14 06 03 agenda supplements

Date of Meeting: June 3, 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. Invocation. C. Pledge of Allegiance. D. Roll Call.

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Pastor Rene Vega of Laborers from Love and Hope will give the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

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

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

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City of Weslaco “The City on the Grow”

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

David Suarez, 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

Fidel L. Pena, III, 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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Minutes of the Regular Meeting on May 6, 2014 Page 1 of 9

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, MAY 6, 2014

On this 6th 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; Bret Mann, Finance Director; Sonia Flores, Assistant Finance Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Interim Chief Sergio Ramirez, Police Department; Santiago Cuellar, Fire Chief; Assistant Chief Rudy Garza, Fire Department; Martin Mata, Assistant Library Director; David Salinas, Public Utilities Director; Oscar Garcia, Public Facilities Director; 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 on Friday, May 2, 2014.

B. Invocation. Pastor Bob Slade from Love of Christ 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 COMMENTS There were no public comments received.

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


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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 April 15, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Approval of the renewal of the Summer Feeding Program established through the Texas Department of Agriculture accepting meals at no charge from Weslaco Independent School District Food Services Department for distribution to school age children within the 2014 Summer Reading Program and authorize the Mayor to execute any related documents. (Staffed by Library.) Attachment.

C. Approval of an interlocal agreement with the City of McAllen to purchase communication equipment, portable radios, mobile radios, and base stations, in an amount not to exceed $50,000.00 as previously allocated in the Frost Bank Lease Purchase Agreement, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Fire Department.) Attachment.

D. Approval of the increase in state unemployment taxes from .1% to 2.3% for the first $9,000.00 in wages as determined by the Texas Comptroller, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Finance Department.) Attachment.

E. Acceptance of a check from Adobe Unlimited, LLC, in the amount of $5,600.00 for payment in lieu of land for the Midway Court Phase II Subdivision for park dedication fees as authorized by §26-37 of Appendix B of the City of Weslaco Subdivision Regulations and Policies and authorize a budget amendment as appropriate. (Staffed by Planning and Code Enforcement Department.) Attachment.

F. Acceptance of a donation of $44.00 from Sears and National Volunteer Fire Council into account 01-516-2043 and authorize a budget amendment as appropriate. (Staffed by Fire Department.) Attachment.

G. Approval of Resolution 2014-24 supporting the Voting Rights Act and authorize the Mayor to execute any related documents. (Staffed by City Manager’s Office.) Attachment.

H. Approval of Resolution 2014-25 supporting the location of the University of Texas Rio Grande Valley administrative offices and authorize the Mayor to execute any related documents. (Staffed by City Manager’s Office.) Attachment. Commissioner Noriega requested item III. C be withdrawn consent agenda for further consideration. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve items III. A, B, D, E, F, G, and H as presented. The motion carried unanimously; Mayor Suarez was present and voting. For the record, the resolutions read as follows:


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RESOLUTION NO. 2014-24

STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION IN SUPPORT OF BI-PARTISAN LEGALISATION TO MODERNIZE THE VOTING RIGHTS ACT

WHEREAS, The right to vote is a fundamental right of United States citizens and is the most

important of civic rights and obligations; and

WHEREAS, The election of representatives who voice the concerns of the public ensures a responsive and accountable government; and

WHEREAS, The failure of eligible Americans to vote jeopardizes the strength and vitality of our country’s democracy; and

WHEREAS, The Fifteenth Amendment to the United States Constitution ensures that the right of citizens of the United States to vote is not denied on account of race or color, and grants Congress the authority to protect the right to vote; and

WHEREAS, Congress has exercised this authority by passing the Voting Rights Act of 1965, landmark legislation that seeks to abolish discriminatory procedures and barriers that disenfranchise minority voters; and

WHEREAS, Congress has, time and again, reaffirmed the need for protection against abuses that might curtail the right to vote by renewing the Voting Rights Act of 1965; and

WHEREAS, The Voting Rights Act’s highly effective preclearance procedures have been suspended as a result of the Supreme Court’s decision in Shelby County v. Holder; and

WHEREAS, The Shelby County decision has greatly diminished the ability of the federal government to protect equal access to the ballot box; and

WHEREAS, Voter discrimination based on race, ethnicity, and language minority status is not a thing of the past but a current reality; and

WHEREAS, A bipartisan group of Members of Congress has proposed legislation – the Voting Rights Amendment Act of 2014, H.R. 3899 and S. 1945 – that would respond to the Shelby County decision by modernizing voting rights protections; and

WHEREAS, The Voting Rights Amendment Act would protect voters throughout the nation, and extend appropriate oversight to any jurisdiction with a significant recent history of discriminatorily restricting access to elections, consistent with the Constitution; and

WHEREAS, The Voting Rights Amendment Act would increase transparency in election administration and policymaking in the interest of ensuring that discriminatory voting laws do not escape the notice of advocates who have the knowledge and resources necessary to vindicate voters’ rights; and

WHEREAS, The Voting Rights Amendment Act is a positive first step toward adapting the Voting Rights Act to meet 21st century needs and apply adequate scrutiny to suspect voting laws consistent with the Supreme Court’s decisions;

NOW, THEREFORE BE IT RESOLVED BY THE WESLACO CITY COMMISSION to hereby record support for the Voting Rights Amendment Act of 2014, and urge Congress to enact this legislation in order to preserve integrity, equality and fairness in elections in 2014 and beyond. PASSED AND APPROVED on this 6th day of May 2014 by the Weslaco City Commission.

