13 12 03 agenda supplements by City of Weslaco

Weslaco City Commission Regular Meeting

Page 1 December 3, 2013

Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: December 03, 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. Rev. Mario Perez, Mid Valley Assembly of God Church will give the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll. 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.

Weslaco City Commission Regular Meeting

Page 2 December 3, 2013

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

City of Weslaco “The City on the Grow”

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 255 S. KANSAS AVE.

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WESLACO, TEXAS 78596-6285

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956-968-3181

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WWW.WESLACOTX.GOV

Weslaco City Commission Regular Meeting

Page 3 December 3, 2013

A SPECIAL MEETING OF THE WESLACO CITY COMMISSION MONDAY, NOVEMBER 18, 2013 On this 18th day of November 2013 at 1:00 p.m., the City Commission of the City of Weslaco, Texas convened in a Special Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Pro-Tem Commissioner Commissioner Commissioner Commissioner

J.F. “Johnny” Cuellar David R. Fox Olga M. Noriega Gerardo “Jerry” Tafolla Lupe Rivera

City Secretary City Attorney

Elizabeth M. Walker Ramon Vela

Also present: Bret Mann, Finance Director; Jeff Underwood, Planning & Code Enforcement Director; Trinidad Cantu, Assistant Public Utilities Director; Fire Chief Santiago Cuellar; Mardoqueo Hinojosa, City Engineer; and several other staff members and citizens. I.

CALL TO ORDER A. Certification of Public Notice. Mayor Pro-Tem Cuellar called the meeting to order and certified the public notice of the meeting as properly posted Friday, November 15, 2013 B. Pledge of Allegiance. Mayor Pro-Tem recited the Pledge of Allegiance and the Texas flag. C. Roll Call. Elizabeth Walker, City Secretary, called the roll, noting Mayor Wise and Commissioner Martinez as absent.

II.

CONVENE AS LOCAL CANVASSING AUTHORITY A. Report by Hidalgo County Elections Administrator regarding the November 5, 2013 City of Weslaco General and Special Elections. Mayor Pro- Tem Cuellar declared the Commission to be the canvassing board. The City Secretary reported on the final tally of the November 5 election, stating that there were no provisional or military ballots received. There were 4,118 votes cast in this election, which comprised approximately 22% of the all the votes cast in Hidalgo County. Eighteen (18) precincts reported for the office of the Mayor with Adrian Farias receiving 1, 892 votes and David Suarez receiving 2, 226 votes. Three (3) precincts reported for Single Member District 5 with Lupe Rivera receiving 487 votes and Letty Lopez receiving 471 votes. Six (6) precincts reported for Single Member District 6 with Minutes of the Special Meeting and Canvass on November 18, 2013

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Weslaco City Commission Regular Meeting

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Joe A. Martinez receiving 194 votes and Fidel L. Pena receiving 291 votes. B. Discussion and consideration to canvass the election returns certifying the results of the November 5, 2013 City of Weslaco General Election in accordance with Texas Election Code §67.004(a). Possible action. (Requested by City Secretary’s Office.) Attachment. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. By roll call vote, the motion carried unanimously; Mayor Pro-Tem Cuellar was present and voting. The City Secretary stated the swearing in ceremony and the installation of the new officers is scheduled tomorrow; however, this meeting complies with the Federal elections calendar which sets when a City must conduct the administrative portion of finalizing the election. III.

ADJOURNMENT CITY OF WESLACO

(absent) 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 Rivera (absent) COMMISSIONER, Joe A. Martinez

Minutes of the Special Meeting and Canvass on November 18, 2013

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Weslaco City Commission Regular Meeting

Page 5 December 3, 2013

A REGULAR MEETING OF THE WESLACO CITY COMMISSION TUESDAY, NOVEMBER 19, 2013 On this 19th day of November 2013 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 Mayor-Elect Mayor Pro-Tem Commissioner Commissioner Commissioner Commissioner Commissioner-Elect

Miguel D. Wise David Suarez J.F. “Johnny” Cuellar David R. Fox Olga M. Noriega Gerardo “Jerry” Tafolla Lupe Rivera Fidel L. Pena, III

City Manager City Secretary City Attorney

Leonardo Olivares Elizabeth M. Walker Ramon Vela

Also present: Rey Garcia, IT Director; Bret Mann, Finance Director; Jeff Underwood, Planning & Code Enforcement Director; David Salinas, Public Utilities Director; Oscar Garcia, Public Facilities Director; David Arce, Parks & Recreation Director; Police Chief Michael Kelley; Fire Chief Santiago Cuellar; Martin Mata, Assistant Library Director; Mardoqueo Hinojosa, City Engineer; George Garrett, Mid Valley Airport; 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, November 15, 2013.

Invocation. Pastor Faron Thebeau of Primera Bautista Church delivered the invocation.

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

Roll Call. Elizabeth Walker, City Secretary, called the roll, noting the absence of Commissioner Martinez.

II.

INSTALLATION OF NEWLY ELECTED OFFICERS A.

Discussion and consideration to approve Resolution 2013-94 certifying the results of the November 5, 2013 City of Weslaco General Election in accordance with Texas Election Code §67.004(a). Possible action. (Canvass conducted November 18, 2013 in accordance with Texas Election Code §67.004(a).) Attachment.

Minutes of the Regular Meeting on November 19, 2013

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Mayor Wise recognized former elected officials in attendance. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. By roll call vote, the motion carried unanimously; Mayor Wise was present but not voting. For the record, Resolution 2013-94 reads as follows: RESOLUTION NO. 2013-94 STATE OF TEXAS

ยง

COUNTY OF HIDALGO

ยง

CITY OF WESLACO

ยง

AN ORDER DECLARING THE RESULTS OF THE

CITY

WESLACO

GENERAL

ELECTION OF NOVEMBER 5, 2013 TO FILL THREE VACANCIES.

WHEREAS, the City Commission of the City of Weslaco resolved and ordered that a General Election be held on November 5, 2013 in the City of Weslaco, Texas for the purpose of electing three members to the Weslaco City Commission for the following positions: MAYOR CITY COMMISSIONER SINGLE MEMBER DISTRICT 5 CITY COMMISSIONER SINGLE MEMBER DISTRICT 6 WHEREAS, there came on to be considered the returns of the election held on the 5th day of November, 2013 for the purpose of electing three (3) members to the City Commission. WHEREAS, the returns of said election have been duly canvassed by the City Commission, and each of the candidates and the propositions in said election having received the following votes to wit: MAYOR ADRIAN FARIAS DAVID SUAREZ

Votes Votes

1,892 2,226

CITY COMMISSIONER SINGLE MEMBER DISTRICT 5 LUPE RIVERA LETTY LOPEZ

Votes Votes

487 471

CITY COMMISSIONER SINGLE MEMBER DISTRICT 6 FIDEL PENA JOE A. MARTINEZ

Votes Votes

291 194

IT IS, THEREFORE FOUND, DECLARED AND ORDERED by the City Commission of the City of Weslaco that the above election was duly called. The notice of said election was duly posted and that said election was held in accordance with the laws of the Texas Election Code. That at said General Election David Suarez was elected to the position of Mayor, that Lupe Rivera was elected to the position of Commission Single Member District 5 and that Fidel Pena was elected to the position of City Commission Single Member District 6 of the City of Weslaco subject to taking their oath of office. SECTION 1: That it is further found and determined that the results of the election as canvassed and tabulated in the preamble hereof reflect the expressed desires of those persons voting at said election. Minutes of the Regular Meeting on November 19, 2013

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IT IS FURTHER FOUND AND DETERMINED that in accordance with the laws of the Texas Election Code the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located at City Hall, place convenient and readily accessible to the general public and said notice having been so posted and remaining posted continuously for at least 72-hours proceeding the scheduled time of said meeting. A copy of the returns shall be attached to the minutes of this meeting and shall be made as part hereof for all intents and purposes. PASSED, ADOPTED and APPROVED this 19th day of November, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

Conduct Oaths of Office and file Statements of Elected Officers. Mayor-elect David Suarez, Commissioner Lupe Rivera and Commissioner-elect Fidel L. Pena tendered their Statements of Elected Officers for public file and took their Oaths of Office. Mayor Suarez presented former Mayor Miguel D. Wise with a plaque expressing the Cityâ&#x20AC;&#x2122;s gratitude for his service to the Commission.

