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Weslaco City Commission Regular Meeting

Page 1 March 5, 2013

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): March 5, 2013 I From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Call to Order, includes the following: A. Certification of Public Notice. B. Invocation. C. Pledge of Allegiance. D. Roll Call. Discussion: A. Mayor will Call to Order and certify Public Notice. B. Pastor Bob Slade, Love of Christ Church will lead the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll. Fiscal Note: Amount: $ N/A Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Four or more Commissioners present constitutes a Quorum; otherwise, no action may be taken. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): One-page with pledges and mission statement. Responsibilities upon Approval: Conduct meeting per Ordinance 2011-05, according to Roberts Rule of Order and commencing at 5:30 p.m.

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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

Weslaco City Commission Regular Meeting

Page 3 March 5, 2013

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): March 5, 2013 II. A., VI. A. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official for City of Weslaco, on behalf of GHA Architects, owner, RARE Hospitality International, Inc. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Mixed Beverage On-Premise Permit at 701 E. Expressway 83, also being a 1.17 acre tract of land out of Lots 6R and 7R of the Re-plat of Lots 6, 7, and 8, SDI Weslaco Holding, LLC Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain a Mixed Beverage On-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 February 4, 2013. Five (5) property owners within 200 ft. of the applicant’s property were notified by letter on February 8, 2013. No comments were received. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 02/20/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit request. 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.

Weslaco City Commission Regular Meeting

Page 4 March 5, 2013

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): March 5, 2013 II. B. and VI. C. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Arturo Ortega. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone RSBR Weslaco (FM 88) Subdivision, also being 2.195 acres out of Farm Tract 743, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District”. Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District.” 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 [ 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 February 4, 2013. Fourteen (14) property owners within 200 ft. of the applicant’s property were notified by letter on February 8, 2013. No comments were received. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 02/20/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the rezone request. 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.

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Page 5 March 5, 2013

A REGULAR MEETING OF THE WESLACO CITY COMMISSION TUESDAY, FEBRUARY 19, 2013 On this 19th day of February, 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in Regular Session at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Mayor Pro-Tem Commissioner Commissioner Commissioner Commissioner Commissioner

Miguel D. Wise J.F. “Johnny” Cuellar David R. Fox Olga M. Noriega Gerardo “Jerry” Tafolla Lupe V. Rivera Joe A. Martinez

City Manager City Secretary City Attorney

Leonardo Olivares Elizabeth M. Walker Ramon Vela

Also present: Bret Mann, Finance Director; Erasmo Lozano, Public Facilities Director; Police Chief Michael Kelly; Fire Chief Jimmy Cuellar; David Arce, Parks and Recreation Director; Mardoqueo Hinojosa, City Engineer; Arnold Becho, Library Director; Martin Mata, Assistant Library Director; Albert Canales, Grants Coordinator; Juan Salas, Information Technology; and several other staff members and citizens. I.

CALL TO ORDER A.

Certification of Public Notice. Mayor Wise called the meeting to order and certified the public notice of the meeting as properly posted Friday, February 15, 2013.

B.

Invocation. Pastor Rene Vega from the Mid Valley Assembly of God delivered the invocation.

C.

Pledge of Allegiance. Mayor Wise recited the Pledge of Allegiance and the Texas Flag.

D.

Roll Call. Elizabeth Walker, City Secretary, noted perfect attendance.

II.

CONSENT AGENDA A.

Approval of the Minutes of the following: 1) Regular Meeting of December 4, 2012; 2) Regular Meeting of December 18, 2012; 3) Regular Meeting of January 3, 2013; 4) Regular Meeting of January 15, 2013;

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5) Special Meeting of January 16, 2013; and 6) Regular Meeting of February 5, 2013. (Requested by City Secretary’s Office.) Attachment. B.

Approval of Resolution 2013-23 related to the completion of file compliance work on Texas General Land Office Contract DRS010201 Generator Projects, including to appoint Alberto Canales as Labor Standards Officer; Section 504 Officer and Equal Opportunity/Fair Housing Officer; and approval of Resolution 2013-24 to adopt a Section 3 Plan (Policy) and adopt a Section 504 Grievance Procedure; and authorize the Mayor to execute any related documents. (Requested by Public Utilities Department.) Attachment.

C.

Approval of amendment to the expiration date of the current contract with Texas A&M University at Kingsville (TAMUK) for the Phase II Non-Point Source Water Quality Management Planning and Implementation Grant to correspond to the primary agreement with the Texas Commission on Environmental Quality from August 31, 2014 to July 31, 2014, a difference of one month and authorize the Mayor to execute any related documents. (Requested by Library Department.) Attachment.

D.

Approval of the renewal of the lease agreement with Martin Garcia, Jr. for the presentation of movies at Weslaco City Park located at 300 N. Airport Drive on designated dates June – August 2013 and authorize the Mayor to execute any related documents. (Requested by Parks & Recreation Department.) Attachment.

E.

Approval of the renewal of the lease agreement with Weslaco Little League for the use of Isaac Rodriguez Park Multi-Purpose Field and Minor Field and Concession Stands, and at Harlon Block/Sports Complex Field #1 and Concession Stands for a term of five months, March 1 – July 31, 2013, and authorize the Mayor to execute any related documents. (Requested by Parks & Recreation Department.) Attachment.

F.

Approval of the local agreement with the Hidalgo County Criminal District Attorney’s Office for the services associated with forfeitures of contraband and authorize the Mayor to execute any related documents. (Requested by Police Department.) Attachment.

G.

Approval of the amendment to Resolution 2010-20 establishing an appointment policy for service on City of Weslaco Boards, Commissions, authorities, and committees to include qualification criteria. (Requested by City Manager’s Office.) Attachment. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the consent agenda as presented. The City Manager requested item G be withheld from consideration. Commissioner Tafolla, seconded by Commissioner Rivera, withdrew his motion and moved to approve consent agenda items A-F as presented. The motion carried; Mayor Wise was present, but not voting. There was no action on item G.

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For the record, the Resolutions read as follows: RESOLUTION NO. 2013-23 A RESOLUTION APPPOINTING A LABOR STANDARDS OFFICER AND A SECTION 504 OFFICER/EQUAL OPPORTUNITY/FAIR HOUSING OFFICER FOR COMPLETION OF FILE COMPLIANCE WORK REQUIREMENTS OF TEXAS GENERAL LAND OFFICE CONTRACT DRS010201 GENERATOR PROJECTS DIRECTED BY MR. DAVID SALINAS, DIRECTOR OF PUBLIC UTILITIES FOR THE CITY OF WESLACO. WHEREAS, the City of Weslaco is contractually-obligated to comply with all federal regulations regarding The Texas General Land Office Contract DRS010201 Generator Projects directed by Mr. David Salinas, Director of Public Utilities for the City of Weslaco. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO THAT: The Mayor shall execute the following documents: Appoint Mr. Alberto Canales as (1) Labor Standards Officer; and (2) Section 504 Officer/Equal Opportunity/Fair Housing Officer. PASSED AND APPROVED on this 19th day of February, 2013. RESOLUTION NO. 2013-24 A RESOLUTION TO ADOPT A SECTION 3 PLAN (POLICY) AND A SECTION 504 GRIEVANCE PROCEDURE TO COMPLY WITH WORK ON TEXAS GENERAL LAND OFFICE CONTRACT DRS010201 GENERATOR PROJECTS DIRECTED BY MR. DAVID SALINAS. WHEREAS, the United States Congress passed Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) to further the goal of ensuring that federal funds benefit lowincome residents of projects funded wholly or in part by those funds; and WHEREAS, the United States Congress passed Section 504 of the Rehabilitation Act of 1973 as amended (29 USC 794) in part that “No otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from the participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance …” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT The City of Weslaco authorizes the adoption and implementation of a Section 3 Plan (Policy) and a Section 504 Grievance Procedure to ensure compliance with Federal Law. PASSED AND APPROVED on this 19th day of February, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

III.

