14 04 15 agenda supplements

Date of Meeting: April 15, 2014

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

From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Call to Order, includes the following:

A. Certification of Public Notice. B. Mayoral Proclamations and Recognitions. C. Invocation. D. Pledge of Allegiance. E. Roll Call.

Discussion: A. Mayor will Call to Order and certify Public Notice. B. Mayor will present proclamation for Telecommunications Week and Elder Abuse

Awareness Month. C. Pastor Art Beckwith from RGV Fellowship Church will give the invocation. D. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. E. City Secretary will call roll.

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

Standardized Agenda Request Form

Weslaco City Commission Regular Meeting

Page 1 April 15, 2014

City of Weslaco “The City on the Grow”

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

David Suarez, Mayor John F. Cuellar, Mayor Pro-Tem, District 2

David R. Fox, Commissioner, District 1 Olga M. Noriega, Commissioner, District 3

Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5

Fidel L. Pena, III, Commissioner, District 6

Leonardo Olivares, City Manager

The Pledge of Allegiance to the Flag

“I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.”

The Pledge of Allegiance to the State Flag "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." *The pledge was amended by House Bill 1034 during the 80th Legislature with the addition of "one state under God." The revised wording became effective on June 15, 2007.

Preamble to the Constitution of the United States of America We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH

Friendly people with vision, courage and integrity

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE

*Positive Attitude of Courtesy & Concern *Doing it Right the First Time *Sensitive to the citizens’ needs *Friendly Respect for All *Service without Hassle




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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Danessa Peterson (Liebhaber) and Denise Peterson. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 515 N. Pueblo Street, also being Lots 1, 2, 3 & North 10’ of Lot 4, Block 5, Hughes Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 One Family Dwelling District” to “B-1 Neighborhood Business District.” Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on March 17, 2014. Twenty-six (26) property owners within 200 ft. of the applicant’s property were notified by letter on March 21, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/02/2014, recommends denial. Staff recommendation for Commission Action: Staff recommends denial, based on the Future Land Use Map. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.





Agenda Item No. (to be assigned by CSO): II. B. and VII. C.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Andrew L. Martinez and Aaron L. Martinez. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 1400 North Westgate Drive, Suite 400, also being Lots 16, 17, and 18, Block D, Expressway Heights Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to obtain a Wine and Beer Retailer’s Off-Premise Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on March 17, 2014. Twenty-six (26) property owners within 200 ft. of the applicant’s property were notified by letter on March 21, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/02/2014, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.





Agenda Item No. (to be assigned by CSO): II. C. and VII. D.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Contex Restaurants, Inc., owner, RMH Franchise Corporation, d.b.a. Applebee’s Neighborhood Grill & Bar. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Mixed Beverage Permit and a Mixed Beverage Late Hours Permit at 1829 West Expressway 83, also being Lots 2 and 3, Cash Nix Addition Phase 2, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to obtain an On-Premise Mixed Beverage Permit and a Mixed Beverage Late Hours Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on March 17, 2014. Six (6) property owners within 200 ft. of the applicant’s property were notified by letter on March 21, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/02/2014, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.





Agenda Item No. (to be assigned by CSO): II. D. and VII. E.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Enrique N. Hinojosa, Jr. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Mixed Beverage Permit and a Mixed Beverage Late Hours Permit at 415. S. International Blvd., also being Lot 1, Block 1, Palm Aire Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to obtain an On-Premise Mixed Beverage Permit and a Mixed Beverage Late Hours Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on February 17, 2014. Ten (10) property owners within 200 ft. of the applicant’s property were notified by letter on February 21, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 03/05/2014, recommends approval with the stipulation that one (1) security officer be on duty in the lounge establishment. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.





Agenda Item No. (to be assigned by CSO): II. E. and VII. F.

From (name, title, department and who submitting on behalf of, if any): Leonardo Olivares, City Manager/ CMO Subject: Discussion and consideration to approve a Budget and Program Amendment to its Urban County Program funding Year 25 (2012) utilizing original work plan. Hold a Public Hearing to consider public comments for the City's proposed budget and program amendment for Fiscal Year 25 (2012) original work plan.

Discussion: The proposed amendment will decrease the Public Facilities Improvements (library) activity by $20,000, create a Public Service (general) library activity funding of $20,000 with the following scope of work; the purchase of minor equipment, furnishings shelving and related fixtures for the library. Fiscal Note: Amount: $ 20,000 Term of Impact: [1] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approval of the 2012 (Year 25) Urban County Budget and Program Amendment for the City of Weslaco. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Notice of Public Hearing in English and Spanish. Responsibilities upon Approval:




Minutes of the Regular Meeting of April 1, 2014 Page 1 of 14

A REGULAR MEETING OF THE WESLACO CITY COMMISSION

TUESDAY, APRIL 1, 2014

On this 1st day of April 2014 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor David Suarez Mayor Pro-Tem J.F. “Johnny” Cuellar Commissioner David R. Fox Commissioner Olga M. Noriega Commissioner Gerardo “Jerry” Tafolla Commissioner Lupe Rivera Commissioner Fidel L. Pena, III

City Manager Leonardo Olivares

City Secretary Elizabeth M. Walker City Attorney Ramon Vela Also present: Juan Salas, IT Department; Bret Mann, Finance Director; Mardoqueo Hinojosa, City Engineer/Interim Planning Director; Chief Michael Kelley, Police Department; Chief Jimmy Cuellar, Fire Department; Arnold Becho, Library Director; David Salinas, Public Utilities Director; Olga Garza, Public Facilities Assistant Director; Veronica Ramirez, Human Resources Director; Gloria Givilancz, and other staff members and citizens. I. CALL TO ORDER

A. Certification of Public Notice.

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

B. Mayoral Proclamations and Recognitions. The Mayor presented a proclamation for National Crime Victims Week and a flag honoring Lt. Juan Romero.

C. Invocation. Pastor Richard Speer from Grace Episcopal Church delivered the invocation.

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

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

II.

PUBLIC COMMENTS




There were no comments received.

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

A. Approval of the Minutes of the Regular Meeting on March 18, 2014. (Staffed by City Secretary’s Office.) Attachment.

B. Approval on Second and Final Reading of the following:

1) Ordinance 2014-03 amending Ordinance 320 and the City of Weslaco Zoning map to rezone 907 S. Texas Blvd., being Lot 8, Block 3, Hollywood Addition to Weslaco Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District” and authorize the Mayor to execute any related documents. (Staffed by Planning & Code Enforcement Department.) Attachment.

