14 04 01 agenda supplements

Date of Meeting: April 1, 2014

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. Mayoral Proclamations and Recognitions. C. Invocation. D. Pledge of Allegiance. E. Roll Call.

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Mayor will present proclamation for National Crime Victims Week and flag

honoring Lt. Juan Romero. C. Pastor Richard Speer from Grace Episcopal Church will give the invocation. D. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. E. City Secretary will call roll.

Fiscal Note: Amount: $ N/A Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Four or more Commissioners present constitutes a Quorum; otherwise, no action may be taken. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): One-page with pledges and mission statement. Responsibilities upon Approval: Conduct meeting per Ordinance 2011-05, according to Roberts Rule of Order and commencing at 5:30 p.m.

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

Page 1 April 1, 2014

Minutes of the Regular Meeting of the Weslaco City Commission on March 18, 2014 Page 1 of 8

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, MARCH 18, 2014

On this 18th day of March 2014 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 David Suarez Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Fidel L. Pena, III

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Juan Salas, IT Department; Sonia Flores, Assistant Finance Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Chief Michael Kelley, Police Department; Assistant Chief Rudy Garza, Fire Department; Martin Mata, Assistant Library Director; David Salinas, Public Utilities Director; Oscar Garcia, Public Facilities Director; Veronica Ramirez, Human Resources Director; George Garrett, Aviation Director; Gloria Givilancz, and other staff members and citizens. I. CALL TO ORDER

A. Certification of Public Notice.

Mayor Suarez called the meeting to order and certified the public notice of the meeting as properly posted Friday, March 14, 2014.

B. Invocation. Pastor Faron Thebeau from Primera Bautista Church delivered the invocation.

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

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

II. PUBLIC HEARING

A. To solicit input on behalf of Miguel Salinas, Jr. to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 907 S. Texas Blvd., being Lot 8, Block 3, Hollywood Addition to Weslaco Subdivision, Weslaco, Hidalgo County, Texas,




from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District”. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to open the public hearing as presented. The motion carried unanimously; Mayor Suarez was present, but not voting. There were no comments received. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to close the public hearing as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

III.

PUBLIC COMMENTS There were no comments received.

IV. 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 Regular Meeting on March 4, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Acceptance of a check from the Texas Comptroller of Public Accounts annual allocation from the Law Enforcement Officer Standards and Educations (LEOSE) in the amount of $4,317.29 to be utilized for training for the Weslaco Police Officers and authorize a budget amendment as appropriate. (Staffed by Police Department.) Attachment. Commissioner Noriega requested item IV. C. be withheld. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve consent agenda items IV. A. and B. The motion carried unanimously; Mayor Suarez was present, but not voting.

V. APPOINTMENTS

A. Discussion and consideration to remove one member from the Parks and Recreation Advisory Board and approve Resolution 2014-12 appointing a member to that unexpired term. Possible action. (Requested by Commissioners Noriega and Pena; Staffed by Parks and Recreation Department.) Attachment. Commissioners Noriega and Pena stated they requested the item based on reports of Mr. Mejia’s conduct at board meetings. Board President Richard Lopez and board member Rolando Robles reported Mr. Mejia used foul language at a meeting, interviewed directly with the media, and circumvented the board to reserve a park for a weekend tournament. Mr. Mejia responded that he had one incident of foul language, one interview with the media, and one reservation of the park after both




then Parks Director and City Manager assured the fields were safe; he stated he is excited to serve his term. Commissioner Noriega, seconded by Commissioner Pena, moved to remove Edward Mejia from the Parks and Recreation Advisory Board and approve Resolution 2014-12 appointing Robert Escobar to that unexpired term. By roll call vote, FOR: Mayor Suarez, and Commissioner Noriega and Pena; AGAINST: Mayor Pro-Tem Cuellar, Commissioners Tafolla, Rivera, and Fox. Motion failed (3-4).

VI. OLD BUSINESS

A. Discussion and consideration to authorize the hiring of five personnel for either the Public Facilities Department or the Parks and Recreation Department and authorize a budget amendment as appropriate. Possible action. (This item was tabled March 4, 2014; Staffed by Public Facilities Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to remove the item from the table. The motion carried unanimously; Mayor Suarez was present, but not voting. Referencing additional documentation placed on the dais, the City Manager recommended creating three personnel positions at Public Facilities Department and administratively transferring five personnel from that department to Parks and Recreation department. In response to Commissioner Noriega, Mr. Oscar Garcia stated he recommended those personnel for transfer he feels are most experienced in Parks to ease any transition; not all of them know they have been recommended for transfer. Mr. Garcia assured he is willing to lend additional staff support to Parks on a daily basis. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the transfer of five personnel from Public Facilities to Parks and Recreation Department and hire three personnel at Public Facilities Department Streets Division in an amount not to exceed $65,569.81 this budget year and authorize a budget amendment as appropriate. Mayor Pro-Tem Cuellar, seconded by Commissioner Pena, moved to amend the motion creating three new positions in the Public Facilities Department, including two paving equipment operators and one laborer in an amount not to exceed $65,569.81 in the current budget year and authorize a budget amendment as appropriate. The motion carried unanimously; Mayor Suarez was present, but not voting. The motion carried unanimously; Mayor Suarez was present, but not voting.

