14 06 17 agenda supplements

CSO1406

Date of Meeting: June 17, 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 Raja Masilamony of Seventh Day Adventists will give the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

Funding Source (budget code, if applicable): N/A Amount: $ 0 Term of Impact: #[0] year(s) Identified in Current Budget: N/A 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 June 17, 2014

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



Page 1 of 9 Minutes of the Regular Meeting of the Weslaco City Commission on June 3, 2014

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, JUNE 3, 2014

On this 3rd day of June 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 Acting Counsel George K. Farah Also present: Juan Salas, IT Department; Bret Mann, Finance Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Chief Sergio Ramirez, Police Department; David Arce, Park & Recreation Director; Chief Santiago Cuellar, Fire Department; Assistant Chief Rudy Garza, Fire Department; Oscar Garcia, Public Facilities Director; Trinidad Cantu, Assistant Public Utilities 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, May 30, 2014.

B. Invocation. Pastor Rene Vega from Laborers of Love and Hope delivered the invocation.

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

D. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the absence of Commissioner Tafolla; Mayor Pro-Tem Cuellar arrived at 5:33 p.m.

II.

PUBLIC COMMENTS

There were no 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 commission member, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. Possible action.

A. Approval of the Minutes of the following: 1) Regular Meeting on May 6, 2014; 2) Special Meeting on May 13, 2014; 3) Regular Meeting on May 20, 2014; 4) Special Meeting on May 27, 2014. (Staffed by City Secretary’s Office.)

Attachment.

B. Approval on Second and Final Reading of Ordinance 2014-06 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. (Staffed by Planning and Code Enforcement.) Attachment.

C. Authorization to advertise for the sealed bids for the purchase of cardiac monitors for the Fire Department, as previously approved on the equipment list, and authorize the Mayor to execute any related documents. (Staffed by Fire Department.) Attachment.

D. Authorization to utilize Federal Equitable Sharing funds to renew the Leads Online System contract in an amount not to exceed $5,000.00, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Police Department.) Attachment.

E. Approval of a service agreement for chlorine dioxide chemical and services for the Water Treatment Plant from Evoqua Water Technologies, vendor awarded RFB No. 2012-13-11, in the amount of $5,000.00 for the installation of equipment (one-time fee) and $0.90/pound for Chlorine Dioxide Chemical on an “as needed basis”, authorize a budget amendment as appropriate, and authorize Mayor to execute any related documents. (Staffed by Public Utilities Department.) Attachment.

F. Approval of the Notice of Intent to renew the Municipal Separate Storm Sewer System (MS4) Permit and authorize the Mayor to execute any relate documents. (Staffed by Public Utilities Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Suarez was




present and voting. For the record, the Ordinance reads as follows:

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. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

IV. NEW BUSINESS

A. Discussion and consideration to broadcast Special Meetings, by television through the City’s Public Education and Government (PEG) Channel and/or livestream via internet platforms, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. Possible action. (Requested by Mayor Pro-Tem Cuellar and Commissioner Tafolla.) Mayor Pro-Tem Cuellar, seconded by Commissioner Fox, moved to approve the item as presented. The Mayor Pro-Tem expressed his desire that all meetings of the Commission and its advisory boards, such as Planning and Zoning and Board of Adjustment and Appeals, be televised; Commissioner Fox suggested those meetings additionally be live-streamed online. The Mayor requested clarification of the motion since the agenda reads “the City’s Public Education and Government (PEG) Channel;” the Mayor Pro-Tem and Commissioner Fox withdrew the motion. Mayor Pro-Tem Cuellar, seconded by Commissioner Fox, moved to authorize the recording of special meetings just as regular meetings currently are being recorded, effective immediately. The motion carried unanimously; Mayor Suarez was present




and voting.

B. Discussion and consideration of the following: 1. Streetlight(s) at the Wildwood Forest Subdivision and on Westmont Drive; 2. Stop sign for Republica and Llano Grande in lieu of Republica and

Agostadero; 3. Deaf signage at intersection of Republica and Llano Grande; 4. Repair plans for the streets Airport and 18th south of 22nd street towards

Springwood subdivision; 5. Flooding concerns in the alley from Illinois Ave. to Iowa Ave. caused by

Allied Waste removing excessive dirt when pushing brush to the ends; 6. Schedule of the sweeping services; 7. Repainting crosswalks and curbs, as well as placing reflective bumps, either

on existing cross walks or at intersection with Llano Grande; 8. List of alleys scheduled to be cleaned during the summer; 9. Wastewater lines and pavement sinks at Forest Lane and North Forest Lane

intersection; 10. A schedule of Clean Sweep.

Possible action. (Requested by Commissioners Noriega and Pena.) Commissioner Noriega, seconded by Commissioner Pena, moved to begin discussion of this item. The Mayor Pro-Tem noted the list of items appears to be administrative issues, typically addressed by the City Manager; however, changes in the Texas Open Meetings Act no longer allow for general reports during the meeting and requested counsel suggest how each district may make a similar report in rotation each meeting. Commissioner Noriega stated she has a paper trail that these administrative issues have not been resolved.

1. Commissioner Noriega explained the need for streetlights at the Wildwood Forest Subdivision and on Westmont Drive, noting the increased rate of burglaries in that area. In response to Commissioner Noriega, Mr. Mardoqueo Hinojosa stated that after a survey of the neighborhood, the subdivision needs three more, as well as upgrades to allow for increased wattage at two existing streetlights, to comply with the current ordinance which calls for streetlights to be placed every 400 feet. The City Manager noted such ordinance was not in effect when the subdivision was developed; today, that cost is borne by the developer. The process takes three to five weeks since AEP installs each streetlight. Commissioner Pena, seconded by Mayor-Pro Tem Cuellar, requested a study of the streetlights with cost analysis and available grants at the next regular meeting.