2) Ordinance 2014-04 accepting an agreement to vacate, abandon, and extinguish

an existing 10-foot utility easement located on Lot 1 and Reserve Tract A of the 400 West Expressway 83 Subdivision and authorize the Mayor to execute any related documents. (Staffed by Planning & Code Enforcement Department.) Attachment.

C. Acceptance of a check from Senior Softball League, in the amount of $500.00 for the

use at Harlon Block Park Sports Complex from January 1 – March 31, 2014, deposit it into the Parks Department Recreation Program Budget account #01-540-2500, and authorize a budget amendment as appropriate. (Staffed by Parks and Recreation Department.) Attachment.

D. Approval of the renewal of an Interlocal Cooperation Agreement with the County of Hidalgo for participation within the Hidalgo County Library System (HCLS) in an amount not to exceed $15,000.00, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Staffed by Library.) Attachment.

E. Approval of an expenditure not to exceed $2,100.00, the approximate interest to date, of the Marion Booth Funds toward the development of a DVD collection within the Library. (Staffed by Library.) Attachment.

F. Authorization to solicit bids for the construction of Sugarcane Drive from Westgate Drive to Border Avenue. (Staffed by Planning and Code Enforcement Department.) Attachment.

G. Authorization to solicit requests for proposals for banking depository of municipal funds. (Staffed by Finance Department.) Attachment.




Commissioner Tafolla requested item III. H. be withheld.

Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the consent agenda items III. A. – G. as presented. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, the ordinances read as follows:

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

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 1st day of April 2014.

ORDINANCE NO. 2014-04

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

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




Section 1.

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

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 1st day of April 2014. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

IV. APPOINTMENTS

A. Discussion and consideration to approve Resolution 2014-13 appointing one member to an expired term on the Planning and Zoning Commission. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve Resolution 2014-13 reappointing David Hernandez to an expired term on the Planning and Zoning Commission. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, the resolution reads as follows:

RESOLUTION NO. 2014-13

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

WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT David Hernandez is appointed to serve on the Planning and Zoning Commission Board and your term will expire on 2nd day of April, 2017. PASSED AND APPROVED on this 1st day of April, 2014. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

B. Discussion and consideration to remove one member from the Board of Adjustment and Appeals and approve Resolution 2014-14 appointing one member to an unexpired term on that board. Possible action. (Staffed by Planning and Code Enforcement




Department.) Attachment. Mayor Suarez, seconded by Commissioner Pena, moved to accept the resignation of Roy Tijerina and approve Resolution 2014-14 appointing Rob Escobar to that unexpired term on the Board of Adjustment and Appeals. The motion carried unanimously; Mayor Suarez was present, but not voting. For the record, the resolution reads as follows:

RESOLUTION NO. 2014- 14

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENTS & APPEALS-ZONING ORDINANCE.

WHEREAS, the City of Weslaco created and established the Board of Adjustments & Appeals-Zoning Ordinance. WHEREAS, the term of the members of this board are for two years; and WHEREAS, the Board of Adjustments & Appeals-Zoning Ordinance members shall serve with neither compensation nor term limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Rob Escobar is appointed to serve an unexpired term on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on 21 day of December, 2014. PASSED AND APPROVED on this 1st day of April, 2014. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY Commissioner Pena, seconded by Commissioner Noriega, moved to remove item VII. A. from its posted sequence for immediate consideration. The motion carried unanimously; Mayor Suarez was present, but not voting.

VII. EXECUTIVE SESSION At 5:52 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 6:36 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

V. OLD BUSINESS

A. Discussion and consideration to approve on Second and Final Reading Ordinance 2014-02 annexing a maximum of 4,516.77 acres of land into the City of Weslaco, located in Hidalgo County, Texas, which is contiguous to the city limits and hereinafter described; as shown in the attached exhibit; making findings of fact; providing a severability clause; providing an effective date; and providing for open meetings and other related matters. Second and Final Reading of Ordinance 2014-02. Possible action. (Approved on First Reading March 18, 2014; Staffed by Planning and Code Enforcement Department.) Attachment.




Mayor Pro-Tem Cuellar described the proposed tracts as those on FM 1015 in litigation with the City of Mercedes and others as “little lollipop” areas. Commissioner Noriega stated she cannot support annexing anymore property when the City is not able to provide services to current City limits, especially when the City cannot afford it. The Mayor Pro-Tem countered that point would have been well made months ago, before the City incurred the costs of litigation related to this annexation. The City Manager referenced the service plan previously presented to the Commission which outlines the return on investment to each tract. Mr. Charles Warren commented that he is “very pro-annexation; I believe we should annex what we can afford.” Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve on Second and Final Reading Ordinance 2014-02 annexing tracts 13, 14, 15, 17, 19, and 23 as presented, a maximum of 4,516.77 acres of land into the City of Weslaco, located in Hidalgo County, Texas, which is contiguous to the city limits and hereinafter described; as shown in the attached exhibit; making findings of fact; providing a severability clause; providing an effective date; and providing for open meetings and other related matters. By roll call vote, the motion carried as follows: FOR - Mayor Pro-Tem Cuellar, Commissioners Tafolla, Rivera, and Fox; AGAINST - Mayor Suarez, Commissioners Noriega and Pena (4-3). For the record, the Ordinance reads as follows:

ORDINANCE NO. 2014-02 AN ORDINANCE OF THE CITY OF WESLACO, TEXAS, ANNEXING 1,282.51 ACRES OF LAND, LOCATED IN HIDALGO COUNTY, TEXAS, WHICH IS CONTIGUOUS TO THE CITY LIMITS AND HEREINAFTER DESCRIBED; AS SHOWN IN THE ATTACHED EXHIBIT; MAKING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR OPEN MEETINGS AND OTHER RELATED MATTERS. WHEREAS, the City of Weslaco, Texas (the “City”), is a home rule municipality authorized by State law and the City's Charter to annex territory lying adjacent and contiguous to the City; WHEREAS, the City Council, in compliance with §43.021, Tex. Local Gov't Code, instituted proceedings for the annexation of certain property more particularly described herein (the “subject property”); WHEREAS, the subject property hereby annexed is adjacent and contiguous to the present City limits; WHEREAS, the boundaries of the City are contiguous to the subject property on at least two sides; WHEREAS, citizens were given the opportunity to provide public input at two separate public hearings which were conducted prior to consideration of this Ordinance in accordance with § 43.063, Tex. Loc. Gov't. Code; WHEREAS, the hearings were conducted and held not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; WHEREAS, notice of the public hearings was published in a newspaper of general circulation in the City and the territory proposed to be annexed not more than twenty (20) nor less than ten (10) days prior




to the public hearings; WHEREAS, the City intends to provide services to the subject property to be annexed according to the Service Plan attached hereto as Exhibit “A”. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION 1. That all of the above premises and findings of fact are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. That the following described property (hereinafter referred to as the “Annexed Property”) is hereby annexed into the corporate limits of the City of Weslaco: Tract 13: A tract of land containing 239.82 ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 1030, 1031, 1032, 1034, 1035, 1036 and 1100, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 14: A tract of land containing 200.74 ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 1020, 1021, 1022, 1023, 1024, 1025, 1094, 1098, 1099 and 1100, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 15: La Paloma de las Sombras Subdivision, a subdivision containing 10.00 ac of land and being part of Farm Tract 705, Block 136, West Tract Subdivision, Llano Grande Grant, as recorded in Volume 2, Pg. 34-37 of the Map Records in the office of the County Clerk of Hidalgo County, Texas Tract 17: A tract of land containing 35.88 ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 799, 800 and 804 West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 19: A tract of land containing 43.96 ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 1011, 1018 and 1019 West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 23: A tract of land containing 752.11 ac situated in the County of Hidalgo, Texas, being all of farm tracts 1057, 1058, and 1059 and part of the Hidalgo and Cameron County Irrigation District N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, also all or part of Lots 2,7,9,10 out of Block 117,Lots 1, 8, 9, 10, 11, 12 out of Block 100, Lots 4 out Block 83, part or all of Lots A thru H, N, O, P, Q, R out of the Capisallo Heights, part or all of Lots 13, 14 out of Block 84, and 3024, 3025 out of the Capisallo Subdivision, according to the plat recorded at the Hidalgo County Map Records. SECTION 3. That the Service Plan submitted herewith is hereby approved as part of this Ordinance, made a part hereof and attached hereto as Exhibit “A”. SECTION 4. That the future owners and inhabitants of the Annexed Property shall be entitled to all of the rights and privileges of the City as set forth in the Service Plan attached hereto as Exhibit “A”, and are further bound by all acts, ordinances, and all other legal action now in full force and effect and all those which may be hereafter adopted. SECTION 5. That the official map and boundaries of the City, heretofore adopted and amended be and




hereby are amended so as to include the Annexed Property as part of the City of Weslaco. SECTION 6. That the Annexed Property shall be zoned “R-1” Single Family Residential District, as provided in the City Zoning Ordinance, as amended, until permanent zoning is established therefore. SECTION 7. That if any provision of this Ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 8. That this Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Tex. Loc. Gov't. Code. SECTION 9. That it is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Tex. Gov't. Code. PASSED AND APPROVED on First Reading this 18 day of March, 2014. FINALLY PASSED AND APPROVED on this 1 day of April, 2013. EXHIBIT “A”

WHEREAS, Section 43.056 of the Local Government Code of the State of Texas requires that a plan of service be prepared, prior to the publication of notice of a hearing, providing for the extension of municipal services into the area to be annexed; and

WHEREAS, the following Service Plan has been prepared for said territory and is hereby presented for public inspection and for consideration by the City Commission of the City of Weslaco, Hidalgo County, Texas.

PURSUANT TO THE PROVISIONS Section 43.056 of the Local Government Code of the State of Texas, THERE IS HEREBY prepared FOR THE AREA BOUNDED, AS DESCRIBED ABOVE, THE FOLLOWING PLAN OF SERVICE:

SECTION I: PROVISION OF SERVICES.

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

1. Police Protection

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

2. Fire Protection

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

3. Emergency Medical Services

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

4 Solid Waste Collection

The same regular solid waste collection service now provided within the city will be extended




to the annexed area. However, before the second anniversary of the effective date of the annexation the City will not prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; nor will the City impose a fee for solid waste management services on a person who continues to use the services of a privately owned sold waste management service provider in that two year period.

5. Maintenance of Water and Wastewater Facilities

a. Water Service

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

b. Wastewater Service.

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

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

a. Maintenance of Roads and Streets

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

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

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

b. Street and Road Lighting

Installed street lighting will be maintained in accordance with current standards.

7. Maintenance of Any other Publicly Owned Facility, Building or Service

a. Inspection and code enforcement services

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

b. Planning and Zoning

(1) The planning and zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation.

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

c. Parks, playgrounds and swimming pools

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

SECTION II: EXTENSION OF SERVICES.

The City of Weslaco, Texas hereby proposes to provide for the extension of municipal services to the area to be annexed, provided that the City of Weslaco owns the Certificate of Convenience and Necessity for the area as determined by the Texas Commission on Environmental Quality. The City shall provide the services in accordance with the provisions of its Code of Ordinances regulating the extension of said services The City will provide full municipal services no later than 2 ½ years after the effective date of the annexation pursuant to Section 43.056 Local Government Code of the State of




Texas..

1. EXTENSION OF WATER AND WASTEWATER FACILITIES

a. Water Service

(1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines within two and one-half (2 ½) years from the effective date of annexation.

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

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

b. Wastewater Service.

(1) Adequate wastewater service to the area shall be supplied within two and one-half (2½) years from the effective date of annexation, according to existing ordinances covering extension of utilities.

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

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

2. EXTENSION OF ROADS AND STREETS, INCLUDING ROAD AND STREET LIGHTING

a. Extension of Roads and Streets

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

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

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

b. Street and Road Lighting

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

SECTION III: APPROVAL AND TERM OF SERVICE PLAN

1. Upon completion of the public hearings at which this service plan is presented for public inspection and consideration, this service plan shall be attached to the ordinance annexing the territory described above and approved as part of the ordinance.