RESOLUTION NO. 2014-25


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STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION IN SUPPORT OF LOCATING THE FUTURE ADMINISTRATION BUILDING OF THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY IN THE CITY OF WESLACO

WHEREAS, the 83rd Texas Legislature approved the creation of The University of Texas in

South Texas, now officially named The University of Texas Rio Grande Valley; and WHEREAS, the Board of Regents of The University of Texas System is seeking proposals

from public and private parties for the gift and/or sale to the Board of Regents of the University of Texas System of land, or land improved with a suitable building in South Texas for use as the administrative headquarters building for The University of Texas Rio Grande Valley; and

WHEREAS, the responses to RFP No. REO 03-14-2014 BOR are due by 5:00pm May 15,

2014; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WESLACO, TEXAS THAT the City of Weslaco supports the location of the Administrative Building for The University of Texas Rio Grande Valley in the City of Weslaco. BE IT FURHER RESOLVED THAT Mayor David Suarez is authorized to submit a response to RFP No. REO 03-14-2014 BOR that could include unimproved land or land with a suitable building that meets the proposal requirements of RFP No. REO 03-14-2014 BOR. PASSED AND APPROVED on this 6th day of May 2014 by the Weslaco City Commission. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

IV. OLD BUSINESS

A. Discussion and consideration to declare as surplus outdated GLOCK Caliber .40 Generation 2 and 3 service weapons and authorize the sale of fifty-eight of them to current Weslaco Police Officers at a one-time payroll deduction in the amount of $250.00/each and authorize a budget amendment as appropriate. Possible action. (This item was tabled April 15, 2014; Staffed by Police Department.) Attachment. Mayor Pro-Tem Cuellar requested this item not be removed from the table to allow the recently appointed Interim Police Chief Sergio Ramirez the opportunity to get acclimated.

V. NEW BUSINESS

A. Discussion and consideration to provide a grant in an amount not to exceed $78,236.00, split 50/50 with the Economic Development Corporation of Weslaco, to South Texas College to enhance economic development by assisting with transportation to students from outside Weslaco to STC Mid-Valley Campus. Possible action. (Staffed by the Economic Development Corporation of Weslaco.) Attachment. The City Manager reported this supports the bus system to the Mid Valley Campus of


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South Texas College; the Economic Development Corporation of Weslaco recommends approval. In response to Commissioner Noriega, the City Manager explained the funding source would be the general fund with end-of-year cost savings since not all departments spend their full budgets. Commissioner Rivera, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

B. Discussion and consideration to reimburse Valley Nature Center in an amount not to exceed $68,717.32 for expenses on exhibits from Clarke Design, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Facilities.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The City Manager explained the Commission previously approved a contract with Clarke Design in the amount of $200,000.00; the former director of the Valley Nature Center paid $68,717.32 to Clarke Design directly in order to move forward with the contract. In response to Commissioner Noriega, the City Attorney stated he was not prepared to opine if this expense qualifies through Hotel Occupancy Tax funding; in response to Mayor Pro-Tem Cuellar, Mr. Mann assured there is sufficient funding in the general fund to process this payment if approved. The Mayor called comments at the dais out of order. Commissioners Tafolla and Rivera rescinded their motion. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented to be paid from the General Fund. The motion carried unanimously; Mayor Suarez was present and voting.

C. Discussion and consideration to authorize the purchase of new pumps, motors, and electrical panels for Lift Stations 25 and 26 from Odessa Pumps, Buyboard contract 418-13 in an amount not to exceed $37,182.68, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities.) Attachment. The City Manager stated this would replace pumps with a five year life expectancy, now ten years old at Lift Stations 25 and 26. Public Utilities Director David Salinas explained that the purchase of new pumps, motors, and electrical panels are necessary to ensure the greatest efficiency of the Lift Stations, which are not slated to be shut down until after the new receiving well is opeational. Buyboard offered the lowest bid for the purchase; the new pumps come with a five year warranty. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

D. Discussion and consideration to reject all bids from Request for Qualifications 2013-14-04 Lift Station Alarm Monitoring Equipment and Services and re-bid the project


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with revised bid documents, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities.) Attachment. The City Manager recommended to reject the bids from Request for Qualifications 2013-14-04 Lift Station Alarm Monitoring Equipment and Services, as there was a significant disparity between the two responsive bidders, $19,000.00 to $51,000.00. He suggested to re-bid the project with revised bid documents since the timing at market may affect responses. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

E. Discussion and consideration to authorize the rental of a sludge disposal system from Aqua-Zyme Disposal Systems, Inc. for sludge removal at the Water Treatment Plant as needed in coordination with on-site construction, in an amount not to exceed $2,500.00/month for a minimum of six months paid from cost savings on existing Purchase Order for Sludge Transportation and Disposal Services, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities.) Attachment. After Commissioner Noriega apologized for the odorous water over the weekend, Mr. Salinas explained this system as proposed should move sludge faster to comply with the Texas Commission on Environmental Quality Agreed Order and mitigate the risk of malodorous recurrence. He assured that the water was not affected, simply that the water carried the smell and apologized publically for the inconvenience. Commissioner Pena called to question the motion. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

F. Discussion and consideration to ratify the emergency purchase order in the amount of $19,095.00 for a new submersible pump to replace that at Lift Station 37 from Odessa Pumps, Buyboard contract 418-13, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities.) Attachment. The City Manager explained Lift Station 37 is the last in the chain to feed the South Waste Water Treatment Plant; the engine broke and it would cost $15,000.00 to repair it or $19,000.00 to replace it. The Mayor declared it an emergency so that a purchase order could be processed to replace it with new submersible pump, the better value. In response to Commissioner Pena, Mr. Salinas clarified this Lift Station is not ready for elimination yet. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.


