inflow of paying customers for services rendered or the purchase of goods. All sewer accounts required to file for a sales tax number with the state comptroller’s office or an employer’s federal I.D. number with the Internal Revenue Service shall be deemed as commercial accounts. The charge for commercial users shall be as follows: Minimum monthly bill …………………………………….………………...…$12.98 Charges per each 1,000 gallons of metered water use, or portion thereof: 0 to 15,000 gallons……………………………………………………………….$2.61 15,000 to 15,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$12.12 15,001 to 35,000 gallons…………………………………………………..……..$2.91 35,000 to 35,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$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 (An addition to the base fee when this level is reached.)..……………………………………………………………………$10.61 15,001 to 35,000 gallons……………………………………………………..…$2.54 35,000 to 35,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$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 (An addition to the base fee when this level is reached.)..……………………………………………………………………$12.12 15,001 to 35,000 gallons……………………………………………………..…$2.91 35,000 to 35,001 gallons (An addition to the base fee when this level is reached.)..……………………………………………………………………$11.74 Over 35,000 gallons………………………………………………………….…$2.91

(9) The monthly sewer charges for any customer (residential, commercial, multi-family,

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

SECTION III: All other provisions of Chapter 138, Article II, Section 138.58, and Section 138.59, and Ordinance 77-16, and Ordinance 67-10 shall remain in effect and are not being amended by this Ordinance. SECTION IV: These amendments to Chapter 138, Article II, Section 138.58, and Section 138.59, shall be in effect after Second and Final Reading of this Ordinance. PASSED AND APPROVED on first reading at regular meeting of the City Commission this 12th day of September, 2013. PASSED AND APPROVED on second and final reading at regular meeting of the City Commission this 1st day of October, 2013. /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

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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 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

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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 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

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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. 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.

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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. Mayor Pro -em 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 he would 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 October 1, 2013 regular meeting. The motion carried unanimously; Mayor Pro Tem Cuellar was present, but not voting.

CITY OF WESLACO (absent)

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

COMMISSIONER, David R. Fox

COMMISSIONER, Olga M. Noriega

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

Minutes of the Regular Meeting of the Weslaco City Commission on October 15, 2013 Page 1 of 48

A REGULAR MEETING OF THE WESLACO CITY COMMISSION


On this 15th 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 Secretary Elizabeth M. Walker City Attorney Barry Jones for Ramon Vela Also present: Rey Garcia, IT Director; Bret Mann, Finance Director; Veronica Ramirez, Human Resources Director; Jeff Underwood, Planning & Code Enforcement Director; David Salinas, Public Utilities Director; Fire Chief Santiago Cuellar; Arnold Becho, Library Director; Mardoqueo Hinojosa, City Engineer; and several other staff members and citizens.

I. CALL TO ORDER


Mayor Pro-Tem Cuellar called the meeting to order and certified the public notice of the meeting as properly posted Friday, October 11, 2013.

B. Invocation. Pastor Rene Vega from Laborers of Love & Hope 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. PUBLIC HEARINGS

A. To solicit input in compliance with the Consolidated Plan for Community Planning & Development (CDBG) on the City of Weslaco’s needs under the 27th year Urban County Program Year 2014. Mayor Pro Tem Cuellar stated that the public hearing item will be postponed until later in the meeting to comply with posting in the Monitor.

III. CONSENT AGENDA


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

A. Approval of the Minutes of October 1, 2013. (Requested by City Secretary’s Office.) Attachment.

B. Approval on Second and Final Reading of the following Ordinances:

1.) Ordinance 2013-22 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 and authorize the Mayor to execute any related documents. (First Reading held September 3, 2013; Requested by Planning and Code Enforcement Department.) Attachment.

2.) 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 held October 1, 2013; Requested by Planning and Code Enforcement Department.) Attachment.

C. Approval of the renewal of an agreement with the Drug Enforcement Administration (McAllen HIDTA Task Force) ending September 30, 2014 to enhance local law enforcement operations at no cost to the City and authorize the Mayor and designated staff to execute any related documents. (Requested by Police Department.) Attachment.

D. Approval of the renewal of the Interlocal Cooperation Agreement with the County of Hidalgo for 2012 Operation Stonegarden to enhance local law enforcement preparedness and operational readiness at no cost to the City and authorize the Mayor to execute any related documents. (Requested by Police Department.) Attachment.

E. Authorization to accept monetary and other in-kind donations from local vendors and/or the public in support of the Summer Reading Program (SRP) at the Mayor Joe V. Sanchez Weslaco Public Library. (Requested by the Mayor Joe V. Sanchez Weslaco Public Library.) Attachment.

F. Authorization to submit an application renewing 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 authorize the Mayor to execute any associated documents throughout the year. (Requested by the Mayor Joe V. Sanchez Weslaco Public Library.) Attachment.


G. Authorization to submit an application renewing the ERate 2014-2015 Grant 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. (Requested by the Mayor Joe V. Sanchez Public Library.) Attachment.

H. Approval of Resolution 2013-76 authorizing Bret L. Mann, Finance Director, the authority to set-up certificate of deposits and money market accounts at bank(s) or credit union(s) on behalf of the City of Weslaco in an amount not to exceed $245,000.00 each and authorize the Mayor and designated staff to execute any related documents. (Requested by Finance Department.) Attachment.

I. Approval of the request to close Texas Boulevard/FM 88 from Third to Fifth Streets from 3:00 p.m. to 10:00 p.m. on the third (3rd) Thursday of the month from October 2013 to September 2014, with alternate date due to inclement weather the following Thursday, for a block party entitled Al Fresco Weslaco – Jazz on the Street coordinated by the Economic Development Corporation of Weslaco, authorizing the sale of wine and beer by a Texas Alcoholic Beverage Commission (TABC) licensed vendor, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by the Economic Development Corporation.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the consent agenda as presented. Commissioner Noriega requested item III. H. be withheld from the consent agenda for discussion. Commissioner Tafolla, seconded by Commissioner Noriega, moved to amend the motion to withhold Item III. H from the consent agenda for discussion. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. Mayor Pro-Tem Cuellar stated that motion is to approve items A, B1, B2, C, D, E, F, G and I. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. For the record, Ordinance 2013-22 reads as follows:

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, 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.

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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

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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.

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 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

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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 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:

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(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

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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 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

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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 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.

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(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.

(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. For the record, Ordinance 2013-27 reads as follows:

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 from the opposite direction 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 15th day of October, 2013 by the City Commissioners of the City of Weslaco, Texas. /s/ John F. Cuellar, MAYOR PRO-TEM ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

IV. APPOINTMENTS

A. Discussion and consideration to accept the resignation of Bertha Suarez from the Ambulance Advisory Board and approve Resolution 2013-77 appointing one member to that unexpired term. Possible action. (Requested by Fire Department.) Attachment. Commissioner Noriega moved to appoint Ms. Leticia Lopez to the Ambulance Advisory Board. In response to the City Manager, the City Secretary stated that Ms. Lopez did not have a letter on file for tonight’s meeting. The City Manager clarified that the resolution on appointments states that a citizen must have an application on file with the City Secretary’s Office and either attend the meeting or submit a letter to the Mayor. There was no action on Resolution 2013-77. Mayor Pro-Tem Cuellar expressed his gratitude to Ms. Bertha Suarez for her service on the Ambulance Advisory Board. Commissioner Tafolla, seconded by Commissioner Martinez, moved to accept the resignation of Bertha Suarez from the Ambulance Advisory Board. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

B. Discussion and consideration to approve Resolutions 2013-78 and 2013-79 appointing two members to expired terms on the Board of Adjustments and Appeals.