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

3. This service plan shall be valid for a period not to exceed ten years from the date of annexation. /s/ David Suarez, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY




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

B. Discussion and consideration to authorize a Public Purpose Services contract with the Weslaco Bicultural Museum d.b.a. Weslaco Museum of Local History and Cultural Art in an amount not to exceed $63,100.00 effective October 1, 2013 through September 30, 2014. Possible action. (This item was tabled March 18, 2014. Requested by Weslaco Museum; Staffed by Parks and Recreation Department.) Attachment. Mr. Jesse Colin, representing the Museum, introduced the new management team and reiterated that organization desires to be self-sufficient, but isn’t there yet. Commissioner Noriega expressed reservations about a retroactive agreement; Commissioner Pena expressed concerns about compliance with Hotel Occupancy Tax regulations. Commissioner Tafolla, seconded by Commissioner Pena, moved to remove the item from the table. The motion carried unanimously; Mayor Suarez was present, but not voting. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to authorize a Public Purpose Services contract with the Weslaco Bicultural Museum d.b.a. Weslaco Museum of Local History and Cultural Art in an amount not to exceed $63,100.00 effective April 1, 2014 through September 30, 2014. The motion carried unanimously; Mayor Suarez was present, but not voting.

III. H. Declaration as surplus outdated GLOCK Caliber .40 Generation 2 and 3 service weapons and authorization of the sale of fifty-eight of them to current Weslaco Police Officers at a one-time payroll deduction in the amount of $250.00/each and authorize a budget amendment as appropriate. (Staffed by Police Department.) Attachment. As withheld from consent agenda, Chief Kelley stated that as presented, this program complies as a private sale, with all available weapons committed to a current officer or as a departmental reserve. Commissioner Tafolla stated he preferred to table the item until the cost of a background check may be determined so that the sale of these weapons may be open to the public. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to table the item as presented. The City Attorney clarified that such motion is undebateable, unamendable. The motion carried with Commissioners Noriega and Pena against (4-2); Mayor Suarez was present, but not voting.

VI. NEW BUSINESS

A. Discussion and consideration to approve an Interlocal Agreement with Hidalgo County Precinct 1 for the reconstruction and repaving of Joe Stephens Avenue from Votech Drive to Sugarcane Drive for cost share in materials and authorize the Mayor to execute any related documents. Possible action. (Staffed by Planning and Code Enforcement Department.) Attachment.




Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The City Manager stated that though this street had not been identified as a priority on the ranking sheet just a few months ago, it has since been torn up subsequent to improvements at the constable’s office, presenting an opportunity to leverage funds for reconstruction and repaving since that street will be more visible after the slated closure of Sugarcane Drive. In response to Commissioner Pena, the City Manager further clarified that the cost as proposed is $132,000.00, with the County providing labor and equipment. In response to the Mayor, Mr. Mann stated this project may be an eligible expense from the 2013 bond issuance. Commissioner Tafolla, seconded by Commissioner Rivera, moved to amend the motion to use 2013 bond proceeds first, then general fund money toward the $132,000.00 cost. The motion carried unanimously; Mayor Suarez was present, but not voting. The original motion carried unanimously; Mayor Suarez was present, but not voting.

B. Discussion and consideration to award the Construction-Manager-At-Risk Contractor to the best qualified, most advantageous bidder for the construction phase of the Weslaco Boys and Girls Club Recreation Center, in a Guaranteed Maximum Price amount not to exceed $1,230,000.00, funded in part by the Texas Parks and Wildlife as Project Number 51-000065, as shown on architectural drawings design completed by Alcocer Garcia Associates Architectural Services and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Facilities Department.) Attachment. The City Manager that though E-CON had been previously awarded, regrettably they have been unable to negotiate a Guaranteed Maximum Price and staff recommends awarding the next highest ranked bidder, Peacock Construction. A shortfall of about $320,000.00 remains. The Mayor recommended the City pledge City Park instead of the Horton Campus to assist in the shortfall; Mr. Arce expressed concern about consuming any space at City Park, where parking already is limited. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to table the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

C. Discussion and consideration to authorize Final Pay Application to LeFevre Engineering for the Lift Station No. 36 project in an amount not to exceed $1,000.00 and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. The City Manager stated this lift station feeds the South Waste Water Treatment Plant; this project refurbished the wetwell and lines and recommends approval.




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

D. Discussion and consideration to authorize Final Pay Application to JF Utility for the Lift Station No. 36 project in an amount not to exceed $39,400.00 and authorize the Mayor to execute any related documents. Possible action. (Staffed by Public Utilities Department.) Attachment. In response to Commissioner Noriega, the City Manager confirmed this amount includes the change order for final payment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

E. Discussion and consideration to award Oil Patch Fuel & Supply as the best qualified, most advantageous vendor for the Unleaded and Diesel Fuel bid for a period of one year and authorize a budget amendment as appropriate. Possible action. (Staffed by Finance Department.) Attachment. The City Manager stated this is the current vendor and recommends approval. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

VIII. POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION

A. Pending Litigation – Consultation with Special Counsel regarding Cause No. C- 5929-13-H City of Weslaco, Texas v. City of Mercedes, Texas in the 389th Judicial District Court of Hidalgo County pursuant to §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to retain Ellis, Koeneke, & Ramirez, L.L.P. Special Counsel regarding Cause No. C- 5929-13-H City of Weslaco, Texas v. City of Mercedes, Texas in the 389th Judicial District Court of Hidalgo County. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to amend the motion to identify Edmundo Ramirez as lead counsel. The motion carried unanimously; Mayor Suarez was present, but not voting. The original motion carried unanimously; Mayor Suarez was present, but not voting.

IX. ADJOURNMENT With no other business before the Commission, at 7:58 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the April 1, 2014 regular meeting. The motion carried unanimously; Mayor Suarez was present, but not voting.

CITY OF WESLACO




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

_______ COMMISSIONER, David R. Fox

_______

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




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

From (name, title, department and who submitting on behalf of, if any): Michael Kelley, Chief of Police, Weslaco Police Department Subject: Discussion and consideration to authorize the use of forfeiture funds from the Fortitude Account and authorize a budget amendment as needed. Discussion: Request approval from City Commission to use forfeiture funds for payment of overtime not to exceed $8000.00 for law enforcement investigations and operations that may result in furthering law enforcement goals and mission. 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: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: NA Advisory Review, if any (name of board/committee, date of action, recommendation): 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”): NA Responsibilities upon Approval: The department will provide the Finance Department a Budget Amendment Form.






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IV. C.