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G. Discussion and consideration of the Public Facilities and Transportation Improvements Naming Committee recommendation to select the color and logo for the City of Weslaco elevated storage tank located on Milanos Road and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities.) Attachment. The City Manager recommended tnemec white, as recommended by the Public Facilities and Transportation Improvements Naming Committee. Mr. Salinas additionally reported the Committee recommended the Weslaco and Weslaco East High Schools logos be incorporated. Mayor Pro Tem Cuellar, seconded by Commissioner Rivera, moved to select tnemec white as the color for the City of Weslaco elevated storage tank located on Milanos Road and authorize the Mayor to execute any related documents. The motion carried unanimously; Mayor Suarez was present and voting. There was no action on the logo selection.

H. Discussion and consideration to approve the Waterline Access Agreement with North Alamo Water Supply Corporation and Medelfish, Ltd. for RSBR Westgate Subdivision and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manager recommended approval of this standard agreement. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

VI. REPORTS

A. Report by Hidalgo County Regional Mobility Authority on the latest Strategic Plan Update for the State Highway 365, International Bridge Trade Corridor and State Highway 68 Projects. Mr. Pilar Rodriguez reported on the latest Strategic Plan Update, as required by state law in even numbered years, to project funding for 2015-2019. The total project cost for the Short Term strategic plan is estimated at $498.8 million; total Texas Department of Transportation reimbursements will be $34.3 million for ten years following a complicated financial model because toll revenues are traffic dependent.

VII. EXECUTIVE SESSION At 6:55 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:07 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

VIII. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Pending Litigation – Consultation with Special Counsel regarding Cause No. C- 5929-


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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 Cause No. C-081-13 B, Weslaco Health Facilities Development Corporation v. Knapp Medical Center, et.al. as authorized by §551.071 of the Texas Government Code. There was no action on this item.

C. Pending Litigation – Consultation with Special Counsel and City Attorney regarding a proposed settlement offer in Cause No. C-3090-11-D Sigler Winston Greenwood & Associates Inc. v. City of Weslaco, pursuant to §551.071 of the Texas Government Code. There was no action on this item.

D. Real Property – Discussion with the Economic Development Corporation of Weslaco regarding the purchase and financing options of a 20-plus acres tract of land toward Project Alpha in Weslaco, Hidalgo County, Texas as authorized by §551.072 of The Texas Government Code. Commissioner Fox, seconded by Commissioner Tafolla, moved to allow the Economic Development Corporation of Weslaco (EDCW) to proceed with the purchase of a 20-acre tract of land in Weslaco pursuant to the terms discussed in executive session provided the EDCW site is selected and the purchase closes in response to RFP No. REO 03-14-2014 BOR for Project Alpha. The motion carried unanimously; Mayor Suarez was present and voting.

E. Economic Development – Discussion with the Economic Development Corporation of Weslaco to renegotiate amendments to bring an economic development project to the City of Weslaco as authorized by §551.087 of The Texas Government Code. Commissioner Tafolla, seconded Commissioner Fox, moved to allow EDCW to negotiate amendments to a development agreement as discussed in Executive Session to bring an economic development project to the City of Weslaco and authorize the Mayor to execute the agreement. The motion carried unanimously; Mayor Suarez was present and voting.

F. Pending Litigation - Discussion with the City Attorney regarding a Tender, Release, and Substitution Agreement with Ohio Casualty Insurance Company regarding the Performance and Payment Bonds on the Valley Nature Center Project as authorized by §551.071 of The Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to accept the Tender, Release and Substitution Agreement with Ohio Casualty Insurance Company and the Completion Contractor selected and tendered by Ohio Casualty to complete the Valley Nature Center – Gibson Park Project as discussed in Executive Session and


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authorize the Mayor to execute the Tender, Release and Substitution Agreement. The motion carried unanimously; Mayor Suarez was present and voting. The City Attorney clarified the City will pay per the original contract, with balance of $266,000.00 with no further liability to the City; the Insurance Company will select the contractor and pay all expenses and will make good to all subcontractors.

G. Pending Litigation - Consultation 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.

IX. ADJOURNMENT With no other business before the Commission, at 8:12 p.m. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to adjourn the May 6, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present and 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



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A SPECIAL MEETING OF THE WESLACO CITY COMMISSION


On this 13th day of May 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 Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Bret Mann, Finance Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; David Salinas, Public Utilities Director; David Arce, Park & Recreation Director; Oscar Garcia, Public Facilities Director; Interim Police Chief Sergio Ramirez and other staff members and citizens.

I. CALL TO ORDER


Mayor Suarez called the meeting to order and certified the public notice of the meeting as properly posted Friday, May 9, 2014.

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

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

II. PUBLIC COMMENTS There were no comments received.

III. NEW BUSINESS

A. Discussion and consideration to program capital outlay from the Lease/Purchase

agreement with Frost Bank to the Parks and Recreation Department in an amount not to exceed $8,000.00 from one of two pool lifts as allocated for the purchase of a new Manitowoc Ice Maker to be placed at Isaac Rodriguez Park, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Parks and Recreation Department.) Attachment.