2. The City Manager recommended a stop sign be put in this area, due to high traffic volume and its close proximity of South Texas College. Because the Commission dissolved the Traffic Safety Committee, the Traffic Safety Officer can address this issue administratively. Commissioners Pena, Rivera, and Fox suggested other devices to slow traffic in the same neighborhood, but light synchronization to manage traffic flow in other




corridors, such as Airport Drive. 3. Mr. Hinojosa stated staff does not recommend this item, as the Manual of

Traffic Controls no longer includes any information regarding deaf signage; however, such signage is not illegal should that be the will of the Commission.

4. The City Manager stated that various workshops have been held to discuss this matter; however, assistance from the County will be needed to complete this project. Residents Derek Galvan and Daniel Cameron lamented road conditions; Mr. Oscar Garcia reported that the cost to repair that stretch of road would be $163,000.00, eligible for a 50/50 cost split with the county. The Mayor Pro-Tem stated savings from the Sugarcane road project may be applied here.

5. Mr. Oscar Garcia explained that Allied Waste uses a backhoe to clear the alley, then the City backfills the same alley; in perfect world, all alleys would be paved, and more personnel would load a truck with a grafter. However, the priority is to pave streets over alleys.

6. Mr. Oscar Garcia explained the current sweeping services schedule, with only one sweeper working each of four quadrants in turn and sweeping Texas Boulevard and Business 83 every Wednesday at 4 a.m.; that sweeper has been down 84 days already this year, costing $14,000.00 to repair. He estimated $212,602.50 to replace it. Commissioner Rivera recommended hiring an additional sweeper; Commissioners Noriega and Fox suggested outsourcing the work.

7. Mr. Garcia explained that the repainting of crosswalks and curbs had been done annually, but Public Facilities now is using a thermal paint which should last three years.

8. There was no discussion on this item. 9. Mr. Trinidad Cantu stated that there is some settling along 2,000 linear feet

of this line, presumably due to how the line was compacted at the time of installation; he estimated $300,000.00 to repair it. In response to Commissioner Noriega as to why this had not been repaired to date, he cited the need for $15 million in other priorities just to repair existing wastewater lines in worse condition.

10. Mr. Cantu explained that a Clean Sweep usually is conducted annually. The last sweep was August 2013, another is expected this summer. Commissioner Noriega requested an update at the next meeting. Commissioner Rivera lamented the odor and potential contamination along Dolores Huerta Avenue; Mr. Cantu explained the line is not appropriately sized for that area and the lift station there has issues daily.

There was no action on this item.

C. Discussion and consideration to authorize the use of forfeiture funds for payment not to exceed $80,000.00 to Fleet Safety Equipment Inc., Buyboard Vendor contract #432-13, for the purchase of fourteen new laptops and payment not to exceed $46,500.00 to Professional and Technical Software Solutions (PTS), sole




source vendor, for the cost of new software licenses for each laptop, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. Possible action. (Staffed by Police Department.) Attachment. In response to Commissioner Noriega, Mr. Bret Mann explained the total cost is $126,000.00 for hardware and software and stated a budget amendment would be required since forfeiture funds are statutorily restricted. 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 extend current policies, authorize self-insured options, or 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, etc.);

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

and authorize the Mayor to execute any related documents. Possible action. (Staffed by Human Resources.) Attachment. The City Manager stated this item was not ready to be discussed at this meeting since staff is still obtaining quotes from vendors. There was no action on this item.

E. Discussion and consideration to approve Resolution 2014-27 authorizing a grant agreement with Texas Department of Transportation (TxDOT) Aviation Division, with ten percent local match, to develop a Marketing Plan for the future growth of Weslaco Mid Valley Airport, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Mid Valley Airport.) Attachment. The City Manager explained that the City could through this grant leverage a $12,000.00 local contribution to market the $7 million in improvements at the airport. Mayor Pro-Tem Cuellar, seconded by Commissioner Pena, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting. For the record, the resolution reads as follows:

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. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

F. 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. (Staffed by City Manager’s Office.) Attachment. The City Manager stated this serves as a renewal to a very successful program; currently $380,000.00 in improvements are underway in Original Townsite. In response to Commissioner Fox, Mr. Mann stated that the population threshold is 50,000 to become an entitlement community to self-administer these funds. 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.

G. Discussion and consideration to authorize 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, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment.




The City Manager explained that this vehicle would replace one involved in an accident. Mr. Trinidad Cantu clarified that claim has been processed since the City was not responsible for the accident; this purchase had been budgeted, originally to increase the number of vehicles, but with the crane as proposed this vehicle would serve dual purposes. 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.

H. Discussion and consideration to authorize the purchase of 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, in the amount not to exceed $40,252.04, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manager stated this pump would replace a pump no longer repairable. Mr. Mann explained that H-GAC is a cooperative, like Buyboard, but is often better for certain products, like this pump. 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.

I. Discussion and consideration to reject all bids from RFP/RFQ No. 2013-14-07 Comprehensive Water Conservation Program and authorize the re-bid of the project in the attempt to obtain more favorable bids, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. Mr. Trinidad Cantu stated that of the six potential contractors initially interested in the project, only one bid was received. Mr. Farah suggested the City should attempt to negotiate with this company before making the decision to reject their bid. Mayor Pro-Tem Cuellar and Commissioner Rivera withdrew the motion. There was no action on this item.

V. EXECUTIVE SESSION The Commission did not convene in executive session.


Page 10 June 17, 2014


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 on this item.

VII. ADJOURNMENT With no other business before the Commission, at 7:22 p.m. Mayor Pro-Tem Cuellar, seconded by Commissioner Pena, moved to adjourn the June 3, 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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CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Sergio Ramirez, Interim Chief of Police Subject: Discussion and consideration for Commission to accept the grant award from the Texas Department of Public Safety, Texas Rangers Division for the Border Security Program FY 14 (LBSP-13) in the amount of $25,000. Discussion: Discussion and consideration for Commission to ratify and accept the grant award for the Border Security Program FY 14 (LBSP-13) in the amount of $25,000.The funds will be used for the cost of overtime and fringe benefits not to exceed $25,000.00. Funding Source (budget code, if applicable): NA Amount: $ 25,000.00

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

Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [X] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: December 18, 2012 - Approved If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: NA Advisory Review, if any (name of board/committee, date of action, recommendation): NA Recommendation for Commission Action: Staff Recommends Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): 2014 Recipient Grant Award signed by Mayor David Suarez Responsibilities upon Approval: Grants Compliance Coordinator must submit reimbursement for overtime.