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Date of Meeting April 15, 2014

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

From: David Arce Parks & Recreation Director Subject: Discussion: Acceptance of a check from Mid Valley Events (Color Dash), in the amount of $2600.00 for the use at Harlon Block Park Sports Complex on March 29, 2014, deposit and request and budget amendment to be transferred into the Parks Department Recreation Program Budget account #01-540-2500, and authorize a budget amendment as appropriate. (Staffed by Parks and Recreation Department.) Attachment Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, if any (name of board/committee, date of action, recommendation): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.





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

From (name, title, department and who submitting on behalf of, if any): Information Technology Department Subject: Approval of an expenditure not to exceed 13,000, to replace obsolete computers having reached windows operating system end of life. 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: Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval:





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

From (name, title, department and who submitting on behalf of, if any): Information Technology Department Subject: Approval of an expenditure not to exceed 18,000, to replace main application server for city hall. 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: 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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mailto:[email protected]


RESOLUTION NO. 2014- ____

A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENTS & APPEALS-BUILDING CODES.

WHEREAS, the City of Weslaco created and established the Board of Adjustments & Appeals-Building Codes. WHEREAS, the Board of Adjustments & Appeals-Building Codes shall consist of seven (7) members appointed by the Commission and shall serve a four (4) year term; and WHEREAS, a board member shall not act in a case in which he/she has personal interest; and WHEREAS, the board shall hear all appeals on requests for variances under the International and Residential Building Codes and city codes such as plumbing, electrical, housing and mechanical; and WHEREAS, every decision of the board shall promptly be filed in the office of the Building Official, and shall be opened to public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ______________________________is appointed to serve an expired term on the Board of Adjustments & Appeals-Building Codes and the term will expire on ______day of _______________, 20____. PASSED AND APPROVED on this 15th day of April, 2014.

CITY OF WESLACO

________________________________ David Suarez, MAYOR

ATTEST:

________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________ Ramon Vela, CITY ATTORNEY



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CITY OF WESLACO


ATTEST:






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CITY OF WESLACO


ATTEST:






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CITY OF WESLACO


ATTEST:






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CITY OF WESLACO


ATTEST:






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CITY OF WESLACO


ATTEST:






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CITY OF WESLACO


ATTEST:






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III. H.














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

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

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

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













Fidel L. Peňa, III, Commissioner, District 6


April 11, 2014 Dana Lagarde Recreation Grants Branch Local Park Grants Manager Texas Parks & Wildlife 4200 Smith School Road Austin, TX 78744 Re: Weslaco Boys and Girls Club Project Number 51-000065 Dear Ms. Lagarde: Thank you for continued support of this project for the City of Weslaco’s Boys and Girls Club Indoor Recreation Center. In our continued search of a second contractor, we have decided to relocate to the Weslaco City Park located at 300 N. Airport Drive, Weslaco, Texas 78596. We feel that once the building is complete the children of the Boys and Girls Club will have a better indoor and outdoor recreation experience if it was included at one of the City’s two biggest parks. We have three baseball/softball fields with lights, three full-sized soccer fields with lights, nine tennis courts with lights, two outdoor basketball courts with lights, one sand volleyball court, four big pavilions, and a one-mile paved walking trial. We will submit all supporting documentation as needed to make this change at the Weslaco City Park. The City is committed to the completion of the project. Please feel free to contact me at 956.973.3110 should you have any questions. Thank you for your consideration of this program amendment. Sincerely, Leonardo Olivares, JD MPA City Manager








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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Danessa Peterson (Liebhaber) and Denise Peterson. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 515 N. Pueblo Street, also being Lots 1, 2, 3 & North 10’ of Lot 4, Block 5, Hughes Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 One Family Dwelling District” to “B-1 Neighborhood Business District.” Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ X ] Ordinance – First Reading [ X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on March 17, 2014. Twenty-six (26) property owners within 200 ft. of the applicant’s property were notified by letter on March 21, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/02/2014, recommends denial. Staff recommendation for Commission Action: Staff recommends denial, based on the Future Land Use Map. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Rezoning with attachments. Responsibilities upon Approval: Planning staff will advise applicant.




















ORDINANCE NO. 2014-05 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 515 N. PUEBLO STREET, BEING LOTS 1, 2, 3 & THE NORTH 10’ OF LOT 4, BLOCK 5, HUGHES SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 SINGLE FAMILY DWELLING DISTRICT” TO “B-1 NEIGHBORHOOD BUSINESS DISTRICT.” BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District,” Lots 1, 2, 3 & the North 10’ of Lot 4, Block 5, Hughes Subdivision, also being 515 N. Pueblo Street, 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 ______________ day of

______________, 2014. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this ______________ day of ______________, 2014. CITY OF WESLACO David Suarez, MAYOR ATTEST: Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY




Agenda Item No. (to be assigned by CSO): II. B. and VII. C.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Andrew L. Martinez and Aaron L. Martinez. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 1400 North Westgate Drive, Suite 400, also being Lots 16, 17, and 18, Block D, Expressway Heights Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to obtain a Wine and Beer Retailer’s Off-Premise Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on March 17, 2014. Twenty-six (26) property owners within 200 ft. of the applicant’s property were notified by letter on March 21, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/02/2014, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.

























Agenda Item No. (to be assigned by CSO): II. C. and VII. D.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Contex Restaurants, Inc., owner, RMH Franchise Corporation, d.b.a. Applebee’s Neighborhood Grill & Bar. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Mixed Beverage Permit and a Mixed Beverage Late Hours Permit at 1829 West Expressway 83, also being Lots 2 and 3, Cash Nix Addition Phase 2, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to obtain an On-Premise Mixed Beverage Permit and a Mixed Beverage Late Hours Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on March 17, 2014. Six (6) property owners within 200 ft. of the applicant’s property were notified by letter on March 21, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 04/02/2014, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.





















Agenda Item No. (to be assigned by CSO): II. D. and VII. E.

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of Enrique N. Hinojosa, Jr. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Mixed Beverage Permit and a Mixed Beverage Late Hours Permit at 415. S. International Blvd., also being Lot 1, Block 1, Palm Aire Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting to obtain an On-Premise Mixed Beverage Permit and a Mixed Beverage Late Hours Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on February 17, 2014. Ten (10) property owners within 200 ft. of the applicant’s property were notified by letter on February 21, 2014. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 03/05/2014, recommends approval with the stipulation that one (1) security officer be on duty in the lounge establishment. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.