OLD BUSINESS A.

Discussion and consideration to approve a professional services agreement for a Rate Study of the Public Utilities of the City of Weslaco to include the water, waste water and solid waste and authorize the Mayor to execute any related documents. Possible

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action. (There was no action on this item February 5, 2013; Requested by Public Utilities Department.) Attachment. There was no action on this item. IV.

APPOINTMENTS A.

Discussion and consideration to nominate a member of the Weslaco community, who has made significant civic contributions and achievements, to the Rio Grande Valley Walk of Fame as part of BorderFest 2013 and authorize the Weslaco City Commission to sign the nomination form. Possible action. (There was no action on this item February 5, 2013; Requested by City Manager.) Attachment. The City Manager stated that the City of Hidalgo requested the City nominate a member of the community and identified past honorees. Mayor Pro-Tem Cuellar stated that the Warrens have worked together tirelessly because they support each other and their community and it would only be fair to nominate them together. Commissioner Fox, seconded by Commissioner Rivera, moved to nominate Mr. and Mrs. Charles Warren to the Rio Grande Valley Walk of Fame as part of BorderFest 2013. The motion carried; Mayor Wise was present, but not voting.

B.

Discussion and consideration to approve Resolutions 2013-14 and 2013-16 to fill the expired term of two members to the Weslaco Health Facilities Development Corporation. Possible action. (There was no action on this item February 5, 2013; Requested by Finance Department.) Attachment. The City Manager stated that there are two vacancies: one is held by Maricela Hernandez who no longer resides in Weslaco; the second position the City Manager holds and resigns to avoid any conflict of interest upon the appointment of a new member. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to suspend Resolution 2010-20, to remove Maricela Hernandez as member, and to approve Resolution 2013-14 appointing Carlos Robledo as a member to the unexpired term of Maricela Hernandez on the Weslaco Health Facilities Development Corporation. The motion carried; Mayor Wise was present, but not voting. There was no action on Resolution 2013-16. For the record, the Resolution reads as follows: RESOLUTION NO. 2013-14 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE WESLACO HEALTH FACILITIES DEVELOPMENT CORPORATION. WHEREAS, in accordance with the Health Facilities Development Act, Article 1528j, Vernon’s Texas Civil Statues (the “Act”) the City Commission (The Governing Body) herby finds and determines that a health facilities development corporation be authorized and created, with such health facilities development corporation to be known as the “Weslaco Health Facilities Development Corporation”; and

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WHEREAS, the purpose of this board is to promote new, expanded or improved health facilities in order to assist the maintenance of the public health and the public welfare. WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this board will hold office for a term of no more than six years; and WHEREAS, the Weslaco Health Facilities Development Corporation members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMTSSION OF THE CITY OF WESLACO, TEXAS THAT Carlos Robledo is appointed to serve an unexpired term on the Weslaco Health Facilities Development Corporation and the term will expire on as assigned. PASSED AND APPROVED on this 19th day of February, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

C.

Discussion and consideration to approve Resolutions 2013-13, Resolution 2013-28, Resolution 2013-29, Resolution 2013-30, Resolution 2013-31, Resolution 2013-32, and/or Resolution 2013-33 to appoint members on the Board of Directors of the Economic Development Corporation of Weslaco. Possible action. (Requested by Economic Development Corporation of Weslaco.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to table the item until later in the meeting. The motion carried; Mayor Wise was present, but not voting.

D.

Discussion and consideration to approve Resolution 2013-25 appointing a member, an alternate member, and three designated proxy members to the Hidalgo County Metropolitan Planning Organization (MPO) Transportation Policy Committee for fiscal year 2013. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager explained that the Metropolitan Planning Organization (MPO) programs federal and state dollars for transportation projects and every city in the county is a member; the City Manager stated that former Commissioner Robert Garza is a current member and should be replaced. Mayor Pro-Tem Cuellar stated that the MPO is going to become very busy with potential funding for certain roads within city limits and he would not have the time to dedicate to this program. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve Resolution 2013-25 appointing Commissioner Tafolla as member, City Manager Leonardo Olivares as alternate, and Mayor Wise, Commissioner Fox and Commissioner Rivera as proxies to the Hidalgo County Metropolitan Planning Organization (MPO) Transportation Policy Committee for fiscal year 2013. The motion carried; Mayor Wise was present, but not voting. The City Attorney recommended that the Commission vote to remove the current

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members then appoint the new members. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to amend the motion to include the resignation of current members and proxies. The motion carried; Mayor Wise was present, but not voting. For the record, the Resolution reads as follows: RESOLUTION NO. 2013-25 THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

A RESOLUTION APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE HIDALGO COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO)

WHEREAS, the MPO has requested that a City of Weslaco elected official serve as the official member of the MPO Board of Directors; and WHEREAS, the MPO has requested that a City of Weslaco elected official be appointed to serve as an alternate member of the MPO Board of Directors; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO that Commissioner Gerardo “Jerry” Tafolla be appointed as the official member of the MPO Board of Directors. BE FURTHER RESOLVED that City Manager Leonardo Olivares be appointed as the an alternate member of the MPO Board of Directors, that the following three individuals be appointed designate proxies with all appropriate privileges assigned, including Mayor Miguel D. Wise, Commissioner David R. Fox, Commissioner Lupe V. Rivera, and a copy of this Resolution shall be delivered to the MPO Office to evidence these appointments. PASSED AND APPROVED this 19th day of February, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

E.

Discussion and consideration to approve Resolution 2013-26 appointing a member and an alternate member to the Lower Rio Grande Valley Development Council (LRGVDC). Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. The City Manager stated currently Mayor Pro-Tem Cuellar serves as the member with Commissioner Tafolla as the alternate. Proposed as a matter of housekeeping, the City Manager stated the only requirement is the member must be an elected official; he recommended that the Commission nominate a representative and appoint the remaining Commission as alternates. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve Resolution 2013-26, appointing Mayor Pro-Tem Cuellar as representative with the remainder of the Commission, including the Mayor, as alternates to the Lower Rio Grande Valley Development Council (LRGVDC). The motion carried; Mayor Wise was present, but not voting.

