14 07 15 agenda supplements

CSO1406

Date of Meeting: July 15, 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 Art Beckwith of RGV Fellowship Church will give the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll.

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 July 15, 2014

ewalker

Typewritten Text

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



CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Maximo Saenz. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 2112 W. Pike Blvd., also being 8.647 acres out of Farm Tract 152, West and Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-2 Secondary and Highway District. Discussion: The applicant is requesting to rezone this property from “R-1 One Family Dwelling District” to “B-2 Secondary and Highway District Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ X ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] 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: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on June 23, 2014. Seven (7) property owners within 200 feet of the applicant’s property were notified by letter on June 20, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): See attachment for Planning & Zoning Commission recommendation. Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.




CSO1406


Agenda Item No. (to be assigned by CSO): III. B & VI. 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 Hot Wells Investments, Ltd. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 3827 E. Expressway 83, also being Adams Tract an IRR TR N32.61’-E55.83’ 0.02AC NET, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-2 Secondary and Highway District. Discussion: The applicant is requesting to rezone this property from “R-1 One Family Dwelling District” to “B-2 Secondary and Highway District Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ X ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] 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: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on June 23, 2014. Three (3) property owners within 200 feet of the applicant’s property were notified by letter on June 20, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): See attachment for Planning & Zoning Commission recommendation. Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.





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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 100 South Cedro Street, also known as Lot 1, Block 4, Weslaco Original Townsite Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner




ewalker

Typewritten Text


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 110 North Pino Street, also known as Lot 5, 6, Block 15, Northside Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner





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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 111 North Cantu Street, also known as Lot 9.10, Block 11, Ramona Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner





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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 111 South Palmas Street, also known as Lot 11, Block 4, Weslaco Townsite Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner





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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 112 South Missouri Street, also known as Lot 7, Block 2, Weslaco Original Townsite Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner





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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 127 South Garza Street, also known as Lot 20, Block 2, Paloma Addition Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 10 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. I & VI. U

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 230 North Pino Street, also known as Lot 1, Block 10, Northside Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 11 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. J. and VI. V.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 414 North Kansas Avenue, also known as Lot 8, Block 5, Gonzalez Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 12 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. K. and VI. W.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 509 South Texas Boulevard, also known as Lot 39-40, Block 42, Weslaco Original Townsite Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 13 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. L. and VI. X.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 600 East Los Torritos, also known as Lot 16, Block 6, Ramona Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to repair and remodel within 90 days. Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 14 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. M. and VI. Y.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 1301 East Davenport Street, also known as Lot18,19,20, Block 10 Davenport #1 Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 15 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. N. and VI. Z.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 2101 West Beaumont Drive, also known as Lot 9, Block 4, Expressway Heights Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 16 July 15, 2014


Page 17 July 15, 2014

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

A SPECIAL MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, MAY 27, 2014

On this 27th 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 Manager Leonardo Olivares

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

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 23, 2014.

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.


Page 18 July 15, 2014


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.


Page 19 July 15, 2014


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 motion 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,


Page 20 July 15, 2014


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 the Mayor and Commissioner Noriega opposed (5-2). *On July 15, 2014 the Commission approved an amendment to these minutes as previously adopted June 3, 2014 to correct the voice vote of the Mayor as entered.

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


Page 21 July 15, 2014


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 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 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.

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


Page 22 July 15, 2014

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

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, JULY 1, 2014

On this 1st day of July 2014 at 5:31 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: Juan Salas, IT Department; Bret Mann, Finance Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Interim Chief Sergio Ramirez, Police Department; David Arce, Park & Recreation Director; Interim Chief Chris Sanchez, Fire Department; Gloria Givilancz, Grants Compliance Coordinator; Oscar Garcia, Public Facilities Director 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, June 27, 2014.

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

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

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

II.

PUBLIC COMMENTS

There were no public comments received.


Page 23 July 15, 2014


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 Regular Meeting on June 17, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Approval of the Library Technology Plan for the term of July 1, 2014 – June 30, 2017, identifying a road map for technological development in compliance with ERate regulations. (Staffed by Library.) Attachment.

C. Approval of Resolution 2014-33 setting public hearing dates on the proposed annexations. (Staffed by Planning and Code Enforcement Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the consent agenda as presented. The motion carried with Mayor Suarez and Commissioner Noriega opposed (5-2). For the record, the Resolution reads as follows:

RESOLUTION NO. 2014-33

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 _28th day of July, 2014 at 5:30 p.m. and on the _29th day of _July, 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.


Page 24 July 15, 2014


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 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. PASSED AND APPROVED this the 1st day of July, 2014.

CITY OF WESLACO

/s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

IV. APPOINTMENTS


Page 25 July 15, 2014


A. Discussion and consideration to approve Resolution 2014-29 appointing one member to an unexpired term on the Weslaco Health Facilities Development Corporation, and authorize the Mayor to execute any related documents. Possible action. (Resignation accepted June 17; there was no action on the appointment. Staffed by City Manager’s Office.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve Resolution 2014-29 appointing Dr. Amparo Cardenas to an unexpired term on the Weslaco Health Facilities Development Corporation. The motion carried unanimously; Mayor Suarez was present and voting. At the request of the City Manager, the City Secretary confirmed an application for board service on file from Dr. Cardenas. For the record, the Resolution reads as follows:


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 Amparo Cardenas 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 the 1st day of July, 2014.

CITY OF WESLACO

/s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY


B. Discussion and consideration to approve Resolutions 2014-30 and 2014-31 appointing two members to expired terms on the Planning and Zoning Commission


Page 26 July 15, 2014


and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve Resolutions 2014-30 and 2014-31 reappointing Randy Summers and Juan Gonzalez to expired terms on the Planning and Zoning Commission. The motion carried unanimously; Mayor Suarez was present and voting. For the record, the Resolutions read as follows:

RESOLUTION NO. 2014-30 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PLANNING AND ZONING COMMISSION BOARD. WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances; and WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Randy Summers is appointed to serve on the Planning and Zoning Commission Board and this term will expire on 7th day of July, 2017. PASSED AND APPROVED on this the 1st day of July, 2014.


A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PLANNING AND ZONING COMMISSION BOARD. WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances; and WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Juan Gonzalez is appointed to serve on the Planning and Zoning Commission Board and this term will expire on 2nd day of July, 2017. PASSED AND APPROVED on this the 1st day of July, 2014.

CITY OF WESLACO /s/ David Suarez MAYOR

ATTEST:


Page 27 July 15, 2014


/s/ Elizabeth M. Walker, CITY SECRETARY


V. OLD BUSINESS

A. Discussion and consideration to place a Charter Referendum with the upcoming General Election to amend Single Member Districts to designate all at-large. Possible action. (There was no action on this item June 17, 2014; Requested by Commissioner Noriega and Mayor Suarez.) Commissioner Noriega, seconded by Commissioner Pena, moved to open discussion on this item. Commissioner Noriega delivered a PowerPoint presentation to review the Commission actions 2011-2012 regarding redistricting. The Mayor noted that map three as presented was the closest in population deviation with 6%; the map ultimately selected had the highest deviation. The Mayor Pro-Tem stated he prefers at-large offices, but respects the process of the petition filed and voted to establish single member districts. Commissioner Fox suggested a hybrid of at-large and single member districts; Commissioners Pena, Rivera, and Tafolla spoke in support of the single member district model for Weslaco. By roll call vote, the motion failed with Mayor Pro-Tem Cuellar and Commissioners Fox, Pena, Tafolla, and Rivera opposed (2-5).

VI. NEW BUSINESS

A. Discussion and consideration to select the best qualified, most advantageous consulting firm for the City of Weslaco Five Year Comprehensive Plan, authorize the City Manager to negotiate a professional planning and engineering services contract and authorize the Mayor to execute any related documents. Possible action. (There was no action on this item May 20, 2014; Staffed by Planning and Code Enforcement Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Fox, moved to table the item as presented until the next meeting. The motion carried unanimously; Mayor Suarez was present and voting.

B. Discussion and consideration to select the best qualified, most advantageous consulting firm for the Master Drainage Plan, authorize the City Manager to negotiate a professional engineering services contract for the Drainage Plan, and authorize the Mayor to execute any related documents. Possible action. (There was no action on this item May 20, 2014; Staffed by Planning and Code Enforcement Department.) Attachment.


Page 28 July 15, 2014


Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to table the item as presented until the next meeting. The motion carried unanimously; Mayor Suarez was present and voting.

C. Discussion and consideration to authorize final payments from Hidalgo County Urban County Program to JCON Construction LLC, Pay Application No. Two (Final), in the amount of $8,205.00 and to Alcocer Garcia Associates, Inc., Invoice No. Five (Final), in the amount of $912.50 for the Weslaco Public Library Restroom Renovations project and authorize the Mayor and/or City Manager to execute any related documents. Possible action. (Staffed by Public Facilities.) Attachment. The City Manager reported this $82,500.00 project is completed. 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 improvements to Harlon Block Sports Complex and authorize a budget amendment as appropriate. Possible action. (Requested by Commissioner Noriega and Mayor Suarez.) Attachment. Mayor Suarez, seconded by Mayor Pro-Tem Cuellar, moved to open discussion on this item. Commissioner Noriega requested a sprinkler system as well as a paved trail with asphalt to 9-feet wide at Harlon Block park. Commissioner Tafolla stated he would prefer to do a little work at all parks, than all at one; Commissioner Rivera inquired about the funding source. Mr. Mann stated the City could afford this project as estimated at $50,000.00 from the General Fund. Commissioner Fox requested a joint workshop with the Parks and Recreation Board to hear their recommendation on improvement priorities; Mayor Pro-Tem requested cost estimates for each proposed improvement. The City Manager reiterated he cannot support this item at this time but budget meetings commence next month and this may be funded as soon as October 1 after consideration of all budget proposals; he reminded the Commission and staff of the process that directives to personnel come from him. Mayor Suarez, seconded by Commissioner Pena, moved to authorize no more than $55,000.00 to pave 9-feet wide the walking trail at Harlon Block Sports Complex. The Mayor Pro-Tem made a point of order that he did not second the amendment though he did second the original motion. By roll call vote, the motion failed as follows: For - Mayor Suarez and Commissioners Noriega and Pena; Against – Mayor Pro-Tem as he believes the motion was not properly put to the Commission; Commissioners Tafolla, Rivera, and Fox stating they request all proposed parks improvements from the Advisory Board, cost, and funding source (3-4).


Page 29 July 15, 2014


Commissioner Fox, seconded by Mayor Pro-Tem Cuellar, requested a workshop with the Parks and Recreation Advisory Board followed by a Special Meeting next week to discuss proposed improvements.

VII. EXECUTIVE SESSION At 7:00 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 7:25 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 City Attorney regarding Cause No. CL-14-2697-B Juan J. Garcia, Sr. v. City of Weslaco in County Court At Law #2 of Hidalgo County pursuant to §551.071 of The Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, authorized counsel to file an answer regarding Cause No. CL-14-2697-B Juan J. Garcia, Sr. v. City of Weslaco in County Court At Law #2 of Hidalgo County. The motion carried unanimously; Mayor Suarez was present and voting.

