14 12 02 agenda supplements

Date of Meeting: December 2, 2014

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

From (name, title, department and who submitting on behalf of, if any): Rebekah de la Fuente, Interim City Secretary Subject: Call to Order, includes the following:

A. Certification of Public Notice. B. Invocation. C. Pledge of Allegiance. D. Roll Call.

Background: A. Mayor will Call to Order and certify Public Notice. B. Deacon Juan Delgado from San Martin de Porres will lead the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. Records Specialist will call roll.

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

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

Page 1 December 2, 2014

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David Suarez, Mayor Olga M. Noriega, Mayor Pro-Tem, District 2

David R. Fox, Commissioner, District 1 Greg Kerr, 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



A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, NOVEMBER 18, 2014

On this 18th day of November 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 Olga Noriega Commissioner David R. Fox Commissioner Greg Kerr Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Fidel L. Pena, III

Interim City Manager Elizabeth Walker

Records Specialist Nicole Mowbray Interim City Attorney Frank Garza Also present: Juan Salas, IT Department; Sonia Flores, Assistant Finance Director; Trinidad Cantu, Assistant Public Utilities Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Interim Chief Chris Sanchez, Fire Department; Ted Walensky, Police Department; David Arce, Parks and Recreation Director; Veronica Ramirez, Human Resources Director; Olga Garza, Public Facilities Assistant Director; George Garrett, Airport Director; Martin Mata, Library Assistant Director; Joe Pedraza, Health Official; Gloria Givilancz, Grants Compliance Coordinator, 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, November 14, 2014.

B. Invocation. Pastor Art Beckwith from RGV Fellowship Church delivered the invocation.

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

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

II. EXECUTIVE SESSION



At 5:33 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 7:24 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

III. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Personnel – Discussion regarding the continued employment of Weslaco City Manager Leonardo Olivares as authorized by §551.074 of the Texas Government Code. Mayor Pro-Tem Noriega, seconded by Commissioner Pena, moved to terminate the employment of Weslaco City Manager Leonardo Olivares, effective immediately. By roll call vote, the motion carried with Commissioners Rivera, Tafolla and Fox opposed; Mayor Suarez was present and voting.

B. Personnel – Discussion regarding the appointment of an Interim City Manager for the City of Weslaco by §551.074 of the Texas Government Code. Commissioner Pena, seconded by Commissioner Fox, moved to appoint Elizabeth Walker as Interim City Manager, effective immediately. The motion carried unanimously; Mayor Suarez was present and voting.

IV.

PUBLIC COMMENTS

Trinidad Cantu stated a Water Advisory will be in effect for the evening of November 19, 2014; there will be an interruption in water service scheduled due to a water tie-in on an 18-inch water line related to the airport expansion project.

V. PUBLIC HEARINGS

A. To solicit input on behalf of Adriana Vela for a Conditional Use Permit a obtain a Mixed Beverage Late Hours Permit at 415 South International Boulevard, also being Lot 1, Block 1, Palm Aire Subdivision, Weslaco, Hidalgo County, Texas.

B. To solicit input on behalf of Dolgencorp of Texas Inc. d/b/a Dollar General for a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off- Premise Permit at 2905 North Westgate, also being Lot 1, RSBR Westgate Subdivision, Weslaco, Hidalgo County, Texas.

C. To solicit input on behalf of Irene Kaplan to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1902 East 18th St., also being 6.48 acres of Farm Tract 770, West Tract Subdivision, Weslaco, Hidalgo County, Texas,



from R-1 One Family Dwelling District to PUD Planned Unit Development.

D. To solicit input on behalf of Paula Villanueva to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 3602 North Texas Blvd., also West Tract Northwest 1.25 acres an Irrigation Tract S228’-N558’-W345’ of Farm Tract 109, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District.

E. To solicit input on behalf of Marcelo Garcia to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 4019 Moreland Drive, also being Lot 2, Royal Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-2 Secondary and Highway Business District.

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F. To solicit input on behalf of Arturo Ramos to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1609 Davenport St., also being Lots 2-7, Block 7, Davenport Subdivision #1, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District. At 7:33 p.m. Mayor Pro-Tem Noriega, seconded by Commissioner Pena, moved to open the public hearings concurrently. The motion carried unanimously; Mayor Suarez was present and voting. Regarding item V. A., Mardoqueo Hinojosa advised the applicant had chosen to withdraw their application for the Conditional Use Permit. Regarding item V. D., Paula Villanueva clarified she was looking to rezone this property to use it as an office location for collection of payments only. No comments were received for items V. B , C, E or F. Commissioner Tafolla, seconded by Commissioner Fox, moved to close the public hearings concurrently at 7:40 p.m. The motion carried unanimously; Mayor Suarez was present and voting.

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

A. Approval of the Minutes of the following: 1) Regular Meeting on November 3, 2014 and 2) Special Meeting on November 12, 2014. (Staffed by City Secretary’s

Office.) Attachment.



B. Approval on Second and Final Reading of Ordinance 2014-18 regarding the voluntary annexation of Sinai Subdivision also being the 4.24 acre tract of land out of Farm Tract No. 708, West & Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, located east of Mile 3 ½ West, approximately 2,027 feet north of Mile 6 North Road. (First reading held October 21, 2014; Staffed by Planning and Code Enforcement.) Attachment.

C. Authorization of the solicitation of proposals for City of Weslaco municipal pool rehabilitation at Isaac Rodriguez Park and authorize the Mayor to execute any related documents. (Staffed by Parks and Recreation Department.) Attachment.

D. Approval of the 2015 Calendar Year City of Weslaco Holiday Schedule. (Staffed by Human Resources Department.) Attachment.

E. Approval of the annual request by the Economic Development Corporation of Weslaco to host the 2014 Mid-Valley Christmas Lighted Parade on Thursday, December 18, 2014 from 6:00 p.m. – 9:00 p.m. on Texas Boulevard from Pike Boulevard to Sixth Street, approve the use of City Hall parking lot to host Alfresco Weslaco after the parade, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by the Economic Development Corporation of Weslaco.) Attachment.

F. Authorization of the utilization of Federal Equitable Sharing funds in the amount not to exceed $30,000.00 for the purchase of computers and software for the Communications Division, cell phone services and air cards used by CID, and Actsoft fleet tracking and Watchguard for patrol units, authorize a budget amendment as appropriate and authorize the Mayor to execute any related documents. (Staffed by Police Department.) Attachment. Commissioner Kerr and Mayor Pro-Tem Noriega requested items VI. B and VI. E be withdrawn from the consent agenda for further consideration, respectively. Commissioner Tafolla, seconded by Commissioner Pena, moved to approve items IV. A, C, D, and F as presented. The motion carried unanimously; Mayor Suarez was present and voting.

VII. APPOINTMENTS Standard Documentation on Appointments



A. Discussion and consideration to remove one member from the Parks and Recreation Advisory Board and to approve Resolution 2014-46 appointing one member to that unexpired term and authorize the Mayor to execute any related documents. Possible action. (Requested by Mayor Pro-Tem Noriega and the Mayor.) Attachment. Interim City Manager Elizabeth Walker clarified Edward Mejia had resigned from the Parks and Recreation Advisory Board. Mayor Pro-Tem Noriega, seconded by Commissioner Pena, moved to appoint Rick Rodriguez to the unexpired term on the Parks and Recreation Advisory Board. The motion carried unanimously; Mayor Suarez was present and voting. For the record, Resolution 2014-46 reads as follows:

RESOLUTION NO. 2014-46

A RESOLUTION OF THE CITY OF WESLACO REMOVING ONE MEMBER AND APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD.

WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; however, following the restructuring of this Board to consist of seven members, this term shall be assigned for two years so that terms are staggered such that no quorum of members expires simultaneously; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Edward Mejia is removed from the Parks & Recreation Advisory Board and Rick Rodriguez is appointed to serve an unexpired term on the Parks & Recreation Advisory Board; the term will begin on November 19, 2014 and end on November 18, 2016. PASSED AND APPROVED on this 18th day of November 2014.