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For the record, the Resolution reads as follows: RESOLUTION NO. 2013-26 THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

ยง ยง ยง

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

WHEREAS, the Lower Rio Grande Valley Development Council (LRGVDC) has requested that a City of Weslaco elected official serve as the official member to its Board of Directors; and WHEREAS, the LRGVDC further has requested that a City of Weslaco elected official serve as the alternate member of the LRGVDC Board of Directors; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO that Mayor Pro-Tem John F. Cuellar be appointed as the official member to serve in the LRGVDC Board of Directors. BE FURTHER RESOLVED that the remainder of Commission, including Mayor be appointed as the alternate member to serve in the LRGVDC Board of Directors and a copy of this Resolution shall be delivered to the Lower Rio Grande Valley Development Council office to evidence these appointments. PASSED AND APPROVED this 19th day of February, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

V.

NEW BUSINESS A.

Discussion and consideration to approve the renewal of a professional services agreement with Garza & Pena, PLLC as City Prosecutor and authorize the Mayor to execute any related documents. Possible action. (Requested by the Mayor.) Attachment. City Manager requested that the item be moved into executive session to discuss contract negotiations.

B.

Discussion and consideration to approve the submission of project information forms to the Texas Water Development Board Fiscal Year 2014 Clean Water State Revolving Fund and Drinking Water State Revolving Fund Intended Use Plans and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated that staff proposes applications to the Texas Water Development Board identifying the South Wastewater Treatment Plant, which is at 75% capacity triggering the planning phase of this project; the City requests $677,000 from the Board so the project can stay on schedule. The deadline to submit applications is March 1, 2013. Mayor Pro-Tem, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

Weslaco City Commission Regular Meeting

C.

Page 12 March 5, 2013

Discussion and consideration to approve Resolution 2013-27 authorizing the submission of the Final Proposed Annual Work Plan for the City of Weslaco for Year 26 (2013) under the Hidalgo County Urban County Program and accepting the allocation of approximately $308,702.00, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated that this item is a continuing effort on behalf of the City and the County to replace water distribution and wastewater collection lines located in the historic part of the City with a total project cost of $308,702. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, the Resolution reads as follows: RESOLUTION NO. 2013-27 A RESOLUTION ADOPTING THE WORK PLAN AND BUDGET FOR YEAR 2013 (Year 26) 2013 URBAN COUNTY PROGRAM. WHEREAS, the City of Weslaco is participating in the Urban County Program; and WHEREAS, the City of Weslaco conducted a Public Hearing on Tuesday, October 2, 2012 at 6:00 P.M. at the Weslaco City Hall, located at 255 S. Kansas Avenue, to solicit public input on community needs in compliance with CDBG requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO THAT: The Urban County Work Plan and Budget for the Year Twenty-Six (26) 2013 Urban County Program is hereby adopted as follows: PROGRAM ACTIVITY 1. General Program Administration 2. Water/Sewer Improvements 3. Public Service (Library) 4. LRGVDC Foster Grandparent Program TOTAL

BUDGET $ 5,202.00 $ 285,000.00 $ 15,000.00 $ 3,500.00 $ 308,702.00

PASSED AND APPROVED on this 19th day of February, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

D.

Discussion and consideration to amend the Articles of Formation of the Economic Development Corporation of Weslaco to change the number of Directors and their qualifications to be appointed by the governing body of the City of Weslaco. Possible action. (Requested by City Manager’s Office.) Attachment.

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The City Manager stated the citizens of Weslaco voted in the November election by propositions one – six to allow greater authority for the Economic Development Corporation to undertake additional projects; as part of that effort the he recommends amending the articles of formation. State law permits a minimum of five (5) board directors; additionally the City previously changed the articles of formation to require one board member to be selected by each Commissioner from each district. The City Manager recommends eliminating the requirement that each Commissioner select a representative from his or her own district and the provision that prohibits an elected official from serving on the board within five years of public service. Mayor Pro-Tem, seconded by Commissioner Rivera, moved to amend the Articles of Formation of the Economic Development Corporation of Weslaco to retain seven (7) members with four (4) members as current Commissioners and three (3) at-large who are residents and/or business owners or operators in Weslaco, to waive the five (5) year prohibition of former elected officials and remove appointments by district. The City Manager clarified this action removes the geographical requirement that there has to be a member from each district, eliminates the guarantee each Commissioner has the ability to appoint one member, and eliminates the five-year waiting period for elected officials. Commissioner Noriega questioned if the system worked, why did the Commission want to change it? She stated she felt it wrong for the Commission to control the EDC by electing four of its own members to serve on the EDC Board, particularly as this may create potential conflicts of interest. Commissioner Noriega asked, why the amendments to the Articles of Formation in the agenda are not the same as what is being recommended? The City Manager stated that these were the amendments as prepared on Friday for the agenda, but since then he had conversations with the City Attorney and incorporated changes. Commissioner Noriega stated that she believes this was misleading the community by sending out the agenda and then changing its content; the City Manager replied this is a democratic process: in a deliberative process the Commission may accept, deny, or amend any action proposed. Mayor Wise stated that the Commission understood that some of the documents in the agenda supplements are drafts and that the Mayor Pro-Tem Cuellar even made a change to the proposed draft and the governing body is empowered to do that; however, the Mayor too asked, if the system isn’t broke why fix it? The City Manager stated that the key issue was the election, which is an opportunity for the EDC to do more projects and is an opportunity for an assessment of the organization and its governance. The City Manager stated that the Commission is directly accountable to the community but that is not the case with the EDC, so by appointing some of the Commission to the board it will create a greater accountability to the community. Mayor Pro-Tem Cuellar stated that he finds no fault with the current board and he would like to follow in the footsteps of Edinburg and Pharr where elected officials serve on the board. Commissioner Noriega opposed. The motion carried (5-1); Mayor Wise was present, but not voting.

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Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to remove from the table item IV. C. The motion carried unanimously; Mayor Wise was present, but not voting. C.

Discussion and consideration to approve Resolutions 2013-13, Resolution 2013-28, Resolution 2013-29, Resolution 2013-30, Resolution 2013-31, Resolution 2013-32, and/or Resolution 2013-33 to appoint members on the Board of Directors of the Economic Development Corporation of Weslaco. Possible action. (Requested by Economic Development Corporation of Weslaco.) Attachment. The City Manager recommended that the Commissioner suspend Resolution 2010-20 and have each appointee complete the proper process. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to suspend Resolution 2010-20 and to approve Resolution 2013-13 appointing Commissioner Tafolla, Resolution 2013-28 appointing Commissioner Martinez, Resolution 2013-29 appointing Commissioner Rivera, Resolution 2013-30 appointing Commissioner Fox, Resolution 2013-31 reappointing Ms. Leticia Aleman, Resolution 2013-32 reappointing Mr. Richard Lehman, and Resolution 2013-33 appointing Andrew Gonzalez as members to the Board of Directors of the Economic Development Corporation of Weslaco. Commissioner Noriega asked, why the Commissioners are being appointed under the new Articles of Formation if the amendments are not be effective until they are filed with the Secretary of State and if the Commission is allowed to act on this item at this time? The City Attorney stated that the action of the Commission is the valid vote and the filing with the Secretary of the State is the ministerial formality. Commissioner Noriega requested such guidance in writing. Commissioner Noriega opposed. The motion carried (5-1); Mayor Wise was present, but not voting. For the record, the Resolutions read as follows: RESOLUTION NO. 2013-13 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Commissioner Gerardo “Jerry” Tafolla is appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned.