B. Personnel – Discussion with the City Manager regarding a separation of employment agreement for City Attorney Ramon Vela as authorized by §551.074 of the Texas Government Code. There was no action on this item.

IX. ADJOURNMENT With no other business before the Commission, at 7:27 p.m. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to adjourn the July 1, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present and voting.



Page 30 July 15, 2014



_______

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


Page 31 July 15, 2014

Minutes of the Special Meeting of the Weslaco City Commission on July 8, 2014 Page 1 of 3

A SPECIAL MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, JULY 8, 2014

On this 8th day of July 2014 at 5:57 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: Juan Salas, IT Department; Bret Mann, Finance Director; Sonia Flores, Assistant Finance Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Chief Sergio Ramirez, Police Department; David Arce, Park & Recreation Director; Chris Sanchez, Fire Department; Oscar Garcia, Public Facilities Director; Veronica Ramirez, Human Resources Director; Gloria Givilancz, 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 Thursday, July 3, 2014.

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 perfect attendance.

II. PUBLIC COMMENTS

There were no comments received. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to take from its posted sequence items III. B, C, and D for immediate consideration. The motion carried unanimously; Mayor Suarez was present and voting.

III. NEW BUSINESS

B. Discussion and consideration to approve an Interlocal Agreement with Hidalgo


Page 32 July 15, 2014


County (Precinct 1) for the reconstruction and repaving of Border Avenue from Eighteenth Street (Mile 6 North) to Thirty-fourth Street (Mile 5 North) as 48% of the total project cost in an amount not to exceed $2,240,420.00, approve any necessary amendments to the professional services agreement with the engineer of record, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. The City Manager stated funding for this project already was programmed in the $7 million Certificate of Obligation as issued. Mr. Raul Lozano, on behalf of Precinct 1, stated this cost estimate includes engineering and survey; Mr. Hinojosa stated the engineering plans are 85% completed and estimated six months to break ground. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

C. Discussion and consideration to approve an Interlocal Agreement with Hidalgo County (Precinct 1) for the reconstruction and repaving of Eighteenth Street (Mile 6 North) from Airport Drive to Bill Summers International Boulevard (FM1015) as 42% of the total project cost in an amount not to exceed $2,364,000.00 and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. Mr. Lozano stated the County cannot commit its share of financing until a new Certificate of Obligation is released in September; however it can start preliminary Right-of-Way acquisition, which will take about eighteen months. Mr. Hinojosa estimated $250,000-300,000.00 additional City cost to relocate the utilities. Commissioner Noriega observed the project area may be within the annexation dispute area with Mercedes. Mayor Pro-Tem Cuellar and Commissioner Tafolla withdrew the motion. There was no action on this item.

D. Discussion and reconsideration to approve an Interlocal Agreement with Hidalgo County (Precinct 1) for the reconstruction and repaving of Joe Stephens Avenue from Votech Drive to Sugarcane Drive for cost share in materials in an amount not to exceed $132,689.00, approve any necessary amendments to the professional services agreement with the engineer of record, and authorize the Mayor to execute any related documents. Possible action. (Interlocal approved April 1, 2014; Staffed by Planning and Code Enforcement Department.) Attachment. Mr. Lozano stated the City pays 100% of the cost of materials, but the County provides all labor, with an estimated cost of $100,000.00 Mr. Mann stated funding for this project had been allocated in the 2013 Certificate of Obligation.


Page 33 July 15, 2014


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.

A. Discussion and consideration of the City of Weslaco Parks Master Plan to approve improvements prioritization and cost allocation and authorize a budget amendment as appropriate. Possible action. (Requested by Mayor Pro-Tem Cuellar and Commissioner Fox.) Mayor Pro-Tem Cuellar, seconded by Commissioner Noriega, moved to allocate $72,000.00 from the General Fund to improve two restrooms, one at City Park and one at Isaac Rodriguez park, in the amount of approximately $30,000/each, and install ten water fountains, four at City Park and six at Harlon Block Park. The motion carried unanimously; Mayor Suarez was present and voting.

IV. ADJOURNMENT With no other business before the Commission, at 6:30 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the July 8, 2014 special 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


Page 34 July 15, 2014


Page 35 July 15, 2014


Page 36 July 15, 2014


Page 37 July 15, 2014

Date of Meeting: May 20, 2014

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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer. Subject: Discussion and consideration to award the planning and engineering services contract for Comprehensive Plan to the best qualified, most advantageous bidder and authorize the Mayor to execute related documents. Possible action Discussion: Discussion and consideration to award the planning and engineering services contract for Comprehensive Plan to the best qualified, most advantageous bidder and authorize the Mayor to execute related documents. Possible action. 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: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: N/A



Page 38 July 15, 2014

Firms

Professional Qualifications of

Team (Max 20 pts)

Experience/Availability of Project Manager (

Max 30 pts)

Understanding of Project

(Max 40 pts)

Familiarity with Applicable Rules and Regulations (Max 10

pts)Total

Points

Halff Associates 18.6 23.6 32.0 9.8 84.0

Naismith Engineering, Inc 15.4 22.4 30.6 8.6 77.0

LeFevre Engineering & Management Consulting, Inc.

17.4 23.6 33.8 9.0 83.8

Peter J. Smith & Company, Inc 18.6 22.2 30.8 9.2 80.8

2014 Comprehensive Plan EvaluationAverage Staff Ranking


Page 39 July 15, 2014

Date of Meeting: May 20, 2014

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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer. Subject: Discussion and consideration to award the planning and engineering services contract for the Master Drainage Plan to the best qualified, most advantageous bidder and authorize the Mayor to execute related documents. Possible action. Discussion: Discussion and consideration to award the planning and engineering services contract for the Master Drainage Plan to the best qualified, most advantageous bidder and authorize the Mayor to execute related documents. Possible action. 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: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: N/A



Page 40 July 15, 2014

Firm

s

Prof

essi

onal

Q

ualif

icat

ions

of

Team

(Max

20

pts)

Expe

rienc

e/Av

aila

bilit

y of

Pr

ojec

t Man

ager

( Max

30

pts)

Und

erst

andi

ng o

f Pr

ojec

t

(M

ax 4

0 pt

s)

Fam

iliar

ity w

ith

Appl

icab

le R

ules

and

Re

gula

tions

(Max

10

pts)

Tota

l Po

ints

Halff

Ass

ocia

tes

17.7

22.3

33.0

7.7

80.7

CH2M

HILL

16.3

22.0

33.0

7.0

78.3

LeFe

vre

Engi

neer

ing

&

Man

agem

ent

Cons

ultin

g, In

c.

17.7

23.0

30.7

7.3

78.7

DOS

Logi

stic

s, In

c.11

.319

.328

.36.

765

.7

Mel

den

& H

unt,

Inc

15.3

21.7

31.3

7.0

75.3

TEDS

I In

fras

truc

ture

Gr

oup,

Inc.

18.0

22.0

33.0

7.7

80.7

Sigl

er, W

inst

on,

Gree

nwoo

d &

As

soci

ates

15.7

24.0

33.0

7.0

79.7

2014

Mas

ter D

rain

age

Plan

Eva

luat

ion

Staf

f Res

ult A

vera

ge


Page 41 July 15, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Maximo Saenz. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 2112 W. Pike Blvd., also being 8.647 acres out of Farm Tract 152, West and Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-2 Secondary and Highway District. Discussion: The applicant is requesting to rezone this property from “R-1 One Family Dwelling District” to “B-2 Secondary and Highway District Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ X ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] 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: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on June 23, 2014. Seven (7) property owners within 200 feet of the applicant’s property were notified by letter on June 20, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): See attachment for Planning & Zoning Commission recommendation. Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.



Page 42 July 15, 2014


Page 43 July 15, 2014


Page 44 July 15, 2014


Page 45 July 15, 2014


Page 46 July 15, 2014


Page 47 July 15, 2014


Page 48 July 15, 2014


Page 49 July 15, 2014

ORDINANCE NO. 2014-08 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 2112 W. PIKE BLVD., ALSO BEING 8.647 ACRES OUT OF FARM TRACT 152, WEST AND ADAMS TRACT SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 ONE FAMILY DWELLING DISTRICT” TO “B-2 SECONDARY AND HIGHWAY DISTRICT.” BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District,” 8.647 acres out of Farm Tract 152, West and Adams Tract Subdivision, 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 15th day of July, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this ______________ day of ______________, 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY


Page 50 July 15, 2014

CSO1406


Agenda Item No. (to be assigned by CSO): III. B & VI. 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 Hot Wells Investments, Ltd. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 3827 E. Expressway 83, also being Adams Tract an IRR TR N32.61’-E55.83’ 0.02AC NET, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-2 Secondary and Highway District. Discussion: The applicant is requesting to rezone this property from “R-1 One Family Dwelling District” to “B-2 Secondary and Highway District Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ X ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] 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: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on June 23, 2014. Three (3) property owners within 200 feet of the applicant’s property were notified by letter on June 20, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): See attachment for Planning & Zoning Commission recommendation. Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.



Page 51 July 15, 2014


Page 52 July 15, 2014


Page 53 July 15, 2014


Page 54 July 15, 2014


Page 55 July 15, 2014


Page 56 July 15, 2014


Page 57 July 15, 2014


Page 58 July 15, 2014

ORDINANCE NO. 2014-09 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 3827 E. EXPRESSWAY 83, ALSO BEING ADAMS TRACT AN IRR TR N32.61’-E55.83’ 0.02AC NET, HIDALGO COUNTY, TEXAS, FROM “R-1 ONE FAMILY DWELLING DISTRICT” TO “B-2 SECONDARY AND HIGHWAY DISTRICT.” BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District,” Adams Tract an IRR TR N32.61’-E55.83’ 0.02AC NET, 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 15th day of July, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this ______________ day of ______________, 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY


Page 59 July 15, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Apostolic Assembly of the Faith in Christ Jesus, Inc. Subject: Discussion and consideration of the Final Plat of the Re-plat of Apostolic Assembly Church Subdivision – being a 4-lot subdivision being all of Apostolic Church Assembly Church Subdivision being 10.00 acres of the south 20 acres of Farm Tract 115, Block 161, West Tract Subdivision, Llano Grande Grant, Hidalgo County, Texas. Discussion: The proposed four (4) lot subdivision is inside the City of Weslaco and is located west of F.M. 88 (Texas Blvd.), approximately 170 feet north of Austin Street. This subdivision will be serviced by the City of Weslaco with water through a 12 inch water line and sewer through an 8 inch sewer line. 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): See attachment for Planning & Zoning Commission recommendation. 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.