CITY OF WESLACO /s/David Suarez, MAYOR

ATTEST: /s/Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM: /s/ CITY ATTORNEY

VI. CONSENT AGENDA

B. Approval on Second and Final Reading of Ordinance 2014-18 regarding the



voluntary annexation of Sinai Subdivision also being the 4.24 acre tract of land out of Farm Tract No. 708, West & Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, located east of Mile 3 ½ West, approximately 2,027 feet north of Mile 6 North Road. (First reading held October 21, 2014; Staffed by Planning and Code Enforcement.) Attachment. Commissioner Kerr, seconded by Commissioner Tafolla, moved to table this item until the next regular meeting. The motion carried unanimously; Mayor Suarez was present and voting.

E. Approval of the annual request by the Economic Development Corporation of Weslaco to host the 2014 Mid-Valley Christmas Lighted Parade on Thursday, December 18, 2014 from 6:00 p.m. – 9:00 p.m. on Texas Boulevard from Pike Boulevard to Sixth Street, approve the use of City Hall parking lot to host Alfresco Weslaco after the parade, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by the Economic Development Corporation of Weslaco.) Attachment. Mayor Pro-Tem Noriega stated she had received some messages from the public to reschedule the parade to be held on a Friday evening. Joey Trevino apologized, and explained that the idea was to host Alfresco Weslaco after the parade, which is traditionally held on Thursdays. Moreover, because arrangements for the ice skating rink have already been made to have it on Thursday, the parade cannot be rescheduled at this time. However, he will look to schedule the parade on a Friday evening next year. Commissioner Rivera, seconded by Commissioner Pena, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

VIII. NEW BUSINESS

A. Discussion and consideration after public hearing on behalf of Adriana Vela to approve a Conditional Use Permit to obtain a Mixed Beverage Late Hours Permit at 415 South International Boulevard, also being Lot 1, Block 1, Palm Aire Subdivision, Weslaco, Hidalgo County, Texas, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. There was no action on this item.

B. Discussion and consideration after public hearing on behalf of Dolgencorp of Texas Inc. d/b/a Dollar General to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off- Premise Permit at 2905 North Westgate, also



being Lot 1, RSBR Westgate Subdivision, Weslaco, Hidalgo County, Texas, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. Interim City Manager Elizabeth Walker stated that staff recommended approval of this item. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

C. Discussion and consideration after public hearing on behalf of Irene Kaplan to approve Ordinance 2014-22, amending Ordinance 320 and the City of Weslaco Zoning map to rezone 1902 East 18th Street, also being 6.48 acres of Farm Tract 770, West Tract Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to PUD Planned Unit Development. First Reading of Ordinance 2014-22. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. Interim City Manager Elizabeth Walker stated the Planning and Zoning Commission had tabled this item at their last meeting due to the fact the applicant was pursuing an R-2 designation. In response to Mayor Pro-Tem Noriega, Mardoqueo Hinojosa stated this item had been posted in the newspaper as a PUD. However, because the property does not meet the criteria for a PUD, he recommended it be rezoned as R-2 Duplex and Apartment District. He added it would not be necessary to conduct another public hearing on this item. Commissioner Pena, seconded by Commissioner Rivera, moved to approve the rezone of 1902 East 18th Street as R-2 Duplex and Apartment District. The motion carried unanimously; Mayor Suarez was present and voting.

D. Discussion and consideration after public hearing on behalf of Paula Villanueva to approve Ordinance 2014-19, amending Ordinance 320 and the City of Weslaco Zoning map to rezone 3602 North Texas Blvd., also West Tract Northwest 1.25 acres an Irrigation Tract S228’-N558’-W345’ of Farm Tract 109, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District. First Reading of Ordinance 2014-19. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the rezone of 3602 North Texas Blvd. as B-1 Neighborhood Office District. Commissioner Pena stated he wanted a restriction in place regarding the



parking of garbage collection vehicles on the property. Mardoqueo Hinojosa explained that it is the floorplan of the property that determines the amount of parking that is required; however, there is nothing in writing that specifies the type of vehicle. Commissioner Rivera and Commissioner Tafolla both withdrew their original motion. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the rezone of 3602 North Texas Blvd. as B-4 Neighborhood Office District. The motion carried unanimously; Mayor Suarez was present and voting.

E. Discussion and consideration after public hearing on behalf of Marcelo Garcia to approve Ordinance 2014-20, amending Ordinance 320 and the City of Weslaco Zoning map to rezone 4019 Moreland Drive, also being Lot 2, Royal Subdivision, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-2 Secondary and Highway Business District. First Reading of Ordinance 2014-20. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

F. Discussion and consideration after public hearing on behalf of Arturo Ramos to approve Ordinance 2014-21, amending Ordinance 320 and the City of Weslaco Zoning map to rezone 1609 Davenport St., also being Lots 2-7, Block 7, Davenport Subdivision #1, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District. First Reading of Ordinance 2014-21. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. Interim City Manager Elizabeth Walker stated the Planning and Zoning Commission approved the rezone of 1609 Davenport St. as B-4 Neighborhood Office District. Commissioner Tafolla, seconded by Commissioner Fox, moved to approve the rezone of 1609 Davenport St. to B-4 Neighborhood Office District. The motion carried unanimously; Mayor Suarez was present and voting.

G. Discussion and consideration to approve the Final Plat of Midway Court Phase III, being 11.262 acres out of Farm Tract 644, Block 177, West & Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, located at the Northeast intersection of Midway Road (Mile 7 West Road) and Mile 6 ½ North, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code



Enforcement Department.) Attachment. Interim City Manager Elizabeth Walker stated the Planning and Zoning Commission recommended approval of this item. In response to Commissioner Tafolla, Mardoqueo Hinojosa clarified the developer will install appropriate streetlights. Commissioner Tafolla, seconded by Commissioner Pena, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

H. Discussion and consideration to award the best qualified, most advantageous proposal for the Request for Proposals for the Design/Build Irrigation System for the Detention Pond on Sugarcane Drive between Cleckler-Heald Elementary and Beatriz Garza Middle School, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. Interim City Manager Elizabeth Walker stated staff recommended DDI as the best qualified, most advantageous proposal. Commissioner Tafolla, seconded by Commissioner Rivera, moved to award DDI as the most advantageous proposal. The motion carried unanimously; Mayor Suarez was present and voting.

I. Discussion and consideration to adopt Sidewalk Transition Plan to provide means of compliance with Americans with Disabilities Act (ADA) standards. Possible action. (Staffed by Planning & Code Enforcement Department.) Attachment. Interim City Manager Elizabeth Walker stated in light of a recent settlement agreement, the City will inspect all sidewalks to ensure they are compliant with ADA standards. In response to Commissioner Tafolla, Mardoqueo Hinojosa stated the reason why this project will take some time is due to budgeting issues. Commissioner Pena, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

J. Discussion and consideration to award the best qualified, most advantageous bidder in response to the Request for Qualifications 2013-14-12 Water Storage Tank Engineering Inspection and Evaluation Services for the tank located on



Bridge Avenue and Kansas Avenue, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. Commissioner Rivera left the dais. Interim City Manager Elizabeth Walker stated it was staff’s recommendation to award Dunham Engineering as the best qualified, most advantageous bidder. Trinidad Cantu explained inspections should be done annually; however, due to the fact that an inspection has not been completed in many years, it could not be determined when the last inspection was actually done. As a result, the Texas Commission on Environmental Quality (TCEQ) had issued a Notice of Violation, and has advised this is now considered a corrective action. Mr. Cantu stated the money to fund this service would come from the Utility Fund, and has already been budgeted. George Garrett also spoke on the necessity of these services, as the tower has now become too unsafe for workers to climb in order to service the communication lines that are on the tower. Commissioner Pena, seconded by Commissioner Fox, moved to approve Dunham Engineering as the most advantageous bidder. The motion carried unanimously; Mayor Suarez was present and voting.