Discussion and consideration to select a Mayor Pro-Tem. Possible action. Commissioner Tafolla, seconded by Commissioner Rivera, moved to reappoint John F. Cuellar to the position of Mayor Pro-Tem. Commissioner Pena, seconded by Mayor Suarez, moved to appoint Olga M. Noriega to the position of Mayor Pro-Tem. Commissioner Pena, seconded by Commissioner Tafolla, moved to cease the nominations. The motion carried unanimously; Mayor Suarez was present, but not voting. Commissioner Noriega and Commissioner Pena opposed. The motion to appoint John F. Cuellar to the position of Mayor Pro-Tem carried (4-2); Mayor Suarez was present, but not voting.

Reception. The regular meeting stood in recess at 6:05 p.m. and reconvened at 6:29 p.m. Mayor Suarez recognized Commissioner Joe A. Martinez as well as other elected officials.

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.

Minutes of the Regular Meeting on November 19, 2013

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Approval of the Minutes of the following: 1.) Regular Meeting on November 5, 2013; 2.) Special Meeting on November 12, 2013. (Requested by City Secretary’s Office.) Attachment.

Approval of the 2014 Calendar Year City of Weslaco Holiday Schedule. (Requested by Human Resources Department.) Attachment.

Approval of the renewal of the City’s membership in the Texas Municipal League in the amount of $4,217.00, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Requested by City Manager’s Office.) Attachment.

Approval of the annual request by the Economic Development Corporation of Weslaco to host the 2013 Mid-Valley Christmas Lighted Parade on Thursday, December 19, 2013 from 6:00 p.m. – 9:00 p.m. on Texas Boulevard from Pike Boulevard to Sixth Street, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by the Economic Development Corporation of Weslaco.) Attachment.

Approval of a request by Aurora House Foundation to utilize Harlon Block Sports Complex on January 25, 2014 from 7 a.m. – 12 noon for a charity walk-a-thon, authorize street closures as appropriate, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. (Requested by Aurora House.) Attachment.

Approval of the request from H-E-B to place a banner promoting Feast of Sharing at the intersection of Texas and Pike Boulevards and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation. (Requested by Parks and Recreation Department.) Attachment.

Approval of the renewal of the Amigos Del Valle, Inc. lease agreement for fiscal year 2013-2014 and authorize the Mayor to execute any related documents. (Requested by Parks and Recreation Department.) Attachment. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the consent agenda as presented. Commissioner Noriega requested item III. A.2. be withheld from the consent agenda for discussion. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, rescinded the motion and moved to approve items III. B, C, D, E, F, and G. The motion carried unanimously; Mayor Suarez was present, but not voting.

IV.

OLD BUSINESS A.

Discussion and consideration to approve the Drainage Detention Easement and the contract for granting of Drainage Detention Easement with the Weslaco Independent

Minutes of the Regular Meeting on November 19, 2013

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Weslaco City Commission Regular Meeting

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School District and the City of Weslaco for a 5.62 acre tract of land out of Farm Tract 140 Block 162, West and Adams Tract Subdivision, Hidalgo County and authorize the Mayor to execute any related documents. Possible action. (Requested by Legal; originally requested November 12, 2013 by Planning and Code Enforcement Department.) Attachment. The City Manager stated that this is in partnership with the County for the improvements of the poor conditions of Sugarcane Drive, which is owned half by City and half by the County. The City anticipates approximately $1.5 million for the project, with $1.2 million being budgeted for construction and the remainder for engineering. The proposed item is for a 5.62 acre drainage easement the City negotiated with the Weslaco Independent School District which will be located to the South of the street. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. In response to Commissioner Noriega, the City Manager stated the project was designed by TEDSI when the project was originally proposed in 2007. Commissioner Noriega stated that two WISD board members were against this item being approved because the engineer was unable to satisfy their environmental concerns. Mr. Underwood, present at both WISD meetings when this item was presented, responded the water that would be drained onto the property would be from Westgate (Mile 6) to Border but has an outfall so water would not be retained there; there is no potential health hazard. Currently there are three detention pipes at the far end to drain into a ditch at the Southside of the school property. Commissioner Rivera requested that Mr. Underwood explain the covenants that the City included so that the WISD would agree to move forward on this project. Mr. Underwood stated the City included a reverter clause where the City will move forward on construction within one year and included an automatic irrigation system. The City Attorney stated one more covenant was included whereby there is a limited amount of storm runoff from Westgate identified in the easement. Mr. Underwood that he recommends approval with changes as presented; even though he believes the sprinkler system to be â&#x20AC;&#x153;a little overboardâ&#x20AC;? the City would like to see this project move forward. The motion carried unanimously; Mayor Suarez was present, but not voting. B.

Discussion and consideration to approve the interlocal agreement with Hidalgo County (Precinct 1) for street improvements, including design and construction, of Mile 9 North Road east of Mile 6 West/Westgate Drive in an amount not to exceed $750,000.00 as 50% of the total project cost, approve any necessary amendments to the professional services agreement with the engineer of record, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Legal; originally requested November 12, 2013 by Planning & Code Enforcement Department.) Attachment. The City Manager stated that this item was for the associated interlocal agreement

Minutes of the Regular Meeting on November 19, 2013

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Weslaco City Commission Regular Meeting

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with Hidalgo County Precinct 1 with a proposed cost share of 50/50; staff recommends approval. In response to Commissioner Noriega, the City Manager stated that engineer for this project is TEDSI and the funds would be presented in the next item. Mayor Suarez requested clarification that the interlocal was for a 50/50 cost share and if the labor provided by the County would be included in that cost share. Mr. Underwood responded that it is a possibility that the County may do some of the work with their forces, but at this point the total cost is being looked at as a turn key project where the work is contracted out and any savings would be split 50/50. Mayor Pro-Tem Cuellar asked if this project would go out to bid in traditional method that the total cost would be $1.2 million in construction, with potential savings for both the City and County. Mr. Underwood agreed that it was a possibility. The City Manager stated that the City would be taking the lead on this project, because it was originally a City project from 2007. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting. C.