(Requested by Planning and Code Enforcement Department.) Attachment. Commissioner Fox, seconded by Commissioner Rivera, moved to approve Resolution 2013-78 reappointing Mr. Andy Veliz to an expired term on the Board of Adjustments and Appeals. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. Commissioner Tafolla moved to appoint Mr. Rene Rodriguez to the Board of Adjustments and Appeals. The City Manager stated that Mr. Rodriguez was not present and had not submitted a letter. There was no action on Resolution 2013-79. For the record, Resolution 2013-78 reads as follows:

RESOLUTION NO. 2013- 78

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 ___Andy Veliz__ is appointed to serve an unexpired term on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on 2nd day of November, 2015. PASSED AND APPROVED on this 15th 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.

CONSENT AGENDA

H. Approval of Resolution 2013-76 authorizing Bret L. Mann, Finance Director, the authority to set-up certificate of deposits and money market accounts at bank(s) or credit union(s) on behalf of the City of Weslaco in an amount not to exceed $245,000.00 each and authorize the Mayor and designated staff to execute any related documents. (Requested by Finance Department.) Attachment. Withheld from the consent agenda, the City Manager stated that there are certain funds that the City deposits into local financial institutions; the Commission adopted the Public Funds Investment Act to regulate any investment instruments by the City. This item will allow the Finance Department to invest some of the funds into Certificates of Deposits.


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

V. NEW BUSINESS

A. Discussion and consideration to approve sole bidder of 12-Inch Recycle Line for Urban County Program Project 148 to Saenz Brothers Construction, LLC from Donna, Texas and authorize the Mayor to execute any related documents, including a letter of concurrence. Possible action. (Requested by Sponsored Projects.) Attachment. The City Manager stated this project was an undertaking with the county, which would allow the Water Treatment Plant to re-circulate excess water back into the detention pond. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. Commissioner Noriega asked how much time was given to allow contractors to bring in bids. The City Manager responded that since this is a Community Development Block Grant funded project, the Urban County is administering the process. Mr. Jeff Underwood clarified this is a federal pass through program, so the county must follow all federal procurement standards and are asking the City for concurrence. Staff feels comfortable with the bid because it is within the estimated amount. Mr. Underwood stated that Mr. Mardoqueo Hinojosa, Richard LeFevre representing LeFevre Engineering and he were present at the bid opening. In response to Commissioner Tafolla, the City Manager stated that the savings from this project would come from the improved efficiencies. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

II. PUBLIC HEARINGS

A. To solicit input in compliance with the Consolidated Plan for Community Planning & Development (CDBG) on the City of Weslaco’s needs under the 27th year Urban County Program Year 2014. Commissioner Tafolla, seconded by Commissioner Martinez, moved to open the public hearing. The motion carried unanimously; Mayor Pro Tem Cuellar was present, but not voting. City Manager stated that the funds for CDBG come from Housing and Urban Development monies through the State and then programmed by the County. Each municipality is awarded funds based on population. This public hearing is to allow for input from the citizens on how those funds should be spent.


Commissioner Fox asked what the population threshold was so that City could become an entitlement city. Mr. Underwood responded that the census has to show are population at 50,000. City Manager stated that they are proposing the current use of funds from last year. Mayor Pro Tem Cuellar stated that due to the volume of citizens signed up to speak he would like to maintain the three (3) minute rule. Mr. Oscar Vela, representing RGV Literacy Center, stated that their organization just recently relocated to Weslaco from Pharr and are asking for $20,000.00 in funds for the upcoming year. The Literacy Center has over 800 students annually with 100 of those students being residents of Weslaco. They are hoping to increase their enrollment by another 200 to 300 students. Ms. Rocio Mata stated that they are the only comprehensive literacy program in Hidalgo County. Commissioner Tafolla, seconded by Commissioner Rivera, moved to close public hearing. The motion carried unanimously; Mayor Pro Tem Cuellar was present, but not voting.

A. To solicit input from interested parties on the City’s proposed annexation proceedings to extend the corporate limits of the City of Weslaco to include the following territory: (Posted separately on October 12, 2013 however public hearings were held concurrently). Tract 1:

A tract of land containing 84.64ac situated in the County of Hidalgo, Texas, being a part or portion of farm tracts 168,169 and 170, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records

Tract 2: A tract of land containing 139.51ac situated in the County of Hidalgo, Texas, being a part or portion of farm tracts 155,156,159 and 160, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 3: A tract of land containing 87.26ac situated in the County of Hidalgo, Texas, being a part or portion of farm tracts 154,161,166 and 167, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 4: A tract of land containing 154.30ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 128,141,172,208 and 209, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 5:


A tract of land containing 182.71ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 186,183,174,173,184,172 and 185, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 6: A tract of land containing 160.09ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 197,198,199 and 200, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 7: A tract of land containing 159.94ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 230,231,232 and 233, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 8: A tract of land containing 193.20ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 234,235,236,237 and 191, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 9: A tract of land containing 207.10ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 182,187,191,192,193 and 194, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 10: A tract of land containing 319.94ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 175,176,177,178,246,247,248 and 249, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 11: A tract of land containing 80.06ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 250 and 251, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 12: A tract of land containing 240.31ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 111,112,113,114,252 and 253, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 13: A tract of land containing 239.82ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 1030,1031,1032,1034,1035,1036 and 1100, West and


Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 14: A tract of land containing 200.74ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 1020,1021,1022,1023,1024,1025,1094,1098,1099 and 1100, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 15: La Paloma de las Sombras Subdivision, a subdivision containing 10.00ac of land and being part of Farm Tract 705, Block 136, West Tract Subdivision, Llano Grande Grant, as recorded in Volume 2, Pg. 34-37 of the Map Records in the office of the County Clerk of Hidalgo County, Texas Tract 16: A tract of land containing 410.84ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 32,32-B,36 and Ranchitos de Progreso Phase 1 ,S.W. Fordyce Tract of the Llano Grande Grant, according to the plat thereof recorded in Hidalgo County Map Records Tract 17: A tract of land containing 35.88ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 799,800 and 804 West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 18: A tract of land containing 656.27ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 63,64,75,76,77,78,89,90,91,92,104,105,106,108,109 and part of the Hidalgo and Cameron County Irrigation Distrcit N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 19: A tract of land containing 43.96ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 1011, 1018 and 1019 West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 20: A tract of land containing 280.22ac situated in the County of Hidalgo, Texas, being a part of portion of S.W. Fordyce Tract, Moore and Son Farm Tract and J.J.Y. De Balli Tract of the Llano Grande Grant, according to the plat thereof recorded in Hidalgo County Map Records Tract 21: Tejas Cuatro Subdivision, a subdivision containing 10.00 acres out of Farm Tract 115, Block 161, West Tract Subdivision, Llano Grande Grant, and Tejas Cuatro Phase 2 Unit A Subdivision, being a 13.78 acre subdivision out of Farm Tract 172,