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The City Manager explained that the ice maker is beyond its useful life and recommend reallocating funds as approved in the $2 million lease purchase agreement from a pool lift since problems with the filtration system at one pool have since been identified and it will not be opened. Mr. Arce reported the ice maker is the same size, but more efficient with a five year warranty. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

IV. EXECUTIVE SESSION At 5:39 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:22 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

V. A.

POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION 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 Cause No. C-081-13 B, Weslaco Health Facilities Development Corporation v. Knapp Medical Center, et.al. as authorized by §551.071 of the Texas Government Code. There was no action on this item.

C. Pending Litigation – Consultation with Special Counsel and City Attorney regarding a proposed settlement offer in Cause No. C-3090-11-D Sigler Winston Greenwood & Associates Inc. v. City of Weslaco, pursuant to §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar left the dais. Commissioner Pena, seconded by Commissioner Rivera, moved to authorize Special Counsel Mary Ibarra to tender a settlement offer to Sigler Winston Greenwood and Associates’ Attorney under the terms and conditions as discussed in Executive Session. The motion carried unanimously; Mayor Suarez was present and voting.

D. Pending Litigation – Consult with City Attorney regarding Cause No. C-3865-10-I, City of Weslaco v. Champion Energy Services, LLC as authorized by §551.071 of the Texas Government Code. There was no action on this item.

VI. ADJOURNMENT



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With no other business before the Commission, at 8:23 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the May 13, 2014 special meeting. The motion carried unanimously; Mayor Suarez was present, but not voting.






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A REGULAR MEETING OF THE WESLACO CITY COMMISSION




Deputy Secretary Nicole Mowbray Special Counsel David Mendez Also present: Juan Salas, IT Department; Sonia Flores, Assistant Finance Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Interim Chief Sergio Ramirez, Police Department; David Arce, Park & Recreation Director; Assistant Chief Rudy Garza, Fire Department; David Salinas, Public Utilities Director; Veronica Ramirez, Human Resources Director; Gloria Givilancz, and other staff members and citizens. I. CALL TO ORDER



B. Invocation. Minister Howard Bloomquist from Central Christian Fellowship 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. Nicole Mowbray, Deputy Secretary, called the roll, noting perfect attendance.

V. EXECUTIVE SESSION Commissioner Tafolla, seconded by Commissioner Rivera, moved to take from its posted sequence items V. A and B. and II. A. for immediate consideration in Executive Session. The motion carried unanimously; Mayor Suarez was present and voting.




At 5:36 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 6:41 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

II. PUBLIC HEARINGS

A. To solicit input for a Conditional Use Permit to operate a special events center at 1411 W. 18th Street, also being the N212.07’-W205.40 FT 732 1AC GR 0.88AC Net, West Tract Subdivision, Weslaco, Hidalgo County, Texas. (Requested by Adela Mireles Gonzalez.)

B. To solicit input for a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 1600 S. Texas Blvd, also being Lot 1, Southgate Center Subdivision, Weslaco, Hidalgo County, Texas. (Requested by Quality Licensing Corporation.)

C. To solicit input to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1901 Maria Isabel Drive, also being Lot 24, Colonia San Francisco de Weslaco, Weslaco, Hidalgo County, Texas, from “R-1 One-Family Dwelling District” to “R-2 Duplex and Apartment District.” (Requested by Robert Rangel.) Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to open the public hearing items concurrently. The motion carried unanimously; Mayor Suarez was present and voting. Ms. Adela Mireles Gonzalez gave a complete timeline of actions taken regarding her special events center, from when she initially purchased the property in December until the meeting of the Planning and Zoning Commission in May when her application for the Conditional Use Permit was recommended denial. Upon completion of Gonzalez’s presentation, Mr. Robert Ault, the owner of property to the south in question, explained his reasoning to deny the Conditional Use Permit, stating the Planning and Zoning Commission is perpetuating the problem, as they are not following their own ordinances in this case. No comments were received for items II.B and II.C. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to close the public hearing items concurrently at 7:08 p.m. The motion carried unanimously; Mayor Suarez was present and voting.

III.

PUBLIC COMMENTS There were no comments received.

IV. NEW BUSINESS

A. Discussion and consideration for a Conditional Use Permit to operate a special events center at 1411 W. 18th Street, also being the N212.07’-W205.40 FT 732 1AC GR 0.88AC Net, West Tract Subdivision, Weslaco, Hidalgo County, Texas (requested by




Adela Mireles Gonzalez) and authorize the Mayor to execute any related documents. Possible action. (A three-fourths vote is required to approve in accordance with the Weslaco Code of Ordinances §150-20(d) as Planning & Zoning Commission recommended denial; Staffed by Planning and Code Enforcement Department.) Attachment. A super majority vote was needed for this item to be approved, as the Planning and Zoning Commission did not recommend approval. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. By roll call vote, the motion failed with Mayor Suarez and Commissioners Fox, Noriega and Pena opposed (3-4).