Discussion and consideration to authorize an expenditure in an amount not to exceed $750,000.00 from the Certificates of Obligation, Series 2007 for street improvements on Mile 9 North Road/Sugarcane Drive, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Legal; originally requested November 12, 2013 by Finance Department.) Attachment. The City Manager stated that these funds were from the $1.9 million unexpended balance from the 2007 bond series and street improvements are among the list of eligible projects; staff recommends approval. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. In response to Commissioner Noriega, Mr. Underwood responded that TEDSI asked for three months for the survey work subsequent to Westgate improvements. After the survey is complete the City will be able to go out for bids, so the work would commence between April and May. The City also will have to coordinate with the WISD so there is no disruption to their services. Mr. Underwood stated that once the contractor is on board staff will have a better sense of the timeline for completion. In response to Mayor Suarez, the City Manager clarified that the City does have an internal services fund of $500,000.00 available as another source of funding, but recommends using the bond funds so staff can close out the 2007 bond series. Commissioner Tafolla expressed his gratitude to all the entities that are participating in this project. The motion carried unanimously; Mayor Suarez was present, but not voting.

Minutes of the Regular Meeting on November 19, 2013

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Weslaco City Commission Regular Meeting

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Discussion and consideration to approve various budget amendments to municipal departments for fiscal year ending September 30, 2013. Possible action. (Requested by Legal; originally requested November 12, 2013 by Finance Department.) Attachment. The City Manager that this item was for the end of year budget reconciliation to adjust by department. The City Manager highlighted in the agenda supplements that a â&#x20AC;&#x153;CRâ&#x20AC;? indicates a department that had a surplus in its budget; staff recommends approval. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. Mayor Pro-Tem Cuellar stated that this item is closing out the fiscal year and that a preliminary report of the unaudited financial statements has been released consistent with the numbers presented. Mr. Mann stated that the City currently has $5.8million cash in Texpool and the general fund balance is $5.63 million. In response to Commissioner Pena, Mr. Mann stated the City would not accrue any penalties from withdrawing money from the money market. In response to Commissioner Noriega, Mr. Mann clarified the City had planned to merge the Fire Marshalâ&#x20AC;&#x2122;s Office with the Fire Department, but that change did not take place until this year. In response to Commissioner Pena, Mr. Mann stated that there would be no impact to the current budget, because they would be equalizing the budget by those who did not overspend. The City Manager stated that they did not expect this to happen again. In response to Commissioner Noriega, the City Manager stated there would have been a vacant position that was budgeted that remained unfilled to result in the overage in building personnel. Mr. Mann and Mr. Salinas stated that utility overage fees were accrued because of the push water the City had to purchase from Irrigation District No. 9 as result of the drought. Commissioner Noriega requested that an explanation be provided with each amendment the next time such item is presented for consideration. The motion carried unanimously; Mayor Suarez was present, but not voting.

III.

Approval of the Minutes of the following: 1.) Regular Meeting on November 5, 2013;

Minutes of the Regular Meeting on November 19, 2013

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Weslaco City Commission Regular Meeting

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2.) Special Meeting on November 12, 2013. (Requested by City Secretary’s Office.) Attachment. Commissioner Noriega requeseted the minutes of November 12 be corrected to reflect she opposed the item as presented. Commissioner Tafolla requested that the audio be played to verify Commissioner Noriega’s vote. The City Attorney stated the Commission follows Robert’s Rule of Order and the record can be corrected. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the minutes as corrected. Commissioner Noriega and Commissioner Pena stated that they wished to abstain from the approval for the November 5 since they were not in attendance. Commissioner Tafolla, seconded by Commissioner Rivera, moved to separate the items. The motion carried unanimously; Mayor Suarez was present, but not voting. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the minutes of November 5, 2013. Commissioners Noriega Pena abstained. The motion carried; Mayor Suarez was present, but not voting. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the minutes of November 12, 2013 with corrections. Mayor Pro-Tem Cuellar opposed; Commissioner Pena abstained. The motion carried (4-1); Mayor Suarez was present, but not voting. V.

NEW BUSINESS A.

Discussion and consideration to authorize the City Manager to issue a building permit prior to the recordation of the subdivision plat for IDEA Academy to be located at 1200 E. Pike Boulevard, waiving the Subdivision Ordinance requirement that a final subdivision plat be recorded prior to issuing a building permit for the property. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that this item is for a new school of the IDEA Academy and is very proud to have them in Weslaco. The developer would like to move quickly to be ready for the next academic year and has requested that the building permit be issued prior to the final plat being recorded. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Suarez was present, but not voting.

Discussion and consideration on behalf of IDEA Public School of the Final Plat of IDEA Public Schools Subdivision – being 17.54 acres of land out of Farm tract 43, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that the Planning and Zoning Commission reviewed the

Minutes of the Regular Meeting on November 19, 2013

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final plat and with staff recommends approval. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Fox requested that in the future maps be presented to the public for items of this type. The motion carried unanimously; Mayor Suarez was present, but not voting. C.

Discussion and consideration on behalf of JAZMAN RGV Group of the Final Plat of the Re-Subdivision of Lots C4-C10, Cotton Estates Central Subdivision â&#x20AC;&#x201C; being 8.2 acres and being all of Lots C4-C10, Cotton Estates Central, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that the Planning and Zoning Commission reviewed the final plat and recommends approval of the $15.0 million, 156-unit apartment complex. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. In response to Mayor-Pro Tem Cuellar, Mr. Underwood responded the developer has not requested this project be fast tracked. There were some concerns from the homeowners to the east regarding their privacy because these would be three story units. In direct response to these concerns, the developer removed all the windows on the east side of the third story units. Mayor Pro-Tem Cuellar applauded the developer for bringing this beautiful project to the City. The motion carried unanimously; Mayor Suarez was present, but not voting.

Discussion and consideration to approve the interlocal agreement for regional mobility cooperation with the Hidalgo County Regional Mobility Authority, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. There was no action on this item.

Discussion and consideration to provide a one-time $1,000.00 cost of living adjustment for all current, nonunion, full-time employees who have been employed with the City of Weslaco for two or more years as of October 1, 2013 and authorize any budget amendment as appropriate. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated that this would be a one-time adjustment but not to the base as had been mistakenly identified. This one-time cost of living adjustment as proposed does not include the police or fire union members. This item is being presented at this time because when the budget was done in September

Minutes of the Regular Meeting on November 19, 2013

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administration was unaware of the final fund balance. Currently there are 94 eligible employees. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the one-time $1,000.00 cost of living adjustment for all non-union employees who were employed as of October 1, 2013. In response to Mayor Suarez, Mr. Mann estimated the cost to include all non-union employees as approximately $150,000.00. Mayor Pro-Tem Cuellar supports this increase because City staff has been working very hard with fewer employees and more work and believes this is way of exhibiting the confidence the Commission has in its staff. Commissioner Noriega requested that the Commission move to include all union employees as well. The City Manager stated that they are looking into negotiations with fire, but that union employees have already received raises. Commissioner Pena asked how much it would cost to make this part of base pay. Mr. Mann responded that it would be approximately $150,000.00 this year and would then be compounded each year after that. Mayor Pro-Tem Cuellar stated that through collective bargaining the police and fire unions are among the highest paid of all City employees. The motion carried unanimously; Mayor Suarez was present, but not voting. F.