Block 161, West Tract Subdivision as recorded in Volume 2, Pg 34-37 of the Map Records in the office of the County Clerk of Hidalgo County, Texas. Tract 22: A tract of land containing 318.93ac situated in the County of Hidalgo, Texas, being all of farm tracts 280,285,288,293 and 294 and part of the Hidalgo and Cameron County Irrigation District N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, also all of farm tracts 84,85 and 86 out of the La Blanca Agricultural Co. Subdivision, according to the plat recorded at the Hidalgo County Map Records. Tract 23: A tract of land containing 752.11ac situated in the County of Hidalgo, Texas, being all of farm tracts 1057,1058 and 1059 and part of the Hidalgo and Cameron County Irrigation District N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, also all or part of Lots 2,7,9,10 out of Block 117,Lots 1,8,9,10,11,12 out of Block 100, Lots 4 out Block 83, part or all of Lots A thru H,N,O,P,Q,R out of the Capisallo Heights, part or all of Lots 13,14 out of Block 84, and 3024,3025 out of the Capisallo Subdivision, according to the plat recorded at the Hidalgo County Map Records. Commissioner Rivera, seconded by Commissioner Martinez, moved to open the public hearing. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. Mayor Pro-Tem stated that he was happy to see so many citizens in attendance at tonight’s meeting. The City Manager stated that the City was incorporated in 1919 and has developed well from farmland since, just as urbanization spread across the county. Staff is looking ahead to where Weslaco is going to be in the next 100 years. The proposed annexation is for 23 tracts of varying sized land. Staff followed state law to grow within its Extra Territorial Jurisdiction and the City can control the development within the ETJ based on the inhabitant calculation. The City Manager stated that in areas where there is overlapping ETJ the cities have to try to work it out and have entered into an agreement with Mercedes that no action will be taken on the annexation or the litigation at this time. Mayor Pro-Tem Cuellar reiterated the City would not proceed with the annexation until litigation is resolved. A property tax survey has been conducted of the surrounding cities and the majority has a higher property tax rate than Weslaco. Over the past few years annexations by the City were not feasible due to financial constrains; since the general fund balance has improved now is the time to annex. The following individuals spoke in opposition to the annexation noting various concerns such as limited resources at the Police Department, street conditions, street


lighting, bad publicity the city is receiving, the belief that the City was cherry picking areas to annex for the collection of taxes, higher water rates, the need for wastewater lines instead of septic, concerns about existing businesses, and the desire to maintain a rural community (whenever possible, the proposed annexation area in which the speaker owns property is noted):

• Paula Villanueva Area 7-10 • Pamela Skinner • Clara & José Rodríguez Area 10 • Lydia Cavazos Guerra Area 10 • Rene Sanchez Jr Area 7 • Jaime Treviño Area 8 • Sergio Díaz • Alicia Rodríguez Area 10 • José Estrada • Richard Vos Area 22 • Albert Cavazos Area 16 • Bob & Minerva Reese Area 9 • Anthony Luna Area 8 • Javier Martínez Area 7 • Mary Flores Area 10 • Antonio Arroyo Area 6 • Emilio de los Santos Area 9 • Juan Ramos Area 9 • Benita Valadez Area 18 • Roy Fuentes Area 1

Written petitions received from speakers have been preserved for the record. The City Manager stated that the City was required to provide both hard and soft services to the areas annexed, with soft services being provided immediately in accordance with state law. Mayor Pro-Tem Cuellar stated that the surrounding cities are pursuing annexation and there is the possibility that if these areas are not annexed by Weslaco they could be annexed by a neighboring city. Mr. Underwood stated that the areas have been selected to protect the City’s growth corridors. The City Manager clarified that by protecting those growth corridors the City ensures the sales tax revenues of those commercials areas. Mr. Underwood stated that residents of gated communities do not receive street improvements or streetlights from the City because the streets are privately owned. An ag exemption does apply and the owners have the option to execute a development agreement with the City to avoid accruing City taxes. Mayor Pro-Tem Cuellar stated that neighborhoods also have the option of filing for voluntary annexation. Oscar Ramírez, City Manager of Donna, stated that the City of Donna does not want to annex the area across Midway and respects that to be dividing line between the two ETJs. The City of Donna is willing to respect its agreement with the City of


Weslaco in order to avoid any court cost. City Manager stated that the City of Weslaco is also willing to respect the agreement and will not be proceeding with the annexation of Tracts 1, 2 and 3. Commissioner Rivera, seconded by Commissioner Martinez, moved to close public hearing. The motion carried unanimously; Mayor Pro Tem Cuellar was present, but not voting.

V. NEW BUSINESS

B. Discussion and consideration to select three engineering firms based on the request for qualifications for professional services for geotechnical and construction material testing to be paid by the developer and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated this item was to obtain more objectivity; staff proposes to hire geotechnical consultants to provide the services and the developer to pay for the cost. Staff recommends the top three engineering groups, which are Terracon, Raba Kistner, and MEG Engineers. Commissioner Rivera, seconded by Commissioner Tafolla, moved to slect Terracon, Raba Kistner, and MEG Engineers based on the request for qualifications for professional services for geotechnical and construction material testing to be paid by the developer and authorize the Mayor to execute any related documents. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

C. Discussion and consideration to approve a Public Purposes Agreement and/or Lease Agreement with the Boys & Girls Club, Inc. an amount not to exceed $50,000.00 to be paid in twelve (12) equal installments for the public purpose services and activities in this contract, and authorize the Mayor to execute any related documents. Possible action. (Requested by Parks & Recreation Department.) Attachment. The City Manager stated that this item was for this year and, at the request of some of the Commission, is currently working to identify additional funding within this first quarter. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. In response to Commissioner Noriega, Mr. Mann responded that the funds were in the budget, but the item has been brought before Commission for the approval of the agreement and the disbursement of funds more than $15,000.00. In response to Commissioner Noriega, the City Manager stated that Ms. Gloria Givilancz would be monitoring the non-profit organization to ensure that they remain in compliance. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.


D. Discussion and consideration to authorize the use of the Court Technology Fund to

pay the yearly Incode Service fee, which include the Court Management, Media Plus Automated Cash Drawer, Police (non-Incode Interface to Court), Epson TM-u950p Receipt Validation Printer, and AcuCorp Run Time in the amount not to exceed $8,816.83 and authorize the Mayor to execute any related documents. Possible action. (Requested by Municipal Court.) Attachment. The City Manager stated that this item is for a renewal of the current contract; staff recommends approval. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. Commissioner Noriega asked if bids had been requested. The City Manager responded that this was a continuation of the existing contract. Mr. Rey Garcia stated that staff has a good working relationship with Tyler Communications. Mr. Mann stated that this module is part of a package that the entire City currently operates off of, which may not be compatible with other software. Staff researched other potential software, but they do not offer all the modules that the City requires. Mr. Salinas stated that Tyler is a parent company for Incode, which includes suites for Human Resources, Utility Billing, Planning and Court. Incode is currently the highest ranked software of this kind. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

E. Discussion and consideration to authorize the use of the Court Technology Fund for the lease of a copy/printer/facsimile machine from De Lage Lander and the contract overage fee for number of copies that surpassed the amount established from Core Business Solution in the amount not to exceed $2,450.00 and authorize the Mayor to execute any related documents. Possible action. (Requested by Municipal Court.) Attachment. The City Manager stated this item was for the continuation of the existing lease; staff recommends approval. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting.

F. Discussion and consideration to award the best qualified, most advantageous bidder for chlorine chemicals necessary for the operation of the Water, Wastewater, and Lift Station systems, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated that this item was for the continuing effort towards self-performance at the water treatment plants. Staff recommends award to DPC Industries.


Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. Mr. Salinas stated that only two bids were received one was from DPC and the other was from Brentag and noted that DPC came in at a lower price. Commissioner Noriega opposed because the item is incomplete. The motion carried (4-1); Mayor Pro-Tem Cuellar was present, but not voting.

VI. REPORTS

A. Report by City Manager and Department Directors, Upcoming Meetings, Appointments, and Feedback. Attachment. The City Manager announced that the wall remodeling at the Public Library has been completed and the ribbon cutting will be held tomorrow. A ribbon cutting was also held at Pecan Grove Park on October 7.