K. Discussion and consideration to authorize Buyboard contract 401-12 to vendor Superior Alarm in an amount not to exceed $48,954.86 to upgrade the CCTV system at City Hall and Public Facilities building with servers and additional cameras, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. There was no action taken on this item.

L. Discussion and consideration to select the sole respondent to Request For Qualifications No. 2014-15-05 City Attorney/Legal Services for the City of Weslaco and authorize the Interim City Manager to negotiate a professional services agreement. Possible Action. (Staffed by City Manager’s Office.) Attachment.

At 8:31 p.m., the Mayor announced the regular meeting to convene in Executive Session for the discussion of items VIII. L and N. At 9:02 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public. Commissioner Pena, seconded by Commissioner Fox, moved to approve the



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

N. Discussion and consideration to authorize the Notice of Termination for the Legislative Assistance Agreement with Caballero Governmental Affairs pursuant to Section III of the agreement and authorize the Mayor to execute any related documents. Possible action. (Requested by Mayor Pro-Tem Noriega and Commissioner Pena.) Attachment. Commissioner Fox, seconded by Commissioner Tafolla, moved to take item VIII. N. out of sequence. Mayor Pro-Tem Noriega stated this decision was being made for the fact the City has other important priorities than lobbyists; this money needs to be used for projects that will help the City at this time, including maintenance of streets and parks. Commissioner Tafolla thanked Caballero Governmental Affairs for their service. Mayor Pro-Tem Noriega, seconded by Commissioner Pena, moved to approve the item as presented. By roll call vote, the motion carried with Commissioners Rivera, Tafolla and Fox opposed; Mayor Suarez was present and voting.

M. Discussion and consideration to authorize the Notice of Termination for the Contract with Linebarger Goggan Blair & Sampson, LLP for the collection of delinquent municipal fines and fees pursuant to Article 6.02 of the contract and authorize the Mayor to execute any related documents. Possible action. (Staffed by City Secretary’s Office.) Attachment. Interim City Manager Elizabeth Walker stated the contract contains a 60-day notice provision; this meeting is the last regular meeting before the 60-day period will begin. Commissioner Pena, seconded by Mayor Pro-Tem Noriega, moved to approve the item as presented. The motion carried with Commissioners Rivera, Tafolla and Fox opposed; Mayor Suarez was present and voting.

O. Discussion and consideration to designate Tamez Financial Group, LLC of 1022 South Texas Blvd Weslaco, Texas 78596 as the Agent of Record for the City of Weslaco’s Current Group Health Plan (Blue Cross Blue Shield), Life Insurance Plan (ING), and Short and Long Term Disability Plans (Lincoln). Possible Action. (Requested by the Mayor.)

Commissioner Fox stated he wished to abstain from the vote.



Mayor Pro-Tem Noriega, seconded by Commissioner Pena, moved to approve the item as presented. The motion carried with Commissioner Kerr opposed; Mayor Suarez was present and voting.

P. Discussion and consideration to remove the five (5) current Directors of the Economic Development Corporation of Weslaco pursuant to its authority under Article 6.4 of the Articles of Formation. Possible Action. (Requested by Mayor Pro-Tem Noriega and the Mayor.)

Commissioner Pena, seconded by Mayor Pro-Tem Noriega, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.56

Q. Discussion and Consideration to Amend the Articles of Formation of the Economic Development Corporation of Weslaco to increase the number of Directors from five (5) to seven (7) and that the Directors not be Weslaco City Commissioners and be Citizens of Weslaco and authorize the Mayor to execute any related documents. Possible Action. (Requested by Mayor Pro-Tem Noriega and the Mayor.)

Mayor Pro-Tem Noriega explained she had always been against permitting City Commissioners to serve on the Economic Development Corporation Board of Directors for the purposes of checks and balances. Commissioner Pena, seconded by Mayor Pro-Tem Noriega, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

R. Discussion and consideration to negotiate an Interlocal Agreement with the Weslaco Independent School District to provide storm shelters, warming stations, safe havens, and/or other shelters for the citizens of Weslaco and homeless individuals during inclement weather or when an urgent and compelling need exists for their health and safety. Possible Action. (Requested by Mayor Pro-Tem Noriega and the Mayor.) George Garrett spoke in support of this item, stating that the City should reach out to the clergy of the area to utilize a facility nearby as a shelter for the citizens of Weslaco. Mayor Pro-Tem Noriega, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present and voting.

IX. ADJOURNMENT



With no other business before the Commission, at 9:33 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the November 18, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present and voting.

CITY OF WESLACO

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

MAYOR PRO-TEM, Olga Noriega

COMMISSIONER, David R. Fox

_______

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



ORDINANCE NO. 2014-20 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 4019 MORELAND DRIVE, ALSO BEING LOT 2, ROYAL SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO B-2 SECONDARY AND HIGHWAY BUSINESS DISTRICT BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 Single Family Dwelling District to B-2 Secondary and Highway Business District, Lot 2 of Royal Subdivision,, also being 4019 Moreland Drive, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th day of November, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 2nd day of December, 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, INTERIM CITY ATTORNEY



ORDINANCE NO. 2014-21 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1609 DAVENPORT ST., ALSO BEING LOTS 2-7, BLK 7, DAVENPORT SUBDIVISION #1, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO B-4 NEIGHBORHOOD OFFICE DISTRICT BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 One Family Dwelling District to B-4 Neighborhood Office District, being Lots 2-7, Blk 7, Davenport Subdivision #1, Weslaco, Hidalgo County, Texas, also being 1609 Davenport St., Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th day of November, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 2nd day of December, 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, INTERIM CITY ATTORNEY



ORDINANCE NO. 2014-22 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1902 EAST 18TH ST., ALSO BEING LOTS 1, AVOCADO HEIGHTS SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO R-2 DUPLEX AND APARTMENT DISTRICT. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 One Family Dwelling District to R-2 Duplex and Apartment District, being Lots 1, Blk 7, Avocado Heights Subdivision, Weslaco, Hidalgo County, Texas, also being 1902 East 18th St., Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th day of November, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 2nd day of December, 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, INTERIM CITY ATTORNEY







Date of Meeting: Dec. 2, 2014 Agenda Item No. (to be assigned by CSO):

From: Arnoldo Becho, Library Director, Mayor Joe V. Sanchez Public Library Subject: The Mayor Joe V Sánchez Public Library would like to request that authors and presenters be allowed to sell their associated books or merchandise when providing a free program to the public. Any item to be sold would need approval from the Library Director and Library Staff will not assist with the transactions. Discussion: The Library often brings in authors and presenters for the public and occasionally they have goods which they would like to sell. The Library would like to allow this activity so long as the items are of appropriate nature, the program is free and open to the public, and library staff is not asked to take any part in the transaction. Funding Source (budget code, if applicable): N/A Amount: N/A Term of Impact: N/A 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): The Library Board recommends approval. Recommendation for Commission Action: The Library recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: Following approval the library will begin exchanging If a presenter request the sale of an item, the Library Director will evaluate the appropriateness of the item and allow or disallow the presenter’s representatives to sell the item.




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APPROVED AS TO FORM:______________________________________________________ Frank Garza, INTERIM CITY ATTORNEY

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Approved as to Form: __________________________________

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Frank Garza, Interim City Attorney

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

From (name, title, department and who submitting on behalf of, if any): Sonia Flores, Assistant Finance Director Subject: To amend Resolution No. 2013-10 Background: Update authorized representatives listed on the signature card for BBVA Compass Bank. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ x] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Staff Recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Plains Capital Resolution Responsibilities upon Approval: Amended Resolution will be sent to BBVA Compass Bank for continuing operation.





STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION AUTHORIZING MAYOR DAVID SUAREZ, MEMBERS OF THE CITY COMMISSION, AND APPROPRIATE STAFF AS SIGNATORIES ON CERTAIN LEGAL FINANCIAL DOCUMENTS FOR THE CITY OF WESLACO

1. I, Rebekah De La Fuente, certify that I am the Interim City Secretary of The City of

Weslaco, organized under the laws of Texas, Federal Employer ID Number 74-6002544, engaged in Municipal business under the name of the City of Weslaco, and that the following is a correct copy of the resolution adopted at a meeting of the City Commission duly and properly called and held on December 2, 2014. This resolution appears in the minutes of this meeting and has not been rescinded or modified.

2. Be it Resolved that,

(a) BBVA Compass Bank is designated as a depository for the funds of the City of Weslaco.

(b) This resolution shall continue to have effect until express written notice of its

rescission or modification has been received and recorded by this Financial Institution.

(c) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and

borrowings by or on behalf of the City of Weslaco with this financial institution prior to the adoption of this resolution are hereby ratified, approved and confirmed.

(d) Any of the persons named below, so long as they act in a representative capacity as

agents of the City of Weslaco, are authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated below, from time to time with this financial institution, concerning funds deposited in this financial institution, moneys borrowed from this financial institution or any other business transacted by and between the City of Weslaco and this financial institution subject to any restrictions stated below.

(e) Any and all prior resolutions adopted by the City Commission of the City of Weslaco

and certified to this Financial Institution as governing the operations of the City of Weslaco’s account(s), are in full force and effect, unless supplemented or modified by this authorization.

(f) The City of Weslaco agrees to the terms and conditions of any account agreement,

properly opened by any authorized representative(s) of the City of Weslaco, and authorizes the financial institution named above, at anytime, to charge the City of Weslaco for all checks, drafts, or other orders, for the payment of money, that are



properly drawn on this financial institution, and contain the required number of signatures for this purpose.

3. The officials designated below are authorized to conduct business as indicated:

Name and Title Signature (A) David Suarez, Mayor

(B) Olga Noriega, Mayor Pro-Tem

(C) David R. Fox, Commissioner

(D) Greg Kerr, Commissioner

(E) Gerardo Tafolla, Commissioner

(F) Lupe Rivera, Commissioner

(G) Fidel Peña, Commissioner

(H) Elizabeth Walker, Interim City Manager_____

(I) Rebekah De La Fuente, Interim City Secretary

(J) Sonia Flores, Assistant Finance Director

Indicate A, B, C, D and/or E A – H (1) Exercise all of the powers listed (2) through (9) A – H, J (2) Open any deposit or checking account(s) in the name of the City of Weslaco A – H (3) Endorse checks and orders for the payment of money and withdraw funds

on deposit with this financial institution. Number of authorized signatures required for this purpose 2. Number of authorized signatures required for payroll purpose 1. A – H (4) Open any certificate of deposit account and withdraw or transfer funds

from the certificate of deposit on deposit with this financial institution. Number of authorized signatures required for this purpose 2. A – H, J (5) Transfer funds from operations account to the payroll account, investment

account or paying agent approved by City Commission by telefax or other electronic means. Number of authorized signatures required for this purpose 1.

A – H (6) Borrow money on behalf and in the name of the City of Weslaco executes and delivers promissory notes or other evidences of indebtedness.



Number of authorized signatures required for this purpose 2. A – H (7) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse

receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the City of Weslaco as security for sums borrowed and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment.

Number of authorized signatures required for this purpose 1. A – H, J (8) Enter into written lease for the purpose of renting and maintaining a Safe

Deposit Box in this financial institution. Number of authorized signatures required to gain access and to terminate the lease 1.

A – K, J (9) Authorized to make inquiries as to status, account balance pertaining to

the City of Weslaco. 4. I further certify that the City Commission of the City of Weslaco has, and at the time of

adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the power granted to the persons named who have full power and lawful authority to exercise the same.

In Witness Whereof, I have hereunto subscribed my name and affixed the seal of this Corporation on December 2, 2014

CITY OF WESLACO

David Suarez, MAYOR

ATTEST: Rebekah De La Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, INTERIM CITY ATTORNEY




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

From (name, title, department and who submitting on behalf of, if any): Sonia Flores, Assistant Finance Director Subject: To amend Resolution No. 2013-11 Background: Update authorized representatives listed on the signature card for Plains Capital Bank account. Funding Source (budget code, if applicable): Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ x] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Staff Recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Plains Capital Resolution Responsibilities upon Approval: Amended Resolution will be sent to Plains Capital Bank for continuing operation.






§ § §

RESOLUTION AUTHORIZING MAYOR DAVID SUAREZ, MEMBERS OF THE CITY COMMISSION, AND APPROPRIATE STAFF AS SIGNATORIES ON CERTAIN LEGAL FINANCIAL DOCUMENTS FOR THE CITY OF WESLACO

1. I, Rebekah De La Fuente, certify that I am the Interim City Secretary of The City of

Weslaco, organized under the laws of Texas, Federal Employer ID Number 74-6002544, engaged in Municipal business under the name of the City of Weslaco, and that the following is a correct copy of the resolution adopted at a meeting of the City Commission duly and properly called and held on December 2, 2014. This resolution appears in the minutes of this meeting and has not been rescinded or modified.

2. Be it Resolved that,

(a) Plains Capital Bank is designated as a depository for the funds of the City of Weslaco.

(b) This resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by this Financial Institution.

(c) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and

borrowings by or on behalf of the City of Weslaco with this financial institution prior to the adoption of this resolution are hereby ratified, approved and confirmed.

(d) Any of the persons named below, so long as they act in a representative capacity as

agents of the City of Weslaco, are authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable for the effective exercise of the powers indicated below, from time to time with this financial institution, concerning funds deposited in this financial institution, moneys borrowed from this financial institution or any other business transacted by and between the City of Weslaco and this financial institution subject to any restrictions stated below.

(e) Any and all prior resolutions adopted by the City Commission of the City of Weslaco

and certified to this Financial Institution as governing the operations of the City of Weslaco’s account(s), are in full force and effect, unless supplemented or modified by this authorization.

(f) The City of Weslaco agrees to the terms and conditions of any account agreement,

properly opened by any authorized representative(s) of the City of Weslaco, and authorizes the financial institution named above, at anytime, to charge the City of Weslaco for all checks, drafts, or other orders, for the payment of money, that are properly drawn on this financial institution, and contain the required number of signatures for this purpose.



3. The officials designated below are authorized to conduct business as indicated:

Name and Title Signature (A) David Suarez , Mayor

(B) Olga Noriega, Mayor Pro-Tem

(C) David R. Fox, Commissioner

(D) Greg Kerr, Commissioner

(E) Gerardo Tafolla, Commissioner

(F) Lupe Rivera, Commissioner

(G) Fidel Peña, Commissioner

(H) Elizabeth Walker, Interim City Manager

(I) Rebekah De La Fuente, Interim City Secretary

(J) Sonia Flores, Assistant Finance Director

Indicate A, B, C, D and/or E A – H (1) Exercise all of the powers listed (2) through (9) A – H, J (2) Open any deposit or checking account(s) in the name of the City of Weslaco A – H (3) Endorse checks and orders for the payment of money and withdraw funds

on deposit with this financial institution. Number of authorized signatures required for this purpose 2. Number of authorized signatures required for payroll purpose 1. A – H (4) Open any certificate of deposit account and withdraw or transfer funds

from the certificate of deposit on deposit with this financial institution. Number of authorized signatures required for this purpose 2. A – H, J (5) Transfer funds from operations account to the payroll account, investment

account or paying agent approved by City Commission by telefax or other electronic means. Number of authorized signatures required for this purpose 1.

A – H (6) Borrow money on behalf and in the name of the City of Weslaco executes and delivers promissory notes or other evidences of indebtedness.

Number of authorized signatures required for this purpose 2.



A – H (7) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or acquired by the City of Weslaco as security for sums borrowed and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment.