B. Discussion and consideration to approve the following T-Hangar leases for a period not to exceed five years for aircraft storage or aviation related business only:

1) E6-02 with James B. Carlson Farms, 2) E7-00 with Garric Warbirds, 3) E8-06 with Anderson Columbia Co.,




4) E9-02 with Wyatt Agri Products, and 5) E10-01with Dr. Reynaldo Rodriguez,

and authorize the Mayor to execute related documents. Possible action. (This item was tabled March 4, 2014; Staffed by Airport Department.) Attachment. Commissioner Pena, seconded by Mayor Pro-Tem Cuellar, moved to remove the item from the table. The motion carried unanimously; Mayor Suarez was present, but not voting. In response to the Mayor, the City Manager clarified this item was not ready last time because a technical error had been identified in the leases; it has been corrected. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

VII. NEW BUSINESS

A. Discussion and consideration after public hearing on behalf of Miguel Salinas, Jr. to approve Ordinance 2014-03 amending Ordinance 320 and the City of Weslaco Zoning map to rezone 907 S. Texas Blvd., being Lot 8, Block 3, Hollywood Addition to Weslaco Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District” and authorize the Mayor to execute any related documents. First Reading of Ordinance 2014-03. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. The City Manager stated the Planning and Zoning Commission and staff recommend approval. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

B. Discussion and consideration to approve Ordinance 2014-04 accepting an agreement to abandon an existing 10-foot utility easement located on Lot 1 and Reserve Tract A of the 400 West Expressway 83 Subdivision and authorize the Mayor to execute any related documents. First Reading of Ordinance 2014-04. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. The City Manager stated staff confirmed that no utilities are buried on that easement and recommends approval. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

C. Discussion and consideration to approve the Final Plat of Martinez Estates Subdivision, being a 0.61 acre tract of land being all of Lot 1, La Paloma Subdivision




Unit 1 and a 0.24 acre tract of land out of Farm Tract 1078, West and Adams Tract Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. The City Manager stated this is a one lot subdivision outside city limits served by North Alamo Water Supply Corporation and septic; staff recommends approval. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

D. Discussion and consideration to approve the Final Plat of Midway Court Phase II Subdivision, being a re-subdivision of 2.627 acres out of Farm Tract 644, Block 177, West and Adams Tract Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. The City Manager stated this is a fourteen lot subdivision within city limits, served by North Alamo Water Supply Corporation. Staff recommends approval contingent on the sewer line moved to the easement. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

E. Discussion and consideration to authorize a Public Purpose Services contract with the Weslaco Bicultural Museum d.b.a. Weslaco Museum of Local History and Cultural Art in an amount not to exceed $63,100.00 effective October 1, 2013 through September 30, 2014. Possible action. (Requested by Weslaco Museum.) Attachment. The City Manager stated this is effectively a renewal, with the same amount as last year. In the absence of representation by the Museum, the City Manager recommended tabling the item. Mayor Pro-Tem Cuellar, seconded by Commissioner Pena, moved to table the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

F. Discussion and consideration to program capital outlay from the Lease/Purchase agreement with Frost Bank to the Information Technology Department in an amount not to exceed $85,000.00 from the APC Battery allocation for the purchase of network equipment. Possible action. (Staffed by Information Technology Department.) Attachment. In response to the Mayor, the City Manager clarified this does not constitute any new money, just reprogramming of the same money allocated to IT for a different project, changing from battery backup to network switches in order to run a new phone




system. Commissioner Rivera, seconded by Commissioner Pena, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

G. Discussion and consideration to authorize an Amnesty Program in the City of Weslaco for the months of April and May 2014 for individuals who have outstanding tickets, fines, and warrants in the City of Weslaco Municipal Court. Possible action. (Staffed by Municipal Court.) Attachment. The City Manager stated this program was successful in 2006 and 2010; staff recommends a two-month amnesty period and may return to the Commission to extend it. Commissioner Pena clarified amnesty removes the failure to appear citation, which costs $90.00-120.00. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

III. C. Ratification of three Intended Use Plans submitted to the Texas Water Development Board Clean Water and Drinking Water State Revolving Funds in the amounts of $12,991,927.00, $47,808,358.00 and $832,320.00 and authorize the Mayor and/or City Manager to execute any related documents. (Staffed by Public Utilities Department.) Attachment. Mr. David Salinas stated these are not applications, just intended use plans, which after ranking by the Texas Water Development Board the City may be invited to apply for one or all projects. At that time, staff will return to the Commission for authorization to proceed toward potential refinancing of the North Waste Water Treatment Plant, Water Treatment Plant, and reservoir system improvements, which may include a complement of loan forgiveness incentives. As withheld from the Consent Agenda, Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

VIII. EXECUTIVE SESSION At 6:41 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:31 p.m., the Mayor 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. Pending Litigation – Consultation with Special Counsel regarding Cause No. C- 5929-13-H City of Weslaco, Texas v. City of Mercedes, Texas in the 389th Judicial District Court of Hidalgo County pursuant to §551.071 of the Texas Government Code.




There was no action on this item.

B. Pending Litigation – Consultation with City Attorney regarding City of Weslaco, Texas v. John Pate pursuant to §551.071 of the Texas Government Code. Commissioner Fox, seconded by Mayor Pro-Tem Cuellar, moved to authorize the filing of a Declaratory Judgment Petition against John Pate to declare that he has no legal right or standing to lease Hanger No. W-2 at the Weslaco Mid-Valley Airport. The motion carried unanimously; Mayor Suarez was present, but not voting.

C. Pending Litigation - Discussion with assigned defense counsel Anthony B. James regarding C-2201-11-I Pascual Hernandez et al v. City of Weslaco in the 398th Judicial District Court of Hidalgo County as authorized by §551.071 of the Texas Government Code. There was no action on this item.