B. Report on Financial Status. Attachment. Mr. Mann reported that in 2010 the Finance Department identified its three main goals for the City, which were to improve the audit opinion, improve Standard & Poors rating, and attain a 25% fund balance. In 2010-2012 the City received unqualified opinions on its audits, which is the highest rating for an audit. The City’s bond rating has been raised to an A- with a financial management of rating of good. Mayor Pro-Tem Cuellar stated that for the past three years the Commission has relied on the City Manager and Mr. Mann to maintain conservative numbers on revenues and expenditures. Mr. Manuel Garcia concurred that was a fair statement that the City is in a solid financial situation. Mr. Mann stated that in the past as much of 29% of the utility fund were transferred to the general fund balance, currently the City only transfers 12% of the utility fund. The City has been able to achieve its fund balance by transferring fewer funds from utilities, which in turn passes on savings to the citizens. Finally, the City has been able to achieve an unreserved fund balance of 26.35% two years ahead of schedule. Mr. Mann expressed his gratitude the citizens for their patience, the Commissioner for its guidance and the staff who has worked with less benefits, more work, and fewer people.

C. Report by Public Utilities Department on Self-Performance of Water, Wastewater, and Lift Station systems. Mr. Trinidad Cantu reported that the City was able to retain six (6) employees from OMI, four (4) of whom have licenses. Another six (6) employees were hired from neighboring cities. Prior to October 1 a walk through was conducted at the Water Plant with OMI and City staff. Photographs were taken so staff can do a comparison of improvements later. Mr. Salinas stated there have been 19 employees in total hired to continue the operations of the treatment plants and lift stations. The


Commission just approved the contract for chlorine services and is pending a contract for laboratory services. There was a slight issue with the lab contract the City had selected, however laboratory services are currently being conducted by the company that was contracted by OMI. Mr. Salinas spoke to the water break that took place on October 8, when a value from 1947 gave out when the plant attempted to re-pressurize after a minor break was repaired. The incident was contained and pressure was restored a couple of hours after the break took place. There was a third break that took place later on that night on Bridge Street when an 18 inch line from 1955 gave out after the final re-pressurization. The City Manager stated that this break was a minor accident that had major consequences and apologized to the public and thanked for their patience.

D. Report by the Economic Development Corporation of Weslaco. Attachment. The City Manager referenced the report as provided.

VII. PUBLIC COMMENTS There were no comments received.

VIII. EXECUTIVE SESSION Mayor Pro-Tem announced the regular meeting to convene in Executive Session. 9:35 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. Potential Litigation - Consultation with City Attorney to award a contract for professional services to investigate potential conflicts of interest, misconduct, and/or breaches of contract by professional contractors pursuant to §551.071 of the Texas Government Code. There was no action on this item.

B. Potential Litigation – Consultation with the City Attorney regarding a lease with the City of Weslaco at the Weslaco Mid Valley Airport pursuant to §551.071 of the Texas Government Code. There was no action on this item.

X. ADJOURNMENT The regular meeting of October 15, 2013 stood adjourned without a quorum, at 9:35 p.m.

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


ATTEST: CITY SECRETARY, Elizabeth M. Walker MAYOR PRO-TEM, J.F. “Johnny” Cuellar


COMMISSIONER, Olga M. Noriega

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

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SPECIAL MEETING OF THE WESLACO CITY COMMISSION


On this 29th day of October 2013 at 6:00 p.m., the City Commission of the City of Weslaco, Texas convened in a Special Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor 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 Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Rey Garcia, IT Director; Mardoqueo Hinojosa, City Engineer; and several other citizens.

I. CALL TO ORDER


Mayor Pro-Tem Cuellar called the meeting to order and certified the public notice of the meeting as properly posted Saturday, October 26, 2013.

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

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

II. PUBLIC COMMENTS There were no public comments received.

III. EXECUTIVE SESSION Mr. Arnold Aguilar, special assigned counsel, provided a brief overview of the executive session item stating that when the lawsuit was filed he found no basis for the claims and filed a motion to dismiss. The plaintiff then filed an amended complaint on October 23 with new allegations. Mr. Aguilar feels there still is no merit and will be filing a new motion to dismiss. At 6:07 p.m., the Mayor Pro-Tem Cuellar announced the regular meeting to convene in Executive Session. At 6:42 p.m., the Mayor Pro Tem Cuellar announced the City

Page 2 of 2

Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

IV. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Pending Litigation – Consult with Special Assigned Counsel Arnold Aguilar regarding Cause No. C-1048-13-D, DKIII Hornback Enterprises, Ltd., Plaintiff, v. John Cuellar, Guadalupe Rivera, Jerry Tafolla, Leo Olivarez, and Jose Martinez, Defendants in the 206th Judicial District Court of Hidalgo County, Texas as authorized by §551.071 of the Texas Government Code. There was no action on this item. The City Manager stated that a serious allegation of bribery was mentioned in the amended complaint and believes such allegations should have been reported immediately to law enforcement.

V. ADJOURNMENT With no other business before the Commission, at 6:44 p.m. Commissioner Tafolla, seconded by Commissioner Martinez, moved to adjourn the October 29, 2013 special meeting. The motion carried unanimously; Mayor Pro-Tem Cuellar 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


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

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816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532

www.lglawfirm.com

Mr. Brewster’s Direct Line: (512) 322-5831 Email: [email protected] Fax: (512) 472-0532

M E M O R A N D U M TO: City and Other Political Subdivision Members of ERCOT FROM: Chris Brewster DATE: October 2, 2013 RE: ERCOT Membership Renewal for 2014 The purpose of this memorandum is to recommend that your city or other political subdivision renew its membership in the Electric Reliability Council of Texas (“ERCOT”) for 2014. For the reasons that we detail below, an ERCOT membership continues to be a straightforward and cost-effective way for your city to influence electric policy in Texas, and we recommend that you submit your ERCOT membership renewal by November 8, 2013. The membership fee is $100 per year. What is ERCOT? ERCOT is the entity that is responsible for operating the electric grid in the deregulated portion of Texas. Furthermore, ERCOT maintains the set of complicated rules that frame the way that electricity is bought and sold in the deregulated wholesale market. Through a process of negotiation and deliberation within committees of interested parties, the ERCOT stakeholder process is constantly reviewing and revising these rules, known as the ERCOT protocols. Most of the issues addressed at ERCOT are addressed nowhere else – the Public Utility Commission (“PUC”) has largely delegated these issues to the ERCOT stakeholder process. What role do cities play in the ERCOT process? Consumers, such as cities and other political subdivisions, have a voice in ERCOT’s decision-making process. Each segment of the ERCOT market has a vote on issues before ERCOT, through its representatives on the Technical Advisory Committee (“TAC”) and the Board of Directors. TAC and the Board are the bodies responsible for making the most important decisions about the detailed workings of the ERCOT market. These decisions can have bottom-line impacts on electricity prices. A total of 147 cities and other political subdivisions joined ERCOT in 2013. With this membership strength, cities successfully elected two city representatives to TAC and one director to ERCOT’s Board of Directors for 2013. A strong contingent of city members would make continuation of this strong presence likely for 2014.

mailto:[email protected]

ERCOT Member Cities October 2, 2013 Page 2

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As you know, ERCOT faced many challenges in 2013 including trying to ensure that an adequate energy supply is in place over the next several years. Both ERCOT and the PUC are considering high-level market design changes that could significantly increase customers’ bills. This will no doubt lead to another challenging year in 2014. We expect the PUC and the ERCOT stakeholder process to continue to examine many aspects of Texas’s deregulated market design in 2014, making cities’ presence in the ERCOT process on behalf of consumers of continued importance. What does an ERCOT membership require? It is not difficult to renew your ERCOT membership. A simple form is required, along with payment of a $100 membership fee. In the pages that follow, you find a guide to completion of the form. We are also available to assist you; please feel welcome to call me (Chris Brewster) at my phone number at the top of this memorandum, or email me at [email protected].