Number of authorized signatures required for this purpose 1. A – H, J (8) Enter into written lease for the purpose of renting and maintaining a Safe

Deposit Box in this financial institution. Number of authorized signatures required to gain access and to terminate the lease 1.

A – K, J (9) Authorized to make inquiries as to status, account balance pertaining to

the City of Weslaco. 4. I further certify that the City Commission of the City of Weslaco has, and at the time of

adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the power granted to the persons named who have full power and lawful authority to exercise the same.

In Witness Whereof, I have hereunto subscribed my name and affixed the seal of this Corporation on December 2, 2014.

CITY OF WESLACO

David Suarez, MAYOR

ATTEST: Rebekah De La Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, INTERIM CITY ATTORNEY





§ § §

RESOLUTION ESTABLISHING A SCREENING, APPOINTMENT, CONFIRMATION AND ATTENDANCE POLICY FOR SERVICE ON CITY OF WESLACO BOARDS, COMMISSIONS, AUTHORITIES AND COMMITTEES

WHEREAS, The City of Weslaco has Standing Committees, Boards, Authorities and Commissions (hereafter called “Boards”) that assist and recommend to the Weslaco City Commission programs and projects that benefit the citizens of Weslaco; and WHEREAS, The Weslaco City Commission (hereafter called “Commission”) also periodically creates Ad Hoc Boards to assist the City of Weslaco in addressing unexpected issues, projects or concerns; and WHEREAS, The Commission desires the best qualified individuals on these Boards to represent a diverse cross section of the citizens of Weslaco. NOW THEREFORE BE IT RESOLVED THAT The Weslaco City Commission hereby adopts the following Policy for the screening, appointment and confirmation of individuals to serve on the various Boards.

A. Screening Interested individuals shall submit to the City Secretary a Board application which will contain: 1) contact and demographic data; and 2) educational, professional, civic and other relevant credentials. This application will be kept on file until the end of the fiscal year in which it was submitted, ending on September 30. Individuals shall confirm receipt the City’s diversity, affirmative action, nepotism, ethics policies; the Board’s mission, duties and responsibilities as established by Ordinance or other order; and other relevant documents. Individuals must agree to abide by Weslaco City Charter and applicable Ordinances, and state and federal laws.

B. Appointment

The City Manager may recommend the best qualified individuals to the City Commission. The Commission will attempt to appoint the best qualified individuals that will fairly represent the demographic characteristics of Weslaco. To ensure greater public participation, individuals shall not serve concurrently on more than one Board, unless the Commission makes an exemption.



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The Commission shall make fair and deliberative appointments that comply with the Weslaco City Charter and applicable Ordinances, and state and federal laws.

C. Confirmation

Prior to appointment by the Commission, individuals should confirm that they remain interested in serving on a particular Board by either: 1) attending the Commission meeting which has the item on the Commission’s Agenda; or 2) submitting a written statement of interest to the Mayor.

D. Attendance

Three absences, not limited to consecutive, from any board or committee as appointed is established as just cause for removal and replacement by the Commission.

E. Qualification

Individuals that have pending litigation against the City of Weslaco or any of its entities shall not be eligible for an appointment to City of Weslaco Committees, Boards, Authorities and Commissions. PASSED AND APPROVED on this 2nd day of December, 2014.

CITY OF WESLACO

_____________________________ David Suarez, MAYOR

ATTEST:

________________________________ Rebekah de la Fuente, INTERIM CITY SECRETARY

APPROVED AS TO FORM:

_________________________________ Frank Garza, INTERIM CITY ATTORNEY



Date of Meeting: 12/02/14

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

From (name, title, department and who submitting on behalf of, if any): Rosa Huerta, Municipal Court Administer Subject: Authorization to solicit a request for proposals for Fines and Fees Collection Service of delinquent municipal accounts. Background: The services under consideration in this Request for Qualifications involve, but are not limited to:

1) The Collection Agency must abide by Chapter 103 of the Texas Criminal and Traffic Law Code of Criminal Procedure.

2) The Collection Agency is to facilitate the process of transmitting cases to and from the Weslaco Municipal Court with Incode software.

3) The Collection Agency shall inform the defendants of the outstanding amount that is owed to the Weslaco Municipal Court via mail or phone.

4) The Collection Agency shall not deal with adjudication in their agency. The Weslaco Municipal Court shall be the only agency that will deal with adjudication of the case.

Funding Source (budget code, if applicable): 01-20002504 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: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: I recommend approval of this agenda item to fulfill our contractual obligation toward the best qualified company that is selected that meets the Weslaco Municipal Court need in collection services. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval:




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Name of Applicant:

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

[ ] Inside City Limits [ ] Outside City Limits

City:

State:

Zip Code:

How many years have you lived at this residence?

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

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

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

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

If so, who and how?

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

If so, which and when?

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

If so, which and when?

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

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

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

Timestamp of Receipt:

Applicant’s Signature:

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

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

Application for Service

City of Weslaco Boards and Committees









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

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

CITY OF WESLACO

_____________________________ David Suarez MAYOR

ATTEST:

____________________________________ Rebekah de la Fuente, INTERIM CITY SECRETARY







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

CITY OF WESLACO


ATTEST:








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

CITY OF WESLACO


ATTEST:









A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO

WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _______________________ is appointed to a term as a member of the Board of Directors of the Economic Development Corporation that will expire on the ______ day of ___________________, 20___. PASSED AND APPROVED on this 2nd day of December, 2014.

CITY OF WESLACO


ATTEST:








WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ___________________ appointed to a term as a member of the Board of Directors of the Economic Development Corporation that will expire on the ______ day of ___________________, 20___. PASSED AND APPROVED on this 2nd day of December, 2014.

CITY OF WESLACO


ATTEST:









CITY OF WESLACO


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CITY OF WESLACO


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CITY OF WESLACO


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CITY OF WESLACO


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CITY OF WESLACO


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A RESOLUTION OF THE CITY OF WESLACO ONE APPOINTING MEMBER TO THE ANIMAL SHELTER ADVISORY COMMITTEE

WHEREAS, Ordinance 2012-2 establishes an Animal Shelter Advisory Board that will assist the City of Weslaco in complying with the requirements of Chapter 823 of The Texas Health and Safety Code and will be codified as Division 8 of Chapter 22 of The Code of Ordinances; and WHEREAS, The Animal Shelter Advisory Committee shall assist the City of Weslaco in complying with the requirements of Chapter 823 of The Texas Health and Safety Code; and

WHEREAS, The Animal Shelter Advisory Committee will be composed of one (1) veterinarian, one (1) City of Weslaco official, one (1) person whose duties include the daily operation of an animal shelter and one (1) representative from an animal welfare organization and one (1) citizen of the City of Weslaco; and WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this Committee will hold office for a term length staggered as assigned; and WHEREAS, the Animal Shelter Advisory Committee members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ____________________________ is appointed to the Animal Shelter Advisory Committee for a term as assigned. PASSED AND APPROVED on this 2nd day of December 2014.

CITY OF WESLACO


ATTEST: ____________________________________ Rebekah de la Fuente, INTERIM CITY SECRETARY

APPROVED AS TO FORM: _________________________________ Frank Garza, INTERIM CITY ATTORNEY






WHEREAS, The Animal Shelter Advisory Committee will be composed of one (1) veterinarian, one (1) City of Weslaco official, one (1) person whose duties include the daily operation of an animal shelter and one (1) representative from an animal welfare organization and one (1) citizen of the City of Weslaco; and WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this Committee will hold office for a term length staggered as assigned; and WHEREAS, the Animal Shelter Advisory Committee members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ____________________________ is appointed to the Animal Shelter Advisory Committee for a term to be assigned. PASSED AND APPROVED on this 2nd day of December 2014.