D. Potential Litigation – Consultation with the City Attorney regarding G.A.S. Enterprises on the Valley Nature Center Project pursuant to §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Pena, moved to terminate the agreement Agreement dated February 10, 2012 between The City of Weslaco, as Owner, and G A S Enterprises, Inc., as Construction Manager as Constructor with a guaranteed maximum price of $1,248,816.00 for the construction of the Valley Nature Center project for cause pursuant to Section 14.2.1 of AIA Document A 201-2007 because the Contractor:

1. Failed to make payment to Subcontractors for materials and labor in accordance with the respective agreements between the Contractor and the Subcontractors,

2. Repeatedly refused or failed to supply enough properly skilled workers or proper materials,

3. Repeatedly disregarded applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of a public authority,

4. Refused or failed to prosecute the work or any separable part thereof with such diligence as would ensure the substantial or final completion of the project within the contract time and has failed to complete the project or remedy a default within the contract time,

5. Refused and/or failed to properly schedule, plan, coordinate, and execute the work, as specified in the contract documents, so as to perform the work within the specified milestone and completion dates and failed to provide scheduling or related information, revisions and updates as required by the Contract Documents.

I further move to direct the City Manager to obtain certification from the Architect on this project, Boultinghouse Simpson and Associates, that sufficient cause exists to justify termination and to provide the notice requirements to the Contractor and the Contractors Surety as required by Section 14.2.2 of the Contract Documents and to exercise any and all rights that the City of Weslaco has in the Contract Documents to complete the project and to get paid for costs of finishing the project that exceed the




Guaranteed Maximum Price including additional legal or architect fees. The motion carried unanimously; Mayor Suarez was present, but not voting.

Add. A. Discussion and consideration to approve Ordinance 2014-02 annexing 4,516.77 acres of land into the City of Weslaco, located in Hidalgo County, Texas, which is contiguous to the city limits and hereinafter described; as shown in the attached exhibit; making findings of fact; providing a severability clause; providing an effective date; and providing for open meetings and other related matters. Possible action. First Reading of Ordinance 2014-02. (Staffed by Planning and Code Enforcement Department.) Attachment. Commissioner Pena, seconded by Commissioner Tafolla, moved to approve on First Reading Ordinance 2014-02 annexing the acres of land identified as Tracts 13, 14, and 23 only into the City of Weslaco, located in Hidalgo County, Texas, which is contiguous to the city limits and hereinafter described; as shown in the attached exhibit; making findings of fact; providing a severability clause; providing an effective date; and providing for open meetings and other related matters. The motion carried unanimously; Mayor Suarez was present, but not voting.

X. ADJOURNMENT With no other business before the Commission, Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to adjourn the March 18, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present, but not voting.

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

_______ COMMISSIONER, David R. Fox

_______

COMMISSIONER, Olga M. Noriega COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera COMMISSIONER, Fidel L. Pena, III



ORDINANCE NO. 2014-03 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 907 S. TEXAS BLVD., BEING LOT 8, BLOCK 3, HOLLYWOOD ADDITION TO WESLACO SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 SINGLE FAMILY DWELLING DISTRICT” TO “B-1 NEIGHBORHOOD BUSINESS DISTRICT.” BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District,” Lot 8, Block 3, Hollywood Addition to Weslaco Subdivision, also being 907 S. Texas Blvd., Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th day of March 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 1st day of April 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY



ORDINANCE NO. 2014-04

AN ORDINANCE ABANDONING A 10’ X 488.75’ EASEMENT FOR UTILITY PURPOSES AT 400 WEST EXPRESSWAY 83 SUBDIVISION, LOT 1, CONTANING 0.11 ACRES OF LAND OUT OF FARM TRACT 119, BLOCK 162, WEST AND ADAMS TRACT SUBDIVISION, HIDALGO COUNTY, TEXAS AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREIN.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS, that: WHEREAS, a 10’ X 488.75’ utility easement for utility purposes was granted by Tejas Building and Development Corporation to the City of Weslaco at 400 West Expressway 83 Subdivision, Lot 1, contaning 0.11 acres of land out of Farm Tract 119, Block 162, West and Adams Tract Subdivision, Hidalgo County, Texas which is more particularly described in Exhibit “A”, which is attached hereto and incorporated by reference herein; and WHEREAS, said utility easement was recorded in Volume 37, Page 91-B of the map records of Hidalgo County, Texas; and WHEREAS, utility improvements on the property described in Exhibit “A” have never been constructed and maintained; and WHEREAS, it is the opinion of the Weslaco City Commission of the City of Weslaco that it is in the best interest of the City of Weslaco that said 10’ X 488.75’ easement for utility purposes be abandoned. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, HIDALGO COUNTY, TEXAS: Section 1.

The 10’ X 488.75’ easement for utility purposes described in Exhibit “A”, that has been dedicated as a public utility easement shall be and the same is hereby abandoned. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th day of March 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 1st day of April 2014.



CITY OF WESLACO _________________________________ David Suarez, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY





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Exhibit A



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Exhibit B

Date of Meeting April 1, 2014

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

From: David Arce Parks Director Subject: Senior Softball League Discussion: Acceptance of a check from Senior Softball League, in the amount of $500.00 for the use of Harlon Block Park Sports Complex from Jan 1 – March 31, 2014, deposit it into the Parks Department Recreation Program Budget account #01-540-2500, and authorize a budget amendment as appropriate. (Staffed by Parks Department.) Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments: Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.





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

From: Arnoldo Becho, Library Director, Mayor Sanchez Public Library Subject: Request to approve and authorize the Mayor to execute the Interlocal Cooperation Agreement between the County of Hidalgo and the City of Weslaco for participation within the Hidalgo County Library System (HCLS). Discussion: For over a decade the Mayor Joe V. Sanchez Public Library has been a valued member and contributor to HCLS. Through participation with the County, WPL receives services and funding which allow for maintenance of accreditation, expansion of resources, and many other important functions. This year’s allotment is approximately $15,000 after deduction of Library Automation System costs. The primary responsibility of this interlocal agreement is provision of library services to individuals outside of Weslaco, with the understanding that Weslocoans would be able to visit other HCLS libraries as well. Fiscal Note: This agreement will add approximately $15,000 to the library’s budget, to be used for purposes directly benefiting the public. Amount: approx. $15,000 Term of Impact: 1 year Identified in Current Budget: Y/N Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Library staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): The Interlocal Agreement is attached. Responsibilities upon Approval: Signatures are required of the Mayor, City Secretary, and City Attorney. Three originals have been provided. Two should be sent to the Mayor Joe V. Sanchez Public Library, which will transmit the document to the county, another should be kept by the City.