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PASSED AND APPROVED on this 19th day of February, 2013. RESOLUTION NO. 2013-28 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Commissioner Joe A. Martinez appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned. PASSED AND APPROVED on this 19th day of February, 2013. RESOLUTION NO. 2013-29 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Commissioner Lupe V. Rivera appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned. PASSED AND APPROVED on this 19th day of February, 2013. RESOLUTION NO. 2013-30 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Commissioner David R. Fox appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned.

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PASSED AND APPROVED on this 19th day of February, 2013. RESOLUTION NO. 2013-31 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Leticia Aleman appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned. PASSED AND APPROVED on this 19th day of February, 2013. RESOLUTION NO. 2013-32 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Richard Lehman appointed to a term as a member of the Board of Directors of the Economic Development Corporation to be assigned. PASSED AND APPROVED on this 19th day of February, 2013. RESOLUTION NO. 2013-33 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF WESLACO WHEREAS, the City of Weslaco has established the Economic Development Corporation pursuant to the Development Corporation Act of 1979 as amended; and WHEREAS, the term of one member on this board of this corporation is for three years; and WHEREAS, The Economic Development Corporation of Weslaco’s board members shall serve staggered terms without compensation and limited to two (2) consecutive three (3) year terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Andrew Gonzalez appointed to a term as a member of the Board of

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Directors of the Economic Development Corporation to be assigned. PASSED AND APPROVED on this 19th day of February, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

VI.

REPORTS A.

Report on Departmental Update, Financial Appointments, and Feedback. Attachment.

Status,

Upcoming

Meetings,

The City Manager reported the City has begun construction of the elevated storage tank at the Harlon Block Sports Complex and initiated the project to get an updated map of the distribution lines and fire hydrants. B.

Report on Water Rights and Quality. Attachment. The City received a letter from the Texas Commission on Environmental Quality (TCEQ) regarding water availability to the Water Treatment Plant: the agricultural water will run out in about 60 days and additional costs will be incurred. Mayor Wise stated that he understood that Republic of Mexico owes the United States 600,000 acre/feet of water. Though the City has sufficient water rights, the cost will increase and believes the City should take the lead on meeting with Mayors, City Managers and Water District Directors.

VII.

PUBLIC COMMENTS Mr. Samuel Cavazos stated he is unhappy because he feels his concerns are being ignored. Over the past two weeks he has called the phone numbers listed on the City’s website, but has been told those number are incorrect and was transferred; he has left messages for Commissioner Rivera, but has not received a call back. Mr. Cavazos stated at the last Commission Meeting he was given forms to file for a citizen complaint but the forms are watermarked as drafts. When he spoke to the City Manager’s Office in reference to the forms he was advised that the forms were indeed just drafts and no policy has been approved by the Commission on handling a citizen complaint. Mr. Cavazos stated that he believes the problem is political in nature and works well for some citizens and not for the whole community. He believes there to be a strong political fraction in Weslaco and only those who work for a Commissioner during election don’t get ignored. Mr. Cavazos stated that the Mayor’s letter is very appropriate for incoming business and visitors but not its residents. Mr. Cavazos quoted the City’s Mission Statement from the website, and does not believe the Commissioners handle the City’s issue properly. Mr. Cavazos believes the City does not value its own Mission Statement and the City is being run as a dictatorship. Commissioner Rivera called time at eight minutes. Mayor Wise stated that public comments is a section for citizens to express wishes, desires and complaints; however the speaker should be limited to three minutes, cannot attack any City employees or

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Commissioners nor may the Commission respond to the comments. VIII.

EXECUTIVE SESSION At 6:41 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 7:31 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

IX.

POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION A.

Pending Litigation – Consult with City Attorney regarding Cause No. C-0435-13-A, Richard Stubbs v. The City of Weslaco, Texas; Veronica Ramirez, in her official capacity as Weslaco Civil Service Director, as authorized by §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to retain Shelton and Valdez to file an answer in response to Cause No. C-0435-13-A, Richard Stubbs v. The City of Weslaco, Texas; Veronica Ramirez, in her official capacity as Weslaco Civil Service Director. The motion carried unanimously; Mayor Wise was present, but not voting.

B.

Pending Litigation – Consult with City Attorney on settlement regarding Case No. 3:10-cv-00188-JPG-PMF, City of Greenville, et al. v. Syngenta Crop Protection, Inc. et al., United States District Court for the Southern District of Illinois as authorized by §551.071 of the Texas Government Code. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to accept $5,061.25, authorize a budget amendment, and deposit to the General Fund. The motion carried unanimously; Mayor Wise was present, but not voting.

C.

Pending Litigation – Consult with City Attorney regarding Cause No. C-3865-10-I, City of Weslaco v. Champion Energy Services, LLC as authorized by §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to give City Manager authority to retain additional counsel regarding Cause No. C-3865-10-I, City of Weslaco v. Champion Energy Services, LLC. The motion carried unanimously; Mayor Wise was present, but not voting.

D.

Personnel – Consult with City Attorney regarding a claim for reimbursement of sick leave, vacation leave, and back wages as authorized by §551.071 of the Texas Government Code. There was no action on this item.

E.

Economic Development - Discussion with City Attorney regarding an incentive greater than $100,000.00 for an economic development project as authorized by §551.087 of The Texas Local Government Code.

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There was no action on this item. A.

Discussion and consideration to approve the renewal of a professional services agreement with Garza & Pena, PLLC as City Prosecutor and authorize the Mayor to execute any related documents. Possible action. (Requested by the Mayor.) Attachment. There was no action on this item.

X.

ADJOURNMENT

With no other business before the Commission, at 7:35 p.m. Commissioner Fox, seconded by Commissioner Rivera, moved to adjourn the February 19, 2013 regular meeting. The motion carried unanimously; Mayor Wise was present, but not voting. CITY OF WESLACO

MAYOR, Miguel D. Wise 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 V. Rivera

COMMISSIONER, Joe A. Martinez

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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): March 5, 2013 III. C. From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Overtime Discussion: Discussion in consideration to approve a budget amendment from the Wastewater Fund and the Retained Earnings Acct to the Water fund for the amount not to exceed $5,000.00 to cover the overtime hours for the Water Distribution Account for the rest of FY 2012-2013. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: 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”): Budget Amendment (not available at time of agenda printing) Responsibilities upon Approval: Upon Approval, city secretary’s office will convey executed budget amendments to the Public Utilities Dept.