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1

RESOLUTION NO. 2014-28

A RESOLUTION SETTING DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF WESLACO, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION 1. On the _23rd day of June, 2014 at 5:30 p.m. and on the _24th day of _June, 2014 at 5:30 p.m. in the Legislative Chambers of the City Hall of the City of Weslaco, Texas, the City Commission will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Weslaco, Texas of the following described property, to-wit:

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


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2

A tract of land containing 494.00 acres situated in the County of Hidalgo, Texas, being part or portions 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 portions 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 portions 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 portions 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 portions 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.

SECTION 2. The Mayor of the City of Weslaco is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the city and in the above described territory not more than twenty days nor less than ten days prior to the date of such public hearing, in accordance with the Municipal Annexation Act.


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3

PASSED AND APPROVED this the 17th day of June, 2014.

CITY OF WESLACO ______________________________ DAVID SUAREZ, MAYOR ATTEST: ________________________________ ELIZABETH WALKER, CITY SECRETARY APPROVED AS TO FORM: ________________________________ RAMON VELA, CITY ATTORNEY


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CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director, Public Facilities Department Subject: Request to solicit sealed bids: Street Material - for the improvement & construction of city streets to include; Hot Mix, Cold Mix, Caliche, Road Bond, and MC30 Oil. Discussion: Authorization for the solicitation of sealed bids for Street Material to be utilized in city street improvements and construction, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Funding Source (budget code, if applicable): General Fund 524-2624 (upon approval) Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: 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: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Upon Commission Approval – Public Facilities Department will conform to TX Local Govt. Code 252.041 and advertise accordingly as instructed by the Finance Department – Purchasing Office. Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: City Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: Purchasing Office will proceed in Publication & Solicitation process in accordance with Texas Local Government Code 252.041



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Page 69 June 17, 2014

Name of Applicant:

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

[ ] Inside City Limits [ ] Outside City Limits

City:

State:

Zip Code:

How many years have you lived at this residence?

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

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

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

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

If so, who and how?

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

If so, which and when?

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

If so, which and when?

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

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

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

Timestamp of Receipt:

Applicant’s Signature:

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

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

Application for Service

City of Weslaco Boards and Committees


Page 70 June 17, 2014


Page 71 June 17, 2014


Page 72 June 17, 2014


Page 73 June 17, 2014

From: Carlos RobledoTo: Elizabeth M. WalkerSubject: Health Facilities Development CorporationDate: Friday, May 30, 2014 3:15:38 PM

Dear Ms. Elizabeth Walker,

I would like to thank you for the allowing me to serve on theHealth Facilities Development Corporation of Weslaco overthe past 15 months. However, due to a recent contract that Ihave attained with a national medical supply company thatdoes business with Knapp Medical Center I would like toresign from the corporation. I am taking this action due to apossible conflict of interest or appearance of conflict ofinterest. It was an honor to serve the citizens of Weslacoduring my time and I would welcome appointment to anotherboard in the future if it would benefit the citizens of Weslaco.

Thank You,

Carlos Robledo1421 Southgate Cr.Weslaco, TX 78596(956) 351-0467

The contents of this e-mail message and any attachments are confidential and are intended solely for addressee. The information may also be legally privileged. This transmission is sent in trust, for the sole purpose of delivery to the intended recipient. If you have received this transmission in error, any use, reproduction or dissemination of this transmission is strictly prohibited. If you are not the intended recipient, please immediately *notify* the sender by reply e-mail or phone and *delete* this message and its attachments, if any.


Page 74 June 17, 2014

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Page 75 June 17, 2014






1

RESOLUTION NO. 2014-29

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE WESLACO HEALTH FACILITIES DEVELOPMENT CORPORATION.

WHEREAS, in accordance with the Health Facilities Development Act, Article 1528j, Vernon’s Texas Civil Statues (the “Act”) the City Commission (The Governing Body) herby finds and determines that a health facilities development corporation be authorized and created, with such health facilities development corporation to be known as the “Weslaco Health Facilities Development Corporation”; and WHEREAS, the purpose of this board is to promote new, expanded or improved health facilities in order to assist the maintenance of the public health and the public welfare; and WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this board will hold office for a term of no more than six years; and WHEREAS, the Weslaco Health Facilities Development Corporation members shall serve without compensation. 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 Weslaco Health Facilities Development Corporation which will expire no later than February 19th, 2019. PASSED AND APPROVED on this 17th day of June 2014.

CITY OF WESLACO ___________________________________

David Suarez, MAYOR

ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY


Page 76 June 17, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Henry Revocable Trust by Mary Hausenfluck. Subject: Discussion and consideration of the Final Plat of Henry’s Corner Subdivision – being a 1.704 acre tract of land out of Farm Tract 190, West and Adams Tracts Subdivision, Hidalgo County, Texas. Discussion: The proposed one (1) lot subdivision is outside the City of Weslaco and is located on the southwest corner of Mile 5½ West Road and Mile 11 North Road. This subdivision is being serviced with water by North Alamo Water Supply Corporation through a six inch waterline. Sewer service is being provided by septic tanks. The property is within a Flood Zone “X”. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) 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: 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): Planning & Zoning Commission, 06/04/2014, recommends approval of the final plat with a sidewalk requirement and a sanitary sewer variance. Recommendation for Commission Action: Staff recommends approval of the final plat Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Subdivision Platting, Engineering, Public Facilities, Fire Marshal’s comments, drainage report and sewer variance letter. Responsibilities upon Approval: Planning staff will advise applicant.