Page 60 July 15, 2014


Page 61 July 15, 2014


Page 62 July 15, 2014


Page 63 July 15, 2014


Page 64 July 15, 2014


Page 65 July 15, 2014


Page 66 July 15, 2014


Page 67 July 15, 2014


Page 68 July 15, 2014


Page 69 July 15, 2014


Page 70 July 15, 2014


Page 71 July 15, 2014


Page 72 July 15, 2014


Page 73 July 15, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Arnulfo Alaniz. Subject: Discussion and consideration of the Final Plat of the Re-plat of Lot 4, Pastor Estates No. 2 Subdivision – being a 2.734 acre tract of land being all of Lot 4, Pastor Estates No. 2 Subdivision, Hidalgo County, Texas. Discussion: The proposed two (2) lot subdivision is outside the City of Weslaco and is located on the east side of Mile 4½ West Road, ½ mile north of Mile 10 North Road. This subdivision will be serviced with water by North Alamo Water Supply Corporation through a 6-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): See attachment for Planning & Zoning Commission recommendation. 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.



Page 74 July 15, 2014


Page 75 July 15, 2014


Page 76 July 15, 2014


Page 77 July 15, 2014


Page 78 July 15, 2014


Page 79 July 15, 2014


Page 80 July 15, 2014


Page 81 July 15, 2014


Page 82 July 15, 2014


Page 83 July 15, 2014


Page 84 July 15, 2014


Page 85 July 15, 2014


Page 86 July 15, 2014


Page 87 July 15, 2014


Page 88 July 15, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Ismael Castillo. Subject: Discussion and consideration of the Final Plat of RSBR F.M. 1015 Subdivision – being 1.394 acres out of Farm Tract 1079, West & Adams Tracts Subdivision, Hidalgo County, Texas. Discussion: The proposed one (1) lot subdivision is outside the City of Weslaco and is located on the east side of FM 1015, approximately 150 feet north of Dove Street. This subdivision will be serviced with water by North Alamo Water Supply Corporation through an 8-inch waterline. Sewer service is being provided by septic tanks. The property is within a Flood Zone “AE”. Commercial development is being proposed. 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): See attachment for Planning & Zoning Commission recommendation. 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.



Page 89 July 15, 2014


Page 90 July 15, 2014


Page 91 July 15, 2014


Page 92 July 15, 2014


Page 93 July 15, 2014


Page 94 July 15, 2014


Page 95 July 15, 2014


Page 96 July 15, 2014


Page 97 July 15, 2014


Page 98 July 15, 2014


Page 99 July 15, 2014


Page 100 July 15, 2014


Page 101 July 15, 2014


Page 102 July 15, 2014


Page 103 July 15, 2014


Page 104 July 15, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Texas Cordia, LLC Subject: Discussion and consideration to approve Change Order No. 1 for the Detention Pond and Reconstruction of Sugarcane Drive from Mile 6 West to Mile 5 ½ West. Detention pond conditions have changed from the executed agreement with the Weslaco Independent School District. Discussion: Executed agreement with the Weslaco Independent School District (WISD) has an average detention pond depth of 12 inches. Field conditions require an average depth of 19 inches. Excavated soil will be disposed at an alternate site (Mario Ybarra Elementary) as agreed with the WISD. Funding Source (budget code, if applicable): Certificates of Obligation 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): N/A Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Change Order No. 1 Responsibilities upon Approval: Planning Director will advise engineer of record and contractor.



Page 105 July 15, 2014

ewalker

Typewritten Text

may be provided at meeting

1

Model Staff Report in Support of TGS COSA Rate Increase Ordinance

Background

On May 1, 2014, Texas Gas Service Company (“TGS” or “Company”) filed for a rate increase pursuant to the Cost of Service Adjustment (“COSA”) tariff adopted by the Rio Grande Valley Service Area (“RGVSA”) Cities. TGS claimed an entitlement to rate relief under the tariff in the amount of $790,772 on a system-wide basis, or $685,936 from incorporated areas. However, the Company asked for a waiver of the language in Section C.5 of the COSA based upon cost revenues from a loss of customers in 2013. Thus, the request was for a total increase of $1,216,601 of which $1,055,311 is attributable to incorporated areas. TGS alleged that a failure of cities to grant the requested waiver would likely cause them to file a traditional Statement of Intent rate case. Attorney, Geoffrey Gay, and consultant, Karl Nalepa, relied upon by the City of McAllen to review the TGS filing and negotiate a settlement agreed that granting the requested waiver was appropriate. Mr. Nalepa prepared a report that recommended five adjustments to the Company’s case. After discussions with the Company, the parties reached agreement on a system-wide rate increase of $936,000 or a $280,000 reduction to the filed request.

Purpose of the COSA

The Texas Legislature allows gas utilities to annually adjust rates based on changes to invested capital. That statutory provision is referred to as the Gas Reliability Infrastructure Program (“GRIP”). In a GRIP proceeding, cities are not allowed to intervene at the Railroad Commission, cannot challenge the reasonableness of any investment, and may not recover rate case expenses. In 2009, RGVSA Cities negotiated a COSA tariff as a three year experimental substitute for the GRIP process. Finding the COSA process to be mutually beneficial, the COSA process was renewed at the end of the experiment.

Resolution of the 2014 Filing

Cities’ consultant Karl Nalepa recommended five adjustments to reduce the $1,216,601 rate increase requested by TGS. The most significant corrected an overestimation of lost revenue associated with loss of customers. Additional adjustments were made for wages, short-term incentives, margin tax, and utility plant. Settlement discussions resulted in TGS agreeing to reduce their request by $280,000. Additionally, as a concession to the City agreeing to grant the good cause waiver, the Company agreed to update customer class cost allocation factors to recognize the change in customer count and revenues associated with the need for the good cause waiver. That cost allocation adjustment shifted approximately $45,000 away from the residential class.

Bill Impact

The proof of revenues prepared by TGS, and affirmed by Karl Nalepa, reveals that the rate increase will have the following impact on average monthly customer bills:


Page 106 July 15, 2014

2

Residential $0.43 Commercial $9.34 Industrial $96.49 Public Authority $8.12 Transportation T-1 $130.53 Transportation T-2 $103.42

EXPLANATION OF “BE IT ORDAINED” PARAGRAPHS

Section 1. When rates change, it is critical for the regulatory authority to find existing rates to be unreasonable and for the new rates to be just and reasonable. This section finds that the new rates reflected in attached tariffs for each customer class are reasonable.

Section 2. This paragraph is necessary to grant the requested good cause waiver.

Section 3. Since we negotiated a change to the class cost allocation factors, this paragraph sets out the specific class cost allocation factors that result in the average monthly bill impacts referenced above.

Section 4. This paragraph requires the Company to reimburse the City for consulting and legal costs associated with the requested increase.

Section 5. This paragraph repeals any prior City action that might be inconsistent with the new tariffs adopted by the Council.

Section 6. This paragraph recites compliance with the Open Meetings Act.

Section 7. This paragraph is a typical savings clause, preserving the remaining provisions of the Ordinance should any one provision be determined to be invalid.

Section 8. Pursuant to the COSA tariff, the new rates are to become effective August 1st. This paragraph allows the Company to implement the new rates on meter reads that occur on or after July 29, 2014.

Section 9. This paragraph requires that an adopted and signed copy of the Ordinance be sent to the Company and special counsel to the City.

RECOMMENDATION

The City staff recommends adoption of the Ordinance and tariffs establishing new rates.

678/29/4463731


Page 107 July 15, 2014

RIO GRANDE VALLEY SERVICE AREA COST OF SERVICE AI}JUSTMENTFILED By rEXAS GAS SERVICE COMPANY ON MAY l, 2014

SETII-,E MEN TA G REEMEI\ T

This Settlement Agreement is entered into by and between Texas Gas Service Company("TGS" or the ooCompany") and the cities of TGS' Rio Grande Valley Service Area ("RGVSA"),

which includes the Cities of Alamo, Alton, Brownsville, Combes, Donna, Edcouch, Edinb*g,

Elsa, Harlingen, Hidalgo, La Feria, La Joya, La Villa, Laguna Vista, Los Fresnos, Lyford,

McAllen, Mercedes, Mission, Palm Valley, Palmhurst, Palmview, Penitas, Pharr, Port Isabel,

Primera, Progreso, Rancho Viejo, Raymondville, Rio Hondo, San Benito, San Juan, Santa Rosa,

and Weslaco, Texas (collectively, "RGVSA Cities").

WHEREAS, this Settlement Agreement resolves all issues relating to the Cost of Service

Adjustment ("COSA") filed with the RGVSA Cities on May 1, 2074, in a manner that TGS and

the RGVSA Cities (collectively, the "signatories") believe is consistent with the public interest,

and the Signatories represent diverse interests;

WHEREAS, the Signatories believe that an appeal from municipal action on the filed

COSA adjustment would be time-consuming and entail substantial additional expense for all

parties and that the public interest will be served by adoption of an ordinance consistent with this

Settlement Agreement;

NOW, THEREFORE, in consideration ofthe mutual agreements and covenants establishedherein, the Signatories, through their undersigned representatives, agree to and recommend for

approvat by the RGVSA Cities the following Settlement Terms as a means of fully resolving all

issues raised in the May 1, 2014 COSA Adjustment filed by TGS with the RGVSA Cities:

Settlemery,t Terms

1. The Signatories agree to the rates, terms and conditions reflected in the tariffs attached to

this Settlement Agreement as Exhibit A. Said tariffs should allow TGS an additional

$936,000 in annual revenue as illustrated in the proof of revenues attached as part of

Exhibit B to the Settlement Agreement. The Signatories agree that the $936,000 revenue

increase is a'oblack box" figure and is not tied to any specific expense in TGS' underlyingcost of service. The Signatories furlher agree that the rates, terms and conditions reflected

in Exhibit A to this Settlement Agreement comply with the rate-setting requirements of

Chapter 104 of the Texas Utilities Code. The rates, terms and conditions established by

this Settlement Agreement shall take effect with the first billing cycle of August 2014.

2. The Signatories agree that the revenue increase shall be allocated based on the followingpercentages:


Page 108 July 15, 2014

J .

Residential 3s.04%Commercial 42.8s%Industrial 6.s6%Public Authoritv s.6r%Transport - Tl 7.03%Transport - Tz 2.92%

Total 100%

TGS agrees to reimburse the RGVSA Cities for their previously-incurred reasonable andnecessary legal and consultant expenses associated with TGS' 2014 COSA Adjustmentfiled with the RGVSA Cities on May I,2074. Such reimbursement shall be made on orbefore thirty (30) days from the date that the last RGVSA City has taken action to adoptor approve this Settlement Agreement and upon the Company receiving legal invoices orother documentation reflecting the City's incurred costs. The Signatories agree that TGSis entitled to recover its reasonable expenses associated with the 2014 COSA filing withthe RGVSA Cities, as well as those expenses reimbursed to the RGVSA Cities inconnection with this filing, through a volumetric surcharge, and that such amount shall notbe included in the calculation of the 5% band limiting the amount of any future COSAAdjustment.

The Signatories agree that within a reasonable time period the RGVSA Cities shall adoptordinances approving the Settlement Agreement and establish rates and services for theRGVSA Cities consistent with those set forth in Exhibit A to this Settlement Agreement.The Signatories agree to make good faith efforts to encourage each RGVSA City to timelyadopt an ordinance approving the Settlement Agreement.