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Adjustments & Appeals to Zoning Oridnance Adjustments & Appeals to Building Codes Ambulance Advisory Board Animal Shelter Advisory Committee Civil Service Commission Economic Development Corporation Housing Authority Board Library Board Parks & Recreation Advisory Board Planning & Zoning Commission Public Facilities & Transportation Improvements Naming Committee Traffic Safety Committee Water Conservation Management Committee Weslaco Hospital Authority Weslaco Mid-Valley Airport Committee

character X X

public officer

age

residency

citizenship X X

X X X adult

X X >3yr >25 >3yr X X >5yr no

taxpayer/property owner X

X

qualified voter X

X

management experience

no litigation X

# members 5 7 7 5* 3 7 5 5 7 7 7 7 7 7 7

term length (st = staggered) 2yr 4yr 2yr

meeting schedule term limits

Sec 150-19 reg interval X Art IX Sec 280-283 min. 3 mths Art I, Sec 14-1 3/year Ord 2012-02 2 st3yr 3* 72hr notice Ch 143 4 2* monthly Bylaws, Art of Inc 2yr 2 LGC Sec 392.033 2yr Art II Sec 78.21-28 3yr Art IV Sec 98-90 3yr Art III Sec 2.98-103 st3yr Ord 2011-16 Sec 134.4 Ord 96-11 2yr HSC ยง262.001 st3yr Art II Sec 6-33

# quorum 4 4

Defined Duties deisgnated final authority

Member Qualifications

governing statutes

subject interest

City of Weslaco Boards and Committees

appointing authority CC CC CC CC appt by CM, confirm by CC 1/SMD CC appt by Mayor CC appt by Mayor, confirm by CC CC CC CC CC CC CC

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Application for Service City of Weslaco Boards and Committees Name of Applicant:

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

[ ] Inside City Limits [ ] Outside City Limits Zip Code:

City:

State:

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 related to any member of the Commission? [ ] Yes or [ ] No Have you previously served on a City board? [ ] Yes or [ ] No Have you ever been elected to public office? [ ] Yes or [ ] No Do you consent to release this info to the public? [ ] 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. Applicant’s Signature:

Are you currently suing or bring sued by the City of Weslaco or any of its entities? [ ] Yes or [ ] No If so, who and how? If so, which and when? If so, which and when? Are you age 25 or older? [ ] Yes or [ ] No Timestamp of Receipt:

Optional Demographic Information: Self Identification Gender: Age: Race: Religion: Citizenship: Office of the City Secretary · tel. 956.968.3181 · fax. 956.968.6717

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Applicants INTERESTED YES/NO

FIRST NAME Alexandro Benita R Joe M. Luciano S "Chano" Martin Minerva Usvaldo Melva Rolando Jose

LAST NAME Benavides Valadez Hernandez Garza III Olivarez Reese Ascencio Segura Noriega Sanchez

BUSINESS 956-318-2300 956-447-1025 956-357-2175

HOME 956-251-6944 956-778-7828 956-388-2132 956-854-4042

956-968-5436 956-968-5436 956-792-7835 956-463-9535 956-968-4480 956-463-7133

CELL

956-463-5656 956-968-8169 956-463-2997

PHYSICAL ADDRESS 1301 Ambrosia Dr 1002 Bella Vista 1307 Mango Court 1704 W Sixth St 510 W 11th PO Box 739 106 Pe単a Ave 2205 S Bridge Ave 309 S Indiana 1507 Ricardo St.

APPLICATION DATE 12/27/2011 12/27/2011 5/24/2006 6/30/2011 2/21/2007 6/30/2011 11/4/2011 11/4/2012 12/3/2013 12/27/2012

CURRENT BOAD MEMBERS - HOUSING AUTHORITY TERM START

TERM EXPIRES

7/1/2010 4/5/2005 8/4/2009 11/1/1993 12/10/2010

7/21/2014 7/21/2014 12/21/2013 11/20/2013 12/7/2012

TERMS SERVED 0 3 0 5 0

FIRST NAME Deborah L Javier Rogelio Joe Baltazar

LAST NAME Castillo Martinez Tijerina Vasquez Garcia

APPLICATION DATE 7/12/2010 6/19/2012 11/14/2011 12/15/1992

Meeting Date The Weslaco Housing Authority Board meets on the last Wednesday of the month at 6:00 P.M., Alta Vista Meeting Room, 303 W. 6th St. Narrative The Housing Authority of the City of Weslaco is authorized to transact business and exercise its powers pursuant to the Housing Authorities Law of the State of Texas

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RESOLUTION NO. 2013-03 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE HOUSING AUTHORITY BOARD. WHEREAS, the City of Weslaco has established the City of Weslaco Housing Authority Board as per the Texas Local Government Code Section, 392.031 the Mayor shall appoint the Housing Authority Commissioners; and WHEREAS, the terms of the members of this board are for (2) two years; and WHEREAS, the Housing Authority Board members shall serve without compensation and unlimited terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR OF THE CITY OF WESLACO, TEXAS THAT ______________________ is appointed to serve an expired (2) two year term on the Housing Authority Board and the term will expire on _______________. PASSED AND APPROVED on this 5th day of March, 2013. CITY OF WESLACO __________________________________ Miguel D. Wise, MAYOR ATTEST: __________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: _________________________________ Ramon Vela, CITY ATTORNEY

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HEALTH FACILITIES BOARD APPLICANTS TERM STARTED LENGTH OF TERM None as of March 1, 2013

FIRST NAME LAST NAME PHONE

TERM STARTED 7/10/2008 2/20/2013 12/6/2011 7/10/2008 1/19/2010

FIRST NAME Carlos Carlos Roger Joe Leonardo

CELL PHONE ADDRESS

EMAIL ADDRESS

HEALTH FACILITIES BOARD MEMBERS LENGTH OF TERM TBD TBD TBD TBD TBD

LAST NAME Guerra Robledo Heredia Cardenas Olivares

PHONE 968-5040 351-0467 968-6986 968-7987 968-3181 ext 2437

CELL PHONE ADDRESS 975-8229 1205 W 4th Street 1421 Southgate Cr. 330-9223 706 W Mile 11 N 330-6763 1621 Misty Lane 532-9543 255 S Kansas

EMAIL ADDRESS

rrheredia@rgv.rr.com

The purpose of this board is to promote new, expand or improved health facilities in order to assist the maintenance of the public health

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RESOLUTION NO. 2013-16 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE WESLACO HEALTH FACILITIES DEVELOPMENT CORPORATION.