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Page 85 June 17, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): CMO Subject: 2014 Interlocal Agreement with the County of Hidalgo for CDBG Discussion: Discussion and consideration to approve the 2014 Interlocal Agreement with the County of Hidalgo for the implementation of the Community Development Block Grant (CDBG) under Grant No. B-13-UC-48-0501 setting the City’s allotment at $302,528.00 for activities to be carried out in the City’s jurisdiction, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Funding Source (budget code, if applicable): Department of Housing and Urban Development/Urban County Amount: $ Term of Impact: #[ 4 ]

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: 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: Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Please have Mayor, City Commisisoners, City Manager, City Secretary sign the Code of Conduct. Responsibilities upon Approval: Return to Grant Office with Certificate of Minutes



Page 86 June 17, 2014


Page 87 June 17, 2014

1

2014 INTERLOCAL AGREEMENT STATE OF TEXAS §

§ COUNTY OF HIDALGO § This Interlocal Agreement made and entered into by and between the County of Hidalgo, a political subdivision of the State of Texas, hereafter referred to as the “County” and the City of Weslaco, a municipal corporation under the laws of the State of Texas, hereafter referred to as “City”.

WITNESSETH

WHEREAS, the Department of Housing and Urban Development made a Determination of Essential Powers on November 16, 1987 which depicts Hidalgo County as having the “essential powers” to carry out community renewal and lower income housing assistance in the County, and WHEREAS, the Department of Housing and Urban Development formally allocated $7,581,120.00 of Fiscal Year 2014 Community Development Block Grant (CDBG) Funds under Grant No. B-14-UC-48-0501 to County, and WHEREAS, the City and County have entered into a Cooperation Agreement which allows the County to use the City’s population as the basis for qualification as an Urban County, and WHEREAS, both the County and the City need to set out basic administrative understandings for the proper expenditure of CDBG funds as set out in 24 CFR.570 and other related federal rules and regulations as they apply to Subrecipients. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the County and the City do mutually agree as follows:

SECTION I Rules and Regulations

The City agrees to cooperate with the County in respect to the implementation of CDBG activities to be carried out in the City’s jurisdiction as per 24 CFR 570 and other rules, regulations and decisions as may be made by the Department of Housing and Urban Development or any other federal or state agency that may legally exercise its jurisdiction over expenditures of CDBG funds. Both City and County agree and understand that the County is the grantee for the CDBG funds and the City is subject to all rules and regulations governing Subrecipients under 24 CFR 570.


Page 88 June 17, 2014

2

SECTION II Applicability of Uniform

Administrative Requirements

The County understands that it is responsible for the maintenance, retention, accessibility and public disclosure of all records, expenditures and files as may be promulgated for the administration of CDBG funds and as may be required by 24 CFR 570 and the “Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments.” (24 CFR Part 85) or any variation as may be approved by HUD The City agrees to work with the County to make available all data, information and records as may be necessary for the proper accounting of all CDBG expenditures and activities. A description of City and County responsibilities can be found in Exhibit B Matrix. City agrees to make all records available to the County and shall not be the custodian of any official records or information. City agrees to comply with OMB Circular No. A-87, “Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally Recognized Indian Tribal Governments,: OMB Circular A-133, “Audits of State and Local Governments” (implemented at 24 CFR Part 44) and with the following sections of 24 CFR Part 85 “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government”:

(1) Section 85.3, “Definitions”; (2) Section 85.6, “Exceptions”; (3) Section 85.12, Special grant or subgrant conditions for “high-risk “grantees”; (4) Section 85.20, “Standards for financial management systems,” except paragraph (a); (5) Section 85.21, “Payment,” except as modified by SS570.513; (6) Section 85.22, “Allowable costs”; (7) Section 85.26, “Non-federal audits” (8) Section 85.32, “Equipment,” except in all cases in which the equipment is sold, the proceeds shall be program income; (9) Section 85.33, “Supplies”; (10) Section 85.34, “Copyrights”; (11) Section 85.35, “Subawards to debarred and suspended parties”; (12) Section 85.36, “Procurement,” except paragraph (a); (13) Section 85.37, “Subgrants”; (14) Section 85.40, “Monitoring and reporting program performance,” except paragraphs (b)-(d) and (f); (15) Section 85.41, “Financial Reporting.” except paragraphs (a), (b), and (e); (16) Section 85.42, “Retention and access requirements for records”; (17) Section 85.43, “Enforcement”; (18) Section 85.44, “Termination for convenience”; (19) Section 85.51, “Later disallowances and adjustments”; and (20) Section 85.52, “Collection of amounts due.” Not withstanding the requirements of OMB Circular A-133; the City agrees to submit a yearly Certified City Financial Audit regardless of the dollar amount expended in that fiscal year in the time and manner prescribed by the County.


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SECTION III Other Program Requirements

The City agrees to comply with “Other Program Requirements” as listed in Exhibit D (24 CFR 570.600-611) except for the environmental responsibilities outlined at 24 CFR 570.604 and the review process under Executive Order 12372.

SECTION IV Allocation

The City understands that the Urban County allocation has been set at $7,581,120.00 for Fiscal Year 2014 and that City’s allotment has been set at $302,528.00 The City agrees to cooperate with the county in the expenditure of these funds for the activities so described in Exhibit A of this Agreement ant that Exhibit A is an integral part of this Agreement. The City further agrees to inform the County on any changes in scope, funding or location of the activities listed on Exhibit A prior to executing any change. Any changes proposed by City must be approved by the County in reference to eligibility, program compliance and citizen participation requirements. City and County mutually agree that the City shall have four (4) fiscal years to properly expend or cause to be expended, according to all applicable rules and regulations, all funds allocated to it in Fiscal Year 2014. In consideration for the same, the City agrees not to have more than 1.5 times its annual allocation in its line of credit by April 30, 2015. Funds in excess of the 1.5 standards shall be subject to the Recapture Policy of the Urban County Program. The County shall recapture any and all unobligated funds that a City fails to expend or obligate by June 30, 2014 and shall expend such unobligated funds as it may deem appropriate.

SECTION V Access

The City and County both agree to give the Department of Housing and Urban Development, the Inspector General, the Comptroller General of the United States, or any of its authorized representatives, access to and the right to examine, excerpt and transcribe all books, accounts, records, reports, files and other papers, things, or property belonging to or in use by the City or County for a period as such records are legally required to be maintained by the City or County.