Discussion and consideration to approve the purchase of a 2013/2014 Chevy Tahoe replacing a total loss vehicle (Unit 684) in an amount not to exceed $30,000.00 purchased through BuyBoard and authorize any budget amendment as appropriate. Possible action. (Requested by Police Department.) Attachment. The City Manager stated an incident had occurred where a cruiser was involved in accident at no fault of the City and these funds would allow it to be replaced through BuyBoard. Mr. Mann stated that they City had received approximately $23,000.00 from insurance for the loss of the vehicle. Mayor Pro-Tem Cuellar, seconded by Commissioner Fox, moved to approve the item as presented. In response to Commissioner Pena, Mr. Mann stated that TML was the coverage provider. Commissioner Pena asked if a claim had been filed against the adverse driver for the damage to the City vehicle. The City Manager responded it was common practice for the City to file claims against the adverse driver but was unsure if one had been filed in this case. The City Attorney stated he would look into the matter. Chief Kelley stated that TML had provided a settlement of $23,000.00, but required additional funds to cover the $26,000.00 for a new 2013 Tahoe, the special push bumper and other equipment.

Minutes of the Regular Meeting on November 19, 2013

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The motion carried unanimously; Mayor Suarez was present, but not voting. VI.

REPORTS A.

Report by City Manager and Department Directors, Upcoming Meetings, Appointments, and Feedback. Attachment. The City Manager abstained from reviewing the report as result of changes to the open meetings act and requested that Counsel review the opinion from the Attorney General.

Report by Economic Development Corporation of Weslaco. Attachment. The City Manager referenced the report as enclosed.

VII.

PUBLIC COMMENTS Felix Sanchez as President of the Fire Union requested a one year extension to the current contract with 0% increase for that term and requested they begin negotiations in May.

VIII.

EXECUTIVE SESSION At 7:43 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 9:03 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 – Consultation with Special Counsel regarding Cause No. C5929-13-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 Rivera, moved to authorize staff and legal counsel to proceed as discussed in executive session. The motion carried unanimously; Mayor Suarez was present, but not voting.

Personnel – Contract Negotiation of the City Manager as authorized by §551.074 of the Texas Government Code. There was no action on this item. The Mayor noted the City Manager presented the item just to acquaint the new members of the Commission to the terms of his contract.

X. ADJOURNMENT With no other business before the Commission, at 9:05 p.m. Commissioner Tafolla, seconded by Commissioner Fox, moved to adjourn the November 19, 2013 regular meeting. The motion carried unanimously; Mayor Suarez was present, but not voting. Minutes of the Regular Meeting on November 19, 2013

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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

Minutes of the Regular Meeting on November 19, 2013

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Weslaco City Commission Regular Meeting

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A SPECIAL MEETING OF THE WESLACO CITY COMMISSION FRIDAY, NOVEMBER 22, 2013 On this 22nd day of November 2013 at 12:00 p.m., the City Commission of the City of Weslaco, Texas convened in a Special Meeting 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

David Suarez J.F. “Johnny” Cuellar David R. Fox Olga M. Noriega Gerardo “Jerry” Tafolla Fidel L. Pena, III

City Manager City Secretary City Attorney

Leonardo Olivares Elizabeth M. Walker Ramon Vela

Also present: Rey Garcia, IT Director; Jeff Underwood, Planning & Code Enforcement Director; David Salinas, Public Utilities Director; Fire Chief Santiago Cuellar; Mardoqueo Hinojosa, City Engineer; Veronica Ramirez, Human Resources Director; and several 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 Tuesday, November 19, 2013.

Pledge of Allegiance. Mayor Suarez recited the Pledge of Allegiance.

Roll Call. Elizabeth Walker, City Secretary, called the roll, noting Mayor Pro-Tem Cuellar and Commissioner Rivera as absent. Mayor Pro-Tem arrived during Executive Session.

II.

NEW BUSINESS A.

Discussion and consideration to approve Ordinance 2013-28 annexing 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. Possible action. First Reading of Ordinance 2013-28. (Requested by the Planning and Code Enforcement Department.) Attachment. The City Attorney stated that a Temporary Restraining Order (TRO) was served regarding this item and recommends the Commission convene in executive session

Minutes of the Special Meeting on November 22, 2013

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under pending litigation to discuss the merits of the TRO. At 12:11 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 12:27 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public. Mayor Suarez stated that there is no action on this item based on the advice from legal counsel regarding the TRO. III.

PUBLIC COMMENTS Mr. Bob Reese stated that he has filed a complaint with the state regarding the annexation.

IV.

ADJOURNMENT

With no other business before the Commission, at 12:29 p.m. Commissioner Tafolla, seconded by Commissioner Pena, moved to adjourn the November 22, 2013 special 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 (absent) COMMISSIONER, Lupe Rivera

COMMISSIONER, Fidel L. Pena, III

Minutes of the Special Meeting on November 22, 2013

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Standardized Agenda Request Form

Date of Meeting December 3, 2013 From: David Arce Park Director Subject: 5k Color Dash

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

Discussion: Approval of a request for Mid Valley Events to use Harlon Block Sports Complex on January 4, 2014 from 6a.m. – 12 noon for Color Dash 5k, authorize street closures as appropriate, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. 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 Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

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What is RGV Color Dash

RGV Color Dash has very few requirements 1) Wear White shirts or mostly white shirts. It is a requirement at the start line. And 2) have an Awesome Color filled experience throughout the race and at the finish! All are welcome to participate Runners, Joggers, Walkers,Strollers, Crawlers, Crossfiters, Zumbathoners, Triatheletes, and everyone in between. It will be a day to remember filled good times and even better memories! Experience it! Live Life!

What is the Color? Non toxic organic color made of eco â&#x20AC;&#x201C;friendly pigments that is comprised of mostly cornstarch. Keep up with the latest race information: For the latest in race updates and runner giveaways stay tuned to this web page, or follow us on Facebook What about the finish line? Every Color Dasher will receive a bag of their own color powder and at the end of the race all runners will come together to begin the ultimate countdown. 5....4....3....2.....1!!!! A full out color war erupts! Experience it!

What is included with my RGV Color Dash Registration? Runners will receive a custom RGV Color Dash race shirt, a bag of Color, race number, , donation to local charities, and Sponsor Goodies. Do you donate to a charity or cause? YES, we do. Our goal has always been to get the community moving, training, and developing a sense of social responsibility. We have selected several local organizations for each city. You can also choose to donate an additional amount to the charity that you have chosen. To see the specific charities we work with check our website, Facebook page, and registration page. Are jogging stroller and my kids allowed YES!!! Kids really are the future and we believe in starting them off on a path of Health. Every kid 5 and under can run with an adult FREE of charge and do not need to register! Make sure to Can I run with my dog? NO DOGS allowed. Sorry we love Animals as much as the next person, but No Dogs please.