When funds are received a budget amendment will need to be produced in order to transfer the funds into the appropriate library account.














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

From (name, title, department and who submitting on behalf of, if any): Arnoldo Becho, Library Director, Mayor Joe. V Sanchez Public Library Subject: Discussion and consideration to approve an expenditure of up to $2,100, the approximate interest to date, of the Marion Booth Funds toward the development of a DVD collection within the library. Discussion: A little under 5 years ago Marion Booth bequeathed to the Library Board approximately $481,000. The Weslaco Municipal Code was amended around that time to allow for this and Chapter 78 Section 28 reads “The Library Board can accept and receive donations, with the permission of the City Commission, for the use and benefit of the city’s public library system.” The current proposed use of funds only uses interest gained since the monetary bequeath and does not touch the corpus of the. The Library Board, within its Feb. 11th meeting specifically passed a motion reading “The Library Board recommends that the City Commission of Weslaco authorize the expenditure of $2,100 from the Marion Booth Funds to develop a DVD collection within the library, with focus on classic movies and movies based on books. $2,100 represents the approximate interest of the Marion Booth Bequest to date.” 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): The Library Board approved the above expenditure on February 11, 2014. Recommendation for Commission Action: The Library recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Last Will of Marion Booth, balance statements for Booth Funds Responsibilities upon Approval: The Library Director will build a list of DVDs to be collected with the Library Board and subsequently work with the Finance Department to purchase the DVDs.




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Date of Meeting: March 21, 2014

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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and consideration to solicit bids for the construction of Sugarcane Drive from Westgate Drive to Border Avenue. Discussion: Sugarcane Drive’s engineering construction plans are in the final stages. Procurement of the contractor will occur during the month of May. Construction is intended to occur early June. Cost of construction will be shared by city and county. Number on fiscal note reflects maximum city share. Fiscal Note: Amount: $ 750,000 Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Staff will post and follow procurement procedures.




Date of Meeting: 4/01/14

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

From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: To authorize the solicitation of proposals for banking services for the City of Weslaco.

Discussion: Discussion and consideration to authorize the solicitation of proposals for banking services for the City of Weslaco.

Fiscal Note: Amount: Term of Impact: 3-5 years Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: To approve. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Finance Department






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Name of Applicant:

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

[ ] Inside City Limits [ ] Outside City Limits

City:

State:

Zip Code:

How many years have you lived at this residence?

Do you own this house? [ ] Yes or [ ] No

Preference for consideration, naming committees on which you desire to serve: 1.) 2.) 3.) List of Civic Involvement and Business Experience: Have you been bonded or eligible to obtain one? [ ] Yes or [ ] No

Are you currently suing or bring sued by the City of Weslaco or any of its entities? [ ] Yes or [ ] No

Are you related to any member of the Commission? [ ] Yes or [ ] No

If so, who and how?

Have you previously served on a City board? [ ] Yes or [ ] No

If so, which and when?

Have you ever been elected to public office? [ ] Yes or [ ] No

If so, which and when?

Do you consent to release this info to the public? [ ] Yes or [ ] No

Are you age 25 or older? [ ] Yes or [ ] No

The statements I have made on this Application for Service are truthful and I am not disqualified to serve due to nepotism, City of Weslaco Charter or Ordinances or State of Texas laws.

Timestamp of Receipt:

Applicant’s Signature:

Optional Demographic Information: Self Identification Gender: Age: Race: Religion: Citizenship:

Office of the City Secretary · tel. 956.968.3181 · fax. 956.968.6717

Application for Service

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RESOLUTION NO. 2014-13

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PLANNING AND ZONING COMMISSION BOARD.

WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ____________________________ is appointed to serve on the Planning and Zoning Commission Board and your term will expire on ____day of ____________________, 201___. PASSED AND APPROVED on this 1st day of April, 2014.

CITY OF WESLACO

_____________________________ David Suarez MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________ Ramon Vela, CITY ATTORNEY







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RESOLUTION NO. 2014- 14

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 1st day of April, 2014.

CITY OF WESLACO

________________________________ Miguel D. Wise, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY


_________________________________ Ramon Vela, CITY ATTORNEY



Date of Meeting: 12-15-2013

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

From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: An ordinance of the city of Weslaco, Texas, annexing 4,516.77 acres of land, located in Hidalgo County, Texas, which is contiguous to the city limits and hereinafter described; as shown in the attached exhibit; making findings of fact; providing a severability clause; providing an effective date; and providing for open meetings and other related matters. Discussion: On September 3, the City Commission approved service plans for 23 tracts of land proposed for involuntary annexation and scheduled public hearings regarding the proposed annexation. As required by State statute, on October 15 & 16, the City held public hearings to solicit input from property owners that could be affected by the proposed annexation. The first reading of an annexation ordinance is the next to last step in the municipal annexation process. At this point it is possible to reduce tracts of land that have been proposed for annexation; however property cannot be added to the proposal. 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 [X ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approve the First Reading of the Annexation Ordinance. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Legal Description of Tracts Responsibilities upon Approval:




ORDINANCE NO. 2014-02 AN ORDINANCE OF THE CITY OF WESLACO, TEXAS, ANNEXING 4,516.77 ACRES OF LAND, LOCATED IN HIDALGO COUNTY, TEXAS, WHICH IS CONTIGUOUS TO THE CITY LIMITS AND HEREINAFTER DESCRIBED; AS SHOWN IN THE ATTACHED EXHIBIT; MAKING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR OPEN MEETINGS AND OTHER RELATED MATTERS. WHEREAS, the City of Weslaco, Texas (the “City”), is a home rule municipality authorized by State law and the City's Charter to annex territory lying adjacent and contiguous to the City; WHEREAS, the City Council, in compliance with §43.021, Tex. Local Gov't Code, instituted proceedings for the annexation of certain property more particularly described herein (the “subject property”); WHEREAS, the subject property hereby annexed is adjacent and contiguous to the present City limits; WHEREAS, the boundaries of the City are contiguous to the subject property on at least two sides; WHEREAS, citizens were given the opportunity to provide public input at two separate public hearings which were conducted prior to consideration of this Ordinance in accordance with § 43.063, Tex. Loc. Gov't. Code; WHEREAS, the hearings were conducted and held not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; WHEREAS, notice of the public hearings was published in a newspaper of general circulation in the City and the territory proposed to be annexed not more than twenty (20) nor less than ten (10) days prior to the public hearings; WHEREAS, the City intends to provide services to the subject property to be annexed according to the Service Plan attached hereto as Exhibit “A”. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION 1. That all of the above premises and findings of fact are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. That the following described property (hereinafter referred to as the “Annexed Property”) is hereby annexed into the corporate limits of the City of Weslaco:



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 14: A tract of land containing 43.46ac situated in the County of Hidalgo, Texas, being all of farm tract 1094 of the West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records. 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 District 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 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. SECTION 3. That the Service Plan submitted herewith is hereby approved as part of this Ordinance, made a part hereof and attached hereto as Exhibit “A”. SECTION 4. That the future owners and inhabitants of the Annexed Property shall be entitled to all of the rights and privileges of the City as set forth in the Service Plan attached hereto as Exhibit “A”, and are further bound by all acts, ordinances, and all other legal action now in full force and effect and all those which may be hereafter adopted. SECTION 5. That the official map and boundaries of the City, heretofore adopted and amended be and hereby are amended so as to include the Annexed Property as part of the City of Weslaco. SECTION 6. That the Annexed Property shall be zoned “R-1” Single Family Residential District, as provided in the City Zoning Ordinance, as amended, until permanent zoning is established therefore. SECTION 7. That if any provision of this Ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 8. That this Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Tex. Loc. Gov't. Code. SECTION 9. That it is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act,



Chapt. 551, Tex. Gov't. Code. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th day of March 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 1st day of April 2014. CITY OF WESLACO, TEXAS ____________________________ David Suarez, Mayor ATTEST: __________________________ Elizabeth Walker, City Secretary APPROVED AS TO FORM: __________________________ Ramon Vela, City Attorney



EXHIBIT “A”

WHEREAS, Section 43.056 of the Local Government Code of the State of Texas requires that a plan of service be prepared, prior to the publication of notice of a hearing, providing for the extension of municipal services into the area to be annexed; and WHEREAS, the following Service Plan has been prepared for said territory and is hereby presented for public inspection and for consideration by the City Commission of the City of Weslaco, Hidalgo County, Texas. PURSUANT TO THE PROVISIONS Section 43.056 of the Local Government Code of the State of Texas, THERE IS HEREBY prepared FOR THE AREA BOUNDED, AS DESCRIBED ABOVE, THE FOLLOWING PLAN OF SERVICE:

SECTION I: PROVISION OF SERVICES. The City of Weslaco, Texas hereby proposes to provide for the provision of municipal services to the area to be annexed. The City shall provide the services in accordance with the provisions of its Code of Ordinances regulating the extension of said services. This service plan does not propose a uniform level of full municipal services to the territory to be annexed if characteristics of topography, land use and population density are considered by the City as a sufficient basis for providing different level of services. The following service plan shall constitute a program under which the City shall provide the following services in the area immediately after the effective date of the annexation. 1. Police Protection

Patrolling, radio responses to calls, and other routine police services using present personnel and equipment will be provided on the effective date of annexation.

2. Fire Protection Fire protection by present personnel and equipment of the fire fighting force, within the limitations of available water, will be provided on the effective date of annexation.

3. Emergency Medical Services Emergency medical services by present personnel and equipment will be provided on the effective date of annexation.

4 Solid Waste Collection The same regular solid waste collection service now provided within the city will be extended to the annexed area. However, before the second anniversary of the effective date of the annexation the City will not prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; nor will the City impose a fee for solid waste management services on a person who continues to use the services of a privately owned sold waste management service provider in that two year period.

5. Maintenance of Water and Wastewater Facilities



a. Water Service Maintenance of existing city owned water lines in annexed areas will be in accordance with established policies of the city.

b. Wastewater Service. Maintenance of existing city owned wastewater lines will be in accordance with the established policies of the city.

6. Maintenance of Roads and Streets, including Road and Street Lighting a. Maintenance of Roads and Streets

(1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation.

(2) Routine maintenance on the same basis as in the present city limits, will begin in the annexed area immediately after the effective date of the annexation.

(3) Reconstruction and resurfacing of streets, installation of storm drainage ditches, and other major improvements, as the need thereof is determined by the governing body, will be accomplished under the present established policies of the city.

b. Street and Road Lighting Installed street lighting will be maintained in accordance with current standards.