SECTION VI Monitoring

The County reserves the right to carry out regular and periodic field inspections to ensure compliance with the requirements of this Agreement. City shall attend a compliance seminar after the award of funds and prior to the first draw. After each monitoring visit, County shall provide City with a written report of the monitor's inspection. If the monitoring report finds deficiencies in City's performance under the terms of this Agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by City. Failure by City to take action as specified in the monitoring report may be cause for suspension or termination of this Agreement, as provided in Section XIV of this Agreement.


Page 90 June 17, 2014

4

SECTION VII Conflict of Interest

In compliance with 24 CFR 611, the City and County both covenant that no member of their respective governing bodies nor any staff member who exercises influence on the decision making process, presently has or will have any interest, direct or indirect, with any person, corporation, company or association that is hired to carry out any of the activities so listed on Exhibit A or will receive federal assistance from any activity. The City and County both agree that no person who is an elected official, employee, consultant, or agent of the City or County shall gain any interest in any corporation, company, or association that is hired to carry out any of the activities so listed in Exhibit A during their tenure or for a period of one year thereafter. No City or County employee, elected official, consultant and/or agent shall solicit nor accept gratuities, favors, or anything of monetary value from any person, corporation, company, or association that has been hired or expects to be hired to perform any of the activities so described on Exhibit A. Code of Conduct Certification attached to this agreement must be signed by elected officials, employees, consultants, or agents to the City. (See attachment A-1)

SECTION VIII

Religious Activities The City and County both agree that none of the funds expended or activities undertaken shall be used in support of any sectarian or religious activity, nor shall any building or structure funded under this program be used for sectarian or religious activities.

SECTION IX

Real and Property Assets The City and County agree that any property, real or personal, duly acquired with CDBG funds allocated to City shall become property of the City and shall be afforded the same maintenance and protection as other City property. City and County further agree that any real or personal property acquired shall be done in accordance with 24 CFR 570.606, 24 CFR 85 and/or any other federal rules or regulations as may apply. City agrees not to purchase any real or personal assets unless so permitted by the County and such procurement shall be done in accordance with 24 CFR 570.606, 24 CFR 85 and/or any other federal rules or regulations as may apply. The City agrees to maintain any real or personal asset in a prudent manner so as to ensure its useful life and to protect the federal government’s interest in such real or personal asset from the perils of fire, storm, flood or theft through insurance coverage in the amount as may be deemed prudent by County. Failure to secure such protection shall be cause for termination of this agreement. Any asset acquired or improved in part or in whole with CDBG funds must be used in an activity that is eligible and meets one of the national objectives listed in 24 CFR 570.208. Any asset acquired or improved in part or in whole with CDBG funds in excess of $ 25,000 must be used for the CDBG activity so planned including the beneficiaries of such use. Any change in use or


Page 91 June 17, 2014

5

beneficiaries must be subject to the citizen participation requirements and approved by the County. Should any use of an asset not qualify as meeting one of the national objectives or is not an eligible use under 24 CFR 570.200, the City shall reimburse the County the amount of the current fair market value of the asset less any portion thereof attributable to expenditures of non-CDBG funds in the acquisition or improvement of the asset. The above requirements attributed to assets over $25,000 shall remain in force for a period of five years after the final closeout of the County’s participation in the Urban County Program. The disposition of any asset improved or acquired in part or in whole with CDBG funds by the City must be done with prior approval of the County and the County shall be reimbursed for the asset, if sold, in the full amount of the disposed value of the asset. The County may, at its option, request that such asset be transferred to the County if the asset is no longer being used to meet one of the national objectives or in any case where the City no longer uses the asset for its intended use.

SECTION X Jurisdiction

The City and County agree to accept the jurisdiction of the Department of Housing and Urban Development in matters relating to the proper administration of programs and the proper expenditure of CDBG funds. The City and County agree that the County is responsible for the proper administration of programs and the proper expenditure of CDBG funds and recognize that the County will be responsible for audit or programmatic findings or exceptions made by the HUD or any other agency that may exercise jurisdiction over HUD or any other agency that may exercise jurisdiction over HUD funds or programs. In cases of an audit finding or exception based on action or inaction, representation or misrepresentation of the City, the City agrees to resolve such audit finding or exception for and on behalf of the County. Remedial actions that may be taken for the resolution of an audit finding or exception are defined in 24 CFR 570.910 and include the withholding of funds to the City for any outstanding finding(s) or exception(s). (See Exhibit-E) The City understands and agrees this Interlocal Agreement shall remain in full force and effect until the Department of Housing and Urban Development has closed this Program Year (B-14-UC-48-0501) and accepted any resolutions to any and all audit or programmatic finding(s) or concern(s).

SECTION XI Payment Requests and Program Income

The City agrees to follow administrative directions from the County in the areas of documenting and processing payment requests. The City further agrees to allow the County to make all payments and to account for all program income from any of its CDBG activities that may generate program income as outlined in this Section. The City and County agree that program income generated from any approved CDBG project shall be retained by the City as long as such City provides the County by the 15th of each month, an accounting as may be required by the County of program income earned, retained, and


Page 92 June 17, 2014

6

expended by the City. The City shall be allowed to use the program income for the same or similar activities as generated the program income. Failure of the City to report program income as required shall cause the County to require all program income to be recovered by the County.

SECTION XII Section 108 Loan Guarantee

County and City both agree that they may implement certain eligible activities as outlined in 24 CFR 570.703 with loan funds from the Section 108 Loan Guarantee Program as described in 24 CFR 570.700-709 approved and adopted November 6, 1991 (Vol. 56, No. 215 Federal Register). The County and City will be allowed to submit an application for such funds per funding year in an amount less than three times its current allocation. Should the City or County submit more than one application during any combination of years, the cumulative amount of loan funds requested shall not exceed the total amount of five years of the current allocation. The City agrees that it will bear the full expense of obtaining Section 108 financing for the period of the repayment of Section 108 funds. The County and City agree that they will maintain a legal binding relationship with each other under the terms of this Agreement and all previously signed Cooperation Agreement if the City wishes to participate in the Section 108 Loan Guarantee Program for the full term of the Section 108 Loan Agreement. The City agrees to pledge its current and future CDBG allocation and other security consideration as may be required, depending on the project risk, as security for the Section 108 Loan and such security pledge shall not bind or affect other cities’ allocation in the Urban County Program. Such legal binding relationship and security pledge shall remain in full force and effect for the full term of the Section 108 Loan Guarantee agreement and this agreement shall survive for the term of the Section 108 Loan. Details of any current Section 108 loan are included herein as Exhibit C, if applicable.