In order to vote for candidates for the 2014 Technical Advisory Committee and the Board of Directors, ERCOT must receive your renewal application and $100 fee by Friday, November 8, 2013. In completing the attached form, please note the following: • Only corporate members may vote in ERCOT matters. In response to Question No. A.2 on

the form, we recommend that cities renew as Corporate, rather than associate, members. [for your convenience, we have already checked this option]

• For corporate members in the Small or Large Commercial Consumer Segment, the renewal

fee is $100. The form designates how the payment is to be made in paragraph A.3. • Question No. A.4 asks that you designate the segment in which you are renewing. Cities

qualify for membership in the Consumer segment, and within that segment you must choose either the Small or Large Commercial Consumer sub-segments.

In the listing of cities on the attached page, we have noted which cities joined in each of these categories for 2013. We recommend that you choose the same segment when renewing your membership for 2014. Please call me (Chris Brewster) at 512-322-5831 (or email: [email protected]) if you have any questions about this.

• In response to Question No. A.5, please designate as your authorized representative an

employee of your city that can receive notices from ERCOT. ERCOT contacts its members very rarely; this person will not be inundated with emails. During the coming year, please feel free to forward anything you receive from ERCOT to me at the email address above.

• There is no need to answer Question No. A.6, as it is not relevant to cities’ memberships in

ERCOT.


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• Item A.3 on the form states the address at which to mail the form to ERCOT, but this can also be done by email: [email protected] or fax: (512) 225-7079. Please note that if you submit your application via email or fax, you must still send the $100 renewal fee to ERCOT by mail or wire. After you have sent your application to ERCOT, please forward a copy of your application to us at my email address or fax number shown above. This will help us track pending applications, and will allow us to follow up with ERCOT if issues arise.

Please feel free to call or email us if you have any questions in completing the form or about ERCOT in general.


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ERCOT Membership List for 2013 (taken from website) Small Commercial Large Commercial Aransas County Municipal Utility District No. 1 City of Belton City of Benbrook City of Bishop City of Breckenridge City of Caddo Mills City of Carrizo Springs City of Cedar Hill City of Celina City of Charlotte City of Cisco City of Clyde City of Comanche City of Commerce City of Coppell City of Copperas Cove City of Corinth City of Crockett City of Crowley City of Decatur City of Deer Park City of DeSoto City of Dilley City of Dublin City of Early City of Eastland City of Falfurrias City of Farmersville City of Frisco City of George West City of Glenn Heights City of Gunter City of Hamilton City of Harker Heights City of Hutto City of Ingleside City of Josephine City of Keller City of Kerens City of Lake Worth City of Little River-Academy City of Lorena City of Los Fresnos City of Malakoff City of Midlothian City of Morgan's Point City of Murchison City of Murphy City of Oak Point City of Ovilla City of Paris City of Piney Point Village City of Point Comfort City of Pottsboro City of Ranger City of River Oaks City of Rotan

Aquilla Water Supply District City of Abilene City of Alamo City of Allen City of Aransas Pass City of Arlington City of Big Spring City of Brownwood City of Canton City of Carrollton City of Cleburne City of Corpus Christi City of Dallas City of Euless City of Farmers Branch City of Fort Worth City of Galveston City of Grand Prairie City of Grapevine City of Haltom City City of Harlingen City of Honey Grove City of Houston City of Howe City of Irving City of Killeen City of Kingsville City of La Feria City of Lewisville City of Mansfield City of McAllen City of Mercedes City of Mesquite City of Mission City of Missouri City City of Mont Belvieu City of North Richland Hills City of Odessa City of Pearland City of Port Lavaca City of Portland City of Rio Grande City City of Robinson City of Rockport City of Rosenberg City of Sachse City of San Angelo City of Seadrift City of Sherman City of Snyder City of Stephenville City of Sugar Land City of Sweetwater City of Taylor Lake Village City of Temple City of The Colony City of Tyler


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Small Commercial Large Commercial City of Rowlett City of San Juan City of South Padre Island City of Springtown City of Sulphur Springs City of Texas City City of University Park City of Venus City of Webster City of Weslaco City of Weston Lakes City of Wharton City of White Settlement City of Whitney City of Woodway City of Wylie Town of Argyle Town of Highland Park Town of Laguna Vista Town of Woodsboro

City of Vernon City of Victoria City of Waco City of Watauga City of Waxahachie City of Wichita Falls Johnson County Special Utility District South Texas Water Authority Town of Addison Town of Flower Mound Town of Pantego Upper Leon River Municipal Water District

ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC.

MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2014

This Membership Application and Agreement (Agreement) is by and between Electric Reliability Council of Texas Inc. (ERCOT) and (Applicant). In consideration of the mutual covenants contained herein, the parties hereby agree that the Applicant shall become an ERCOT Member and receive the ERCOT Member Services and benefits described herein, subject to the terms and conditions of this Agreement. This Agreement shall be effective as of the date signed by the Applicant provided that the Applicant meets all of the qualifications for ERCOT Membership. Capitalized terms that are not defined in this Agreement shall have the meaning as defined in the ERCOT Bylaws or the ERCOT Protocols. A. Membership Application Information

1. Name of Entity applying for Membership: 2. Type of Membership: Check ONE type of Membership. Affiliated Entities as defined in the

ERCOT Bylaws may hold only one Corporate Membership.

Entities applying for additional Memberships, such as an Associate Membership, must use a separate Agreement for each Membership. The applicable fees are listed below and entitle Members to services ERCOT provides such as hosting ERCOT meetings, providing Members with necessary information and such other Member Services as may from time to time be offered. Please note that any Member may request that the Member’s Annual Member Service Fees be waived for good cause shown.

Corporate. Voting. $2,000 per Membership Year (except Residential and Commercial

Consumer Members fees are $100 per year, and there is no charge for an association that qualifies pursuant to the ERCOT Bylaws for Commercial Consumer Membership). Corporate Membership includes the right to vote on matters submitted to the general membership such as election of Board Directors, election of Technical Advisory Committee (TAC) Representatives and TAC subcommittees thereof and amendments to the Articles of Incorporation and the ERCOT Bylaws. Residential Consumer Members do not elect a Director to represent the Residential Consumer interests as the Public Counsel is mandated to represent these interests.

Associate. Non-voting. $500 per Membership Year (except Residential and Commercial

Consumer Members fees are $50 per year). Associate Membership includes no voting rights. However, an Associate Member may be elected by Corporate Members to serve as a voting member of the Board, TAC or a TAC subcommittee thereof.

Adjunct. Non-voting. $500 per Membership Year. Entities not meeting the Segment

requirements for Membership may join as Adjunct Members upon Board approval. Adjunct Membership does not include voting rights or the right to be elected to the Board, TAC or a TAC subcommittee thereof.

3. The Applicable Annual Member Services Fee must accompany this Agreement and be delivered

to ERCOT by the Record Date in order for the Member to participate in the elections for the Membership Year. Please make checks payable to ERCOT and mail to ERCOT, Attention: Legal

Department, 7620 Metro Center Drive, Austin, Texas 78744. Please send an email to [email protected] for wire instructions.