CITY OF WESLACO









WHEREAS, The Animal Shelter Advisory Committee will be composed of one (1) veterinarian, one (1) City of Weslaco official, one (1) person whose duties include the daily operation of an animal shelter and one (1) representative from an animal welfare organization and one (1) citizen of the City of Weslaco; and WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this Committee will hold office for a term length staggered as assigned; and WHEREAS, the Animal Shelter Advisory Committee members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ____________________________ is appointed to the Animal Shelter Advisory Committee for a term to be assigned. PASSED AND APPROVED on this 2nd day of December 2014.

CITY OF WESLACO







THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE LOWER RIO GRANDE VALLEY DEVELOPMENT COUNCIL (LRGVDC)

WHEREAS, the Lower Rio Grande Valley Development Council (LRGVDC) has requested that a City of Weslaco elected official serve as the official member to its Board of Directors; and WHEREAS, the LRGVDC further has requested that a City of Weslaco elected official serve as the alternate member of the LRGVDC Board of Directors; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO that ____________________________ be appointed as the official member to serve in the LRGVDC Board of Directors. BE FURTHER RESOLVED that ____________________________ be appointed as the alternate member to serve in the LRGVDC Board of Directors and a copy of this Resolution shall be delivered to the Lower Rio Grande Valley Development Council office to evidence these appointments. PASSED AND APPROVED this 2nd day of December 2014.

CITY OF WESLACO


ATTEST:







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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Joel and Abner Garcia Subject: Discussion and consideration to approve the consensual annexation of Sinai Subdivision also being the 4.24 acre tract of land out of Farm Tract No. 708, West & Adams Tract Subdivision, Weslaco, Hidalgo County, Texas, located east of Mile 3 ½ West, approximately 2,027 feet north of Mile 6 North Road. Discussion:

The applicant is requesting consensual annexation of the proposed Sinai Subdivision in accordance with the City’s Subdivision Ordinance Section 26-32 which requires “that all subdivisions located within the city’s extraterritorial jurisdiction and connected to one or more of the city utilities must request annexation to the city”. 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 [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: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 10/1/2014, recommends approval Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Notarized petition for consensual annexation. Responsibilities upon Approval: Planning staff will advise applicant.




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V. A.

ORDINANCE NO. 2014-18

AN ORDINANCE ANNEXING ADDITIONAL TERRITORY TO THE CORPORATE LIMITS OF THE CITY OF WESLACO, HIDALGO COUNTY, TEXAS ON CONSENSUAL PETITION OF AREA LAND OWNER SUCH LAND BEING 4.24 ACRE TRACT OF LAND OUT OF FARM TRACT NO. 708, WEST AND ADAMS TRACT SUBDIVISON, WESLACO, HIDALGO COUNTY, TEXAS.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS:

SECTION I: There is hereby annexed on consensual petition of area landowner as part of the territory within the corporate boundaries of the City of Weslaco the following tract located in Hidalgo County, Texas, that totals to 6.48 acres and are more specifically described as follows, to-wit:

METES AND BOUNDS DESCRIPTION 4.24 ACRE TRACT OF LAND OUT OF FARM TRACT NO. 708, WEST AND ADAMS TRACT SUBDIVISON, WESLACO, HIDALGO COUNTY, TEXAS.

A tract of land our of Farm Tract 708, the West and Adams Tract Subdivision, Hidalgo County, Texas, according to the map thereof recorded in Volume 2, Page 34 thought 37, map records of Hidalgo County, Texas; said tract of land being more particularly described by metes and bounds as follows: Beginning at the southeast corner of La Paloma De La Sombras Subdivision, said point being Mile 3 ½ West Road, according to the map thereof recorded in Volume 28, Page 71B, map records of Hidalgo County, Texas; THENCE, South, along the right of way line of said Mile 3 ½ West Road a distance of 193.50 feet to a point on the east right of way of said Mile 3 ½ West; THENCE, East, parallel to the north line of said Farm Tract 708, a distance of 187.00 feet to a 5/8-inch iron pipe found for an inside corner; THENCE, North, 114.00 feet to a 5/8-inch iron pipe found for the northerly northwest corner of said tract herein described; THENCE, East, 711.46 feet to a 5/8-inch iron pipe found for the northeast corner of said tract herein described;



THENCE, South 00° 29’ west, 219.35 feet, with the east line of said Farm Tract 708 to a 1/2- inch iron rod found with a plastic cap stamped “RRA” for the southwest corner of said stract herein described; THENCE, West, at a distance of 901.90 feet past a 5/8-inch iron rod found for reference 0.30 feet west of the east right-of-way line of mile 3 ½ West Road and continuing for a total distance of 926.60 feet to a cotton picker spindle found on the west line of said Farm Tract 708 for the southwest corner of said tract herein described; THENCE, North 298.25 feet with the west line of Farm Tract 708 and the of Mile 3 ½ West Road to the point of beginning and containing 4.24 acres of land more or less. SECTION II: This ordinance shall be published in one (1) newspaper of general circulation published in Weslaco, once a week for two (2) weeks, after the last reading of the ordinance. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 21st day of October, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 2nd day of December, 2014.

CITY OF WESLACO _________________________ David Suarez, MAYOR

ATTEST: ___________________________________ Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Frank Garza, INTERIM CITY ATTORNEY




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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Planning Director/City Engineer, on behalf of Paula Villanueva Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 3602 North Texas Blvd., also West Tract Northwest 1.25 acres an Irrigation Tract S228’-N558’-W345’ of Farm Tract 109, Weslaco, Hidalgo County, Texas, from R-1 One Family Dwelling District to B-1 Neighborhood Business District Background: The applicant is requesting to rezone this property from R-1 Single Family Dwelling District to B-1 Neighborhood Business District. Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on October 20, 2014. Five (5) property owners within 200 ft. of the applicant’s property were notified by letter on October 24, 2014. 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 [ 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: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 11/5/14, recommends approval 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 rezone with attachments. Responsibilities upon Approval: Planning staff will advise applicant




ORDINANCE NO. 2014-19 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 3602 NORTH TEXAS BLVD., ALSO WEST TRACT NORTHWEST 1.25 ACRES AN IRRIGATION TRACT S228’-N558’-W345’ OF FARM TRACT 109, WESLACO, HIDALGO COUNTY, TEXAS, FROM R-1 ONE FAMILY DWELLING DISTRICT TO B-4 NEIGHBORHOOD OFFICE DISTRICT BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: R-1 Single Family Dwelling District to B-4 Neighborhood Office District, West Tract Northwest 1.25 acres an Irrigation Tract S228’-N558’-W345’ of Farm Tract 109, also being 3602 North Texas Blvd, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 18th

day of November, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 2nd day of December, 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, INTERIM CITY ATTORNEY





From (name, title, department and who submitting on behalf of, if any): Rosie Palomo, Accountant II, Finance Department Subject: Hotel Motel Tax Funds Audit of Expenditures Background: As per the request of the City Commission during the October 21st , 2014 meeting, the addendum is for the Audit of expenditures of the Hotel/Motel Fund. Finance decided to amend the current Audit Contract with Garcia & Pena, CPA to include additional Audit Focus on the Hotel/Motel Fund. Funding Source (budget code, if applicable): 01-505-2101 Amount: $ Term of Impact: #[ ] year(s) Identified in Current Budget: Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ x ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval of Addendum to Audit Contract Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Addendum of Audit Contract Responsibilities upon Approval:




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VI. A.