B. Discussion and consideration for a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 1600 S. Texas Blvd, also being Lot 1, Southgate Center Subdivision, Weslaco, Hidalgo County, Texas (requested by Quality Licensing Corporation) and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. In response to Commissioner Noriega, the City Manager clarified this is the location of the new Wal-Mart. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

C. Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1901 Maria Isabel Drive, also being Lot 24, Colonia San Francisco de Weslaco, Weslaco, Hidalgo County, Texas, from “R-1 One-Family Dwelling District” to “R-2 Duplex and Apartment District”(requested by Robert Rangel) and authorize the Mayor to execute any related documents. Possible action. First Reading of Ordinance 2014-06. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager noted that the Planning and Zoning Commission and staff recommend approval of this item. In response to Commissioner Noriega, Mr. Hinojosa stated this location is on North Texas Boulevard across from the Water Treatment Plant, which is already surrounded by apartments. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

D. Discussion and consideration to approve Amendment No. 2 to an existing contract with TEDSI Infrastructure Group in an amount not to exceed $5,500.00 to include the Right-Of-Way staking fee related to roadway improvements on Sugarcane Road (Mile 9 North) from Westgate Drive (Mile 6 West) to Border Avenue (Mile 5½ West), authorize a budget amendment as appropriate and authorize the Mayor to




execute related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. In response to Commission Noriega, the City Manager stated this project originated with the 2007 bond; the previous amendment was to redesign based on changed road conditions. Mr. Hinojosa stated this amendment is for staking, which had been overlooked by staff; this amount is to be shared with the County and partially reimbursed. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented subject to reimbursement by the County through the interlocal agreement with Hidalgo County Precinct 1. The motion carried unanimously; Mayor Suarez was present and voting.

E. Discussion and consideration to select the best qualified, most advantageous bidder for the roadway improvements on Sugarcane Road (Mile 9 North) from Westgate Drive (Mile 6 West) to Border Avenue (Mile 5 1/2 West) and authorize the Mayor to execute related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager listed the bids received for this project, including:

• Texas Cordia Construction LLC, $724,000 • M5 Texas Enterprises LLC, $985,530 • 2GS, $1,112,000 • Saenz Brothers LLC, $1,250,000 • Salinas $1,254,000

The City Manager recommended the lowest responsive bidder; Commissioner Tafolla expressed concern about some of the qualifications of some of the contractors. Commissioner Rivera expressed concern about the difference in cost in the bids received. A representative from TEDSI recommended the lowest bidder and does not foresee any change orders. The City Manager expressed concern that if this project is delayed, the City may miss the window to complete this project when school is closed for the summer. The Mayor clarified that bids are not expected to be rejected, but that the top three bidders will present Commissioner Tafolla, seconded by Commission Rivera, moved to table the item as presented until May 27, 2014. The motion carried with Mayor Suarez and Commissioners Noriega and Pena opposed.

F.

Discussion and consideration to select the best qualified, most advantageous consulting firm for the City of Weslaco Five Year Comprehensive Plan and authorize the City Manager to negotiate a professional planning and engineering services contract and authorize the Mayor to execute related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager reported staff is not prepared to make a recommendation at this




time; there was no action on this item.

G.

Discussion and consideration to select the best qualified, most advantageous consulting firm for the Master Drainage Plan and authorize the City Manager to negotiate a professional engineering services contract for the Drainage Plan, and authorize Mayor to execute related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager reported staff is not prepared to make a recommendation at this time; there was no action on this item.

H. Discussion and consideration to approve Resolution 2014-26, engaging legal counsel and rate consultants to review the Texas Gas Service Company 2014 COSA Rate Filing, and authorize the Mayor to execute the resolution.. Possible action. (Staffed by Legal Department.) Attachment. The City Manager stated this would allow Geoffrey Gay as consultant to negotiate the rate on behalf of Valley municipalities through the Lower Rio Grande Valley Development Council. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

I. Discussion and consideration to approve the City of Weslaco Audit for Fiscal Year 2013-2014 presented by City Independent Auditor Manuel L. Garcia of Garcia and Pena, CPAs. Possible action. (Staffed by Finance Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Pena, moved to approve the item as presented. Mr. David Mendez stated the typographical error in the agenda which identifies the Fiscal Year as 2013-2014 when it should read 2012-2013 is not a fatal flaw to prevent consideration. Commissioner Tafolla, seconded by Commissioner Pena, rescinded the motion and moved to approve the item the City of Weslaco Audit for Fiscal Year 2012-2013 presented by City Independent Auditor Manuel L. Garcia of Garcia and Pena, CPAs. Mr. Manuel Garcia, representing Garcia & Pena CPAs, explained in detail the audit report as divided into four parts: introduction, financial, statistical, and single audit sections. Mr. Garcia stated this is one of the best reports the City has had in a long time: the general fund balance increased to $10,641,027.00 in comparison to $6,701,789.00 last year, with the largest increase in the cash account from $3 million to $6 million; the property tax balance remained approximately the same as last year. Other revenues increased from $20,835,188.00 last year to $22,047,776.00 this year. Expenditures were over-budgeted for this year, with an increase of $408,871.00 from last year; however, he commended the City for purchasing from local vendors.




The motion carried unanimously; Mayor Suarez was present and voting.

J. Discussion and consideration of status report from District 3 Commissioner Olga Noriega regarding District 3 and City of Weslaco projects and concerns. Possible action. (Requested by Commissioner Olga Noriega and Commissioner Fidel Pena). No action was taken on this item.

K. Discussion and consideration to authorize staff to solicit proposals for Waterworks Collection and Distribution Materials, awarding the best qualified and lowest bidding vendor; and authorize the Mayor to execute any related documents and budget amendments as may be required. Possible action. (Staffed by Public Utilities Department). Attachment. The City Manager explained these are supplies used throughout the year and recommended approval. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

L. Discussion and consideration to engage David Mendez and firm of Bickerstaff, Heath, Delgado & Acosta LLP, regarding City of Weslaco’s district map. (Staffed by City Manager’s Office). Attachment. The City Manager reported that subsequent to the recent annexation legal guidance may be necessary to assure compliance with one person, one vote requirement. The Mayor Pro-Tem stated that questions will be posed to Mr. Mendez who will provide a legal opinion, but there may not be a need for redistricting at this time. No action was taken on this item.