7. Maintenance of Any other Publicly Owned Facility, Building or Service a. Inspection and code enforcement services

Any inspection or code enforcement services now provided by the city (building, electrical, plumbing, health, animal control, etc.) will begin in the annexed area on the effective date of annexation.

b. Planning and Zoning (1) The planning and zoning jurisdiction of the city will extend to the

annexed area on the effective date of annexation. (2) The area annexed will be zoned as R-1 Single Family Residential

District on the effective date of annexation. c. Parks, playgrounds and swimming pools

Any public park, playground or swimming pool will be maintained by the City in accordance with current city standards on the effective date of the annexation.

SECTION II: EXTENSION OF SERVICES. The City of Weslaco, Texas hereby proposes to provide for the extension of municipal services to the area to be annexed, provided that the City of Weslaco owns the Certificate of Convenience and Necessity for the area as determined by the Texas Commission on Environmental Quality. The City shall provide the services in accordance with the provisions of its Code of Ordinances regulating the extension of



said services The City will provide full municipal services no later than 2 ½ years after the effective date of the annexation pursuant to Section 43.056 Local Government Code of the State of Texas.. 1. EXTENSION OF WATER AND WASTEWATER FACILITIES

a. Water Service (1) Water for domestic, commercial and industrial use will be provided

at city rates, from existing city lines within two and one-half (2 ½) years from the effective date of annexation.

(2) Extension of water lines into annexed areas will be in accordance with city ordinances and will be accomplished within two and one-half (2 ½) years from the effective date of annexation

(3) Extension of water lines to undeveloped land within the annexed area will be done according to existing ordinances covering extension of utilities and will be paid by the property owners.

b. Wastewater Service. (1) Adequate wastewater service to the area shall be supplied within

two and one-half (2½) years from the effective date of annexation, according to existing ordinances covering extension of utilities.

(2) Extension of wastewater lines into annexed areas will be in accordance with city ordinances and will be accomplished within two and one-half (2 ½) years from the effective date of annexation.

(3) Extension of wastewater lines to undeveloped land within the annexed area will be done according to existing ordinances covering extension of utilities and will be paid by the property owners.

2. EXTENSION OF ROADS AND STREETS, INCLUDING ROAD AND STREET LIGHTING a. Extension of Roads and Streets

(1) The extension of roads to inhabited areas in the annexation and paving of existing streets will conform to current city ordinances and be completed within two and one-half (2 ½) years.

(2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards.

(3) Street name signs where needed, will be installed within two and one-half (2½) years, after the effective date of annexation.

b. Street and Road Lighting Street lighting will be installed in accordance with current standards at the time of petition to the governing body for placement of a street light.

SECTION III: APPROVAL AND TERM OF SERVICE PLAN 1. Upon completion of the public hearings at which this service plan is presented for

public inspection and consideration, this service plan shall be attached to the ordinance annexing the territory described above and approved as part of the ordinance.



2. This service plan shall become effective upon the final approval of the ordinance annexing the territory described above.

3. This service plan shall be valid for a period not to exceed ten years from the date of annexation.



Page 1 of 8

THE STATE OF TEXAS § PUBLIC PURPOSE SERVICES § CONTRACT BETWEEN THE CITY CITY OF WESLACO § OF WESLACO AND THE WESLACO § BICULTURAL MUSEUM d.b.a. COUNTY OF HIDALGO § WESLACO MUSEUM OF LOCAL § HISTORY AND CULTURAL ART

This Contract is entered into on this the 18th day of March 2014, by and between the City of Weslaco, a Home-ruled Municipal Corporation of Hidalgo County, Texas (hereinafter called “City”) and The Weslaco Bicultural Museum d.b.a. Weslaco Museum of Local History and Cultural Art (hereinafter called “Contractor”).

Whereas, City is interested in assisting Contractor in providing the city and citizens of Weslaco with such services that accomplish a legitimate public purpose, as is mandated by Article III, Section 52(a) of the Texas Constitution and such services are desirable by the City of Weslaco and such services are identified below and incorporated herein for all purposes; and

Whereas, City has available certain public funds that may be spent for services which accomplish legitimate public purposes; and

Whereas, the City has negotiated with Contractor to provide these public purpose services to the City of Weslaco; and

Whereas, the Contractor, upon accepting these public funds obligates and commits itself to provide these public purpose services during the duration of this contract; and

Whereas, Contractor is the sole source and only organization or entity that can provide the public purpose services that are described in this contract.

SECTION I.

Contractor agrees to use the public funds it is to receive from City to provide

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



Page 2 of 8

SECTION II. RECORDS AND REPORTING

Contractor agrees to furnish City its budget and all related expenditures for

the duration of this contract. Contractor will maintain all records of operation for the period of this contract that confirms and establishes that the funds furnished by City are and have been used exclusively for the purposes as outlined and detailed herein. A written report of expenditures and the progress of the activities will be submitted on a monthly basis to City. Contractor will, if requested by City, make presentations to the Weslaco City Commission, of the status of the expenditures of public monies and the status of the activities contracted for in this Contract. Contractor acknowledges and agrees that records (as the term is defined under the Texas Open Records Act) produced by the expenditure of funds received from the City hereunder are and will be subject to public disclosure. Contractor will develop procedures to disclose this information to the public. Contractor will have fiduciary duty to the City with respect to the public funds Contractor receives from the City.

SECTION III. DISCRIMINATION PROHIBITED

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

SECTION IV. SUSPENSION AND TERMINATION

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



Page 3 of 8

SECTION V. REVERSION OF ASSETS

Contractor agrees that should it discontinue the operations as provided for

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

SECTION VI. TIME OF PERFORMANCE

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

SECTION VII. PAYMENTS TO CONTRACTOR

City hereby agrees to pay Contractor an amount not to exceed Sixty-Three Thousand One Hundred Dollars ($63,100.00) for the public purpose services and activities in this contract. Contractor shall invoice City and City shall make payment timely. The invoice shall detail all activities performed by Contractor, expenses incurred, and the participation cost for each museum patron served by the activities engaged in that are contracted for in this contract.