WHEREAS, in accordance with the Health Facilities Development Act, Article 1528j, Vernon’s Texas Civil Statues (the “Act”) the City Commission (The Governing Body) herby finds and determines that a health facilities development corporation be authorized and created, with such health facilities development corporation to be known as the “Weslaco Health Facilities Development Corporation”; and WHEREAS, the purpose of this board is to promote new, expanded or improved health facilities in order to assist the maintenance of the public health and the public welfare. WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this board will hold office for a term of no more than six years; and WHEREAS, the Weslaco Health Facilities Development Corporation members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMTSSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve a term on the Weslaco Health Facilities Development Corporation with a term to be assigned. PASSED AND APPROVED on this 5th day of March, 2013. CITY OF WESLACO ___________________________________ Miguel D. Wise, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY

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RESOLUTION NO. 2013-35 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE WESLACO HEALTH FACILITIES DEVELOPMENT CORPORATION.

WHEREAS, in accordance with the Health Facilities Development Act, Article 1528j, Vernon’s Texas Civil Statues (the “Act”) the City Commission (The Governing Body) herby finds and determines that a health facilities development corporation be authorized and created, with such health facilities development corporation to be known as the “Weslaco Health Facilities Development Corporation”; and WHEREAS, the purpose of this board is to promote new, expanded or improved health facilities in order to assist the maintenance of the public health and the public welfare. WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this board will hold office for a term of no more than six years; and WHEREAS, the Weslaco Health Facilities Development Corporation members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMTSSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve an unexpired term on the Weslaco Health Facilities Development Corporation with a term to be assigned. PASSED AND APPROVED on this 5th day of March, 2013. CITY OF WESLACO ___________________________________ Miguel D. Wise, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY

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RESOLUTION NO. 2013-36 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE WESLACO HEALTH FACILITIES DEVELOPMENT CORPORATION.

WHEREAS, in accordance with the Health Facilities Development Act, Article 1528j, Vernon’s Texas Civil Statues (the “Act”) the City Commission (The Governing Body) herby finds and determines that a health facilities development corporation be authorized and created, with such health facilities development corporation to be known as the “Weslaco Health Facilities Development Corporation”; and WHEREAS, the purpose of this board is to promote new, expanded or improved health facilities in order to assist the maintenance of the public health and the public welfare. WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this board will hold office for a term of no more than six years; and WHEREAS, the Weslaco Health Facilities Development Corporation members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMTSSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve an unexpired term on the Weslaco Health Facilities Development Corporation with a term to be assigned. PASSED AND APPROVED on this 5th day of March, 2013. CITY OF WESLACO ___________________________________ Miguel D. Wise, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY

Weslaco City Commission Regular Meeting

TERM START 12/20/2011 5/6/2011 2/7/2006 3/17/2011 3/21/2006

INTERESTED YES/NO

TERM EXPIRES 5/6/2013 5/6/2013 3/21/2013 3/17/2013 3/3/2013

FIRST NAME Juan Micheal Christine Joel Idolina

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LAST NAME Hernandez Casteneda Warren De los Santos Garcia

APPLICATION DATE

3/1/2013

LIBRARY BOARD APPLICANTS FIRST NAME Alvino Barbara Cynthia Anne Fabriel Jose A. Leticia Luciano S "Chano"

LAST NAME Flores Sr. Heid Gonzalez Cisneros Rios Lopez Garza III

BUSINESS 956-532-9268

HOME

956-570-5164

956-464-5355 956-570-5163

956-565-6334 956-756-7303

956-351-9547

PHYSICAL ADDRESS 1119 Villas del Norte St 602 N Victoria Rd M149 1111 W 5th Street 901 W 4th Street 2200 Largo St 1315 Clifton 3515 Pecan Grove Dr

APPLICATION E-MAIL ADDRESS DATE 10/17/2011 aflores903@hotmail.com 6/26/2009 9/3/2009 10/13/2011 fabcisneros@aol.com 10/20/2010 jrios1972@yahoo.com letty@lgconcrete.com 1/8/2013 Lsgarza3@yahoo.com

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RESOLUTION NO. 2013-37 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE LIBRARY BOARD. WHEREAS, the City of Weslaco has established the Library Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Library Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________ is appointed to serve a two year term on the Library Board and the term will expire on ______________________. PASSED AND APPROVED on this 5th day of March 2013. CITY OF WESLACO _____________________________ Miguel D. Wise, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: _________________________________ Ramon Vela, CITY ATTORNEY

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RESOLUTION NO. 2013-38 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE LIBRARY BOARD. WHEREAS, the City of Weslaco has established the Library Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Library Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________ is appointed to serve a two year term on the Library Board and the term will expire on ______________________. PASSED AND APPROVED on this 5th day of March 2013. CITY OF WESLACO _____________________________ Miguel D. Wise, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: _________________________________ Ramon Vela, CITY ATTORNEY

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RESOLUTION NO. 2013-39 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE LIBRARY BOARD. WHEREAS, the City of Weslaco has established the Library Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Library Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________ is appointed to serve a two year term on the Library Board and the term will expire on ______________________. PASSED AND APPROVED on this 5th day of March 2013. CITY OF WESLACO _____________________________ Miguel D. Wise, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: _________________________________ Ramon Vela, CITY ATTORNEY

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AMBULANCE ADVISORY BOARD APPLICANTS INTERESTED YES/NO

FIRST NAME LAST NAME Leticia Lopez Patrick B Kennedy Jaime J Cuellar

TERM START

TERM EXPIRES

3/15/2010 8/17/2010 2/7/2006 4/17/1984 4/5/2005 3/2/1999 12/18/2012

3/15/2014 2/16/2014 2/7/2014 4/17/2013 4/5/2013 2/15/2013 12/19/2014

BUSINESS 956-565-6334 956-975-1726 956-447-3415

HOME PHYSICAL ADDRESS 956-490-5559 1315 Clifton St 956-973-8566 912 Kerria St 956-969-1509 805 Cancun

AMBULANCE ADVISORY BOARAD CURRENT MEMBERS TERMS SERVED FIRST NAME LAST NAME BUSINESS 1 Santiago Cuellar 956-447-3415 1 Bertha Suarez 956-453-1215 3 Lt. Ted Walensky 14 Fred McCaleb 956-968-7533 2 Dr. Roger Heredia 956-968-6986 5 George Guerra 0 Comm. David R. Fox 956-968-3181

E-MAIL ADDRESS letty@lgconcrete.com

APPLICATION DATE 8/4/2010 12/19/2007 3/9/2010

HOME 956-532-4519 956-973-3302

E-MAIL ADDRESS scuellar@weslacotx.gov berts1215@gmail.com

12/27/2011 956-969-2536

Narrativ The Ambulance Advisory Board shall be composed of seven members appointed by the city commission. The board’s duties shall be to review the manner in which ambulance service is provided by the city ambulance service and to investigate complaints made by any person aggrieved regarding the provision of such services, making report of such review or inve Revised Date 1/22/2013