The Signatories agree that all negotiations, discussion, conferences and drafts related tothe Settlement Agreement are confidential, inadmissible, and not relevant to prove anyissues associated with the 2014 COSA Adjustment filed by TGS with the RGVSA Citiespursuant to Texas law.

The Signatories agree that neither this Settlement Agreement nor any oral or writtenstatements made during the course of settlement negotiations may be used for any purposeother than as necessary to support the entry by the RGVSA Cities of an ordinance orresolution implementing this Settlement Agreement.

The Signatories agree that this Settlement Agreement is binding on each Signatory onlyfor the purpose of settling the issues set forth herein and for no other purposes, and exceptto the extent the Settlement Agreement governs a Signatory's rights and obligations forfuture periods, this Settlement Agreement shall not be binding or precedential upon anySignatory outside this proceeding.

The Signatories agree that this Settlement Agreement may be executed in multiplecounterparts and may be filed with facsimile signatures.

4.

5 .

6.

7.

8 .


Page 109 July 15, 2014

Agreed to this 24th day of June ?014,

TEXAS GAS SERVICE COMPANY

By:

RIO GRAND SERVICE

By:Geoffrey

Kate NormanAttorney for Texas Gas Service Company

Attorney for the City of McAllen andCities


Page 110 July 15, 2014

TEXAS GAS SERVICE COMPANYRio Grande Valley Service Area

E'\n'|E,' | '1 '|\''' '=' ',';;'.i;'ibt*ilo1'[E3iPage 1 of6

RATE SCHEDULE 10

RESIDENTIAL SERVICE RATE

APPLICABILITY

Applicable to a residential customer in a single dwelling, or in a dwelling unit of a multiple dwellingor residential aparknent, or nursing homes, for domestic purposes.

TERRITORY

All customen in the incorporated areas served by the Company in its Rio Grande Valley ServiceArea.

COST OF SERVICE RATE

During each monthly billing period:

A Customer Charge per meter per month of $11.25 plus -AllCct@ $ 0.50521 perCcf

OTHERADruSTMENTS

In addition to the Cost of Service set forth above, each customer's bill shall include the followingadjustments:

Cost of Gas Component: The basic rat€s for cost of service set forth above shall be increased bythe amount of the Cost of Gas Component for the billing month computed in accordance with theprovisions of Rate Schedule 1.

Weather Normalization Adiustnent: The billing shall reflect adjustrnents in accordance with theprovisions of tle Weather Normalization Adjustrnent Clause, Rate Schedule WNA.

Taxes: Plus applicable taxes and fees (including franchises fees) related to above, see RateSchedule lB.

CONDITIONS

Subject in all respects to applicable laws, rules, and regulations from time to time in effect'

Supersedes Same ShEet DatedJu lv 31 .2013

Metg$ Read On and AfterJulv 29.2414


Page 111 July 15, 2014

TEXAS GAS SERVTCE COMPANYRio Grande Vallev Service Area

En r i lEt I f \ | v l )E I lLElv l t r , l r I ,1 \Jr \E,Elv lEl r I

2014 TGS RGV COSAPage 2 ofG

RATE SCHEDULE 20

Meters Read On and AfterJuly 29,201,4

Supersedes Same She-qt DatedJu l y 31 ,2013

COMMERCIAL SERVICE RATE

APPLICABILITY

Applicable to commercial consumers and to consumers not otlerwise specifically provided for underany other rate schedule.

TERRITORY

All customers in the incorporated areas served by the Company in its Rio Grande Valley Service Area.



A Customer Charge per meter per month of $3 1.25 plus (For Commercial Service)A Customer Charge per meter per month of $18.75 plus (For Church Service)

AllCcf@ $ 0.36869perCcf

OTHERADruSTMENTS

In addition to the Cost of Service set forth above, each customey's bill shall include the followingadjustrnents:

Cost of Gas Comoonent: The basic rates for cost of service set forth above shall be increased bythe amount of the Cost of Gas Component for the billing month computed in accordance with theprovisions of Rate Schedule 1 .

Weather Normalization Adiustnent: The billing shall reflect adjustnents in accordance with theprovisions of the Weather Normalization Adjustment Clause, Rate Schedule WNA.

Taxes: Plus applicable taxes and fees (including franchises fees) related to above, see RateSchedule 1B.

CONDITIONS

l. Subject in all respects to applicable laws, rules, and regulations from time to time in effect.

2. Delivery of Gas hereunder may be intemrpted or curtailed at the discretion of the Company, incase of shortage or threatened shortage ofgas supply fiom any cause whatsoever, to conserve gasfor residences, hospitals, schools, churches, and other human needs customers as prioritized in theCompany's approved Curtailment Program.


Page 112 July 15, 2014

TEXAS GAS SERVICE COMPANYRio Grande Vallev Service Area

E' \nrDt I f l I t * , , \ ) t r ' | | LEtVtEtr I r1 \Jr \EEtV! t r , t I I

2014 TGS RGV COSAPage 3 of 6

RATE SCHEDULE 30

Meters Read On and A-ftglJuly 29, 2014

Supersedes Same Sheet DatedJu ly 31 ,2013

INDUSTRIAL SERVICE RATEAPPLICABILITY

Service under this rate schedule is available to any customer whose primary business activity at thelocation served is included in one of the following classifications of the Standard IndustialClassification Manual of the U.S. Govemment.

Division B - Mining - all Major GroupsDivision D - Manufacturing - all Major GroupsDivisions E and J - Utility and Government - facilities generating power for resale only

TERRITORY

All customers in the incorporated areas served by the Company in its Rio Grande Valley ServiceArea.



A Customer Charge per meter per month of $66.85 plus -All Ccf @ $ 0.43229 per Ccf

OTIIER ADruSTMENTS

In addition to tle Cost of Service set forth above, each customer's bill shall include the followingadjushnents:

Cost of Gas Componenl: The basic rates for cost of service set forth above shall be increased bythe amount of the Cost of Gas Component for tle billing month computed in accordance with theprovisions of Rate Schedule 1.

Taxes: Plus applicable taxes and fees (including franchises fees) related to above, see RateSchedule 18.

CONDITIONS

1. Subject in all respects to applicable laws, rules, and regulations from time to time in effect.

2. Delivery of gas hereunder may be interrupted or curtailed at the discretion of the Company, incase of shortage or tlueatened shortage ofgas supply from any cause whatsoever, to conserve gasfor residences, hospitals, schools, churches, and other human needs customers as prioritized intle Company's approved Curtailment Program.


Page 113 July 15, 2014

TEXAS GAS SERVICE COMPANYRio Grande Vallev Service Area

E/\ntDt I f t I L . | \ ) t r . t I Lctv t t r , t l I r -1 \ r r \E.EtvtEtr I

2014 TGS RGV COSAPage 4 of 6

RATE SCHEDULE 40

Meters Read On and AfterJulv 29. 2014

Supersedes Same Sheet DatedJu ly 31, 2013

PUBLIC AUTHORITY SERVICE RATE

APPLICABILITY

Applicable to all public and parochial schools and colleges, and to all facilities operated byGovemmental agencies not specifically provided for in other rate schedules or spdcial contracts.

TERRITORY

All customers in the incorporated areas served by the Company in its Rio Grande Valley ServiceArea.



A Customer Charge per meter psr month of $35.71 plus -All Ccf @ $ 0.39166 per Ccf

OTHER ADJUSTMENTS

In addition to the Cost of Service set forth above, each customer's bill shall include the followingadjustrnents:

Cost of Gas Component: The basic rates for cost of service set forth above shall be increased bythe amount of the Cost of Gas Component for the billing month computed in accordance withthe provisions of Rate Schedule I .

Weather Normalization Adjustment: The billing shall reflect adjustnents in accordance with theprovisions of the Weather Normalization Adjustment Clause, Rate Schedule WNA.

Taxes: Plus applicable taxes and fees (including franchises fees) related to above, see RateSchedule 18.

CONDITIONS

1. Subject in all respects to applicable laws, rules, and regulations from time to time in effect.

2. Delivery of gas hereunder may be intemrpted or curtailed at the discretion of the Company, incase of shortage or t}reatened shortage of gas supply from any cause whatsoeveq to c,onservegas for residences, hospitals, schools, churches, and other human needs customers as prioritizedin the Company's approved Curtailment Program.


Page 114 July 15, 2014

TEXAS GAS SERVICE COMPANY 2O14TGSRGVCOSAPage 5 of 6

Rio Grande Vq[ey Service Area Rate Schedule T-l

TRANSPORTATIONI. SERVICE RATE

APPLICABILITY

Service under this rate schedule is available to any customer of Texas Gas Service Company("Company") and to Qualified Suppliers or Producers supplying natural gas to be transported,pursuant to Rate Schedule T-GEN (General Charges, Provisions and Conditions) for thetransportation of customer-owned natural gas through the Company's Rio Grande Valleydistribution system for use by customers within the Company's Rio Grande Valley's Service Areaor deliveried to connecting pipelines. The customer must arrange with its gas supplier to have thecustomer's gas delivered to one of the Company's existing receipt points for transportation by theCompany to the customer's facilities at the customer's delivery point. The receipt points shall bespecified by the Company at its reasonable discretion, taking into consideration available capacity,operational constraints, and integrity of the distribution system.

Prior to the execution of a Gas Transportation Service Agreement, customer must represent andcertiff that its usage shall average five hundred (500) Mcf of gas per month or six thousand (6,000)Mcf annually. The Company shall have the right at all reasonable times, upon prior notice toCustomer, to enter onto Customer's premises and inspect Customer's facilities and operations toverify such capability. Customer must agree to noti$r the Company within a reasonable time ifthere is any change in Customer's usage. Should Customer's usage capability average less thanfive hundred (500) Mcf per month or six thousand (6,000) Mcf annually, Customer must so notifuthe Company and the Company may discontinue service hereunder except as provided in the GasTransportation S ervice Agreement.

TERRITORY

All areas served by the Company in its Rio Grande Valley Service Area.

RATE

This rate shall be the sum of Part A, Part B, and Part C as described below.

Part A: A customer charge of $127.82 per meter per month.

Part B: All volumes of natural gas transported during each month in accordance with thisschedule shall be billed at the following Ccfcharge:

All Ccf @ $0.20284 per Ccf

Part C: "Additional Charges to Cost of Seryice Rate'o pursuant to Rate Schedule T-GEN (General Charges, Provisions and Conditions).