VI. 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. No action was taken on this item.

B. Pending Litigation – Consultation with Special Counsel and City Attorney regarding a proposed settlement offer in Cause No. C-3090-11-D Sigler Winston Greenwood & Associates Inc. v. City of Weslaco, pursuant to §551.071 of the Texas Government Code. No action was taken on this item.

ADDENDUM




A. Discussion and consideration to authorize the preparation of service plans for the involuntary annexation of 3 tracts of land as described: Tract 1 A tract of land containing 87.26 acres 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 2 A tract of land containing 182.71 acres 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 3 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. No action was taken on this item.

VII. ADJOURNMENT With no other business before the Commission, at 9:01 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the May 20, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present and voting.



_______ COMMISSIONER, Olga M. Noriega




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



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Minutes of the Special Meeting on May 27, 2014 Page 1 of 5

A SPECIAL MEETING OF THE WESLACO CITY COMMISSION




City Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Juan Salas, IT Department; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Interim Chief Sergio Ramirez, Police Department; David Salinas, Public Utilities Director; Bret Mann, Finance Director; Chief Santiago Cuellar, Fire Department, and other staff members and citizens.

I. CALL TO ORDER



B. Pledge of Allegiance. Mayor Suarez recited the Pledge of Allegiance and recited the Texas flag.

C. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the absence of Mayor Pro-Tem Cuellar at the time of roll and his arrival at 5:33 p.m.

V. EXECUTIVE SESSION Commissioner Tafolla, seconded by Commissioner Rivera, moved to withdraw from its posted sequence items III. A. and B. and IV. A. for immediate consideration in Executive Session. The City Attorney opined that he does not believe that III. A. qualifies as Executive Session. Commissioner Tafolla, seconded by Commissioner Rivera, moved to withdraw from its posted sequence item IV. A. for immediate consideration in Executive Session. The motion carried unanimously; Mayor Suarez was present and voting.




Commissioner Noriega stated that at her personal expense, shared by the Mayor and Commissioner Pena, this meeting is being filmed. Mayor Pro-Tem Cuellar and Commissioner Tafolla requested an agenda item on the next Commission meeting to consider televising special meetings; Commissioner Fox additionally requested the exploration of livestream internet broadcasting of the meetings. At 5:39 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 6:14 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

II. PUBLIC COMMENTS There were no comments received.

III. OLD BUSINESS

A. Discussion and consideration to select the best qualified, most advantageous bidder for the roadway improvements on Sugarcane Road (Mile 9 North) from Westgate Drive (Mile 6 West) to Border Avenue (Mile 5 1/2 West) and authorize the Mayor to execute related documents. Possible action. (This item was tabled May 20, 2014; Staffed by Planning and Code Enforcement Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to remove the item from table. The motion carried unanimously; Mayor Suarez was present and voting. Commissioner Tafolla, seconded by Commissioner Rivera, then moved to discuss and consider to select the best qualified and most advantageous bidder for the roadway improvements on Sugarcane Road. The City Manager listed all of the general contractors who submitted bids for this project, including:

• Texas Cordia Construction LLC, $724,000 • M5 Texas Enterprises LLC, $985,530 • 2GS, $1,112,000 • Saenz Brothers LLC, $1,250,000 • Salinas $1,254,000

Each contractor was invited to give a presentation to introduce their company and explain their plans for completing the project. Yara Corbitt, president of Texas Cordia Construction LLC, stated her company has the required experience and personnel to do the best work within the ninety days as specified at the lowest responsible bid. In response to Mayor Pro-Tem Cuellar, she said she was able to identify all possible cost-saving measures to arrive at her low bid. She does not expect any change orders. Oscar Cancino of M5 Texas Enterprises LLC, Berto Garcia of 2GS, and Rafael Chavira of Saenz Brothers LLC each presented the qualifications of their respective firms. In response to the Mayor Pro-Tem, who asked each to explain potential reason for disparity in bid amounts, each cited the ninety-day time constraint when this is typically a 120-day project, meaning additional crews and resources would have to be secured to meet deadline; also, the cost of unforeseen circumstances were included.




Mr. Armando Martinez, owner of M5 Texas Enterprises LLC, stated it unfair to call for presentations when the lowest bidder is present and withdrew the bid from his firm. Commissioner Tafolla commented, “this is an important road to me, and this project is dear to my heart;” he added he believes you pay for experience. He will base his motion on the work product he has seen for himself on other projects. Commissioner Noriega stated she will rely on the expert evaluation of the bid responses; Mayor Pro-Tem stated he is persuaded by the presentations themselves and the responses he received to his own questions. The City Manager stated there is a duty to disclose any conflicts of interest, after statements of a marital relationship between the owner of Cordia Construction and TEDSI employee; the City Attorney stated it does not constitute a conflict of the Commission. Commissioner Tafolla, seconded by Commissioner Rivera, moved to select 2GS as the best qualified, most advantageous bidder. By roll call vote, the failed with the Mayor, Mayor Pro-Tem Cuellar, and Commissioners Noriega, Fox, and Pena opposed (2-5). Commissioner Pena, seconded by Commissioner Noriega, moved to select Texas Cordia Construction LLC as the best qualified, most advantageous bidder. By roll call vote, the motion carried with Commissioners Tafolla and Rivera opposed (5-2); Mayor Suarez was present and voting.