SECTION VIII. AUDIT

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

SECTION IX. DEFAULT

Any signatory party to this Contract, who because of the other party’s breach hereof may be required to institute any legal proceedings in relationship to this Contract, and who should prevail in any such legal proceedings, shall be entitled to recover court costs and reasonable attorney’s fees from the non-prevailing party. The term prevailing party shall mean in the case of the Plaintiff,



Page 4 of 8

the party who receives in substantial form or amount the relief sought by such party as set out in the final petition before the court; and as to any Defendant, it shall be considered a prevailing party where the Plaintiff did not substantially recover the relief sought.

SECTION X. VENUE AND REMEDIES

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

SECTION XI. NOTICES AND ADDRESS

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

CITY CONTRACTOR

CITY OF WESLACO WESLACO MUSEUM OF LOCAL HISTORY 255 S. Kansas Avenue AND CULTURAL ART Weslaco, TX 78596 500 S. Texas Avenue Attn. City Manager Weslaco, TX 78596 Attn. Executive Director

SECTION XII. PARTIES BOUND

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

SECTION XIII. LEGAL CONSTRUCTION

In case any one or more of the provisions contained in this Contract shall

for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions thereof



Page 5 of 8

and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

SECTION XIV. AMENDMENT

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

SECTION XV. WAIVER OF DEFAULT

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

SECTION XVI. ENUMERATION OF CONTRACT DOCUMENTS

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

(1) Activities and Public Purpose Services (Exhibit “A”) (2) Intent of Public Purpose Activities (Exhibit “B”)

SECTION XVII. LIABILITY INSURANCE

Contractor will provide, upon execution of this Contract, City with a certificate of general liability insurance naming the City of Weslaco as an additional insured, protecting and insuring the City against claims for liability for bodily injury or other damages by youth or other individuals engaged in the activities funded by this Contract.

Contract will hold harmless and indemnify the City of Weslaco, its elected officials, employees, agents or representatives from all claims, actions and damages that are made and assessed against the City of Weslaco, its elected officials, employees, agents or representatives as a result of Contractor’s performance of activities and services under this Contract.

IN WITNESS THEREOF, City and Contractor have executed two (2)



Page 6 of 8

conformed copies of this Contract effective as of the date first above written.

CITY OF WESLACO

By: ____________________________ ATTEST: David Suarez, Mayor ________________________________ Elizabeth M. Walker, City Secretary

WESLACO MUSEUM

By: ______________________________ Approved as to form: (Executive Director) ___________________________ Ramon Vela, City Attorney



Page 7 of 8

Exhibit “A”

ACTIVITIES AND PUBLIC PURPOSE SERVICES

Contractor will, for the public funds it is receiving from City, operate and maintain a building facility that will house historical information on Weslaco, works of art such as paintings, displays, present cultural programs to citizens of Weslaco and to the general public.



Page 8 of 8

Exhibit “B”

INTENT OF PUBLIC PURPOSE ACTIVITIES

The City of Weslaco desires that Contractor provide exhibits to citizens of

the City of Weslaco that will benefit and assist them in developing an appreciation to cultural arts.




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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Authorization to enter into interlocal agreement with Hidalgo County Precinct 1for the repaving of Joe Stephens Avenue from Votech Drive to Sugarcane Drive for cost share in materials. Discussion: Project consists on paving improvements over Joe Stephens Avenue from Votech Drive to Sugarcane Drive. Overlay paving will be performed on approximately 4,700 feet with 2” of HMAC (Hot-Mix Asphalt Concrete). Materials will be paid by city, while labor will be performed by Hidalgo County. Fiscal Note: Amount: $ 132,689 Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Staff will notify Hidalgo County Pct. 1.








STATE OF TEXAS § §

COUNTY OF HIDALGO §

INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WESLACO, TEXAS

AND THE COUNTY OF HIDALGO, TEXAS

THIS Agreement is made on this the day of , 2014, by and between the CITY OF WESLACO, TEXAS, hereinafter referred to as "City", and the COUNTY OF HIDALGO, TEXAS, hereinafter referred to as "County", pursuant to the provisions of the Texas lnterlocal Cooperation Act, as follows:

WITNESSETH:

WHEREAS, Weslaco is a home rule municipality located in Hidalgo County,

Texas;

WHEREAS, County is a county in the State of Texas;

WHEREAS, City and County, each pursuant to its statutory and constitutional authority, are responsible for maintenance and improvements of certain public roadways within their boundaries;

WHEREAS, Joe Stephens Avenue from Vo-Tech Drive to Sugarcane Drive is an

important and critical integral infrastructure within Hidalgo County (the "Road");

WHEREAS, the Road is within the corporate limits of Weslaco, while the Hidalgo County Precinct #1 Office is located at 1902 Joe Stephens Avenue;

WHEREAS, the Road serves as a an integral part of the City/County road

system and such improvements to the Road are in the best interest of the County and City;

WHEREAS, City and County are authorized to enter into this Agreement

pursuant to the lnterlocal Cooperation Act, Texas Gov't. Code 791.001 et seq., which authorizes local governments to contract with each other to perform governmental functions and services under the terms of the Act, and pursuant to the County Road and Bridge Act which authorizes counties to improve roadways within the limits of a city with the city's consent.

NOW, THEREFORE, City and County, in consideration of the mutual covenants

expressed hereinafter, agree as follows: 1. The County and City agree that the costs for materials for the Road located within

the municipal limits of City and County jurisdiction will be at the City’s Expense.



County will provide all engineering and labor necessary for improvement of the Road at County's sole expense. The engineer's probable cost estimate for materials for the improvements to the Road is attached here as Exhibit A.