CONDITIONS

See the "Special Provisions" and "Conditions" pursuant to Rate Schedule T-GEN (GeneralCharses" Provisions and Conditions

Supersedes Same Sheet DatedJuly 3L,2013 (Incorporated only)

Meters Read On and.A.fterJuly 29, 2014 (Incorporated only)


Page 115 July 15, 2014

TEXAS GAS SERVICE COMPAI\YRio Grande Valley Service Area

E,\r,,Dr I i'r r tJ o=' '.;;u.j;1btffi;[E;j

Page 6 of 6

Rate Schedule T-2Pase I of I

TRANSPORTATION SERVICE RATE

APPLICABILITY

Service under this rate schedule is available to any customer of Texas Gas Service Company("Company") and to Qualified Suppliers or Producers supplying natural gas to be tansported,pursuant to Rate Schedule T-GEN (General Charges, Provisions and Conditions) for thetransportation of customer-owned natural gas through the Company's Rio Grande Valley distributionsystem for use by customers within the Company's Rio Grande Valley's Service Area or deliveried toconnecting pipelines. This rate schedule requires a one-year commitment for transportation service.The customer must arrange with its gas supplier to have the customer's gas delivered to one of theCompany's existing receipt points for transportation by the Company to the customer's facilities atthe customer's delivery point. The receip points shall be specified by the Company at its reasonablediscretion, taking into consideration available capacity, operational constraints, and integrity of thedistribution system.

TERRITORY

All areas served by the Company in its Rio Grande Valley Service Area.

RATE

This rate shall be the sum of Part A. Part B. and Part C as described below.

Part A: A customer charge of 5327.82 per meter per month.

Part B: All volumes of natural gas transported during each month in accordance with thisschedule shall be billed at the following Ccf charge:

All Ccf @ $0.05865 per Ccf

Part C: 'Additional Charges to Cost of Service Rate" pursuant to Rate Schedule T-GEN(General Charges, Provisions and Conditions).

Minimum Monthly Bill of $1,500 (from the sum of Part A and Part B)

CONDITIONS

See the "Special Provisionso'and "Conditions" pursuant to Rate Schedule T-GEN (GeneralCharges, Provisions and Conditions)

Supersede s Sar-ne-Sbeet DgLq4July 37,2013 (Incorporated only)

Meters Read On and AfterJuly 29,2014 (Incorporated only)


Page 116 July 15, 2014

EXHIBIT B TO SETTLEMENT AGREEMENT2014 TGS RGV COSA

Page 1 of 1

F

g

!o

o

o

o

5 =

€ r g= ' E Ei : g -

; d

sl,o

N

o@dlo

o!q

N

o

I I - +5 ; , 3 ;

fl FE EP5= t

. E$ F -> EE o6 f

3 ttr

oc]

ND.o

r

h@m-

a

oo

tri

N

o_

tsN

P"

N

q

ory

No11tsN

oGtr!oz

€N

f!

o o oo N @€ N@ m qc ? q r ?o o o

a 8 e

soq1or

DoFoq

E4 7 po E oo { :" E ' I

@

ci

F @ A@ o o+ o oN N Nq q eo o o

* 4 q

ts

o

u J qo

6

o

aqo

EE

! ; iG !

S &o

o

E E> EE :E 5 r : -g E ; is q x

= G

T E

5 9o -

EEi og N

( ) 9

g t. i k

- S g b Ef f - '-E €T E E S ; 1E 2 ; i E A, t E e i *

< - E = 3

@

FJN

N

o.+

o.

o

E O

6 Ed o I ,

S , s S $ E $ * E '=$ 5$$ i t t s E l s t= a f r b E t r b < b 4 e 3 *E 5 t E E E = E E = 3 E = E I P E Et r E 3 6 E E 3 E g g 3 E : . E I ; . 8 ;t r o < o ( J o < = o { o - ( f < F t F r J q ,

e ( . r f l ) $ t r , ( o r ' - . . F F P P : P P

sglgl gSi lEl 51I3l s* l* l $FF$l$l $'H-lHl "* l* l ** l* l o5r r ll l l*l l l l

HtHt EtFt ql sl eln.l H$l$l ElEl :l: l $lsl $| |

*l-l ll

+l l l l- l-l-l_ls

=l=l *Bl*l *l*l E|gI *-l-l - l"l r rl

| | | tl

mHHffinN-F

o

o =E

q E

E k =- v F

6 ? EO r c ' l ( f , Se{ C.l e.J e{ $J

o

l:€r1

oo

E

6

E

=P

j

$

c'lN

q

P

Uq q

! o

O <F - d g ,

@ t sF_ ts-

Q N

=c0E=E

,E=o

U

;eE?o

J

ffF

fl:c.l 3.1 3"

*lFt *

, | - | :

tl

- b €o da E ho r lc v r6 ! q! q c

I E t . E6 . l l ( J F

o u <r r j ( c | ( l } f . - . r tc{ c{ c{ c{ (\l

r

'LL(uo-$to-

J

o>

E H E EHfiS F5 < - su r A Q SO ! ! H *

fi+rf gr a > F ^ t s

6#= ;#tF gt r f r =

o

t0co

G

oO J. 9 <> F6 06 , -o l oc ! m


Page 117 July 15, 2014

1 678/29/4465181

ORDINANCE NO. 2014-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WESLACO, TEXAS, (“CITY”) APPROVING A NEGOTIATED RESOLUTION BETWEEN THE CITY AND TEXAS GAS SERVICE (“TGS” OR “THE COMPANY”) REGARDING THE COMPANY’S MAY 1, 2014 COST OF SERVICE ADJUSTMENT (“COSA”) FILING; GRANTING THE COMPANY’S REQUEST FOR A GOOD CAUSE WAIVER OF LANGUAGE IN SECTION C.5 OF THE COSA CLAUSE; DECLARING EXISTING RATES TO BE UNREASONABLE; APPROVING ATTACHED TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; PROVIDING FOR THE RECOVERY OF THE CITY’S AND TGS’ REASONABLE AND NECESSARY RATE CASE EXPENSES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; REPEALING ANY PRIOR ORDINANCES INCONSISTENT WITH THIS ORDINANCE AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY’S AND THE CITY’S LEGAL COUNSEL; AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

WHEREAS, the City of Weslaco, Texas (“City”) is a gas utility customer of Texas Gas

Service (“TGS” or “the Company”), and a regulatory authority with an interest in the rates and

charges of TGS; and

WHEREAS, pursuant to the terms of the agreement settling TGS’ 2009 Statement of

Intent to increase rates, to which City was a signatory, the City and other municipalities within

the Rio Grande Valley Service Area and TGS worked collaboratively to develop the Cost of

Service Adjustment (“COSA”) tariff that allows for an expedited comprehensive rate review

process; and

WHEREAS, on or about May 1, 2014, TGS filed with the City a COSA tariff seeking to

increase natural gas rates to all customers residing in the City; and


Page 118 July 15, 2014

2 678/29/4465181

WHEREAS, TGS requested a good cause waiver to Section C.5 of the COSA clause to

recognize a decline in revenue associated with a loss of customers during calendar year 2013;

and

WHEREAS, the Company has requested a system wide increase of $1,216,601; and

WHEREAS, the City coordinated a review of TGS’ COSA filing and designated

attorneys and consultants to resolve issues in the Company’s COSA filing; and

WHEREAS, the Company has filed evidence that existing rates are unreasonable and

should be changed; and

WHEREAS, independent analysis by the City’s rate expert concluded that TGS is able to

justify an increase over current rates; and

WHEREAS, the City’s attorney and consultant recommend that the City approve the

Good Cause Waiver, a settlement of $936,000 on a system wide basis and a modification of cost

allocation factors; and

WHEREAS, the attached tariffs implementing new rates are consistent with the

negotiated resolution reached by the City and are just, reasonable, and in the public interest; and

WHEREAS, the negotiated resolution of the Company’s COSA filing and the resulting

rates are, as a whole, in the public interest.


Page 119 July 15, 2014

3 678/29/4465181

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF WESLACO, TEXAS:

Section 1. That the City Council finds that the existing rates for natural gas service

provided by TGS are unreasonable and the new tariffs implementing this Ordinance, which are

attached hereto and incorporated herein as Attachment A, are just and reasonable and are hereby

adopted.

Section 2. That the requested Good Cause Waiver is granted and a rate increase of

$936,000 on a system wide basis along with a modification to cost allocation factors is

reasonable.

Section 3. Allocation factors shall be as follows:

Residential 35.04%; Commercial 42.85%; Industrial 6.56%; Public

Authority 5.61%; Transport-T1 7.03%; and Transport-T2 2.92%

Section 4. That TGS shall reimburse the reasonable ratemaking expenses of the City in

processing the Company’s rate application.

Section 5. That to the extent any resolution or ordinance previously adopted by the

Council is inconsistent with this Ordinance, it is hereby repealed.

Section 6. That the meeting at which this Ordinance was approved was in all things

conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,

Chapter 551.

Section 7. That if any one or more sections or clauses of this Ordinance is adjudged to be

unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining

provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted

as if the offending section or clause never existed.


Page 120 July 15, 2014

4 678/29/4465181

Section 8. That the tariffs attached to this Ordinance shall become effective for meters

read on and after July 29, 2014.

Section 9. That a copy of this Ordinance shall be sent to TGS, care of Jose De Alba,

Director of Operations, at 5602 East Grimes Road, Harlingen, Texas 78550-1783, and to

Geoffrey Gay, Special Counsel to the City, at Lloyd Gosselink Rochelle & Townsend, P.C.,

P. O. Box 1725, Austin, Texas 78767-1725.

PASSED AND APPROVED on first reading this __________ day of July, 2014.

PASSED AND APPROVED on second and final reading this __________ day of

August, 2014.

_________________________________ David Suarez, Mayor ATTEST: __________________________________ Elizabeth M. Walker, City Secretary APPROVED AS TO FORM: ___________________________________ Ramon Vela, City Attorney


Page 121 July 15, 2014


Page 122 July 15, 2014

ewalker

Typewritten Text

ewalker

Typewritten Text

ewalker

Typewritten Text

VI. H.

ewalker

Typewritten Text


Page 123 July 15, 2014


Page 124 July 15, 2014


Page 125 July 15, 2014

ewalker

Typewritten Text

VI. I.


Page 126 July 15, 2014


Page 127 July 15, 2014


Page 128 July 15, 2014


Page 129 July 15, 2014


Page 130 July 15, 2014


Page 131 July 15, 2014


Page 132 July 15, 2014


Page 133 July 15, 2014


Page 134 July 15, 2014


Page 135 July 15, 2014


Page 136 July 15, 2014


Page 137 July 15, 2014


Page 138 July 15, 2014


Page 139 July 15, 2014


Page 140 July 15, 2014


Page 141 July 15, 2014


Page 142 July 15, 2014


Page 143 July 15, 2014


Page 144 July 15, 2014


Page 145 July 15, 2014


Page 146 July 15, 2014


Page 147 July 15, 2014


Page 148 July 15, 2014


Page 149 July 15, 2014


Page 150 July 15, 2014


Page 151 July 15, 2014


Page 152 July 15, 2014


Page 153 July 15, 2014


Page 154 July 15, 2014


Page 155 July 15, 2014

Page 1 of 35

TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally and State Assisted Airport Development Grant)

TxDOT CSJ No.: 1321WESLA TxDOT Project No.: AP WESLACO 6

TxDOT Contract No. : 3XXAV079 Commission Approval: April 25, 2013

NPE Funds Applied: FY11, FY12, FY13, FY14 DUNS: 036562767

C.F.D.A.:20.106

Part I - Identification of the Project TO: The City of Weslaco, Texas FROM: The State of Texas, acting through the Texas Department of Transportation

This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Weslaco, Texas, (hereinafter referred to as the "Sponsor").