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Can someone else pick up my packet for me? Yes, If you fill out a Pick Up Waiver form on website someone else can bring your completed waiver and get the packet and give to you. Do the kilometer “RGV Color Dash Areas” affect runner vision? Or breathing? RGV Color dash Color is Non toxic organic color made of eco –friendly pigments that is comprised of mostly cornstarch.We Recommend that you wear goggles, swim goggles work great or a big pair of funky sunglasses. Bandanas work great if you are concerned with breathing in any material. You can complete the race in the middle lane of the color areas which are low color areas. As with any material, you want to keep it out of your eyes and your mouth. Do you have clean up stations at the finish after party? We will have industrial sized fans to blow off some of the color. How does the color affect the inside of cars? Bring towels, plastic bags, and extra clothes if necessary. Can spectators attend the post-race party? YES. We will have RGV Color Dash powder packets available for purchase. Are cameras and phones safe to have in the color zones? Our race photographers are totally fine shooting from a medium distance (25-50 feet). If you want to get shots right in the midst of the color we recommend covering cameras/phones with plastic wrap. The RGV COLOR Dash is not timed, this is about having a good time and all out color enjoyment. How do the post-race color throws work? The finish line post party area will have numerous 15min intervals in which participants will commence in an all color war. We provide one bag of color in your goodie bag and more can be purchased at packet pick up. Every Color Dasher will receive a bag of their own color powder and at the end of the race all runners will come together to begin the ultimate countdown. 5....4....3....2.....1!!!A full out color war erupts! Experience it! the finish if desired. Will refunds be given? How do I transfer my registration to another participant? Our apologies, we cannot refunds registration fees. Creating and planning for an event of this size make it impossible. If for any reason you can’t make it to the race you have two options 1. Transfer your registration to another person using the transfer registration link on our website for registration. Transfer registration option will be closed 2 weeks before the start date of the race. 2. We wouldn’t want you to miss out on everything so come by packet pick up for your goodie bag, race shirt, custom finishers award. Remember there is always next year.

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www.mvevents.com P.O. Box 1511 Weslaco, TX 78599 November 13, 2013 Mr. Leo Olivares City Manager Weslaco, TX 78596 Re: Request for use of Harlon Block Park, 18th St. Weslaco, TX My name is Amanda Humphreys and I am writing to request permission for the use of Harlon Block Park on 18th St. to host a 5 K Run- Color Dash in coordination with the City of Weslaco Saturday morning, January 4th, 2014. I have previously spoken and met with Mr. David Arce at Weslaco Parks Recreation Department in regards to my organizations request for a 5 K run. I am very excited to announce that our 5 K Color Dash Run will be making donations to several local charites. Due to the nature of the event and the uniqueness of the 5 K Color Dash run my organization is anticipating 1,000+ runners from across the state. Our previous event Hog Dash in June drew 2100 participants and an additional 1000 spectators from all over the state to Weslaco, TX. Runners will go through each kilometer of the event that is associated with a designated color: yellow, orange, pink, or blue. As the runners/walkers reach the Kilometer COLOR DASH powder Zones, they are pelted by our volunteers, sponsors, and staff with COLOR. All products are 100% natural, organic, non-toxic and safe materials that are not harmful to participants or the environment. The finish line staging area will be the parking lot where there will be a color dash blast with all participants celebrating in COLOR. I am thrilled to be working with the City of Weslaco and W.I.S.D to showcase the beauty of the city by hosting the Color Dash Run on January 4th and have it be an excellent kick-off to a Bright New Year. I have attached a proposed route for the run. If you have any questions in regards to the nature of the event please do not hesitate to contact me by email or phone. Thank you for taking the time to consider my request, and I will be in touch with you soon. Sincerely, Amanda Humphreys Mid Valley Events Race Coordinator 956-684-8857

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VALLEY GET READY! This will be one beautiful fun mess. The RGV Color Dash will put color into your life. Get pelted with color as you run through the city in a 5K that will blow your mind. Every Color Dasher will receive a bag of their own color powder and at the end of the race all runners will come together to begin the ultimate countdown. 5....4....3....2.....1!!!!

Mid Valley Events: RGV Color Dash 2 Race Day: January 4, 2014 Location: Harlon Block Sports Complex Address: W 18th St. Weslaco, Tx 78596 Late Registration: 7:45am- 8:45am Race Start: 9:00 am

PRICE: (No Refunds or Transfers of Registration)

$30 $40 $40

Early Registration (till Dec. 29,2013) Registration at packet pickup Day of on-site Registration

(T-shirts, finisher award, not guaranteed to late registrants)

Last: _____________________ First____________________ Email: _________________________________________ Address: _______________________________________ _______________________________________________

T-Shirt Size (circle one) S

2XL ($2 Extra)

City: ___________________ State: __________________ Phone: (_______)_____________ Age: ______________

Emergency Contact Name: ________________________ Phone: (____)______________ Relation: ____________

Are jogging stroller and my kids allowed? YES!!! Kids really are the future and we believe in starting them off on a path of health. Every kid 5 and under can run with a PAID adult FREE of charge and do not need to register! Make sure to dress them accordingly with proper goggles for protection.

I know that participating in RGV Color Dash is a potentially hazardous activity. I should not enter and run unless I am medically able and properly trained. I agree to abide by all decisions of the race officials relative to my ability to complete the run safely. I assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, the effects of weather, including high heat and humidity, traffic and the conditions of the road, all such risks being known and appreciated by me. Having read this waiver and knowing these facts and in consideration of RGV Color Dash accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release the RGV Color Dash, Mid Valley Events, Coordinators, volunteers, City of Edinburg, and all sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this event. Furthermore, I agree to be bound by the rules established with respect to this event. In addition, I understand that if the race is canceled by circumstances beyond the control of the organizers, my entry fee will not be refunded.

Signature: ______________________________________Print: _______________________________Date: _______________ Parents Signature: ________________________________Print: _______________________________Date: ______________ If you have any questions please contact us through our FACEBOOK page, MID VALLEY EVENTS, for quick response or contact us at midvalleyevents@gmail.com

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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting December 3, 2013 III. C. From: David Arce Park Director Subject: Pico De Gallo Century Bike Ride Discussion: Approval of a request for Pico De Gallo Century Bike Ride to use City Park on December 21, 2013 from 6a.m. – 8pm for 100 mile bike ride, authorize the use of pavilion 25 at no charge, authorize street closures as appropriate, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state right-of-way. 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 Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting December 3, 2013 III. D. From: David Arce Park Director Subject: Omar’s Helping Hands Toy Drive Discussion: Approval of a request for Omar’s Helping Hands Toy Drive to use City Park ball fields on December 14, 2013 from 8a.m. – 8pm for Christmas Toy Drive, authorize the use of Fields 1, 2, 3, and tennis courts at no charge. 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 Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Parks and Recreations Department.

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III. E.

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Weslaco Health Facilities Development Corporation Weslaco Mid-Valley Airport Committee Weslaco 100

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

character X X

public officer

age

residency

citizenship X

X X

X X X adult

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

taxpayer/property owner X

qualified voter X

management experience

Member Qualifications

no litigation X

# members 3+ 7 16

5 7 7 5* 3 7 5 5 7 7 7 7 7

term length (st = staggered) 6 yrs st3yr 3yrs

2yr 4yr 2yr

meeting schedule

term limits

reg interval min. 3 mths 3/year 2 st3yr 3* 72hr notice 4 2* monthly 2yr 2 2yr 3yr 3yr st3yr

# quorum 4 4

deisgnated final authority X

Defined Duties

Sec 150-19 Art IX Sec 280-283 Art I, Sec 14-1 Ord 2012-02 Ch 143 Bylaws, Art of Inc LGC Sec 392.033 Art II Sec 78.21-28 Art IV Sec 98-90 Art III Sec 2.98-103 Ord 2011-16 Sec 134.4 Ord 96-11 Art 1528j, Vernons TX Civil Statue Art II Sec 6-33 R2013-52

governing statutes

subject interest

City of Weslaco Boards and Committees Prepared by Office of the City Secretary; Updated June 2013

appointing authority CC CC CC appts entity

CC CC CC CC appt by CM, confirm by CC 4 from CC, 3 at large; confirm by CC appt by Mayor CC appt by Mayor, confirm by 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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95 RESOLUTION NO. 2013-__ THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