4. Segment Participation: (Check ONE Segment designation.)

Consumer. Any Entity representing the interests of end-users of electricity in the

ERCOT Region. Check ONE Subsegment designation:

Residential Consumer Small Commercial Consumer (Peak demand of 1000 KW or less) Large Commercial Consumer (Peak demand greater than 1000 KW) Industrial Consumer (Average monthly demand greater than 1 megawatt and

engaged in an industrial process)

Cooperative. An Entity operating in the ERCOT Region that is: (i) a corporation organized under Chapter 161 of the Texas Utilities Code or a predecessor statute to Chapter 161 and operating under that chapter; (ii) a corporation organized as an electric cooperative in a state other than Texas that has obtained a certificate of authority to conduct affairs in the State of Texas; (iii) a cooperative association organized under Tex.Rev.Civ.Stat. 1396-50.01 or a predecessor to that statute and operating under that statute; or (iv) a River Authority as defined in Tex. Water Code §30.003.

Independent Generator. Any Entity that is not a Transmission and Distribution Entity

(T&D Entity) or an Affiliate of a T&D Entity and (i) owns or controls generation of at least 10 MW in the ERCOT Region; or (ii) is preparing to operate and control generation of at least 10 MW in the ERCOT Region, and has approval of the appropriate governmental authority, has any necessary real property rights, has given the connecting transmission provider written authorization to proceed with construction and has provided security to the connecting transmission provider.

Independent Power Marketer. Any Entity that is not a T&D Entity or an Affiliate of a

T&D Entity and is registered at the Public Utility Commission of Texas (PUCT) as a Power Marketer to serve in the ERCOT Region.

Independent REP. Any Entity that is certified by the PUCT to serve in the ERCOT

Region as a Retail Electric Provider (REP) under PURA §39.352 and that is not an Affiliate of a T&D Entity operating in the ERCOT Region.

Aggregators may register to participate in this Segment if unable to qualify in any other Segment.

Investor-Owned Utility. (i) An investor-held, for-profit “electric utility” as defined in

PURA §31.002(6) that (a) operates within the ERCOT Region, (b) owns 345 kV interconnected transmission facilities in the ERCOT Region, (c) owns more than 500 pole miles of transmission facilities in the ERCOT Region, or (d) is an Affiliate of an Entity described in (a), (b) or (c); or (ii) a public utility holding company of any such electric utility.

Municipal. An Entity operating in the ERCOT Region that owns or controls transmission

or distribution facilities, owns or controls dispatchable generating facilities, or provides retail electric service and is either: (i) a municipally owned utility as defined in PURA §11.003 or (ii) a River Authority as defined in Tex. Water Code §30.003.


5. Identify your designated representative for required notices to ERCOT Members and for participation in meetings of the Corporate Members:

Name: Title:

Address: City, State, Zip: Phone: Fax: Email:

6. List any other ERCOT Memberships held by the Applicant or any Affiliates (attach extra pages if necessary):

(a) Entity name: Segment:

(b) Entity name: Segment:

(c) Entity name: Segment:

B. Membership Agreement

1. Membership. Membership in ERCOT is open to any Entity that meets any of the Segment definitions set forth in the Bylaws. Members must be an organization that either operates in the ERCOT Region or represents consumers within the ERCOT Region. Members may join as a Corporate, Associate or Adjunct Member subject to the criteria set forth in the ERCOT Bylaws. Members must apply for Membership through an authorized officer or agent.

2. Fees. Annual Member Services Fees are described in the ERCOT Bylaws and may be changed through the procedure set forth therein. Any change in fees shall automatically become effective as to all ERCOT Members without the necessity of amending this Agreement. All Memberships are year to year and must be renewed annually. Annual Member Services Fee renewals shall be due by the record date for the annual membership meeting. Membership fees may not be prorated. This Agreement shall renew in yearly increments upon ERCOT’s receipt of the following (1) Member’s Renewal Application and (2) Member’s applicable Annual Member Services Fee. Any Member may request that the Member’s Annual Member Service Fees be waived for good cause shown.

3. Application for Membership. Members will submit the following items in order to apply for Membership: (i) payment of the Annual Member Services Fee and (ii) a signed copy of this Agreement. Upon approval, ERCOT will promptly notify Member Applicant of the same.

4. Change of Designated Representative. An ERCOT Member may change its representative at any time by written request (signed by a duly authorized representative of the ERCOT Member) submitted to the ERCOT Legal Department at [email protected].


5. Suspension and Expulsion. All ERCOT Members shall abide by the ERCOT Bylaws, as they may be amended from time to time, and any other rule or regulation duly adopted by the Board of Directors. Any ERCOT Member, who willfully violates any provision of this Agreement, the ERCOT Bylaws, or any other rule or regulation duly adopted by the Board of Directors, may be reprimanded, suspended, and/or expelled in accordance with procedures adopted by the Board of Directors or set forth in the ERCOT Bylaws. Such action will affect all persons deriving Membership privileges through such ERCOT Member.

6. Amendment. This Agreement may be amended, modified, superseded, canceled, renewed, or extended and the terms and conditions hereof may be waived only by a written instrument executed by both parties hereto or, in the case of a waiver, by the party waiving compliance.

7. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Texas that apply to contracts executed in and performed entirely within the State of Texas, without reference to any rules of conflict of laws. Parties consent to the exclusive jurisdiction of Texas.

IN WITNESS WHEREOF, the Member certifies that (i) the Member meets the requirements for ERCOT Membership in the Segment designated herein; (ii) all information provided herein is true and correct to the best of the Member’s knowledge; and (iii) through its authorized representative the Member agrees to be bound by the terms of this Agreement, the ERCOT Bylaws and any other requirements duly adopted by the Board of Directors. By: _________________________________________ Printed Name: Title: Date:


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

From (name, title, department and who submitting on behalf of, if any): David Salinas, CFM and Public Utilities Director Subject: Discussion: Discussion and consideration to approve resolution 2013-XX of the City of Weslaco authorizing the filling of a grant application with the Lower Rio Grande Valley development Council for a Regional Solid waste Grants Program; Grants and authorize the Mayor to execute any related documents and budget amendments as required.

Fiscal Note: Amount: $30,000.00

Term of Impact: [#] year(s) 2 year

Identified in Current Budget: Y/N No

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


RESOLUTION 2013- 80

RESOLUTION OF CITY OF WESLACO AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING LEONARDO OLIVARES, CITY MANAGER TO ACT ON BEHALF OF THE CITY OF WESLACO IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF WESLACO WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS.

WHERAS, the Lower Rio Grande Development Council is directed by the Texas Commission on Environmental Quality to administer solid waste grants funds for implementation the COG’s adopted regional solid waste management plan; and WHEREAS, the City of Weslaco in the State of Texas is qualified to apply for grant funds under the request for applications. NOW, THEREFORE, BE IT RESOLVED BY THE City of Weslaco in Weslaco, TEXAS;

1. That Leonardo Olivares, City Manager is authorized to request grant funding under the Lower Rio Grande Valley Development Council Request for applications of the Regional Solid Waste Grants Program and act on behalf of the City of Weslaco in all matters related to the grant application and any subsequent grant contact and grant project that may result.

2. That if the project is funded the, City of Weslaco will comply with the grant requirements of the Lower Rio Grande Valley Development Council, Texas Commission on Environmental Quality and the State of Texas.

3. The grant funds and any grant-funded equipment or facilities will be used only for the purpose for which they are intended under the grant.

4. That activity will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed.

PASSED AND APPROVED on this 5th day of November 2013.