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

From (name, title, department and who submitting on behalf of, if any): Chris Sanchez, Interim Fire Chief Subject: Discussion and consideration to approve Ordinance 2014-23, prohibiting the sale, exhibition, and possession of fireworks within the City of Weslaco. First Reading of Ordinance 2014-23 Background: To create a fire works ordinance for the City of Weslaco that will prohibit the sale and discharge of fire works in the city limits of Weslaco. Funding Source (budget code, if applicable): N/A Term of Impact: #[ 2 ]

year(s) Identified in Current Budget:

Additional Action Prompted: [X ] Mayor’s Signature [ ] 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: 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”): None Responsibilities upon Approval: Fire Chief Or Fire Marshal




ORDINANCE NO. 2014-23

AN ORDINANCE PROHIBITING THE SALE, EXHIBITION AND POSSESSION OF FIREWORKS WITHIN THE CITY OF WESLACO, AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

BE IT ORDAINED BY THE WESLACO CITY COMMISSION THAT: SECTION I

Ordinance 2014-23, which will be codified in the City of Weslaco Code of Ordinances as Chapter 51 and Titled “Firework Ordinance,” prohibiting the sale, exhibition, and possession of fireworks within the City of Weslaco, which shall after second and final reading read as follows in The City of Weslaco Code of Ordinances:

Chapter 51 Firework Ordinance

SECTION 51-01 Discharge Prohibited. No person shall cast, throw or fire any squib, rocket, cracker, torpedo, grenade, cap, cartridge or other combustible firework of any kind within the City. SECTION 51-02 Sale, Exhibiting or Possessing. The exhibition, possession, sale or offering for sale of any squib, rocket, cracker, torpedo, grenade or any combustible firecracker or firework is a nuisance and is prohibited within the City and within an area immediately adjacent or contiguous to City limits for a distance of 5,000 feet. This section shall not apply to the sale of any such articles by wholesalers to each other, or to the sale of any such articles at wholesale to merchants conducting business entirely without the City, or to the sale by wholesalers for private or public demonstrations as provided in Section 51-03. SECTION 51-03: Exceptions; Permit for Display. The provisions contained in Sections 51-01 and 51-02 shall not be construed to prevent any public or private demonstration or display of fireworks of any kind if conducted under proper Fire Department supervision after application made and permit issued by the Fire Marshal for such demonstration. The permit shall not be granted unless such demonstration or display shall be of such a character, and so located, discharged, or fired as in the opinion of the Fire Marshal after proper inspection shall not be hazardous to property or endanger any person. SECTION 51-04: Penalty. Any person violating any provision of this chapter for which no other penalty has been provided shall be subject to the penalty established in ____. Any person violating any provision of _____ shall be guilty of a misdemeanor and upon conviction shall be liable for a fine not to exceed $1,000.00. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 2nd day of December 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: ___________________________________ Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Frank Garza, INTERIM CITY ATTORNEY





From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, Planning Director/City Engineer, Planning & Code Enforcement Subject: Discussion and consideration to approve Ordinance 2014-____ an ordinance establishing the construction and maintenance of sidewalks and curbs on private property throughout the city for the safety and convenience of pedestrians. Discussion: Sidewalk Transition Plan was approved by City Commission on November 18th. This is the second step in the compliance process to insure that sidewalks are properly built. Fiscal Note: Amount: $ TBD Term of Impact: [#] year(s) Identified in Current Budget: Yes Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [X] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: Approval of ordinance. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Sidewalk Ordinance Responsibilities upon Approval: Staff will incorporate to Code of Ordinances.




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VI. C.

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ORDINANCE 2014-24 AN ORDINANCE REPEALING ORDINANCE NUMBER 33, THE CITY OF WESLACO STREETS AND SIDEWALKS ORDINANCE; CODIFIED AS CHAPTER 118 OF THE WESLACO CODE OF ORDINANCES, ADOPTING NEW REGULATIONS; AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO TEXAS THAT: SECTION I. Ordinance 33 passed and approved on March 20, 1928 as “Streets and Sidewalks Ordinance” and Codified as Chapter 118 of the Weslaco Code of Ordinances is hereby repealed in its entirety. SECTION II. After second and final reading of this Ordinance the new streets and sidewalk ordinance will be adopted and codified as Chapter 118 of the Weslaco Code of Ordinances and said Chapter shall read as follows:

CHAPTER 118 STREETS AND SIDEWALKS ORDINANCE

Sec. 118.01 Generally

This chapter provides for the construction of maintenance of sidewalks and curbs on private property throughout the city for the safety and convenience of pedestrians. This chapter is enforced by the Americans with Disabilities Act (ADA) Coordinator. ADA Coordinator is the Director of Planning or Designee. Sec. 118.02 Design Standards

(a) All sidewalks installed within the city shall comply with city design standards for width, location, construction material, finish, appearance and structural quality. “City design standards,” as that term is used in this article, shall meaning the following:

1) Sidewalks shall be constructed of concrete unless otherwise approved by the planning department

2) Sidewalks in residential areas shall be four feet in width.



3) Sidewalks in multi-family/commercial or industrial areas shall be five in width.

4) Sidewalks in residential zones shall be constructed a minimum of two feet from the back of curb unless otherwise approved by the planning department.

5) If physical constraints, sidewalk continuity, urban type development or other factors require sidewalks to be placed against the back of curb, the width of the sidewalk shall be increased to a minimum of five feet. In locations where buildings are typically constructed at the property line (for example area zoned B-3 central business district), the minimum sidewalk width shall either be:

i. 7.5 feet; or ii. The distance between the property line and the leading edge of the

street or the back edge of the curb is applicable is said distance is less than 7.5 feet.

6) “Meandering” sidewalks are permitted but shall be no closer than four feet from the back of curb at the nearest point.

7) If any connection opportunities exist, sidewalk must be connected. (b) Sidewalks and related sidewalk ramps shall conform to Americans with

Disabilities Act (ADA) and Texas Accessibility Standards requirements. (c) The specific design and location of all sidewalks must be in accordance with the

current subdivision sidewalk plan however if no such plan exists as part of the subdivision the design and location shall be reviewed by the planning department before being approved. Sec. 118.03 Newly-developing areas.

(a) Sidewalks are required on both sides of all publicly-maintained streets within the city.

(b) The location and design of sidewalks shall normally be determined during the subdivision process or if subdivision has already occurred then at the site review/ building process access.

(c) Due to the potential damage sidewalks can incur during the construction of homes and other buildings, sidewalks should not be installed until building work has been completed on individual properties. Exceptions may be made for streets that are without direct property access.



(d) Implementation and construction costs of all sidewalks in newly developing areas shall be paid by the developer, builder or property owner. The city shall not be liable for any sidewalk implementation or construction cost.

(e) All required sidewalks shall be installed prior to final inspection or issuance of a certificate of occupancy.

Sec. 118.04 Redeveloping areas

(a) A redeveloping or redeveloped area, as those terms are used in this chapter means

the issuance of a building permit for construction that equals or exceeds 50 percent of the appraised value of any existing improvements as determined by the appraisal district in which the property is located.

(b) Sidewalks shall be required in redeveloping areas in the same manner as in “newly developing areas” when redevelopment occurs.

(c) The cost of required sidewalks shall be paid for by the developer, builder or property owner; the city will not participate in the cost.

(d) All required sidewalks shall be installed prior to final inspection or issuance of a certificate of occupancy.

Sec. 118.05 Existing developed areas (a) New sidewalks. New sidewalks may be installed in existing developed areas by

either of the following methods: 1) By the property owner at the property’s owner expense. Property owners

may construct sidewalks along their property frontage at their expense. Sidewalks constructed by individual property owners shall conform to the city design standards and will be inspected by the city at no expense to the property owner.

i. Sidewalks constructed by private property owners must be constructed by qualified contractors under permit by the planning and code enforcement department.

2) By the city at city’s expense. The city may install sidewalks to enhance the safety and convenience of pedestrians. Priority is given to continuous sidewalks that serve a higher number of pedestrians on more heavily- traveled streets or where children typically walk to schools, parks and community centers. City staff prioritizes locations and these are approved by city commission annually. The number of sidewalks constructed each year is dependent upon funding availability. The city may also install sidewalks as part of a city-funded street reconstruction or public building construction project.



(b) Replacement sidewalks. The maintenance and repair of sidewalks is the responsibility of each individual property owner. The city reserves the right to inspect all sidewalks within city rights-of-way and to notify property owners to make repairs when sidewalks become unsafe.