ยง ยง ยง

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 ___________________________be appointed as the official member of the MPO Board of Directors. BE FURTHER RESOLVED that __________________________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 priviledges assigned, including ___________________, ____________________, _____________________, and a copy of this Resolution shall be delivered to the MPO Office to evidence these appointments. PASSED AND APPROVED this 3rd day of December, 2013. CITY OF WESLACO ____________________________ David Suarez MAYOR ATTEST: _______________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ Ramon Vela, CITY ATTORNEY

INTERESTED YES/NO

11/19/3013 4/2/1996 12/2/2008 11/19/2013 10/16/2012 7/5/2011 11/18/1997

TERM START

Juan Humberto Jorge Randy Charles

member member member member

6 0

0 3

12/11/2014

7/6/2014

12/2/2014

LAST NAME Flores Sr. Anzaldua Ortegon Benavides Gutierrez Ford Torres Saenz Cardenas Lopez Carranza Cantu Arcaute Ascencio Escobar

Cabaza, III Perez

FIRST NAME Alvino Reynaldo Yvonne Alexandro Armando Cleve M. Edward Erasmo Larry Leticia Nicolas Roberto Ruben Usvaldo

Robert

Raul Ivan F.

956-854-4203 956-973-1133

BUSINESS HOME 956-532-9268 956-624-6346 956-447-4823 956-463-0945 956-318-2300 956-251-6944 956-968-8175 956-358-9410 956-464-2263 956-975-1911 956-975-1347 956-463-5675 956-560-5310 956-778-3894 956-565-6334 956-792-4733 956-968-8964 956-447-8900 956-968-6474 956-792-7835

Lonnie

member

12/2/2014 7/1/2014

4/2/2014

Ricardo David

12/7/2013

972-8589 607-7908 956-493-4637

956-490-5559 956-498-7366 956-456-6637 956-453-6966 956-968-8169

956-472-8088

CELL

Applicants

Warren

Summers

Chavez

Gonzalez

Berry

Hernandez

Quintanilla

LAST NAME

624 S. Pleasantview Cr. 1313 Orange Blossom 613 Hidden Trace

PHYSICAL ADDRESS 1119 Villas del Norte St 417 S. Pleasantview 1118 W 3rd St 1301 Ambrosia Dr PO Box 8351 1502 Tierra Bella 812 W Valley Trace 2113 Harrison 901 W 7th Street 1315 Clifton 508 Delma St 607 E 8th St 701 S Texas Blvd 106 Pe単a Ave

Planning & Zoning Commission Board Members INTERESTED YES/NO FIRST NAME member member

TERM EXPIRES

TERMS SERVED

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RESOLUTION NO. 2013-___ 96 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PLANNING AND ZONING COMMISSION BOARD. WHEREAS, the City of Weslaco created and established the Planning and Zoning Commission Board pursuant to Subsection 2-36 of Ordinance No. 291, as codified in the City of Weslaco Code of Ordinances. WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Planning and Zoning Commission Board members shall serve without compensation and unlimited terms; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ____________________________ is appointed to serve on the Planning and Zoning Commission Board and your term will expire on ____day of ____________________, 201___. PASSED AND APPROVED on this 3rd day of December, 2013. CITY OF WESLACO _____________________________ David Suarez MAYOR ATTEST: ________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: _________________________________ Ramon Vela, CITY ATTORNEY

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V. A.

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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: 12/03/2013 V. B. From (name, title, department and who submitting on behalf of, if any): Veronica Ramirez, Human Resources Director Subject: 125 Cafeteria Plan Insurance Policies

Discussion: Discussion and consideration to issue request for proposals or extend the term of the existing 125 Cafeteria Plan (optional/voluntary supplemental insurance. i.e., vision, dental, life, cancer, long-term care, etc.) for the City of Weslaco employees for an additional year at no cost to the City. Effective from April 1, 2014 to March 31, 2015. Possible action Attachment. 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: 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: Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): List of current insurance vendors Responsibilities upon Approval:

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*Current 125 Cafeteria Plan Insurance Vendors For the City of Weslaco Effective from April 1, 2013 to March 31, 2014 1. Humana – (Elizabeth Perez & Pam Taylor, Agents) • Vision • Dental 2. Allstate – (Myriam Guerra, Agent) • Heart attack/Stroke • Group Cancer • Group Supplemental Health (Shop) • Term Life • Critical Illness • Accident plan “group accident” 3. ING – (Jeff Everitt & Associates, Agent) • Universal Life 4. Lincoln – (Jeff Everitt & Associates, Agent) • Short Term Disability • Long Term Disability 5. New York Life – Aurora Saenz • Life Insurance Products (Long Term Care)

*Employee elects coverage: pays premium out of packet via payroll deduction.

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V. C.

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OFFICIAL STATEMENT Dated August 21, 2007 Ratings: Moody's: "Aaa" S&P: "AAA" MBIA Insured (See "Bond Insurance" and "Other Information - Ratings" herein)

NEW ISSUE - Book-Entry-Only

In the opinion of Bond Counsel, interest on the Certificates is excludable from gross income for federal income tax purposes under existing law and the Certificates are not private activity bonds. See "Tax Exemption" herein for a discussion of the opinion of Bond Counsel, including a description of alternative minimum tax consequences for corporations.

THE CERTIFICATES WILL NOT BE DESIGNATED AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" FOR FINANCIAL INSTITUTIONS $28,175,000 CITY OF WESLACO, TEXAS (Hidalgo County) TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007 Dated Date: August 15, 2007

Due: February 15, as shown on inside cover

PAYMENT TERMS . . . Interest on the $28,175,000 City of Weslaco, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2007 (the "Certificates") will accrue from August 15, 2007 (the "Dated Date"), will be payable August 15 and February 15 of each year commencing February 15, 2008, and will be calculated on the basis of a 360day year consisting of twelve 30-day months. The definitive Certificates will be initially registered and delivered only to Cede & Co., the nominee of The Depository Trust Company, New York, New York ("DTC"), pursuant to the Book-Entry-Only System described herein. Beneficial ownership of the Certificates may be acquired in denominations of $5,000 or integral multiples thereof. No physical delivery of the Certificates will be made to the owners thereof. Principal of and interest on the Certificates will be payable by the Paying Agent/Registrar to Cede & Co., which will make distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the Certificates. See "The Certificates - Book-Entry-Only System" herein. The initial Paying Agent/Registrar is Regions Bank, Houston, Texas (see "The Certificates - Paying Agent/Registrar"). AUTHORITY FOR ISSUANCE . . . The Certificates are issued pursuant to the Constitution and general laws of the State of Texas, (the "State") particularly Vernon’s Texas Codes Annotated (V.T.C.A.), Local Government Code, Subchapter C of Chapter 271, (the Certificate of Obligation Act of 1971), as amended, and constitute direct obligations of the City of Weslaco, Texas (the "City"), payable from a combination of (i) the levy and collection of a direct and continuing annual ad valorem tax, within the limits prescribed by law, on not to exceed $1,000, taxable property within the City, and (ii) a pledge of surplus net revenues of the City’s Waterworks and Sewer System, as provided in the ordinance authorizing the Certificates (the "Ordinance") (see "The Certificates - Authority for Issuance"). PURPOSE . . . Proceeds from the sale of the Certificates will be used to acquire land and make improvements thereon for City purposes, to acquire equipment and motor vehicles, to undertake street improvements, to undertake water and sewer system improvements, and to pay the costs of issuance associated with the Certificates. Payment of the principal of and interest on the Certificates when due will be insured by a financial guaranty insurance policy to be issued by MBIA Insurance Corporation simultaneously with the delivery of the Certificates.