SECTION XIII Legal Action

The City agrees to notify the County when a problem arises that may lead to any legal action or claim against the City and/or County. The City agrees to furnish to the County any information with respect to such action or claim. The City agrees not to take any action with respect to any legal matter or claim sought against the City and/or County without advice and consent of the County.

SECTION XIV

Suspension and Termination

City understands that this agreement may be suspended or terminated in accordance with 24 CFR 85.43 if the City materially fails to comply with the provisions of this agreement or the provisions so listed on Exhibits A through E. Termination for convenience may be implemented in accordance to the provisions listed in 24 CFR 85.44.


Page 93 June 17, 2014

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SECTION XV Changes or Amendments

The City agrees to notify the County on any changes or amendments that it may desire or need to carry out the CDBG program in its area. All changes or amendments must first obtain approval from the County prior to implementation. All changes or amendments must conform to all federal rules and regulations applicable to the CDBG program.

SECTION XVI Essential Powers

The City agrees that the County has the essential powers to implement any aspect of those activities identified in the 2013 – 2017 Five-Year Consolidated Plan & Strategy inclusive of specific projects identified in the annual One-Year Action Plan and subsequent amendments. The City further agrees to allow the County the authority to initiate, undertake and implement said projects within its jurisdictional boundaries without further notice to City by County for all projects identified in the 2013 – 2017 Five-Year Consolidated Plan & Strategy, Annual Action Plan and subsequent amendments to the Plans herein incorporated by reference.

Approved and signed this Day of , 2014.

ATTEST: Arturo Guajardo, Jr. Ramon Garcia, County Clerk Hidalgo County Judge

ATTEST: City Secretary Mayor

Date Approved by: Stephen L. Crain

May 24, 2013


Page 94 June 17, 2014

8

The following Exhibits are incorporated into the 2014 Interlocal Agreement:

Exhibit A 2014 Proposed Activities Exhibit A-1 Code of Conduct Enforcement Exhibit B Urban County Program Matrix Exhibit C Section 108 Loan Guarantee Program Exhibit D Other Program Requirements Exhibit E Audit Finding or Exceptions Exhibit F Public Service Exhibits


Page 95 June 17, 2014

9

Exhibit A 2014 Proposed Activities


Page 96 June 17, 2014

10

2014 WESLACO

$302,528.00

21A Exempt 58.34(a)(3)

GENERAL PROGRAM ADMINISTRATION Funds shall be used for expenses related to compliance with CDBG requirements including but not limited to advertisements, postings and coordinating project activities and related eligible activities. Location: 255 S. Kansas Street.; Weslaco, TX

$5,000.00

03J Cat. Excl. Not Subj. to: 58.35 (b) (7)

WATER/SEWER IMPROVEMENTS Project consists of the continuation of the 2013 project which includes the installation of water lines and sewer lines and related street resurfacing improvements including but not limited to professional engineering services, geo-technical and construction material testing services, and advertisements as they pertain to project completion. All lines will be installed in the alleys between main roads of Calle Del Cedro, Calle Del Pino, Missouri Avenue and Texas Blvd. Location: 1) Alley: between Calle del Cedro and Calle del Pino from Railroad to Los Torritos St. 2) Alley between Calle del Pino and Missouri between Rail Road to Los Torritos 3) Alley between Texas and Missouri Avenue from First St. to Los Torritos Census Tract(s): 224.00 (01-03) Beneficiaries: 1727

$253,218.00

03F Environmental Assessment 58.36

PARK, RECREATIONAL FACILITY IMPROVEMENTS Project consists of improvements to Cavazos Park, includes but is not limited the purchase and installation of loose fill rubber mulch to be placed around the playground structures for safety purposes, installation of basketball backboards, construction of concrete sidewalks. Project will also include advertisements, material testing fees and related appurtenances as they pertain to project completion. Engineering will be incurred by the City of Weslaco. Location: 400 S. Hidalgo St.; Weslaco, TX Census Tract(s): 224 (1) Beneficiaries: 783

$44,310.00


Page 97 June 17, 2014

11

Exhibit A-1 Code of Conduct Certifications


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No employee, officer or agent of the County of Hidalgo-Urban County Program, sub-grantee or subrecipient shall participate in selection or in the award or administration of a contract or conduct business with a vendor if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: A. the employee, officer or any agent B. any member of his immediate family C. his or her partner D. an organization which employs or is about to employ, any of the above,

has a financial or other interest in the firm selected for award. The Urban County Program's , sub-grantee or subrecipient, officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements, or vendors or potential vendors. Depending on gravity, violation of this Code of Conduct could result in dismissal, probation or suspension of officers, employees or agents involved or termination of contractual agreements with subrecipients. Non-disclosure Policy No disclosure of verbal or written price quotations shall be made

by any Urban County Program employee, sub-grantee or subrecipient. Violation of the nondisclosure policy shall be subject to disciplinary action as provided by the County of Hidalgo or termination of contractual agreements when a subrecipient/sub-grantee employee is involved.

Personal Interest No member of the Hidalgo County Commissioners or any officer

or employee of the Urban County Program, sub-grantee or subrecipient shall have a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract or in the sale to the Urban County Program, sub-grantee or subrecipient or to a contractor supplying the Urban County Program, sub-grantee or subrecipient of any land or rights or interest in any land, material, supplies, or services, or in any matter in which he acts for the Urban County Program. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the Urban County Program, sub-grantee or subrecipient found guilty shall thereby forfeit his or her office. Any violation of this section with the knowledge, express or implied, of the person or corporation contracting with the Urban County Program, sub-grantee or subrecipient shall render the contract voidable by the Urban County Director or the board of Commissioners.