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The Weslaco City Commission will hold a public hearing on Tuesday, April 15, 2014, at 5:30 p.m. at the City Hall Legislative Chambers located at 255 South Kansas Avenue to consider the following request:

Si desea información en español, llame al departamento de Planeación de la Ciudad de Weslaco, (956) 447-3401.

Enrique N. Hinojosa, Jr, d.b.a. Lone Star RGV Saloon, LLC, is requesting a Conditional Use Permit to obtain an On-Premise Mixed Beverage Permit and a Mixed Beverage Late Hours Permit at 415 S. International Blvd., also being Lot 1, Block 1, Palm Aire Subdivision, Weslaco, Hidalgo County, Texas.

The public is invited to attend and express support for or opposition to this application. You may also file written support or opposition to on or before April 15, 2014, for the City Commission. For additional information, contact the Planning Department at (956) 447-3401.

/S/ MARDOQUEO HINOJOSA, P.E., Interim Planning Director

CITY OF WESLACOLEGAL NOTICE


Page 103 April 15, 2014


Agenda Item No. (to be assigned by CSO): II. E. and VII. F.

From (name, title, department and who submitting on behalf of, if any): Leonardo Olivares, City Manager/ CMO Subject: Discussion and consideration to approve a Budget and Program Amendment to its Urban County Program funding Year 25 (2012) utilizing original work plan. Hold a Public Hearing to consider public comments for the City's proposed budget and program amendment for Fiscal Year 25 (2012) original work plan.

Discussion: The proposed amendment will decrease the Public Facilities Improvements (library) activity by $20,000, create a Public Service (general) library activity funding of $20,000 with the following scope of work; the purchase of minor equipment, furnishings shelving and related fixtures for the library. Fiscal Note: Amount: $ 20,000 Term of Impact: [1] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approval of the 2012 (Year 25) Urban County Budget and Program Amendment for the City of Weslaco. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Notice of Public Hearing in English and Spanish. Responsibilities upon Approval:



Page 104 April 15, 2014

PUBLIC HEARING NOTICE CITY OF WESLACO

URBAN COUNTY PROGRAM Publication Date: April 11, 2014

BUDGET AND PROGRAM AMENDMENT

In compliance with Community Development Block Grant (CDBG) requirements, the City of Weslaco will conduct a Public Hearing to solicit input from interested parties on the City’s proposed Budget and Program Amendment to its Urban County Program funding Year 25 (2012) utilizing original work plan. The Public Hearing will be held on Tuesday, April 15, 2014 at 6:00 p.m. at the City of Weslaco Legislative Chamber located at 255 S. Kansas Ave., Weslaco, TX 78596.

The following is the proposed Budget and Program Amendment for your consideration:

Existing Urban County Proposed Budget Year 25 (2012) Budget $ 66,000.00 Public Facilities Improvements (library) (-20,000.00) $ 46,000.00 $ 0.00 Public Service (General) library (+20,000.00) $ 20,000.00 $ 66,000.00 TOTAL $ 66,000.00

The proposed amendment will decrease the Public Facilities Improvements (library) activity by $20,000.00, create a Public Service (general) library activity add funding of $20,000.00 and the following scope of work: the purchase of minor equipment, furnishings shelving and related fixtures for the library. Accommodations for individuals with handicaps shall be provided upon request. For more information, please come by the office or call (956) 968-3181. Written comments may be forwarded to:

Mayor David Suarez City of Weslaco

255 S. Kansas Ave., Weslaco, TX 78596


Page 105 April 15, 2014

AVISO DE AUDIENCIA PÚBLICA CIUDAD DE WESLACO

PROGRAMA URBANO DEL CONDADO DE HIDALGO Fecha de publicación: 11 de abril 2014

PRESUPUESTO Y ENMIENDA DEL PROGRAMA

En conformidad con los requisitos del Programa de Desarrollo Comunitario Concesión de Bloque (CDBG), la Ciudad de Weslaco llevará a cabo una audiencia pública para solicitar la opinión de aquellos interesados en la propuesto y enmienda de la ciudad del programa Urbano del Condado de Hidalgo de sus años de financiamiento 25 y 26 (2012 y 2013). La audiencia pública se llevará a cabo el Martes, 15 de abril 2014 a las 6:00 P.M. en la siguiente ubicación: Municipalidad de la ciudad de Weslaco, Cámara de Legislatura 255 S. Kansas, Weslaco, TX 78596. La siguiente es la propuesta de presupuesto y la enmienda del Programa para su consideración:

Presupuesto Condado Urbano Propuesta Existente Año 25 (2012) de Presupuesto $ 66,000.00 mejoramientos de facilidades publicas (-20,000.00) $ 46,000.00 $ 0.00 servicio público (general) (+20,000.00) $ 20,000.00 $ 66,000.00 TOTAL $ 66,000.00

La enmienda propuesta disminuirá la actividad de mejoramientos de facilidades públicas (biblioteca) por $20,000.00, crear una actividad de Servicio Público (general) y agregara el financiamiento de $20,000.00 y la siguiente alcance de trabajo: para la compra de equipos menores, muebles de estanterías y accesorios relacionados para la biblioteca para asistir en proporcionar servicios Alojamiento para las personas con discapacidad se puede proporcionar a petición. Para obtener más información, por favor venga a la oficina o llame al (956) 968-3181. Los comentarios escritos pueden enviarse a:

El Alcalde David Suarez De la Ciudad de Weslaco

255 S. Kansas Ave., Weslaco, TX 78596


Page 106 April 15, 2014


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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of John Phillips.

Subject: Discussion and consideration of the Final Plat of the Re-subdivision of Greener Pastures Mobile Home Subdivision – being 4.642 acres out of Lots 20-24, 82 & 133-136 of Greener Pastures Mobile Home Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The proposed twenty-two (22) lot subdivision is outside the City of Weslaco and is located on the south right-of-way of Mile 5 North Road, approximately ¼ mile east from Mile 4 West Road. This subdivision is serviced with water and sewer by the City of Weslaco. The property is within a Flood Zone “B”. The developer is requesting a variance on lot sizes for proposed Lots 136-140. A variance is requested on building setbacks. Original setback calls out for 15 feet. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission recommendation will be given at the City Commission meeting. 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 Subdivision Platting, Engineering, Public Facilities, Fire Marshal’s comments, Drainage Report. Responsibilities upon Approval: Planning staff will advise applicant.