B. Discussion and consideration to authorize the preparation of service plans for the involuntary annexation of a maximum of eight (8) tracts of land as described:

Tract 1 A tract of land containing 160.58 acres situated in the County of Hidalgo, Texas, being a part of portion of Farm Tracts 186, 183, 174, 173, 184, 172, 115 and 185, 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 151.78 acres situated in the County of Hidalgo, Texas, being a part of portion of Farm Tracts 128, 141, 172, 207, 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 3 The west 4.37 acres of 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 4 A tract of land containing 494.00 acres situated in the County of Hidalgo, Texas, being part or potions of Farm Tracts 201, 202, 203, 204, 205, 206, 207, 226, 227,




228, 229, 285 and 286 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 55.79 acres situated in the County of Hidalgo, Texas, being part or potions of Farm Tract 280, 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 147.01 acres situated in the County of Hidalgo, Texas, being part or potions of Farm Tracts 83, 84, 85, and 86, 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 169.90 acres situated in the County of Hidalgo, Texas, being part or potions of Farm Tracts 281, 282, and 333, 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 70.31 acres situated in the County of Hidalgo, Texas, being part or potions of Farm Tracts 103 and 104, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records

Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager stated this cleans up lollipops; staff recommends approval to initiate the annexation process. Mayor Pro-Tem Cuellar, stated the City of Donna made assertions that it is not annexing, but may have proceeded; this would protect Weslaco growth on its western boundary; these tracts do not include those as protested in the last annexation effort. In response to the Mayor, Mr. Hinojosa stated these tracts are within the thirty percent annual cap even when accounting for all territories presently being mediated. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to authorize the preparation of service plans for the involuntary annexation of all eight tracts of land as presented. The motion carried with Commissioners Noriega opposed (6-1); Mayor Suarez was present and voting.

IV. NEW BUSINESS

A. Discussion and consideration to acquire surplus property from the Texas Department of Transportation located on the 1400 Block of Westgate Drive also being a 0.9426 acre tract of land out of Farm Tract 146, Block 179, West and Adams Tract Subdivision through the TxDOT Turnback Program. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment.




There was no action taken on this item.

VI. 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 taken on this item.

VII. ADJOURNMENT With no other business before the Commission, at 8:05 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the May 27, 2014 special meeting. The motion carried unanimously; Mayor Suarez was present and voting.






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ORDINANCE NO. 2014-06 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1901 MARIA ISABEL DRIVE, ALSO BEING LOT 24, COLONIA SAN FRANCISCO DE WESLACO, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 ONE FAMILY DWELLING DISTRICT” TO “R-2 DUPLEX AND APARTMENT 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 “R-2 Duplex and Apartment District,” Lot 24, Colonia San Francisco De Weslaco, 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 20th day of May, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 3rd day of June, 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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--------- III. C.

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III. D.



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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Service Agreement for Chloride Dioxide Chemical and Services at the Water Treatment Plant Discussion: Discussion and consideration to enter into a service agreement for chlorine dioxide chemical and services for the Water Treatment Plant from vendor who was awarded RFB No. 2012-13-11, Evoqua Water Technologies, for the amount of $5,000 for the installation of equipment (one-time fee) and $0.90/lb. for Chlorine Dioxide Chemical in a “as needed basis” and authorize Mayor to execute all related documents and budget amendments as may be required. Fiscal Note: Amount: Term of Impact: 2years Identified in Current Budget: No Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: 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”):

- Evoqua Water Tech. Quote No. Q140507JM1 Responsibilities upon Approval: Upon approval, City Secretary’s office will forward a copy to the Public Utilities Department.


















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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Authorize Renewal of MS4 Permit Discussion: Approval of Notice of Intent (NOI) to renew the Municipal Separate Storm Sewer System (MS4) Permit and authorize the Mayor to execute all related documents.

Fiscal Note: Amount: Term of Impact: year(s) Identified in Current Budget: N/A 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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IV. C.

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Date of Meeting: 06/03/2014

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

From (name, title, department and who submitting on behalf of, if any): Veronica Ramirez, Human Resources Director Subject: Insurance packages Discussion: Discussion and consideration to extend current policies or to authorize staff to solicit proposals for the following:

1. Worker’s Compensation Insurance 2. Employer’s Liability, 3. Commercial Package (Commercial Property Insurance, Commercial General

Liability, Airport Liability, Commercial Crime Liability, Law Enforcement Liability, Commercial Automobile Insurance, Error and Omissions Liability, Umbrella Liability Coverage)

4. Basic Life & Accidental Death & Dismemberment; and/or 5. Group Health Insurance

Self-Insured Options Possible Action

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): N/A Recommendation for Commission Action: Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval:




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IV. E.

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RESOLUTION 2014-27

WHEREAS, the CITY OF WESLACO intends to make certain improvements to the Weslaco Mid Valley Airport; and

WHEREAS, the general description of the project is described as Comprehensive

Marketing Plan; and WHEREAS, the CITY OF WESLACO intends to request financial assistance

from the Texas Department of Transportation for these improvements; and WHEREAS, the CITY OF WESLACO will be responsible for 10% of the total

project costs currently estimated to be $120,000.00; and WHEREAS, the CITY OF WESLACO names the Texas Department of

Transportation as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements.

NOW, THEREFORE, BE IT RESOLVED, that the MAYOR hereby directs

MAYOR DAVID SUAREZ to execute on behalf of the CITY OF WESLACO, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation, and such other parties as shall be necessary and appropriate for the implementation of the improvements to the WESLACO MID VALLEY AIRPORT.