Employee, Officer, or Agent Acknowledgment Print or Type Name and Position/Title Entity/Organization Name Date

CODE OF CONDUCT

Exhibit A-1 Revised April 2012


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Exhibit B Urban County Matrix

Pre-Bid Activities

Development of Annual Workplan This activity is a city responsibility with the county involvement only as is necessary to assure that the individual activities meet one of the three national objectives. Revisions or Amendments to Annual Workplan Same as above (only two amendments allowed per fiscal year) Eligibility Test on Activities This is a county responsibility working with the cities to assure all activities meet one of the three national objectives. The County will assure that the 51 percent benefit to low and moderate income persons can be verified and that the activities are eligible for funding. The county may request an eligibility determination from HUD should a difference of opinion arise between the City and the County. Public Hearings This responsibility will be a shared responsibility between the Cities and the County. In accordance with the adopted Citizen Participation Plan, the Cities will conduct a public hearing in their respective Cities after public notice. The County will then have a second public hearing at the County level on the county-wide workplan, after public notice. Environmental Assessment This is a County responsibility with concurrence and assistance by the Cities. The County will determine what level of clearance is needed and will do noise, hazard, historical, floodplain, etc. assessments as may be needed with as much city input as possible. The County Judge will consider the “do nothing” alternative after consultation with the respective Mayors. The County Judge and or UCP Staff will direct all mitigation efforts if necessary. The County Judge will sign all environmental assessment reviews and findings. (A County Signatory may be appointed: UCP Director) Advertise for Professional Services This is a County responsibility whereby the County will advertise once a year for all professional services through a statement of qualifications process. The County will provide all data concerning proposed activities and type of services needed. This list will be sent to all Cities so that the Cities may decide on the professional services as they see the need for the services. Should a city need services not available from the list (UC-1 List) of Professional Services, the City shall advertise for the service after consulting with the Urban County Program staff.


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Selection of Professional Services Provider This is a City and County shared responsibility, based on the Texas Local Government code and other applicable laws and regulations. County will make sure that the provider is not a contractor’s debarred list by consulting with the System for Award Management (SAM) website (www.sam.gov), prior to recommendation for awarding a contractor to Hidalgo County Commissioner’s Court. Execute Professional Contracts The City will negotiate the Professional Service Contract, and submit a Best and Final Offer (BAFO) along with Scope of Services, Project Cost Estimate, Certificate of Debarment, CIQ Form and IRS W-9 Form. The County will prepare the Professional Contract Agreement documents and submit to Hidalgo County Commissioner’s Court for approval of contract. Any modifications to the County contracts require prior approval of the County Legal Department. Once approved, the County will forward the contracts to the Professional Service Provider for proper signatures, they will return to the County for the County’s execution and County will issue Notice to Proceed. Review of Preliminary Drawings This is a city responsibility. Solicit Davis-Bacon Wage Rates This is a County responsibility. The County will obtain wage rates from HUD for specific projects and will forward wage rates to the respective Cities and the Professional Service Provider to include in the bid specification packages. Review and Approval of Final Plans and Specifications This is a City responsibility where by the Mayor’s signature will be required on all plans and specifications prior to bidding. Final plans should be forwarded to Urban County Program office prior to bid advertisement for compliance check. Advertise for Construction Bid This is a County responsibility. The County will advertise for all construction projects and will instruct bidders as to the availability of plans and specs, (to be picked up at Professional Service Provider’s choice of location), and will advise bidders as to who will accept bids. (Hidalgo County Purchasing Department – any given Wednesday at 9:30am) Pre-Bid Conference This is a County responsibility. County will conduct a pre-bid conference if necessary at the Urban County program Conference Room, accompanied by the Professional Service Provider and the project’s respective City.


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http://www.sam.gov/

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Bid Activities Ten Day Wage Rate Check This is a County responsibility. Ten days prior to any bid opening, the County will ascertain as to the applicability of the wage rate in the bid documents. Should the wage rate change all appropriate engineers will be notified and instructed to change wage rates. Accept Construction Bids This is a County Purchasing Department responsibility. The Hidalgo County Purchasing Department will accept bids as per the conditions set forth in the specification handbook. Accept and Tabulate Bids This is a County Purchasing Department responsibility with an Urban County, City, and Professional Service Provider representative at bid opening. The respective Professional Service Provider will review the bids received and make their recommendation to the Urban County Program. Research Apparent Low Bidder This is a shared responsibility. The respective Professional Service Provider will research and review apartment low bidder’s past performances and their bids. The Urban County program will research the list of Debarred Contractor’s and make a finding in the regard. Bid Recommendation This is a City responsibility. The respective Professional Service Provider will recommend the lowest and most responsible bid to the City. The city will send a recommendation to the County. County will request approval by Hidalgo County Commissioner’s Court for approval of contract. Contract Award The County upon approval by Hidalgo County Commissioner’s Court will prepare the contract documents and forward them to the approved Contractor for execution.

Pre-Construction Activities Construction Contract and Bonds This is a shared responsibility. The Professional Service Provider will coordinate the execution of construction contracts to include Insurance, Payment and Performance Bonds. Once they receive four (4) original set of construction contracts they will submit to the County for execution. Any modifications to the construction contracts require prior review by Legal Department and approval by Hidalgo County Commissioner’s Court. Pre-Construction Conference The Urban County Program will conduct a Pre-construction conference to inform the contractor of the various federal regulations such as Affirmative Action, Section 3 Compliance, and Davis-Bacon Wage Compliance. The Pre-construction conference will be held at the Urban County


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Program Conference Room, with the city and professional service provider representatives present. Once contracts are signed, County will prepare and issue a Notice to Proceed. Document Posting and Construction Signs This is a shared responsibility. The city and Professional Service Provider will ensure itself that the appropriate documents are posted at the site and that the construction sign is erected.