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

From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, P.E., Interim Planning Director/City Engineer, on behalf of John Phillips.

Subject: Discussion and consideration to participate with the replacement of existing force main for Lift Station #34, located adjacent to Greener Pastures Mobile Home Subdivision and to grant a variance for placing mobile structures over utility lines. Developer will participate with the replacement of pumps and will grant the City a blanket easement for existing water and sewer utility lines. City staff will approve materials used for construction. Discussion: Developer is requesting assistance to replace existing deteriorated infrastructure. Developer will participate with engineering and construction of pumps and is requesting assistance for force main replacement. In addition, currently, City owns water and sewer lines at this subdivision; however, a utility easement does not exist and lines are located at the center of the lot. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A. Recommendation for Commission Action: Staff recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): N/A Responsibilities upon Approval: Planning staff will advise applicant.



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

From (name, title, department and who submitting on behalf of, if any): George Garrett, Aviation Director, Airport Subject: TxDOT Aviation Drainage Study for Mid Valley Airport Discussion: Discussion and consideration to submit a Resolution to TxDOT Aviation to enter Into a cost sharing agreement 90/10 for Drainage Study for the Weslaco Mid Valley Airport and its impact on the Cities drainage system. This study would help identify problem areas of Drainage on the airport and the impact that they may have on the overall drainage system of the City. The Study is projected to cost $150,000 with the Cities participation being $15,000. Funding from the General Fund to the Airport Fund. If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Aviation Director recommends Approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Resolution Responsibilities upon Approval: Execute and return to TxDOT Aviation



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Fidel L. Pena, III, Commissioner, District 6


April 15, 2014 Ms. Becky Vick Texas Department of Transportation Aviation Division 125 E. 11th Street Austin, Texas 78701-2483 Re: TxDOT CSJ No:1421WESLA Dear Ms. Vick: In reference to the future project referred above, City of Weslaco would like to utilize the services of KSA Engineers, as the design engineer for this current referenced project in accordance with the consultant selection process which we previously performed on CSJ#1321WESLA. At that time, KSA Engineers was selected as the design engineer for this scope of services within five years. Sincerely, David Suarez Mayor


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CERTIFICATION OF PROJECT FUNDS I, , , (Name) (Title) do certify that sufficient funds to meet the ___________________________________ share of (Sponsor Name) project costs as identified for the project and will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount Date Available

_______________________________, Texas (Sponsor)

By:

Title: Date:


Page 114 April 15, 2014

DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE

I, , , (Name) (Title) with the __________________________ designates____________________________________ (Sponsor Name) (Name , Title) as the ____________________ authorized representative for the ___________________ project, (Sponsor Name) who shall have the authority to make approvals and disapprovals as required on behalf of the___________________. (Sponsor Name)

____________________________, Texas (Sponsor)

By: (Signature)

Title: Date: DESIGNATED REPRESENTATIVE Mailing Address: *Physical/Overnight Address:___________________ _________________________________________ Telephone Number:_________________________ Fax Number:_______________________________ E-Mail Address:____________________________ * ALL GRANT AGREEMENTS ARE SENT BY OVERNIGHT MAIL


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RESOLUTION 2014-22

WHEREAS, the CITY OF WESLACO, TEXAS intends to make certain improvements to

the Weslaco Mid Valley Airport; and

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

DRAINAGE STUDY; and

WHEREAS, the CITY OF WESLACO, TEXAS intends to request financial assistance

from the Texas Department of Transportation for these improvements; and

WHEREAS, the CITY OF WESLACO, TEXAS will be responsible for 10% of the total

project costs currently estimated to be $ 150,000.00 .

WHEREAS, the CITY OF WESLACO, TEXAS names the Texas Department of

Transportation as its agent for the purposes of applying for, receiving and disbursing all funds for

these improvements and for the administration of contracts necessary for the implementation of

these improvements;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE

CITY OF WESLACO, that the CITY COMMISSION hereby directs the MAYOR to execute on

behalf of the CITYOF WESLACO, TEXAS at the appropriate time, and with the appropriate

authorizations of this governing body, all contracts and agreements with the State of Texas,

represented by the Texas Department of Transportation, and such other parties as shall be

necessary and appropriate for the implementation of the improvements to the WESLACO MID

VALLEY AIRPORT.

PASSED AND APPROVED this 15th day of April, 2014. CITY OF WESLACO

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


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RESOLUTION NO. 2014-23

A RESOLUTION IN SUPPORT OF ONE DAY IN THE LOWER RIO GRANDE VALLEY

WHEREAS, The effort to document stories that most affect the future of The Lower Rio Grande Valley as part of a participatory media-creation event is a regional effort to inspire citizens to tell stories that will create a more sustainable future in The Lower Rio Grande Valley; and

WHEREAS, The cities of The Lower Rio Grande Valley recognize the importance of One Day in The Lower Rio Grande Valley as it will facilitate a collaborative effort to communicate topics related to our cities’ cultures and futures; and

WHEREAS, The proposed project will build relationships and conversations, while creating a valuable archive of media for continued use and education; and

WHEREAS, The proposed project will inform and unite the communities of The Lower Rio Grande Valley; and

WHEREAS, The cities of The Lower Rio Grande Valley believe that this unique project is necessary to encourage civic engagement, film making, social media, education, and art.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WESLACO, TEXAS THAT the Mayor or his representative is hereby authorized to execute all related documents supporting such initiative.

PASSED AND APPROVED on this 15th day of April 2014.