The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp).

The project is described as construction services to: overlay and mark 13-31; widen existing runway to 75 feet; rehabilitate east side hangar access taxiway and terminal apron; overlay east side taxiway; extend medium intensity runway lights Runway 13; relocate utilities; improve drainage and install fence at the Mid Valley Municipal Airport.

The Sponsor applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above.

The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States.

Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in

consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in the Airport Project Participation Agreement and its acceptance of this Offer as provided, and (b) the benefits to accrue to the United States and the public from the


Page 156 July 15, 2014

Page 2 of 35

accomplishment of the project and compliance with the assurances and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Part II - Offer of Financial Assistance 1. The allowable costs of the project shall not include any costs determined by the State to

be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp).

2. It is estimated that construction project costs will be approximately $4,713,070.00

(Amount A). It is further estimated that approximately $4,713,070.00 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal and state financial assistance will be for ninety percent (90%) of the eligible project costs. Final determination of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project.

3. The maximum obligation of the United States and State Treasury payable under this offer shall be $4,241,763.00 (Amount C).

This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds.

4. It is estimated that the Sponsor's share of the total project costs will be $471,307.00

(Amount D). At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share. The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal share (Amount C).

It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage of financial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor.

5. If there is an overrun in the eligible project costs, the State may increase the grant to cover

the amount of overrun not to exceed the statutory limitations, and will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment, the


Page 157 July 15, 2014

Page 3 of 35

maximum obligation of the United States is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount.

The State may decrease the agreement after completion of the describer scope. The

Sponsor will be notified by letter of the decreased amount. Participation in additional federally eligible costs may require approval by the Texas

Transportation Commission. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor.

Payment of the United States share of the allowable project costs will be made in accordance with the provisions of such regulations and procedures as the State and the FAA shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.

6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested

by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share.

7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to

the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project.

Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount D) shall be due and payable to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity.

PART III - Sponsor Responsibilities

1. In accepting the Agreement, the Sponsor guarantees that:

a. it will comply with the Attachment A, Certification of Airport Fund, attached and made a part of this agreement; and

b. it will comply with the Attachment B, Certification of Project Funds, attached and

made a part of this Agreement; and


Page 158 July 15, 2014

Page 4 of 35

c. it will comply with the Attachment E, Airport Assurances (4/2013)(State Modified

4/2013), attached and made a part of this Agreement; and d. it will, in the operation of the facility, comply with all applicable state and federal

laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant; and

e. the Airport or navigational facility which is the subject of this Agreement shall be

controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and

f. consistent with safety and security requirements, it shall make the airport or air

navigational facility available to all types, kinds and classes of aeronautical use without unjust discrimination between such types, kinds and classes and shall provide adequate public access during the term of this Agreement; and

g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of

aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and

h. it shall not permit non-aeronautical use of airport facilities, unless noted on an

approved Airport Layout Plan, without prior approval of the State/FAA; and

i. it will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport; and.

j. it will acquire all property interests identified as needed for the purposes of this

project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's Certificate of Airport Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and

k. the Sponsor shall submit to the State annual statements of airport revenues and

expenses as requested; and

l. all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The


Page 159 July 15, 2014

Page 5 of 35

proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ites).

m. an Airport Fund shall be established by resolution, order or ordinance in the

treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such fund may be an account within another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and

n. for federally funded projects any revenue from airport property mineral rights be

identified as airport revenue; deposited to the airport fund and used for airport operations; and

o. the Sponsor shall operate runway lighting at least at low intensity from sunset to

sunrise; and

p. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interests will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and

q. it will provide upon request of the State, the engineering or planning consultant,

and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and

r. after reasonable notice, it will permit the State, the FAA, and any consultants and

contractors associated with this project, access to the project site, and will obtain permission for the State, the FAA, and consultants and contractors associated with this project, to enter private property for purposes necessary to this project; and

s. all development of an airport constructed with program funds shall be consistent


Page 160 July 15, 2014

Page 6 of 35

with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval; and

t. it shall take all steps, including litigation if necessary, to recover funds spent

fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal and State funds have been expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement. It shall obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such funds shall be approved in advance by the State.

2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which may be affected by the project.

3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the

State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees.

4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement

incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and the Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years.

5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project

identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives


Page 161 July 15, 2014

Page 7 of 35

before, during and after the completion of this project. 6. The Sponsor shall have on file with the State a current and approved Attorney's Certificate

of Airport Property Interests and Exhibit A property map.

7. The Sponsor shall have on file with the State, Attachment C, Certification Regarding Drug-Free Workplace Requirements, attached and made a part of this agreement. 8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any

contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition.

9. Except for instrument landing systems acquired with AIP funds and later donated to and

accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership, operation, or maintenance of any sponsor-acquired equipment, except for instrument landing systems.

10. For a project to replace or reconstruct pavement at the airport, the Sponsor shall

implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in Attachment D "Pavement Maintenance Management Program”, attached and made a part of this agreement.

11. The Sponsor may utilize paving specifications meeting State Highway criteria for

runways at non-primary airports with lengths up to 5,000 feet and serving aircraft not exceeding 60,000 pounds gross take-off weight. The sponsor agrees not to request additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing State specification for 10 years from pavement acceptance.

Part IV- Nomination of the Agent 1. The Sponsor designates the State as the party to apply for, receive and disburse all funds

used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred.

2. The State agrees to assume the responsibility to assure that all aspects of the grant and


Page 162 July 15, 2014

Page 8 of 35

project are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided.

3. The State shall, for all purposes in connection with the project identified above, be the

Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services:

Receiving Disbursing Agent:

a. apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C. and congressional appropriation made pursuant thereto, and the Sponsor;

b. receive, review, approve and process Sponsor's reimbursement requests for

approved project costs; and

c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share.

Paying Agent:

d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State executed contracts;

Contracting Agent:

e. advertise for professional engineering and/or planning services for, but not limited to, the preparation of planning studies, plans and specifications for the above project and for the management of the construction of the above project; certify consultant selection procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project;

f. administer Disadvantage Business Enterprises (DBE) and/or Historically

Underutilized Business (HUB) Programs in accordance with federal and state regulations.

Contract Management Agent:

g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling;

h. coordinate and review project plans, specifications and construction; coordinate

and conduct progress and final inspections.


Page 163 July 15, 2014

Page 9 of 35

Construction Phase:

i. authorize the advertisement, receipt and opening of bids for construction of the above project; and award contracts for construction of the above project and acquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as related to this project;

j. participate in pre-bid and pre-construction conferences; and issue orders as it

deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders;

k. review, approve and maintain record drawings.

PART V - Recitals 1. The State and Sponsor shall obtain an audit as required by federal or state regulations. 2. The Sponsor, and not the State, shall be the contractual party to all construction and

professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement.

3. The Sponsor agrees to pursue and enforce contract items, which are required by federal

and/or state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement of contract items may require litigation and other remedies of law.

4. The United States and the State of Texas shall not be responsible or liable for damage to

property or injury to persons, which may arise from, or be incidental to, compliance with this grant agreement.

5. This Agreement is executed for the sole benefit of the contracting parties and is not

intended or executed for the direct or incidental benefit of any third party. Furthermore, the State shall not be a party to any other contract or commitment, which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project.

6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written

notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the following:

a. The reasons for the suspension and the corrective action necessary to lift the

suspension;


Page 164 July 15, 2014

Page 10 of 35

b. A date by which the corrective action must be taken;

c. Notification that consideration will be given to terminating the grant after the corrective action date.

In the case of suspension or termination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination.

7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.

Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below.

a. Of primary importance to the State is compliance with the terms and conditions of

this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity.

b. Venue for resolution by a court of competent jurisdiction of any dispute arising

under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas.

8. The State reserves the right to amend or withdraw this Agreement at any time prior to

acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably denied or delayed.

9. This Agreement constitutes the full and total understanding of the parties concerning their

rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties.

10. All commitments by the Sponsor and the State are subject to constitutional and statutory

limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied.


Page 165 July 15, 2014

Page 11 of 35

11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport

Project Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State of Texas and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided.

12. The state auditor may conduct an audit or investigation of any entity receiving funds from

the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.


Page 166 July 15, 2014

Page 12 of 35

Part VI - Acceptance of the Sponsor The City of Weslaco, Texas, does ratify and adopt all statements, representations,

warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement. Executed this day of , 20___. The City of Weslaco, Texas

Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certificate of Sponsor's Attorney

I, , acting as attorney for , Texas, do certify that I have fully examined the Agreement and the proceedings taken by the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. Dated at , Texas, this day of , 20___. _______________________________________ _____________________________ Witness Signature Attorney Signature Witness Title


Page 167 July 15, 2014

Page 13 of 35

Part VII - Acceptance of the State

Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission.

STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION

By:_______________________________________

Date:_____________________________________


Page 168 July 15, 2014

Page 14 of 35

ATTACHMENT A CERTIFICATION OF AIRPORT FUND The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole.

The City of Weslaco, Texas (Sponsor)

By: ______________________________

Title:_______________________________

Date:


Page 169 July 15, 2014

Page 15 of 35

ATTACHMENT B

CERTIFICATION OF PROJECT FUNDS TxDOT Contract No.: 3XXAV079 TxDOT CSJ No.: 1321WESLA The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as identified in the Airport Project Participation Agreement for said project will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount Date Available State Treasury $471,307 Immediately The Sponsor, has caused this to be duly executed in its name, this day of , 20_____.

The City of Weslaco, Texas (Sponsor)

By:_________________________________

Title:_______________________________


Page 170 July 15, 2014

Page 16 of 35

ATTACHMENT C CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS A. The grantee certifies that it will or will continue to provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about-

(1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will-

(1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring

in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted-

(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f),

B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) __________________________________________________________ __________________________________________________________ __________________________________________________________ Check ____ if there are workplaces on file that are not identified here. Signed: _______________________________________ Dated: ____________________ ____________________________________________________________________________ Typed Name and Title of Sponsor Representative


Page 171 July 15, 2014

Page 17 of 35

ATTACHMENT D

PAVEMENT MAINTENANCE MANAGEMENT PROGRAM

An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of details: a. location of all runways, taxiways, and aprons b. dimensions c. type of pavement d. year of construction or most recent rehabilitation For compliance with the Airport Improvement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule.

a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history

of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the frequency of inspections may be extended to three years.

b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month

to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below.

a. inspection date b. location c. distress types d. maintenance scheduled or performed

For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended methods of repair are presented.