Construction Activities Davis-Bacon Compliance This is a shared responsibility. The City may be asked to conduct wage rate employee interviews. The County will conduct wage rate interviews and review wage rates on payroll reports submitted with request for payments. Periodic Project Inspections This is a shared responsibility. The City, County, and Professional Service Providers will conduct periodic site inspections of the project site. Payment Request Approval This is a shared responsibility. The Professional Service Provider will review and sign off on request for payments and forward RFP to the City for signature and approval, and forward the final RFP to the County for review and approval of payment. Change Orders This is a shared responsibility. Professional Service Provider will recommend any change orders after negotiating said change order with the contractor. All change orders must have City’s approval prior to submission to County for review and approval. Contract Amendment This is a shared responsibility. The City will recommend any contract amendments to the County. County will consider and take appropriate action to approve or deny the contract amendment if necessary. Final Payment Approval This is a shared responsibility. The City and Professional Service Provider will conduct final project site inspections to ensure that construction has been completed as per plans and specifications prior to submitting final request for payment recommendation to the County. County will ensure that all applicable laws and regulations have been complied with. County will review wage rate compliance, release of liens, certification of construction completion, warranty certification and other pertinent documents.


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CSO1406


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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Authorize Purchase of Rebuilt Modules and UV Lamps for the SWWTP Discussion: Discussion and consideration to ratify the emergency purchase in the amount of $45,830.00 for Module Repair and installation of Ultraviolet (UV) Lamps at the City of Weslaco South Wastewater Treatment Plant from Radiant Industrial Solutions, Inc. and authorize the Mayor to execute all related documents and budget amendments as may be required. Funding Source (budget code, if applicable): 58-552-2634 Amount: $ 45,830.00 Term of Impact: #[ 1] year(s) Identified in Current Budget: 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: 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”): Radiant Industrial Quote No. 90547 R1 Responsibilities upon Approval: Upon approval, City Secretary’s office will forward a copy to the Public Utilities Department.



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Radiant Industrial Solutions, Inc. Quotation Providing Disinfection Solutions and Services

Phone: 713-972-0196

Email: [email protected] Web: www.radiantuv.com

10801 Kempwood Dr., Suite 1 Quotation

Houston, TX 77043 Page 1 of 2

To: Trinidad Cantu City of Weslaco, TX

Date: June 11, 2014

Radiant Quote Number: 90547 R1

Proposed Shipping Date: 6-8 weeks ARO

Terms: 50% Down 25% Due at Shipment 25% Net 30

FOB: Houston, TX

To Be Shipped Via: Freight

Model RWS-40RFB

Aquaray 40 Module Repair In this proposal, we offer the ability to upgrade your existing ultraviolet system

Based on application discussions and long-term goals we are offering you a Ultraviolet

Module only upgrade. Additional upgrades and support are available upon request.

With this in mind we offer the following:

Module Cabinet

The rehabilitation process of the existing system will require the existing modules to

be rebuilt. The modules in place will work and do not need to be replaced; however the internal system to the

module will be replaced. Existing Module cabinet configuration

Current Module : Aquaray 40 Module

Current Lamps : Standard output, Aquaray harness

Lamp quantity : Forty

Rebuilt Module Configuration

The rebuilt system will utilize the same module body to retain fit and system

configuration without change to physical structure.

Module : Modified, same body for fit and form

Lamps : Replacement, configuration equal

Lamp quantity : Forty

Quartz : Replacement, configuration equal

Quartz quantity : Forty

Controls : LCA, replaced with rebuilt unit

Controls : DCA, replaced with rebuilt unit

Power : All ballast replaced

Power : new connections, same design

Sensor : not included


Page 105 June 17, 2014

http://www.radiantuv.com/

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&docid=DESUlXs9k1lxtM&tbnid=Ce8GLGMeom_PsM:&ved=0CAUQjRw&url=http://www.themonitor.com/mvtc/community/weslaco-finalizes-annexing-disputed-mercedes-properties-and-controversial-lollipops/article_aebd8266-bb6e-11e3-85cd-001a4bcf6878.html&ei=bnp_U8Mk54XyAe3igaAB&bvm=bv.67720277,d.b2U&psig=AFQjCNHo4speMgJCKUme8QvmaDVUB5NW3w&ust=1400949732974292

Radiant Industrial Solutions, Inc. Quotation Providing Disinfection Solutions and Services

Phone: 713-972-0196

Email: [email protected] Web: www.radiantuv.com

10801 Kempwood Dr., Suite 1 Quotation

Houston, TX 77043 Page 2 of 2

UV Sensor

The rebuild will include the addition of a two sensors to be put on the leading modules

per bank.

Power and Air

The system power supply cord will be replaced for safety and electrical compliance

The system air intake port will be replaced, this does not include the system air supply

hose as the connections on the customer connection side may vary. This can be added

with further details.

The system is offered complete as follows:

Plant Site Main

One not included – existing panel will be used

Four Modules (using existing modules for build out)

The pricing of this offering:

Qty. Item Unit Price US$ Total Price US$

4 Rebuilt Modules $10,645.00 $42,580.00

160 Quartz Sleeves $18.00 $2,880.00

160 UV Lamp $20.50 $3,280.00

2 UV Sensors $1,625.00 $3,250.00

4 Installation Services $1,375.00 $5,500.00

2 Travel $750.00 $1,500.00

1 System start-up training Included Included

Sub-total $58,990.00

1 Package / Terms Discount Discount $13,160.00

Total Purchase $45,830.00

NOTES TO PRICING: We have included all lamps, quartz, installation, and travel.

We have based this on a single trip to site to service and update plant non-working modules.

The pricing listed utilizes the customer modules in an exchange program for the new

configuration, further details available upon request.

All items quoted are protected by a one year warranty

It is suggested this system to be hand delivered– this service is optional

The equipment proposed has been quoted as a standard product offering, FOB Radiant

Industrial Solutions, EX Work. Freight and taxes are separate.

QUOTE VALID FOR 30 days.Please reference Radiant Quote Number on all Purchase Orders and

correspondence.

Thank you for this opportunity to serve your Ultraviolet needs. Sales Management


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Documents

14 06 17 agenda supplements