PASSED AND APPROVED this 3rd day of June, 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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Agenda Item No. (to be assigned by CSO): IV. F.

From (name, title, department and who submitting on behalf of, if any): Leonardo Olivares, City Manager/ CMO Subject: URBAN COUNTY REQUALIFICATION FOR FISCAL YEARS 2015-2017

Discussion: Discussion and consideration to approve the Cooperation Agreement with the County of Hidalgo for years twenty-eight, twenty-nine, and thirty of Community Development Block Grant funding, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. Attachment. Fiscal Note: Amount: Term of Impact: [1] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: 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: Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): See Cooperation Agreement Responsibilities upon Approval: Please return executed agreement to Grant’s Office.




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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Authorize Purchase of 2015 Ford F350 and Crane for the Wastewater Collections Division Discussion: Discussion and consideration to authorize staff the purchase of a 2015 Ford F350 Crew Cab 4x2 and Crane from Buyboard vendor Caldwell Country, Contract No: 430-13, in the amount not to exceed $53,044.00 for the Wastewater Collections Division and authorize the Mayor to execute all related documents and budget amendments as may be required. Fiscal Note: Amount: $ 53,044.00 Term of Impact: 1 year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: 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”):

- Caldwell Country Quote No. 00AA2 Responsibilities upon Approval: Upon approval, City Secretary’s office will forward a copy to the Public Utilities Department.




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QUOTE# 00AA1 CONTRACT PRICING WORKSHEET End User: CITY OF WESLACO Contractor: CALDWELL COUNTRY

Contact Name: FELIPE CANTU CALDWELL COUNTRY

Email: [email protected] Prepared By: Averyt Knapp

Phone #: 956-280-1169

Email: [email protected]

Fax #: Phone #: 800-299-7283 or 979-567-6116

Location City & State: WESLACO, TX Fax #: 979-567-0853

Date Prepared: MAY 14, 2014 Address: P. O. Box 27, Caldwell, TX 77836

Contract Number: BUY BOARD #430-13 Tax ID # 14-1856872

Product Description: 2015 FORD F350 CREW CAB 4X2 LWB W3A A Base Price & Options: $43,084

B Fleet Quote Option:

Code Description Cost Code Description Cost 4X2, 6.2L GAS, 6-SPD

AUTOMATIC, AIR CONDITION, AMFM-STEREO, TILT, 40-20-40 VINYL BENCH FRONT/REAR, FULL RUBBER FLOOR, 56”CA, FULL SIZE SPARE TIRE, E-LOCKING REAR AXLE, POWER WINDOWS, POWER LOCKS, POWER MIRRORS, DOMINATOR 8 SUPER-LED T/A – R/B, PCC4W SWITCH CONTROL CENTER, 4-VERTEX SUPER-LED LIGHT BLUE, VHF RADIO XTL 1500, DECAL GRAPHICS, COAX CABLE AND RADIO ANTENNA, CAP FLEET WIRING HARNESS, TOTAL INSTALL, KNAPHEIDE 696J SERVICE BODY, 3 COMPARTMENTS PER SIDE, 14.6” DEEP, STANDARD SHELVING, DIVIDERS, 49” WIDE FLOOR, TRAILER BRAKE CONTROLLER, CLASS V HITCH, 7 WAY PLUG, AUTOCRANE (1500#) ECONOTON CRANE, 8” STEEL REAR STEP BUMPER

INCL

GM WARRANTY 5YR/100,000 MILES POWERTRAIN @ N/C

INCL CALDWELL COUNTRY

(**IF NEEDED—POWER ROTATION ON CRANE IS

N/I PO BOX 27



$2,675 ADDITIONAL THIS COST IS NOT INCLUDED IN TOTAL PRICE QUOTE**)

CALDWELL,TEXAS 77836 Subtotal B

INCL

C Unpublished Options

Code Description Cost Code Description Cost Subtotal C

D Other Price Adjustments (Installation, Delivery, Etc…)

Subtotal D

INCL

E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D) $43,084 Quantity Ordered X

1

Subtotal E

$43,084

F Non-Equipment Charges (Trade-In, Warranty, Etc…) BUY BOARD $400 G. Color of Vehicle: WHITE H. Total Purchase Price (E+F) $43,484

Estimated Delivery Date:

150 DAYS APPX




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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Authorize Purchase of Sewer Trash Pump Discussion: Discussion and consideration to authorize staff to purchase a portable six inch (6”) trailer mounted Sewer Trash Pump for Wastewater Collections from DBA Goodwin Pumps, an H-GAC vendor- Contract No.: CM02-13, utilizing additional vendor Xylem, for the amount not to exceed $40,252.04 and authorize the Mayor to execute all related documents and budget amendments as may be required. Fiscal Note: Amount: $ 40,252.04 Term of Impact: year(s) Identified in Current Budget: N/A 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”):

- Quotation No. 121004671

Responsibilities upon Approval: Upon approval, City Secretary’s office will forward a copy to the Public Utilities Department.




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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Reject Bids for RFB No.: 2013-14-07 Comprehensive Water Conservation Program and Re-Bid Project to Obtain more Favorable Quotes Discussion: Discussion and consideration to authorize staff to reject all bids from RFP/RFQ No.:2013-14-07 Comprehensive Water Conservation Program and re-bid the project in the attempt to obtain more favorable bids, and authorize the Mayor to execute all related documents and budget amendments as may be required. Fiscal Note: Amount: $ 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: 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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Documents

14 06 03 agenda supplements