Page 172 July 15, 2014

ewalker

Typewritten Text

Page 18 of 35

ATTACHMENT E PART V GRANT ASSURANCES Airport Sponsors 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor” means a public agency with control of a public-use airport; the term "private sponsor” means a private owner of a public-use airport; and the term "sponsor” includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (1 0) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:


Page 173 July 15, 2014

Page 19 of 35

1. General Federal Requirements. It will comply with all applicable Federa11aws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act- 40 U.S.C. 276(a), et seq. 1 c. Federal Fair Labor Standards Act- 29 U.S.C. 201, et seq. d. Hatch Act- 5 U.S.C. 1501, et seq. 2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq. 1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U .S.C. 470(t). 1 g. Archeological and Historic Preservation Act of 1974 - 16 U .S.C. 469 through 469c. 1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et I. Clean Air Act, P.L. 90-148, as amended. J. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 1 02(a) - 42 U.S.C. 4012a.1 I. Title 49, U.S.C., Section 303, (formerly known as Section 4(t)) m. Rehabilitation Act of 1973- 29 U.S.C. 794. n. Civil Rights Act of 1964- Title VI- 42 U.S.C. 2000d through d-4. 0. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq . 1 r. Power plant and Industrial Fuel Use Act of 1978- Section 403- 2 U.S.C. 8373. 1 s. Contract Work Hours and Safety Standards Act- 40 U.S.C. 327, et seq. 1 t. Copeland Anti kickback Act- 18 U .S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U .S.C. 4321, et seq. 1 v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 X. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246- Equal Employment Opportunity 1 Executive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372- Intergovernmental Review of Federal Programs Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction 1 Executive Order 12898- Environmental Justice


Page 174 July 15, 2014

Page 20 of 35

Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates. 1 e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act). 1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 -New restrictions on lobbying. J. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation- effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 1 m. 49 CFR Part 26- Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 -Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.1 o. 49 CFR Part 29- Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. 1 Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-133 -Audits of States, Local Governments, and Non-Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances


Page 175 July 15, 2014

Page 21 of 35

contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public- use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by


Page 176 July 15, 2014

Page 22 of 35

any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements.


Page 177 July 15, 2014

Page 23 of 35

a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's


Page 178 July 15, 2014

Page 24 of 35

employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- I) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and


Page 179 July 15, 2014

Page 25 of 35

2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and


Page 180 July 15, 2014

Page 26 of 35

Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: I) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October I, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: I) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and


Page 181 July 15, 2014

Page 27 of 35

2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing ( l) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; (3) the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and (4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements


Page 182 July 15, 2014

Page 28 of 35

thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (l) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (I) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15,1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a


Page 183 July 15, 2014

Page 29 of 35

contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AlP projects, dated April l6, 2013 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U .S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U .S.C. 3801 ). 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT-assisted contracts. The recipient’s DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).

38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

39. Competitive Access.

a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1) Describes the requests; 2) Provides an explanation as to why the requests could not be

accommodated; and


Page 184 July 15, 2014

Page 30 of 35

3) Provides a time frame within which, if any, the airport will be able to accommodate the requests.

b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.


Page 185 July 15, 2014

Page 31 of 35

Current FAA Advisory Circulars Required for Use in AlP Funded and PFC Approved Projects Updated: 4/16/2013 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisory circulars

NUMBER

.TITLE

70/7460-1K Obstruction Marking and Lighting

150/5020-1

Noise Control and Compatibility Planning for Airports

150/5070-68 Change 1

Airport Master Plans

150/5070-7

The Airport System Planning Process

150/5100-138

Development of State Standards for Nonprimary Airports

150/5200-28D

Notices to Airmen (NOTAMS) for Airport Operators

150/5200-30C

Airport Winter Safety And Operations

150/5200-31c Change 2

Airport Emergency Plan

150/5210-5D

Painting, Marking, and Lighting of Vehicles Used on an Airport

150/5210-7D

Aircraft Rescue and Fire Fighting Communications

150/5210-13C

Airport Water Rescue Plans and Equipment

150/5210-148

Aircraft Rescue Fire Fighting Equipment, Tools and Clothing

150/5210-15A

Aircraft Rescue and Firefighting Station Building Design

150/5210-18A

Systems for Interactive Training of Airport Personnel


Page 186 July 15, 2014

http://www.faa.gov/airports/resources/advisory

Page 32 of 35

NUMBER

TITLE

150/5210-19A

Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports

150/5220-1OE

Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles

150/5220-16D

Automated Weather Observing Systems (AWOS) for Non-Federal Applications

150/5220-17B

Aircraft Rescue and Fire Fighting (ARFF) Training Facilities

150/5220-18A

Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials

150/5220-20 Change 1

Airport Snow and Ice Control Equipment

150/5220-21c Aircraft Boarding Equipment

150/5220-22B

Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns

150/5220-23

Frangible Connections

150/5220-24

Foreign Object Debris Detection Equipment

150/5220-25

Airport Avian Radar Systems

150/5220-26

Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B) Out Squitter Equipment

150/5300-7B

FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes

150/5300-13A

Airport Design

150/5300-14B

Design of Aircraft Deicing Facilities

150/5300-16A

General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey

150/5300-17C

Standards for Using Remote Sensing Technologies in Airport Surveys

150/5300-18B

General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards

150/5320-5C Change 1

Surface Drainage Design

150/5320-6E

Airport Pavement Design and Evaluation


Page 187 July 15, 2014

Page 33 of 35

NUMBER

TITLE

150/5320-12C Changes 1- 8

Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces

150/5320-15A

Management of Airport Industrial Waste

150/5325-4B

Runway Length Requirements for Airport Design

150/5335-5B

Standardized Method of Reporting Airport Pavement Strength- PCN

150/5340-1K Change 1

Standards for Airport Markings

150/5340-5C

Segmented Circle Airport Marker System

150/5340-18F

Standards for Airport Sign Systems

150/5340-30G

Design and Installation Details for Airport Visual Aids

150/5345-3G

Specification for L-821, Panels for the Control of Airport Lighting

150/5345-5B

Circuit Selector Switch

150/5345-?E

Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits

150/5345-1OG

Specification for Constant Current Regulators and Regulator Monitors

150/5345-12F

Specification for Airport and Heliport Beacons

150/5345-13B

Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits

150/5345-26D

FAA Specification For L-823 Plug and Receptacle, Cable Connectors

150/5345-27D

Specification for Wind Cone Assemblies

150/5345-28G

Precision Approach Path Indicator (PAPI) Systems

150/5345-39D

Specification for L-853, Runway and Taxiway Retro reflective Markers

150/5345-42G

Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories

150/5345-43G

Specification for Obstruction Lighting Equipment

150/5345-44J

Specification for Runway and Taxiway Signs

150/5345-45C

Low-Impact Resistant (LIR) Structures


Page 188 July 15, 2014

Page 34 of 35

NUMBER

TITLE

150/5345-46D

Specification for Runway and Taxiway Light Fixtures

150/5345-47C

Specification for Series to Series Isolation Transformers for Airport Lighting Systems

150/5345-49C

Specification L-854, Radio Control Equipment

150/5345-508

Specification for Portable Runway and Taxiway Lights

150/5345-51B

Specification for Discharge-Type Flashing Light Equipment

150/5345-52A

Generic Visual Glideslope Indicators (GVGI)

150/5345-53D

Airport Lighting Equipment Certification Program

150/5345-548

Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems

150/5345-55A

Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure

150/5345-568

Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS)

150/5360-12E

Airport Signing and Graphics

150/5360-13 Change 1

Planning and Design Guidelines for Airport Terminal Facilities

150/5360-14

Access to Airports By Individuals With Disabilities

150/5370-2F

Operational Safety on Airports During Construction

150/5370-1OF

Standards for Specifying Construction of Airports

150/5370-11B

Use of Nondestructive Testing in the Evaluation of Airport Pavements

150/5370-13A

Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt

150/5370-158

Airside Applications for Artificial Turf

150/5370-16

Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements

150/5370-17

Airside Use of Heated Pavement Systems

150/5380-68

Guidelines and Procedures for Maintenance of Airport Pavements

150/5390-2C

Heliport Design


Page 189 July 15, 2014

Page 35 of 35

NUMBER

TITLE

150/5395-1

Seaplane Bases

THE FOLLOWING ADDITIONAL APPLY TO AlP PROJECTS ONLY Updated: 4/16/2013

NUMBER

TITLE

150/5100-140

Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects

150/5100-17 Changes 1-6

Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects

150/5300-98

Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects

150/5300-15A

Use of Value Engineering for Engineering Design of Airports Grant Projects

150/5320-17

Airfield Pavement Surface Evaluation and Rating (PASER) Manuals

150/5370-60 Changes 1-4

Construction Progress and Inspection Report -Airport Grant Program

150/5370-12A

Quality Control of Construction for Airport Grant Projects

150/5380-7A

Airport Pavement Management Program


Page 190 July 15, 2014

ewalker

Typewritten Text


Page 191 July 15, 2014

ewalker

Typewritten Text

VI. K.


Page 192 July 15, 2014


Page 193 July 15, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Authorize Approval for Urban County Program Change Order No.3 Discussion: Discussion and consideration for approval of Urban County Program Change Order No. 3 in the amount not to exceed $22,600.00 for the City of Weslaco Water Treatment Plant 12-Inch Recycle Line and authorize the Mayor to execute all related documents and budget amendments as may be required. Funding Source (budget code, if applicable): 51-550-4010 Amount: $ 9,048.79 Term of Impact: #[1] year(s) Identified in Current Budget: No Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): 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”):

- Change Order No. 3 Responsibilities upon Approval: Upon approval, City Secretary’s office will forward approval to the Public Utilities Department.



Page 194 July 15, 2014


Page 195 July 15, 2014


Page 196 July 15, 2014


Page 197 July 15, 2014


Page 198 July 15, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Hidalgo County Urban County Program Project Final Request for Payment Discussion: Discussion and consideration for approval of Hidalgo County Urban County Program Project –Request For Payment in the amount not to exceed $134,194.46 for the City of Weslaco Water Treatment Plant 12-Inch Recycle Line and authorize the Mayor to execute all related documents and budget amendments as may be required. Funding Source (budget code, if applicable): Amount: Term of Impact: #[] year(s) Identified in Current Budget: No Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): 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”):

- Final Request For Payment - Certificate of Construction Completion - Contractor’s Final Release, Wavier of Liens, and Authorization to Disburse

Funds - One Year Warranty Letter

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



Page 199 July 15, 2014


Page 200 July 15, 2014


Page 201 July 15, 2014


Page 202 July 15, 2014

ewalker

Typewritten Text


Page 203 July 15, 2014


Page 204 July 15, 2014


Page 205 July 15, 2014


Page 206 July 15, 2014


Page 207 July 15, 2014

CSO1406


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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: “City Services Billing Agreement” between the City of Weslaco and North Alamo Water Supply Corporation Discussion: Discussion and consideration to authorize staff to execute “City Services Billing Agreement” between the City of Weslaco and North Alamo Water Supply Corporation and authorize the Mayor to execute all related documents. Funding Source (budget code, if applicable): n/a 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: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”):

- City Services Billing Agreement Responsibilities upon Approval: Upon approval, City Secretary’s office will forward approval to the Public Utilities Department.