CITY OF WESLACO

Miguel D. Wise, MAYOR

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

Date of Meeting: Nov. 5, 2013

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

From : Arnoldo Becho, Library Director, Weslaco Public Library Subject: The Mayor Joe V Sánchez Public Library would like to implement a Food for Fines program to support holiday food drives and for donation to the RGV Food Bank. Discussion: The Food for Fines program will allow library patrons to bring in canned goods and other applicable food items in exchange for forgiveness of library fines. For each food item submitted to the library, a fine on one single item will be forgiven. The program will run through the remainder of the year, in conjunction with the Thanksgiving and Christmas Holidays. All food gathered will go to the RGV Food Bank. This program will not apply to cost associated with lost or damaged library items. 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): Recommended for approval. Recommendation for Commission Action: Recommended for approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None. Responsibilities upon Approval: Following approval the library will begin exchanging food donations for fine amnesty.


ewalker

Typewritten Text

II. E.


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

From (name, title, department and who submitting on behalf of, if any): George Garrett Subject: Renewal of NADIN (Weather Service) Agreement for 2014 Discussion: Discussion and Consideration to renew Contract for weather data service “NADIN” at Weslaco Mid Valley Airport with Vaisala Corp. This service relays current weather at the Weslaco Mid Valley Airport to the National Weather Service and to users of Aviation Weather throughout the nation. This is a critical service to the airport. Aviation Director recommends approval. Item was budgeted for at $780.00 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: No If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: No Advisory Review, if any (name of board/committee, date of action, recommendation): Recommend Approval Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Vaisala Contract Responsibilities upon Approval: Execute Contract submit fee of $780.00 return to Vaisala


AGREEMENT FOR AVIATION SUPPORT AND MAINTENANCE SERVICES

Order/ Pricing Services, Equipment and Scope of Work Summary Schedule (“Summary”)

Party:

Vaisala Inc. 194 South Taylor Ave. Louisville, CO 80027

Contact email:

Customer (Party):

Contact email:

This Agreement for Aviation Support and Maintenance Services (“Agreement”) incorporates by reference the terms and conditions recited in Attachment 1, which is made a part hereof.

The Effective Date of this Agreement is ____________________, 20_____.

The Term of this Agreement shall be for a period of _______ year(s) from the Effective Date.

Customer acknowledges that the Equipment (including components), Services, the Scope of Work, Additional Terms and any pricing recited in this Summary are only valid during the Agreement Term, unless otherwise mutually agreed by the parties hereto.

Services (check as applicable)

Preventive Maintenance and Scheduled Service

Equipment Restoration

Data Service

Equipment (check as applicable) Manufacturer/Model

VOR

DME

LOC

GS

AWOS

RVR

RWIS

NDB

Control Tower

Markers

Data Services (check as applicable)

AviMet Data Link

Navigator II

GLD 360

NLDN Stroke Data - Service Size:

CLDN Stroke Data - Service Size:

Fees Contract Total: $

Annual Fee $ billed

Unplanned Outage Fee $ per day (ex. lightning strike, bird strike)

Facility Visit Fee $ per day (ex. flight check)

Holiday Fee $ per day additional

Cancellation/Delay Fee $ per day

Maintenance Agreement Page 1 of 2

October 1st 13

1

Vaisala III-PT

100NM

100NM

780.00

Annually.

Mid Valley Airport (T65)

1909 JOE STEPHENS

WESLACO, TX 78596

[email protected]@vaisala.com

N/A

N/A

N/A

780.00

500.00

1,500.00

1,500.00

500.00

Maintenance Agreement Page 2 of 2

Statement of Work and Additional Terms

Invoice Contact: Airport Manager/Authority:

Name: Name:

Address: Address:

Phone: Phone:

Email: Email:

Vaisala Inc.

By: By:

Title: Title:

Date: Date:

CITY OF WESLACO (Elizabeth Walker) George Garrett

255 S. KANSAS STREET

WESLACO, TX 78596

1909 JOE STEPHENS

WESLACO, TX 78596

956-968-3181 ext. 3102 956-969-0291

[email protected] [email protected]

Regional Sales Manager

August 9, 2013

N/A N/A

Mid-Valley Airport (T65)

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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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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 5th day of November 2013.

CITY OF WESLACO

Miguel D. Wise, MAYOR

ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY

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A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE 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 5th day of November, 2013.

CITY OF WESLACO

________________________________ Miguel D. Wise, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY


_________________________________ Ramon Vela, CITY ATTORNEY

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A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE HOUSING AUTHORITY BOARD.

WHEREAS, the City of Weslaco has established the City of Weslaco Housing Authority Board as per the Texas Local Government Code Section, 392.031 the Mayor shall appoint the Housing Authority Commissioners; and WHEREAS, the terms of the members of this board are for (2) two years; and WHEREAS, the Housing Authority Board members shall serve without compensation and unlimited terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR OF THE CITY OF WESLACO, TEXAS THAT ______________________ is appointed to serve an expired (2) two year term on the Housing Authority Board and the term will expire on _______________. PASSED AND APPROVED on this 5th day of November, 2013.

CITY OF WESLACO

__________________________________ Miguel D. Wise, MAYOR

ATTEST:

__________________________________ Elizabeth M. Walker, CITY SECRETARY


_________________________________ Ramon Vela, CITY ATTORNEY


THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

A RESOLUTION APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE AMIGOS DEL VALLE, INC. BOARD OF DIRECTORS FOR FISCAL YEAR 2012-2013

WHEREAS, the Amigos del Valle, Inc. has requested that a City of Weslaco

elected official be appointed to serve as the official member of the Amigos del Valle, Inc. Board of Directors; and

WHEREAS, the City of Weslaco may elect to appoint an individual of the City

of Weslaco to serve in place of the official member; and

WHEREAS, the Amigos del Valle, Inc. has requested that a City of Weslaco elected official be appointed to serve as an alternate member of the Amigos del Valle, Inc. Board of Directors; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION

OF THE CITY OF WESLACO that ______________________ be appointed as the official member of the Amigos del Valle, Inc. Board of Directors.

BE FURTHER RESOLVED that ____________________, City Commissioner

be appointed as an alternate member of the Amigos del Valle, Inc. Board of Directors and a copy of this Resolution shall be delivered to the Amigos del Valle, Inc. to evidence these appointments.

PASSED AND APPROVED this 5th day of November, 2013. CITY OF WESLACO

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


STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION CASTING VOTES BY THE CITY OF WESLACO FOR A CANDIDATE TO HIDALGO COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS.

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

selection of a Board of Directors for the Hidalgo County Appraisal District, has been notified by the Chief Appraiser of Hidalgo County, Texas, that votes to the said Board of Directors should be submitted in Resolution form to the Chief Appraiser by December 31, 2013 and

WHEREAS, the City wishes to cast all its 150 assigned votes to _____________ as candidate on the ballot for Director of the Hidalgo County Appraisal District.

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

1. The City Commission of the City of Weslaco does hereby cast its 150 assigned votes to ________________ as a candidate for the Director of Hidalgo County Appraisal District.

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

Appraiser Hidalgo County, Texas, to evidence this nomination.

PASSED AND APPROVED this 5th day of November, 2013.

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): IV. A.

From (name, title, department and who submitting on behalf of, if any): David Salinas, CFM and Public Utilities Director / Oscar Garcia, Public Facilities Director Subject: G&K Services- BuyBoard Vendor Contract #416-12 Uniform Rental/Service Program (3 year contract) for total 76 employees. Uniform to include enhanced visibility shirts for the safety of employees Discussion: Approval of a three (3) year uniform rental/service program for Public Facilities & Public Utilities Department employees (76) total, offered from BuyBoard Vendor G&K Services, Bid Contract #416-12. First year estimate $24,648.00 and a 2% increase on the 2nd and 3rd years. Authorize the mayor to execute all related documents and budget amendments as required.