1) Examples of conditions rendering sidewalks unsafe shall include but not be limited to:

i. Uneven sidewalks ii. Broken concrete

iii. Overgrown weeds. 2) Where sidewalks repair or replacement is impractical due to physical

conditions or lack of right-of-way, the city may elect to remove the sidewalk and return the property to grass.

Sec. 118.06 Sidewalk plans

(a) Sidewalk plans shall be required for any new subdivision and shall be submitted during platting process and shall also contain the following information:

1) Location of sidewalks, landings, and curb ramps. 2) Design specifications and details. 3) Identify the party responsible for the construction of the sidewalks.

(b) Sidewalk plans will be reviewed during the subdivision process and approved by the city planning department.

Sec. 118.07 Special provisions If special conditions make sidewalks construction infeasible, unnecessary or undesirable, and such conditions have been verified by city staff, the sidewalk requirement may be waived. Such waivers shall be only granted by the board of adjustments and upon submission of an application requesting a hearing before the board of adjustments. Sec. 118.08 Depositing trash, etc., in streets It shall be unlawful to throw any dirt, filth, broken glass, wire, tin cans, or other matter that endangers the safe use of the streets. Sidewalks must be clear of obstructions impeding pedestrian flow, according to ADA regulations. Regulation is enforced by Code Enforcement Department.



Sec. 118.09 Enforcement and penalties; severability A violation of any provisions of this chapter shall be punishable in accordance with section _____. The terms and provisions of this article are severable in accordance with section _____.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 2nd day of December, 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: Rebekah de la Fuente, INTERIM CITY SECRETARY APPROVED AS TO FORM: Frank Garza, INTERIM CITY ATTORNEY





From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Award the rehabilitation of the Sanitary Sewer Manhole on 18th St- Southern Trenchless Solutions Background: Discussion in consideration to award the best qualified, most advantageous bidder RFB No.: 2014-15-04 for the rehabilitation of the Sanitary Sewer Manhole on 18th St to Southern Trenchless Solutions from Weslaco, Texas for the amount of $40,450.00; authorize the Mayor to execute all related documents and budget amendment as maybe required. Funding Source (budget code, if applicable): 58-551-4010 Amount: $40,450.00

Term of Impact: # One (1) year

Identified in Current Budget: FY 2014-2015

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: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Cost Factor Sheet Responsibilities upon Approval: Upon approval, City Secretary office will convey executed proposal to the Finance Dept. and forward a copy to the Public Utilities Department.




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VI. D.















From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Award RFQ No.: 2014-15-01 Electrical Services to JC Electric Background: Discussion in consideration to award the best qualified, most advantageous bidder RFB No.: 2014-15-01for Electrical Services to JC Electric from Weslaco, Texas, authorize the Mayor to execute all related documents and budget amendment as maybe required. Funding Source (budget code, if applicable): 51-549 Water, 58-551 & 58-552 Wastewater FUNDS Amount:



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: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): RFB No.: 2014-15-01 Responsibilities upon Approval: Upon approval, City Secretary office will convey executed proposal to the Finance Dept. and forward a copy to the Public Utilities Department.




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VI. E.

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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Award RFB No.: 2014-15-06 Sodium Thiosulfate to DPC Industries, Inc. Background: Discussion in consideration to award the best qualified, most advantageous bidder RFB No.: 2014-15-06 Sodium Thiosulfate to Southern Ionics from West Point Missouri in the amount of $0.142 per pound, authorize the Mayor to execute all related documents and budget amendment as maybe required. Funding Source (budget code, if applicable): 58-552-3400 & 51-549-3400 Amount:



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: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): RFB No.: 2014-15-06 & BID Tabulation Responsibilities upon Approval: Upon approval, City Secretary office will convey executed proposal to the Finance Dept. and forward a copy to the Public Utilities Department.





































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

From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Award RFB No.: 2014-15-04 Sodium Hypochlorite to DPC Industries, Inc. Background: Discussion in consideration to award the best qualified, most advantageous bidder RFB No.: 2014-15-04 Sodium Hypochlorite to DPC Industries, Inc. from Corpus Christi, Texas for the amount of $0.0927 per lb., authorize the Mayor to execute all related documents and budget amendment as maybe required. Funding Source (budget code, if applicable): 58-552-3400 & 51-549-3400 Amount:

































































From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Reject RFB No.: 2014-15-03 Dewatering Containers- Aqua-Zyme Disposal Systems, Inc. Background: Discussion in consideration to reject bid received from Aqua-Zyme Disposal Systems, Inc. for RFB No.: 2014-15-03 Dewatering Containers. Funding Source (budget code, if applicable): N/A Amount:







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VI. H.

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This memorandum of understanding (MOU) document shall be an agreement between the City of Weslaco and the Weslaco Fire Fighters Association Local 3207 of their intent to extend the negotiated labor agreement, dated 2009 through 2011 and that is labeled as follows, temporarily excluding any item that has not been budgeted into the current city budget ;

COLLECTIVE BARGAINING LABOR AGREEMENT

Between the

CITY OF WESLACO, TEXAS

And the

WESLACO FIRE FIGHTERS ASSOCIATION,

IAFF, LOCAL #3207

Term of Contract – Two Years October 1, 2009-10 through September 30, 2010-11

For a period that will begin on the date this MOU is signed through fiscal year 2014-2015. _____________________________________ For The City _____________________________________ For The Association



November 20, 2014 Mrs. Elizabeth Walker Interim City Manager City of Weslaco Weslaco, TX RE: Weslaco Firemen’s Relief & Retirement Fund Firefighter Contribution Rate Change City Contribution Rate Change Dear Mrs. Walker : In an election held on November 10-12, 2014, the members of the Weslaco Firemen’s Relief & Retirement Fund elected to raise the firefighters’ employee contribution rate from 10% to 12% beginning the first payroll of 2015. The election was approved by the Fund’s Board and recorded in the minutes of the meeting held November 20, 2014. Please advise the payroll department to make this change to the employee contribution rate beginning the first payroll of 2015. As per the Texas Local Fire Fighters Retirement Act (TLFFRA) Section 29(b) the city is required by statute to also raise its contributions to match the firefighters’ 12%.

Again, the Board of Trustees is asking that these changes take place beginning the first payroll period of 2015. If you have any questions, please do not hesitate to call me. Thank you in advance for your attention to this matter. Sincerely, Jaime Hernandez Chairman Cc: Finance Director Mayor David Suarez

TLFFRA Section 29(b) – A municipality or other political subdivision that has employees who are participating members of a retirement system shall make contributions to the system each payroll period. Except as provided by Subsection (d) of this section; contributions required under this subsection are computed on the total compensation paid to the employees who are participating members of the system. A municipality or other political subdivision is required to make contributions under this subsection at the same rate paid by employees or 12 percent, whichever is the smaller rate. The governing body of a municipality or other political subdivision by ordinance may adopt a rate of employer contributions that is greater than the rate required by this subsection.



Priority ranked by park advisory board at the meeting on 11-25-2014. Board members present-Oscar Caballero, Smiley Quiroz, Rick Rodriguez, and Rolando Robles.

Gibson Park:

1. Restroom 2nd-$80,000 2. Trash receptacles and benches 8th 3. Pavilion- 7th -$50,000 4. Picnic tables 5. BBQ pits 6. –

La Plazita: None

City Park:

1. Restroom (west side) 3rd- $80,000 2. Playground set (to replace last old unit) 4th-$150,000 3. Irrigation system 6th - $50,000 for baseball fields 4. F2 lights 5. Parking/Paving 6. Tennis court lights, benches, beach volleyball

Rodriguez Park:

1. Pool 1st- $400,000

Harlon Block:

1. Irrigation system 5th 2. Continue work on ball fields 5th 3. Trash receptacles and benches 4. Inner trail 5. Beach volleyball 6. BBQ pits 7. Turf ball field

Cavazos Park: None

Pecan Grove: None



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Documents

14 12 02 agenda supplements