APPLICATION DATE 4/11/2012 4/16/2012

guerrafhw@yahoo.com davidfox9@yahoo.com

2/15/2011

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RESOLUTION NO. 2013-40 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE AMBULANCE ADVISORY BOARD. WHEREAS, the City of Weslaco has established the Ambulance Advisory Board pursuant to Section 14-1(A) of Ordinance No. 78-39; and WHEREAS, the terms of the members of this board are for two years; and WHEREAS, the Ambulance Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _____________________________________ is appointed to serve a two year term on the Ambulance Advisory Board and the term will begin on_____________, 2013 and expire on _____________, 20___. PASSED AND APPROVED on this 5th day of March 2013. CITY OF WESLACO

Miguel D. Wise, MAYOR ATTEST:

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

Ramon Vela, CITY ATTORNEY

LAST NAME Cabanas Smith Reyna Garza III Carranza Flores Hinojosa Lopez

FIRST NAME Alfonso C Howdy Javier Luciano S "Chano" Nicolas Ramiro Rick Leticia 956-854-4042 956-792-4733 956-373-0877 956-968-1321 956-490-5559

HOME 956-969-5873 956-973-1673

TERM EXPIRES 09/01/12 09/05/12 09/19/12 02/16/13 10/19/13 9/20/2015 9/20/2014

PHYSICAL ADDRESS 1019 Honeytree 468 Tampico St 1702 Christian Ct 1704 W Sixth St 508 Delma St 800 W 7th St 1402 Southgate Circle 1315 Clifton

APPLICANTS

TERMS SERVED 0 1 5 0 0 0 0

letty@lgconcrete.com

nickdrea_c@yahoo.com

howdysmith@msn.com ryn_jvr16@yahoo.com

E-MAIL ADDRESS

APPLICATION DATE 01/02/03 09/06/11 01/07/10 05/24/06 06/21/11 09/06/12 07/27/07 09/18/12

The Parks and Recreation Board shall be composed of seven members appointed by the city commission The Parks and Recreation Board shall be responsible to the city commission for the efficient and proper operation of the city’s parks and playground facilities. The board shall review and recommend changes to the

Narrative

The Parks & Recreation Board meets the first Monday of every month at 5:30 P.M. in the Weslaco Parks & Recreation Office.

Meeting Date

LAST NAME Jimenez Robles Jr Moreno Saenz Cardona Mejia Ayala

FIRST NAME Juan Rolando G Daniel Erasmo Anabell C Edward Greg

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RESOLUTION NO. 2013-41 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD. WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; however, following the restructuring of this Board to consist of seven members, this term shall be assigned for two years so that terms are staggered such that no quorum of members expires simultaneously; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve a two year term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2013 and end on _____________, 20___. PASSED AND APPROVED on this 5th day of September 2013. CITY OF WESLACO Miguel D. Wise, MAYOR ATTEST:

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

Ramon Vela, CITY ATTORNEY

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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): February 5, 2013 From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Approve agreement for water rate study. Discussion: Discussion and consideration to approve a professional services agreement for a Rate Study of the Public Utilities of the City of Weslaco to include the water, waste water and solid waste and authorize the Mayor to execute any related documents. 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”): Separately enclosed as pre-printed. Responsibilities upon Approval: Upon Approval, city secretary’s office will convey executed agreement to the Public Utilities Dept.

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Date of Meeting: Agenda Item No. (to be assigned by CSO): March 5, 2013 II. A., VI. A. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official for City of Weslaco, on behalf of GHA Architects, owner, RARE Hospitality International, Inc. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Mixed Beverage On-Premise Permit at 701 E. Expressway 83, also being a 1.17 acre tract of land out of Lots 6R and 7R of the Re-plat of Lots 6, 7, and 8, SDI Weslaco Holding, LLC Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain a Mixed Beverage On-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 February 4, 2013. Five (5) property owners within 200 ft. of the applicant’s property were notified by letter on February 8, 2013. No comments were received. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 02/20/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit request. 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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Date of Meeting: Agenda Item No. (to be assigned by CSO): March 5, 2013 VI. B. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official on behalf of Arturo Ortega Subject: Discussion and consideration of the Final Plat of RSBR Weslaco (F.M. 88) Subdivision - being a 2.195 acre tract out of Farm Tract 743 West and Adams Tract Subdivision, Weslaco, Hidalgo County, Texas. Discussion: At their regular meeting of February 20. 2013, the Planning and Zoning Commission approved the final plat. The proposed one (1) lot subdivision is within the City of Weslaco and is located approximately 1000 feet south of the intersection of Texas Blvd. (F.M. 88) and 18th Street. This subdivision will be serviced with water and sewer by the City of Weslaco. The property is within a Flood Zone “B”. The proposed subdivision will consist of one (1) commercial 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): Planning & Zoning Commission, 02/20/2013, recommends approval of the final plat contingent on the 75ft drainage easement plat note being changed to dedicate the easement to the City of Weslaco and the utility manhole being removed at the time of subdivision construction. Recommendation for Commission Action: Staff recommends approval of the final plat. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Subdivision Platting, Engineering, Public Facilities, Fire Marshal’s comments, Drainage Report. Responsibilities upon Approval: Planning staff will advise applicant.

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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): March 5, 2013 II. B. and VI. C. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Arturo Ortega. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone RSBR Weslaco (FM 88) Subdivision, also being 2.195 acres out of Farm Tract 743, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District”. Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District.” 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 [ 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 February 4, 2013. Fourteen (14) property owners within 200 ft. of the applicant’s property were notified by letter on February 8, 2013. No comments were received. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 02/20/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the rezone request. 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.

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ORDINANCE NO. 2013 - 06 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF RSBR WESLACO (FM 88) SUBDIVISION, ALSO BEING 2.195 ACRES OUT OF FARM TRACT 743, WEST AND ADAMS TRACTS SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 SINGLE FAMILY DWELLING DISTRICT’ TO “B-2 SECONDARY AND HIGHWAY DISTRICT”. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-2 Secondary and Highway District,” the RSBR Weslaco (FM 88) Subdivision, also being 2.195 acres out of Farm Tract 743, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND day of APPROVED on first reading at a regular meeting of the City Commission this ______________, 2013. ______________

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this day of ______________, 2013. ______________

CITY OF WESLACO

Miguel D. Wise, MAYOR ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY

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Date of Meeting: Agenda Item No. (to be assigned by CSO): March 5, 2013 VI. D. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official on behalf of Beto Salinas Flores Group, LLC. Subject: Discussion and consideration of the Final Plat of Vaquero Estates Phase III - being a 46.31 acre tract of land out of Farm Tract 1065, 1066, and 1071, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas. Discussion: At their regular meeting of February 20. 2013, the Planning and Zoning Commission approved the final plat. The proposed seventy-five (75) lot subdivision is outside the City of Weslaco and is located approximately 1307 feet south of Mile 11 North Road and on the east side of F.M. 1015. This subdivision will be serviced with water by North Alamo Water Supply Corporation and sewer will be provided by septic tanks. This property is within a Flood Zone “X”. Residential and commercial development is being proposed. 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, 02/20/2013, recommends approval of the final plat. Recommendation for Commission Action: Staff recommends approval of the final plat. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Subdivision Platting, Engineering, Public Facilities, Fire Marshal’s comments, Drainage Report. Responsibilities upon Approval: Planning staff will advise applicant.