CUSIP PREFIX: 950868 MATURITY SCHEDULE & 9 DIGIT CUSIP See Schedule on Page 2 LEGALITY . . . The Certificates are offered for delivery when, as and if issued and received by the Initial Purchaser and subject to the approving opinion of the Attorney General of Texas and the opinion of Montalvo & Ramirez, Bond Counsel, McAllen, Texas (see Appendix C, "Form of Bond Counsel's Opinion"). Certain legal matters will be passed upon for the Underwriter by The Perez Law Firm, PLLC, McAllen, Texas, Counsel for the Underwriter. DELIVERY . . . It is expected that the Certificates will be available for delivery through DTC on September 18, 2007.

ESTRADA HINOJOSA & COMPANY, INC.

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STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ SPECIAL SERVICES AGREEMENT ON HOTEL/MOTEL ROOM OCCUPANCY § TAX PROCEEDS BETWEEN THE CITY OF WESLACO AND THE WESLACO § AREA CHAMBER OF COMMERCE.

PUBLICITY AND TOURISM AGREEMENT This agreement made this the____day of December 2013, by and between THE CITY OF WESLACO, a home-ruled municipal corporation located at 255 S. Kansas Avenue, Weslaco, Hidalgo County, Texas hereinafter called “The City” and THE WESLACO AREA CHAMBER OF COMMERCE located at 275 S. Texas Avenue, Weslaco, Hidalgo County, Texas, hereinafter called “The Chamber of Commerce”. I. The City by authority of powers granted to it under state statutes and its home-rule charter has heretofore enacted a local hotel/motel occupancy tax on occupants of hotels or motels within the City. II. As part of its obligation under state statutes (primarily V.A.T.S. Tax Code, Section 351.101) to use local hotel/motel occupancy tax funds for attracting and promoting tourism and the convention and hotel industry, the City hereby agrees to pay to the Chamber of Commerce $________ which will be paid in quarterly installments of $________. The Chamber of Commerce agrees to spend all allocated funds during the term of this contract. The monies received by the City from the local hotel/motel occupancy tax and used by the Chamber of Commerce for advertising and promoting tourism in the City derives direct tourism income benefit to the City. The Chamber of Commerce agrees that any local hotel/motel occupancy tax funds paid to it by the City shall be used only in the following specific areas shown on Exhibit “A” Workplan. The Chamber of Commerce agrees to conduct a continued program of advertising and promotion for the purpose of attracting visitors, tourists, and conventions to the local area and to the City by publishing and distributing brochures and community information packets, by advertising in various tourists publications and general media publications which are appropriate, by representing the City at travel shows and other such events, by participating with state and regional agencies in tourist development programs of benefit to the local area and to the City, and by using all appropriate means to increase the traveling public’s awareness of the resort and recreational advantages of the local area and the City. The Chamber of Commerce further agrees that it will seek to achieve economic benefit for the City through all of such activities, that it will provide tourist-related information about the

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City upon request and that it will serve as an advisory body to the City, on request, in matters related to expanding the tourist-derived economy. The Chamber of Commerce further agrees that it will undertake all reasonable efforts to spend at least 25% of the hotel/motel occupancy tax funds received from the City in the Weslaco Market area. III. Performance Measures The Chamber of Commerce further agrees that it will undertake all reasonable efforts to quantify performance measurements for the purpose of comparative analysis on the efficiency and effectiveness of various inputs and outcomes. Such data should include, but is not limited to, the following: amount of promotional literature distributed, by type and locations; tabulation of advertising expenditures and reported viewership; visitations to the Chamber of Commerce website, by content page; number of visitations to the center; number of tourism-related activities conducted and their attendance; number and duration of overnight hotel stays; and receipts in Hotel Occupancy Tax and Sales Tax, by month. The Chamber of Commerce should incorporate this data into its monthly activity report (see section VI), provide an analysis of trends, and upon request of the Weslaco City Commission or its staff, shall make these performance measurements available for inspection and review. IV. It is expressly understood and agreed by and between the parties that the Chamber of Commerce is contracted and engaged as an independent contractor and is not an officer, agent or employee of the City. V. The Chamber of Commerce shall secure sufficient numbers of employees to comply with the terms of this Agreement. The Chamber of Commerce shall further provide such office space, equipment, supplies and other materials as may be necessary to accomplish the purpose of this Agreement. VI. The Chamber of Commerce shall provide to the City, prior to obtaining any hotel/motel occupancy tax proceeds, a proposed budget for the upcoming year, said budget to be approved by the City Commission in writing in advance of the release of any local hotel/motel occupancy tax funds. It is understood and agreed by and between the parties that, upon budget approval by the municipality, a fiduciary duty is created in the Chamber of Commerce with respect to expenditure of revenue provided. Thereafter, the Chamber of Commerce shall provide to the City monthly financial and activity reports, on the approved projects that are conducted to benefit the City of Weslaco, as well as an end-of-the-year financial report listing the expenditures made from the revenues from

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the local hotel/motel occupancy tax. It is further agreed by the Chamber of Commerce that it shall maintain said revenue in a separate account established for that purpose and that it shall not commingle the revenues with any other money or maintain it in any other account. The Chamber of Commerce shall maintain complete and accurate financial records of each expenditure of local/hotel occupancy tax revenue and, upon request of the Weslaco City Commission or its staff, shall make the records available for inspection and review. The Chamber of Commerce will cooperate with the City of Weslaco on an annual independent audit of the hotel/motel tax funds received by the Chamber of Commerce from the City of Weslaco. The audit will be performed in conjunction with the City of Weslaco Annual Audit. It is understood and agreed by and between the parties that the sales and use tax proceeds may be spent by the Chamber of Commerce for day-to-day operations including supplies, salaries, office rental, travel expenses, and other administrative costs, if same have been previously approved in the budget and does not exceed the percentage of cost that is attributed to the activities funded by the hotel/motel occupancy tax and if directly related to the promotion of tourism and marketing that will have an economic impact for the City. VII. This Agreement shall begin the 1st day of October 2013 and shall continue in force for a period of 12 months ending September 30, 2014. The City shall have the option to terminate this Agreement at any time and for any reason within thirty (30) days after giving such notice of its intent to the Chamber of Commerce. VIII. Any notice that is sent pursuant to this Agreement shall be sent to the following addresses: If to the City of Weslaco: Mr. Leonardo Olivares City Manager City of Weslaco 255 S. Kansas Avenue Weslaco, Texas 78596 If to the Weslaco Area Chamber of Commerce: Ms. Martha Noell, President/CEO Weslaco Area Chamber of Commerce 275 S. Texas Avenue Weslaco, Texas 78596