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

3 year Identified in Current Budget: Y/N Yes

Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [X ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): G&K proposal, contract, PU & PF employee listing Responsibilities upon Approval: Upon approval, City Secretary’s office will forward approval to the Public Utilities and Facilities Department


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84

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 5 November 2013 Departmental Update • Airport

o Airport is awaiting confirmation from Texas Department of Transportation (TxDOT) Aviation Division regarding the construction date for the runway expansion. TxDOT Aviation Division is awaiting information from the Attorney General’s Office about condemnation necessary property.

• City Secretary’s Office o Early Voting completed, averaging more than 200 votes cast per day over a twelve-

day period, including nights and weekend to maximize accessibility for the voter. o Election Day concludes November 5 at 7 p.m.; the period to canvass is November

13-18.

• Finance Department o One Staff member completed the ICS-400 training. o Attended the Government Finance Officers Association of Texas Fall Conference. o Exceeded the Twenty Five percent General Fund goal.

• Fire Department

o Please see attachment on the presentations that the Weslaco fire Department will be participating on. We will be doing these with on shift personnel and fire prevention personnel.

o • Homeland Security Department

o Mid Valley Regional Communications Corp is preparing to begin construction on a facility to be housed in the Public Facilities building. A technical team is evaluating current and possible new Computer Assisted Dispatch System (CAD) for Public Safety.

• Information Technology Department o We are getting ready to buy 15 new thin client computers with monitors. These will

be given out to departments that do not generate revenue or with no technology funds in their budget.

o We are gathering information needed to purchase about $25,000 - $30,000 worth of much needed Microsoft Office 2013 licensing for ALL City employees. But before we could do this:

“The City on the Grow”

IT needed to spend over $60,000 on new high performance servers for City Hall and the Police Department. In 2010 we had 10 year old servers that were basically falling apart and were an embarrassment.

Next, we had to buy the staff new computers and thin clients to begin the ongoing virtualization of our network, and this is still a work in progress. In 2010 most everyone had the big CRT monitors and everyone was using their own versions of disparate software.

Finally, we had to eliminate the dated T-1 connection that was not only a WASTE of the Weslaco tax payer’s money, but was always down every time it rained. The Fiber Project came at a fraction of what we paid for wireless and T-1 connections that were unreliable.

Our Fiber Project is operational. So far all departments are very pleased with their connection. We still have some fine tuning to do, but overall, it is running smoothly. (More hardware (switches) may need to be purchased.)

With all departments now connecting to the City Hall data servers and Library Exchange Email servers, all employees must be cautious when opening attachments. If a remote location gets infected with a virus, it can be infiltrated via the fiber to the rest of the City. The virus that infiltrated City Hall servers on late September that came from a workstation from the Police Department has been removed. IT did have to restore the entire General Share directory because most of the data was corrupt by a Trojan/virus that got into our General Share files

IT will implement stricter security measures when it comes to all incoming data and website access. For example, no more Zip files or Executable files will be allowed through our firewall. If a department has an issue with this, please contact the IT Department.

o IT staff is currently evaluating CAD (Computer Aided Dispatch) systems with the City of Mercedes and the City of Donna. This will help determine what CAD system will be used for the new Dispatch center in Weslaco.

o IT is also evaluating all of the Department Directors computers to see if is up for renewal. For example, IT is in the process of buying a new workstation and larger monitor for our Parks Director, Mr. David Arce. We noticed that Mr. Arce is more of power user and requires a faster and more robust computer. IT is also working on getting our HR Director, Ms. Veronica Ramirez, a Lenovo laptop with docking station and a Verizon air card. This will allow Mr. Ramirez to go mobile and access her work from anywhere. This type of connection is already being used by the Public Utilities Director, City Secretary and IT Director and the Network Administrators with much success.

o Over the next 2-3 weeks, IT will be upgrading Incode to version 9.0 in order to implement the Cemetery Module for our Parks Department.

o As our Public Utilities Department has grown overnight as we acquire full control off the Water Plants, IT has been working closely with the Public Utilities Director,


Mr. David Salinas, to make sure he has all the technology tools needed to run the operation.

o On a final note, there is one very important thing that I have to mention. In 2010 when the MIS Division of the Finance Department was reorganized into the PROUD Weslaco Information Technology Department. (I am honored to be the first Director to this new department that has brought many headaches and exciting challenges to my job.) And many thanks to Juan Salas, Edward Gonzalez and Tony Navarro!

o Future projects still to come: Content Management Systems for City Hall, Airport and Library, IP –Based Phone System, Wi-Fi at all City Parks, and the City’s own PEG Channel with “Live Streaming” of our Commission Meetings, to name a few…

• Library Department o The Library's grand opening on Wednesday, October 16, was very successful and

had an excellent turn out. o Library renovations were completed by the contractor on Saturday, October 12. o The Library Courtyard also received a makeover, the floors were painted, a water

fountain was installed, and the garden was improved.

• Municipal Court o No Report.

• Parks/Recreation

o Met with HEB, to get ready for Feast of Sharing on December 14, at St. Joan of Arc Church Hall.

o Weslaco Rotary Club had a community park clean up at Cavazos Park on October 19.

• Planning /Code Enforcement o Staff met with City of Mercedes City Manager and Planning Director to discuss

annexation issues. o The Health Official and staff worked with the Public Utilities Department staff to

notify food establishments, schools and daycare facilities during the Boil Water Advisory.

o Engineering continues to work with the Weslaco Independent School District on the drainage easement for Sugarcane Road.

o Work on the City of Weslaco Construction Standards Manual is underway.

• Police Department o 71 Total arrest o 19 Males o 52 Females o 24 Transported to county


o 5 Juveniles detained

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

• Public Utilities Department

o Weslaco’s water meters are in the process of being re-zoned. The new zone structure will incorporate a more unified zone perimeter allowing meter readers and billing department to improve on efficiency and customer service. The two maps identifying the old and new zones will be showcased in the lobby of City Hall.

• Upcoming Meetings & Events o 2013 Texas Downtown Development and Revitalization Conference (November 5-

11; Bastrop) o ICSC 2013 Texas Conference and Deal Making (November 6; Dallas) o Governing Texas Leadership Forum (November 7; Austin) o Lower Rio Grande Citizens Forum (November 14; Mercedes) o Grand Opening Valley Nature Center (November 15-16; Weslaco)

• Media

o Who controls the truth about Weslaco? (The Monitor, October 26) o Weslaco resident calling for city to fix local park (KVEO Channel 4 News, October

25) o Weslaco commissioner offered $50K bribe to kill contract, lawsuit says (The

Monitor, October 25) o Weslaco native to challenge Cornyn in GOP primary (The Mid-Valley Town Crier,

October 23) o Weslaco leaders tout general fund reserves (The Mid-Valley Town Crier, October

23) o Weslaco commission candidates talk election issues (The Mid-Valley Town Crier,

October 20) o Heated election continues brewing in Weslaco issues (The Mid-Valley Town Crier,

October 19) o Going green, growing green presentation at Native Plant Project on Tuesday (The

Mid-Valley Town Crier, October 18) o Nearby residents, neighbors push back against Weslaco annexation plans The Mid-

Valley Town Crier, October 16)

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http://www.ojp.usdoj.gov/bvpbasi/




Documents

13 11 05 agenda supplements