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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): March 5, 2013 VI. E. From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: CH2MHILL-OMI Closeout Invoice Discussion: Discussion in consideration to approve the Closeout Invoice No. 55609 from CH2MHILL- OMI for the Repairs, Chemicals and Sludge Expenses for the amount not to exceed $220,564.96 Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [X] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: 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”): Invoice No. 55609 (not available at time of printing the agenda) Responsibilities upon Approval: Upon Approval, city secretary’s office will convey executed budget amendments to the Public Utilities Dept.

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City Manager’s Report 5 March 2013 Departmental Update • Airport o The first quarter operation was up over the previous year due to monthly operations from Mid Valley Airport by the Texas National Guard Aviation Unit. o Fuel volume was up 58% and transit aircraft use of the airport increased 36%. • City Secretary’s Office o City Secretary’s Office applied flex-time to maintain the switchboard on Thursday evening to respond to callers returning home from work about the water break, alleviating non-emergency call volume to dispatch. o City Secretary’s Office hosted students from South Texas College to provide a real-world practicum in their course on Business Communications. They learned about formal and informal correspondence and the use of social media by the City of Weslaco to support municipal procedures and the local governing authority. • Fire Department o Due to a fire emergency, Weslaco Fire Department, Weslaco Police Department, Weslaco Emergency Management with assistance from outside agencies evacuated 76 patients as a precautionary measure to Knapp Medical Center, Knapp Conference Center, and an inflatable tent deployed as the regional Medical Hospital. This was a multi-agency operation and was executed very professionally by our first responders and assisting agencies. All patients were repatriated with their caregivers without incident. An After Action Review is scheduled for March 6, 2013. • Office of Homeland Security & Emergency Management o A site survey of potential locations for the Mid Valley Regional Communications Dispatch Center was completed. Three sites were reviewed and one site is under consideration at this time.

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From: Leonardo Olivares Sent: Tuesday, February 19, 2013 8:32 AM To: Santiago Cuellar Cc: CMO OFFICE; Elizabeth M. Walker Subject: RE: update

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Thanks, Chief. Great work. Very pleased with the progress we have made under your leadership and with your team. Let’s have you report to the Commission at their next meeting. Leonardo Olivares Twitter: LeoOlivaresJD LinkedIn: LeonardoOlivares Skype: Leonardo-Olivares From: Santiago Cuellar Sent: Monday, February 18, 2013 3:28 PM To: Leonardo Olivares Cc: CMO OFFICE Subject: update Mr. Olivares, This is just to update you on Fire Department activities. The last 18 months that I have been the Fire Chief for the City of Weslaco has been a learning experience. Without your support and the Commission this would not have been possible. We have been able to best protect the Citizens of Weslaco and the surrounding areas with your help. You have allowed me the opportunity to run this Department the best way possible with my personnel. We have been able to secure several grants for the safety and protection of my staff, citizens of Weslaco and the surrounding areas. You and the Commission also have approved the purchase of some equipment for our units. Below find the list of projects: Approximately $25,000.00 grant for a skid unit that was placed on an army truck. This is to be used out in the county for any type of brush fires. In service already September 2011. Approximately $109,000.00 grant for a brush unit that was granted to us by Texas Forest Service. This also will be used out in the county and any deployments that the State of Texas needs assistance. Six (6) radios that were granted to us by the Hospital Preparedness Project. This will enable communication with the hospitals throughout the valley. These were installed in all our medic units. The purchase of 6 tough books, these were approved in December 2012 by the Commission on your recommendations. These will be installed in the medic units in about 1 week or so. This will

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Regular to Meeting allow the medics do everything via the laptops when doing reports. This will help us also withMarch 5, 2013 EMS Billing. Everything would be down loaded via the tough books. We will be installing the air cards to these laptops at later date to send via airwaves any telemetry that needs to be sent to the hospitals. This will assist and get much needed help to the patient while in route to the hospital.

We have ordered the Rescue tools (Jaws of Life) that the City Commission approved on your recommendation in December 2012. We are waiting for them to arrive. As soon as they are here I will advise you. In house billing also has been doing well since we took over. We did not go wrong with this project that you wanted us to do. I will prepare a report for you as soon as I get all the numbers that we are looking at. I am an advocate of safety and training. We are now going through a paramedic class that will be done by late April 2013. We have an Emergency Medical Technician-EMT coarse that will be done by late March 2013. We are sending 6 members of the fire department to wild land firefighting the first week of March 2013. This was also a grant that will be reimbursed. We are sending 4 members to the arson conference in mid/late March 2013. This will also be reimbursed. Mostly all of our training will be comp time with the members With this in mind, again I want to thank you for your help and support of these projects. If you would like to meet with me do not hesitate to call me or email me. This could not have been done with the City of Weslaco Commission and your help. Thanks for your help and support Santiago "Jimmy" Cuellar Fire Chief City of Weslaco (956)447-3413 office (956)-532-4519 scuellar@weslacotx.gov

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PENDING LITIGATIONS

1. L&G Concrete Construction Inc. vs. RCD Infrastructure , L.L.C. Enrique Enterprises, Inc. and City of Weslaco CL-10-2165-E 2. Howard Adams d/b/a South Wastewater vs. The City of Weslaco and Liquid Environmental Solution of Texas L.P. CL-05-2678-A 3. T&T Investments, Raquel Trejo and Roberto Trejo vs. Falcon international Bank and the City of Weslaco and Rio Delta Engineering CL-10-4248-A 4. City of Weslaco vs. Champion Energy Services, LLC C-3865-01 5. Meddmar Vega and Next of Friend of Eleyer A. Vega vs. City of Weslaco and Ricardo Fernandez C-0970-12-E 6. Isidra Fonseca and Tomas Fonseca vs. City of Weslaco C-2643-11 7. Sigler Winston Greenwood & Associates, Inc. vs. City of Weslaco C-3090-11-D 8. In the Matters of Proceedings By The City of Weslaco, Texas For The Condemnation of Certain Property of Ricardo Oliva CCD-033-F 9. Pascual Hernรกndez and Maria Luz Hernรกndez vs. City of Weslaco C-2201-11 10. Jesus George Stillman vs. City of Weslaco Albert Ponce and Michael Kelley 7:12-CV-00256

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11. Richard Stubbs vs. City of Weslaco, et al. 12. Knapp Medical Center vs. Weslaco Hospital Authority 13. City of Weslaco vs. WISD, et al 14. Priscilla Montano, Martin Mata, Eddie Anzaldua, Gregorio Hinojosa Jr., Esteban Estrada, Yvonne Rodriguez, Ruben Mata, Olga Grein, Irene Ochoa and Griselda Martinez vs. City of Weslaco. 15. Martin Martinez vs. City of Weslaco 16. Griselda Jimenez vs. City of Weslaco

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13-03-05 agenda supplements