Page 208 July 15, 2014


Page 209 July 15, 2014


Page 210 July 15, 2014


Page 211 July 15, 2014


Page 212 July 15, 2014


Page 213 July 15, 2014


Page 214 July 15, 2014


Page 215 July 15, 2014


Page 216 July 15, 2014


Page 217 July 15, 2014


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 100 South Cedro Street, also known as Lot 1, Block 4, Weslaco Original Townsite Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 218 July 15, 2014

City of Weslaco “The City on the Grow” July 11, 2014

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




Fidel L. Peňa, III, Commissioner, District 6


Mr. & Mrs. Carlos & Amalia Pena 808 Orange Ave. Weslaco, Tx 78596-7119

Notice of Public Hearing RE: Dilapidated Structure at 100 South Cedro Street, Legally described as being; Weslaco Original Townsite, Block 4, Lot 1 Dear Mr. or Mrs. Pena Please be advised that the City’s Planning and Code Enforcement Department believes the main structure at the above address is in violation of Weslaco, Texas Code of Ordinance Chapter 26 Article VIII. Unsanitary & Dangerous Buildings, Sec. 26-225 because it is dilapidated, substandard, or it has become unfit for human habitation and it is a hazard to the health, safety and welfare of the citizens of the City of Weslaco. Staff has completed inspections of the structure and property and expects to recommend to the City Commission in the near future that the structure either be repaired to current building codes or demolished by the owner. July 15, 2014 has been set as the date for a Public Hearing, the City Commission is likely to order that the property be repaired to current building codes or demolished within 60 days as recommended by staff. It is important that you attend the public hearing, because you are allowed to voice your opinion on behalf of your property. Please note that any other citizen(s) present may voice their opinions as well. The City Commission, depending on the evidence presented, may find that the building or premise is a public nuisance and may direct that the building or premise be either repaired or removed. At no time will repairs or removal of the building or premise be required less than fifteen (15) days from the public hearing day or exceed more than sixty (60) days from the public hearing date. I If the City Commission votes to remove or repair the building on your property and you do not comply within the time restraints set forth by the Commission, the City of Weslaco may cause the demolition of the building on your property and all the costs and expenses incurred, including administrative costs will be charged to yu against the property. A lien will be placed on property in the amount of all expenses and charges incurred.

IT IS VERY IMPORTANT THAT YOU CONTACT ME AS SOON AS POSSIBLE REGARDING THIS MATTER SO WE CAN KNOW THE ACTIONS YOU WILL TAKE REGARDING THIS PROPERTY. CONTACT ME AT (956) 447-3401 EXT # 3122 MON- FRI 8AM- 5PM Sincerely, Rolando Gonzalez Building Official


Page 219 July 15, 2014


Page 220 July 15, 2014


Page 221 July 15, 2014


Page 222 July 15, 2014


Page 223 July 15, 2014


Page 224 July 15, 2014


Page 225 July 15, 2014


Page 226 July 15, 2014


Page 227 July 15, 2014


Page 228 July 15, 2014


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 110 North Pino Street, also known as Lot 5, 6, Block 15, Northside Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 229 July 15, 2014

City of Weslaco “The City on the Grow” July 11, 2014

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




Fidel L. Peňa, III, Commissioner, District 6


Mr. Gabriel A. Martinez 1833 Berkeley Way Santa Maria, CA 93454-1598

Notice of Public Hearing RE: Dilapidated Structure at 110 North Pino Street, Legally described as being; Northside, Block 15, Lot 5-6 Dear Mr. or Mrs. Pena Please be advised that the City’s Planning and Code Enforcement Department believes the main structure at the above address is in violation of Weslaco, Texas Code of Ordinance Chapter 26 Article VIII. Unsanitary & Dangerous Buildings, Sec. 26-225 because it is dilapidated, substandard, or it has become unfit for human habitation and it is a hazard to the health, safety and welfare of the citizens of the City of Weslaco. Staff has completed inspections of the structure and property and expects to recommend to the City Commission in the near future that the structure either be repaired to current building codes or demolished by the owner. July 15, 2014 has been set as the date for a Public Hearing, the City Commission is likely to order that the property be repaired to current building codes or demolished within 60 days as recommended by staff. It is important that you attend the public hearing, because you are allowed to voice your opinion on behalf of your property. Please note that any other citizen(s) present may voice their opinions as well. The City Commission, depending on the evidence presented, may find that the building or premise is a public nuisance and may direct that the building or premise be either repaired or removed. At no time will repairs or removal of the building or premise be required less than fifteen (15) days from the public hearing day or exceed more than sixty (60) days from the public hearing date. I If the City Commission votes to remove or repair the building on your property and you do not comply within the time restraints set forth by the Commission, the City of Weslaco may cause the demolition of the building on your property and all the costs and expenses incurred, including administrative costs will be charged to yu against the property. A lien will be placed on property in the amount of all expenses and charges incurred.

IT IS VERY IMPORTANT THAT YOU CONTACT ME AS SOON AS POSSIBLE REGARDING THIS MATTER SO WE CAN KNOW THE ACTIONS YOU WILL TAKE REGARDING THIS PROPERTY. CONTACT ME AT (956) 447-3401 EXT # 3122 MON- FRI 8AM- 5PM Sincerely, Rolando Gonzalez Building Official


Page 230 July 15, 2014


Page 231 July 15, 2014


Page 232 July 15, 2014


Page 233 July 15, 2014


Page 234 July 15, 2014


Page 235 July 15, 2014


Page 236 July 15, 2014


Page 237 July 15, 2014


Page 238 July 15, 2014


Page 239 July 15, 2014


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 111 North Cantu Street, also known as Lot 9.10, Block 11, Ramona Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 240 July 15, 2014


Page 241 July 15, 2014


Page 242 July 15, 2014


Page 243 July 15, 2014


Page 244 July 15, 2014


Page 245 July 15, 2014


Page 246 July 15, 2014


Page 247 July 15, 2014


Page 248 July 15, 2014


Page 249 July 15, 2014


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 111 South Palmas Street, also known as Lot 11, Block 4, Weslaco Townsite Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 250 July 15, 2014


Page 251 July 15, 2014


Page 252 July 15, 2014


Page 253 July 15, 2014


Page 254 July 15, 2014


Page 255 July 15, 2014


Page 256 July 15, 2014


Page 257 July 15, 2014


Page 258 July 15, 2014


Page 259 July 15, 2014


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 112 South Missouri Street, also known as Lot 7, Block 2, Weslaco Original Townsite Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 260 July 15, 2014


Page 261 July 15, 2014


Page 262 July 15, 2014


Page 263 July 15, 2014


Page 264 July 15, 2014


Page 265 July 15, 2014


Page 266 July 15, 2014


Page 267 July 15, 2014


Page 268 July 15, 2014


Page 269 July 15, 2014


Page 270 July 15, 2014


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 127 South Garza Street, also known as Lot 20, Block 2, Paloma Addition Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 271 July 15, 2014


Page 272 July 15, 2014


Page 273 July 15, 2014


Page 274 July 15, 2014


Page 275 July 15, 2014


Page 276 July 15, 2014


Page 277 July 15, 2014


Page 278 July 15, 2014


Page 279 July 15, 2014


Page 280 July 15, 2014


Page 281 July 15, 2014


Page 282 July 15, 2014


Page 283 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. I & VI. U

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 230 North Pino Street, also known as Lot 1, Block 10, Northside Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 284 July 15, 2014


Page 285 July 15, 2014


Page 286 July 15, 2014


Page 287 July 15, 2014


Page 288 July 15, 2014


Page 289 July 15, 2014


Page 290 July 15, 2014


Page 291 July 15, 2014


Page 292 July 15, 2014


Page 293 July 15, 2014


Page 294 July 15, 2014


Page 295 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. J. and VI. V.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 414 North Kansas Avenue, also known as Lot 8, Block 5, Gonzalez Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 296 July 15, 2014


Page 297 July 15, 2014


Page 298 July 15, 2014


Page 299 July 15, 2014


Page 300 July 15, 2014


Page 301 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. K. and VI. W.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 509 South Texas Boulevard, also known as Lot 39-40, Block 42, Weslaco Original Townsite Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 302 July 15, 2014


Page 303 July 15, 2014


Page 304 July 15, 2014


Page 305 July 15, 2014


Page 306 July 15, 2014


Page 307 July 15, 2014


Page 308 July 15, 2014


Page 309 July 15, 2014


Page 310 July 15, 2014


Page 311 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. L. and VI. X.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 600 East Los Torritos, also known as Lot 16, Block 6, Ramona Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to repair and remodel within 90 days. Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 312 July 15, 2014


Page 313 July 15, 2014


Page 314 July 15, 2014


Page 315 July 15, 2014


Page 316 July 15, 2014


Page 317 July 15, 2014


Page 318 July 15, 2014


Page 319 July 15, 2014


Page 320 July 15, 2014


Page 321 July 15, 2014


Page 322 July 15, 2014


Page 323 July 15, 2014


Page 324 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. M. and VI. Y.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 1301 East Davenport Street, also known as Lot18,19,20, Block 10 Davenport #1 Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 325 July 15, 2014


Page 326 July 15, 2014


Page 327 July 15, 2014


Page 328 July 15, 2014


Page 329 July 15, 2014


Page 330 July 15, 2014


Page 331 July 15, 2014


Page 332 July 15, 2014


Page 333 July 15, 2014


Page 334 July 15, 2014


Page 335 July 15, 2014


Agenda Item No. (to be assigned by CSO): III. N. and VI. Z.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Interim Planning Director/City Engineer, Planning & Code Enfor. Subject: Discussion and Consideration of the following unoccupied building located at 2101 West Beaumont Drive, also known as Lot 9, Block 4, Expressway Heights Subdivision, Hidalgo County, Texas. Discussion: To discuss the following unoccupied building on premises to determine if they have become dilapidated, substandard, unfit for human habitation and hazard to the health, safety and welfare of the citizens of the City of Weslaco as per Weslaco Ordinance Chapter 26 Article VIII Unsanitary & Dangerous Buildings, Sec. 26-225. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Board of Adjustments and Appeals to the Building Codes recommends to demolish Recommendation for Commission Action: Staff recommends that the structure(s) be declared a public nuisance and that the City Commission order that it be demolished by the owner within sixty (60) days Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Pictures, Letters, Building and Fire Inspection Report, Appraisal District, Title Research Report Responsibilities upon Approval: Staff will notified owner



Page 336 July 15, 2014


Page 337 July 15, 2014


Page 338 July 15, 2014


Page 339 July 15, 2014


Page 340 July 15, 2014


Page 341 July 15, 2014


Page 342 July 15, 2014


Page 343 July 15, 2014


Page 344 July 15, 2014


Page 345 July 15, 2014

ewalker

Typewritten Text


Page 346 July 15, 2014


Page 347 July 15, 2014

Documents

14 07 15 agenda supplements