2. The City consents to County performing the labor within the corporate limits of City.

3. The parties agree that City and County will each inspect and accept the Road

prior to declaring the work completed. 4. The parties further agree that upon completion of the improvements, each party shall

be responsible for the maintenance and operation of the Road within each party's respective jurisdiction.

5. Pursuant to Tex. Trans. Code 251.012, authorizes County to perform the work and

services described herein within its corporate city limits. 6. City agrees to pay County the City's portion of the cost of the materials within

thirty (30) days after receiving County's invoice for one-hundred percent (100 %) of cost of the materials

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

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

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

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

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

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

10. Texas Law to Apply. This Agreement shall be construed under and in accordance

with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hidalgo County, Texas. The parties hereby consent to personal jurisdiction in Hidalgo County, Texas.

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



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

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

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

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

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

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

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

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

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

16. Gender and Number. All pronouns used in this Agreement shall include the other gender, whether used in the masculine, feminine or neuter gender, and singular



shall include the plural whenever and as often as may be appropriate.

17. Authority to Execute. The execution and performance of this Agreement by City and

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

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

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

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

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

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

written above.

[SIGNATURE PAGE TO FOLLOW]



THE CITY OF WESLACO ATTEST:

Elizabeth M. Walker, City Secretary APPROVED AS TO FORM:

Ramon Vela, City Attorney ATTEST:

Arturo Guajardo, Jr., County Clerk

APPROVED AS TO FORM: ATLAS, HALL & RODRIGUEZ, LLP

By:

Stephen L. Crain

David Suarez, Mayor COUNTY OF HIDALGO Ramon Garcia, County Judge



6

STATE OF TEXAS § §

COUNTY OF HIDALGO §

APPROVAL OF INTERLOCAL COOPERATION AGREEMENT

PROJECT

In accordance with Texas Government Code §791.014, Hidalgo County, Texas, acting by and through the Hidalgo County Commissioners Court, has been advised of a proposed project to desire to improve Joe Stephens Avenue from Vo-Tech Drive to 1912 Joe Stephens Avenue through an lnterlocal Cooperation Agreement to be entered into with the City of Weslaco, Texas, and Hidalgo County.

By vote on 2014, the Hidalgo County Commissioners Court has

approved the Project identified above.

By: Ramon Garcia, County Judge ATTEST:

_ Arturo Guajardo, County Clerk


ATLAS, HALL & RODRIGUEZ, LLP

By: _

Stephen L. Crain




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

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director Subject: Contractor approval for Weslaco Boys and Girls Club Recreation Center Project Number 51-000065 Discussion: Discussion and consideration to award the Construction-Manager-At-Risk Contractor to the best qualified, most advantages bidder for the construction phase of the Boys and Girls Club Recreation Center, in a Guaranteed Maximum Price amount not to exceed $1,230,000.00, funded in part by the Texas Parks and Wildlife as Project Number 51-000065 as shown on architectural drawings design completed by Alcocer Garcia Associates Architectural Services and authorize the Mayor to execute related documents. Fiscal Note: Amount: $

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

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









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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Authorize Final Pay Application for LeFevre Engineering- Lift Station No. 36 Discussion: Discussion and consideration to authorize Final Pay Application for LeFevre Engineering for the amount not to exceed $____________, services rendered for the Rehabilitation of Lift Station No. 36 and authorize Mayor to execute all related documents.

Fiscal Note:

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







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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Authorize Final Pay Application for JF Utility- Lift Station No. 36 Discussion: Discussion and consideration to authorize Final Pay Application for JF Utility for the amount not to exceed $____________, services rendered for the Rehabilitation of Lift Station No. 36 and authorize Mayor to execute all related documents.

Fiscal Note:

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






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CO3 City of Weslaco

Lift Station No. 36 Rehabilitation Project Weslaco, Texas

CHANGE ORDER CO No.: 3 Date: March 24, 2014

Owner's Project No. LS No. 36 Engineer's Project No. P136

Contractor: J.F. Utility Trenching

For: Lift Station No. 36 Rehabilitation Project

Contract Date: August 28. 2012

To: J.F. Utility Trenching

You are directed to make the changes noted below in the subject contract:

Owner: City of Weslaco — City Engineer

By:

Mr. Mardoqueo Hinojosa, P.E.

Date:

The terms of the Agreement, dated August 28. 2012 between Owner and Contractor are amended as follows:

1 DESCRIPTION: Decrease the contract amount by $2,000.00 due to liquidated damages.

Contract Price Prior to This Change Order S 788,000.00

Previous Change Orders S 40,000.00

Net Decrease Resulting from This Change Order $ 2.000.00

Current Contract Price Including This Change Order $ 826,000.00

Contract Time Prior to This Change Order 270 days

Net Increase Resulting from This Change Order 240 days

Current Contract Time Including This Change Order 510 days

As a result of this change order contract final completion is revised to February 10, 2014.

All other terms and conditions of the agreement remain unchanged and are hereby ratified and confirmed. All phrases used herein have the same meaning as in the agreement.

No other contract documents or technical specifications is hereby revised by Change Order No. 3

5 Projects' H itiaig6 ,Weslaco \ P136 Weslaco LS-36 Rehab' Construction Phase Change Orders . Change Order No. TEO Nu. 3 (3-24-14).doc

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The above changes are recommended for Approval:

LeFevre Environmental & Manage • en

By:

ichard

Date:

LC.

The above changes are accepted:

J.F. Trenching & Paving Construction, LLC

By: -2(-

'01-1C.ZYN

Date: 34)01j

Projects'AidalgO,WesEacOP 1:6 Weslaco LS-36 Rthah' ,Construction PhaseChange Orders Change Order No. 2 CO No. 3 (3-24-14).doc

2 of 2





ewalker

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