CITY OF WESLACO

David Suarez, MAYOR

ATTEST:

Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: Ramon Vela, CITY ATTORNEY


Page 117 April 15, 2014

Elvia Caballero Lopez P. O. Box 2670 Austin, Texas 78767-2670 [email protected]

Tel: 512.731.5388 fax: 512.280.7207

MEMORANDUM TO: Leo Olivarez, City of Weslaco FROM: Elvia C. Lopez RE: 83RD Legislative Interim Update DATE: April 1, 2014 84th Session Legislators/Turnover in the Legislature The Tea Party Impact The Tea Party candidates, for the most part did very well. Tea Party supported challenger's defeated 7 incumbent legislators and propelled their candidates into position to win 5 statewide offices in the May run-offs. They didn't win every race, but they had many successes and have influenced the path of the Republican Party in Texas. Turnover in the Legislature The impact of the Democrats kicking out conservatives and the Republican voters kicking out moderates resulted in historic turnovers in both the Texas House and Senate, both chambers will see historic numbers of inexperienced legislators. The turnover in the past three elections will result in almost 100 of the 150 representatives arriving in Austin next session with two or fewer legislative session's experience. In the Texas Senate, 11 of the 31 Senators will be serving their 1st or 2nd terms. The power of day to day legislative business falls to the Committee Chairs in both the House and the Senate. Because of recent turnover, there will be 10 new House Committee Chairs and in the Senate, 5 new Chairmen. The leadership void in both chambers will be so severe that we will likely see legislators with only two years of service being appointed new chairmen of committees. (Numbers so far...21 Representatives & 6 Senators will not be returning in 2015. Those numbers may increase after the May run-offs and the November General Election results are in.)


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Tel: 512.731.5388 fax: 512.280.7207

Speaker Releases Additional Water Committee Assignments Speaker Joe Straus has created several water related committees. The committees will oversee the creation and implementation of the State Water Infrastructure Fund and the will study Water Desalination in the State. The appointees will ensure that efforts to improve the state’s water supply are properly and effectively implemented. They will also help the full House prepare to address water matters in the next legislative session, which begins in January 2015. Straus appointed Reps. Allan Ritter of Nederland, Drew Darby of San Angelo and Eddie Lucio III of Brownsville to serve on the newly created State Water Implementation Fund for Texas (SWIFT) Advisory Committee. The Legislature created the SWIFT advisory committee to oversee the Texas Water Development Board’s implementation of House Bill 4. Passed by the 83rd Legislature and signed into law by Governor Perry in 2013, House Bill 4 established the SWIFT account to pay for needed water supply and conservation projects across Texas. The Joint Interim Committee to Study Water Desalination is comprised of Reps. Todd Hunter of Corpus Christi (Co-Chair), Ryan Guillen of Rio Grande City, Lyle Larson of San Antonio, Marisa Márquez of El Paso, Tim Kleinschmidt of Lexington, Phil King of Weatherford and Terry Canales of Edinburg. Interim Charges: Of the interim charges released, a few themes seem to stand out; technology, economic development and health care. The bigger issues like power, electricity and water will be included but are issues of ongoing importance. Economic Development and Electricity Economic Development is the broad term used in issues pertaining to innovations in the Texas business climate, and its impact on economic vitality in certain areas of the State. The interim charges will study and monitor public private partnerships and the processes to draw business on the State and Local levels. The ongoing concern of the future of Texas’s electricity and power capabilities has also resulted in a few interim charges forcing legislators to take a real look at the possibility of an electricity shortage. Open Government Committee The Committee will review the Texas Public Information Act to ensure that access to public records and information by the public remains fully transparent, but that governmental entities have the authority to protect the privacy interests of citizens, including primary and higher education students, from improper public disclosure.


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Tel: 512.731.5388 fax: 512.280.7207

Water/Utilities Transfer

The 83rd Legislature(2013) approved House Bill 1600 and Senate Bill 567 which includes the transfer of water rate regulations from the Texas Commission on Environmental Quality to the Texas Public Utility Commission. The new law also authorizes the Office of Public Utility Counsel to represent residential and small business water utility customers in water proceedings. The full transfer is scheduled to be completed by September of 2015. The following is the current timeline:

9-1-13 OPUC is authorized to begin representing residential and small business water utility customers in water proceedings 9-1-13 to 9-1-14 TCEQ will continue to address water rate regulations 9-1-13 TCEQ and PUC establish a transition team and begin rulemaking process to implement the transfer of water rates regulations from TCEQ to PUC 9-1-14 Transfer of water rate regulations from TCEQ to PUC 9-1-15 Deadline for adopting final rules implanting the transfer.


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Tel: 512.731.5388 fax: 512.280.7207

MEMORANDUM TO: Joey Trevino,

Weslaco Economic Development Corporation FROM: Elvia C. Lopez RE: Economic Development Legislation in Effect DATE: April 7, 2014 These new effective laws were the result of Legislative Committee hearings held throughout the State last session and concerned members of Statewide Economic Development Corporations. I’m forwarding such to you in the interest of taking advantage of or implementing them to any new projects you might be working on. Let me know if you are interested in additional information or the actual legislation. HB 1966-Relating to a project that may be undertaken by certain development corporations in connection with infrastructure improvements necessary for municipal area development and revitalization. H.B. 1966 seeks to provide more flexibility for the use of economic development funds so that communities with historically high unemployment rates can use the funds for critical infrastructure improvements. H.B. 1966 amends current law relating to a project that may be undertaken by certain development corporations in connection with infrastructure improvements necessary for municipal area development and revitalization. HB 1967-Relating to use of sales and use tax proceeds by certain economic development corporations for certain job-related skills training. Under current law, an economic development corporation may spend tax revenue received under the Development Corporation Act for job training offered through a business enterprise only if the business enterprise commits in writing to create new jobs paying wages that are at least equal to the prevailing wage for the applicable occupation in the local labor market area or to increase its payroll to pay wages that are at least equal to that prevailing wage. H.B. 1967 seeks to authorize certain economic development corporations in an area with high unemployment rates to provide life skills training and job-related skills training to individuals. H.B. 1967 amends current law relating to use of sales and use tax proceeds by certain economic development corporations for certain job-related skills training.


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Tel: 512.731.5388 fax: 512.280.7207

HB 3390-Relating to the Texas Economic Development Act: imposing a penalty In 2001, the 77th Legislature enacted HB 1200, known as the Texas Economic Development Act. The act authorized school districts to negotiate reductions on the appraised value of property for maintenance and operation (M&O) in exchange for businesses locating a manufacturing, research and development, or renewable energy electric generation facility in the district. Districts negotiating their appraised values through such agreements are held harmless by the state for purposes of state education aid. Under Tax Code sec. 313.007, the Economic Development Act expires December 31, 2014. CSHB 3390 would revise provisions governing the Texas Economic Development Act (Chapter 313 of the Tax Code) and extend the expiration date from December 31, 2014 to December 31, 2024. The extension of sections of the Tax Code govern the limits on appraised value of certain property used to create jobs and the limits on appraised value in certain rural school districts.


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Documents

14 04 15 agenda supplements