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IX. No part of this Agreement may be assigned without the prior written consent of the other party, and any attempted assignment of benefits or rights or delegation of duties or obligations shall be a breach of this Agreement. However, nothing in this Agreement shall prohibit the Chamber of Commerce from participating with regional or state tourism programs or to contract for joint promotion with other agencies as long as these programs or promotions do not conflict with the Workplan. X. The Chamber of Commerce agrees to and shall indemnify and hold harmless and defend the City, its officers, agents, and employees for expenses of litigation, court costs, attorneyâ&#x20AC;&#x2122;s fees and from any and all claims, losses, causes of action and damages, suits, and liability of every kind including injury arising from or in connection with the operations of the Chamber of Commerce, its officers, agents and employees carried out in furtherance of this Agreement. The Chamber of Commerce shall carry or cause to be carried public liability, bodily injury insurance on all automobiles used in the operations embraced by this agreement in the amount of $1,000,000 million combined single limits. The Chamber of Commerce shall carry or cause to be carried general liability insurance in the amount of $1,000,000 million per occurrence naming the City as a covered party. Said insurance policies shall name the City as an additional insured and covered party. Said policies, or duplicate originals thereof, must be filed with the City before any operations contemplated by the Agreement are begun. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. CITY OF WESLACO

David Suarez, MAYOR

ATTEST:

Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM:

Ramon Vela, CITY ATTORNEY

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WESLACO AREA CHAMBER OF COMMERCE

Randy Summers, CHAIRMAN

ATTEST:

Martha Noell CEO/PRESIDENT

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City Manager’s and Department Directors’ Report 3 December 2013 Departmental Update • Airport: George Garrett o No Report. • City Secretary’s Office: Elizabeth Walker o The Canvass of the General Election was conducted November 18. o Installation of the new officers was conducted November 19. o The City Secretary’s Office is preparing the 2013 approved ordinances for codification. •

Finance Department: Bret Mann o Continued preparation of the 2012-13 financial data. o Prepared and distributed the Sick Leave Buy-Back List. o Worked with Utility Billing Division to prepare for revised rates in InCode. o Worked on the development of a capital outlay plan.

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Fire Department: Chief Santiago Cuellar o Participated in Annual Bess Knapp Training. Please see attachment.

• Homeland Security Department: George Garrett o The foundation and first leg of the communications tower was completed November 21, 2013. Weather permitting the tower will be complete before Thanksgiving. Upon completion, Tri-County Communications will begin installing grant purchased equipment to the existing system and on the new tower. o A review of Computer Aided Dispatch (CAD) systems has begun with a presentation by Taylor Industries to the user group, Tiburon CAD system has chosen not to present due to the cost of their system. New World will make a presentation on December 15-16, 2013 to the user group. Pharr has invited the Mid Valley Regional Communications Corporation (MVRCC) to participate with Pharr as a user of the New World System they are purchasing. This would allow the Police Departments to be able to run records checks throughout the region. New World is the provider to the majority of Police Departments in the region. 255 S. KANSAS AVE. ■ WESLACO, TEXAS 78596-6285 ■ 956-968-3181 ■ WWW.WESLACOTX.GOV

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o Next project will be the build out of the false floor in the communications (dispatch) room. •

Information Technology Department: E. Rey Garcia o Upcoming IT Projects & Purchases for the City:  15 new thin client computers, with 22 inch monitors, keyboards and mouse for City employees (Quotes received).  Microsoft Office 2013 for ALL City employees.  Network Switches–Improve security and connectivity between departments, allows us to do power over the Internet (VOIP) Voice Over IP. This will bring the City to an Enterprise Level.  Cemetery Module for our Weslaco Parks Department - Module by Tyler Technologies, Inc.  IT continues to work with the Public Utilities Department as they setup new computer equipment for the Water Plant and the new hires.  Assist the Mayor Joe V. Sanchez Public Library with upcoming technology purchases. o Note that some of these items may probably require City Commission approval and may need to go out for bids. I will keep everyone posted.

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Library Department: Arnold Becho o Two of the library’s Urban County grant projects are proceeding well.  Construction within the Restroom Project is slated to begin late December and should be completed by March.  The first orders within the Furniture Project have been placed and we should be receiving the products in February. o We are expanding programing.  This weekend Mayor Sanchez presented “La Malinche”.  The Winter Reading Program starts on December 21.  AARP tax assistance will begin in February.

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Municipal Court: Rosa Huerta o No Report.

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Parks/Recreation: David Arce o Fixed and replaced AEP flood lights at Harlon Block Sports Complex. o Infield rascal is being used to prepare the softball/baseball fields. o Cemetery Inventory List has been cleared. Citizens have been called about cemetery regulations. o Feast of Sharing will be held at St. Joan of Arc Parish on December 14, 2013.

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Planning /Code Enforcement: Jeff Underwood

“The City on the Grow”

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o Updates to the city limit map were completed based on a recently discovered annexation ordinance. o Modifications to the proposed drainage easement with Weslaco ISD were completed. o Planning staff meet with Hidalgo County Precinct #1 Officials to discuss transportation related projects. o The Urban County Work-plan was completed and submitted to Urban County. o Geographic Information System (GIS) Supervisor is attending the GIS conference in Harlingen. o City Engineer attended a pre-construction meeting at Urban County for the library restroom renovations. o Staff has received and reviewed contracts with all three geotechnical and material testing firms. •

Police Department: Chief Michael Kelly o Total Arrest 34  12 Females  22 Males o Total Transports to HCSO 13 o The Bi-Annual Physical Test has begun o Preparing for the Feast of Sharing Event Tentatively Scheduled for December 14, 2013. o Preparing for the Christmas Parade scheduled on December 19, 2013.

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Public Facilities Department: Oscar Garcia o Building Maintenance  Continuing with the remodeling of the Texas A&M Citrus Center. Floors and ceiling- 95% complete.  Continuing with Antenna installation at Public Facilities for the 911 Center. Waiting for concrete to dry completely to start erecting 50 Ft. Antenna.  Commencing Storage Room at Public Facilities- 2nd floor (20X30 Storage Room) for 911 Center following the installation of the Antenna.  Completed maintenance of the City Park Baseball fields & Harlon Block Park Soccer Fields.  Draining of Pools- Gibson Park has been completed & Issac Rodriguez Park is on standby to avoid damage of pool structure due to water table being too high.  Waiting on bucket trucks and twelve (12) light bulbs to change out the lights at the City Park tennis courts. o Streets Division  Department has focused on filling potholes, and cleaning debris on a daily basis.

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  

Cleaned ditches and cut brush along the south side of the City’s drainage areas. Cleaned/cut grass on city lots and Right-of-Way. Continuing to pour concrete for the sidewalk on Airport Drive south of City Park. Completion of reconstruction/paving on Sugarcane and Votech Drive (approx. 8,000 sq.ft.); Votech & Sugar Sweet Ave. (approx. 960 sq.ft.); Frontage & North Bridge (approx. 1,000 sq.ft.).

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Public Utilities Department: David Salinas o A new aeration method for digestion at the North Wastewater Plant is utilizing air induction. The new process is showing positive results. o The City of Edinburg will be one of the City’s new municipal sludge disposal sites for water and wastewater. The new sites are being studied to maximize disposal costs. o Continue weekly safety meetings with staff. Hearing and Trench Protection will be covered this week.

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Upcoming Meetings & Events o 2013 Open Government Conference (December 9-10; Austin) o Employee Service Awards Luncheon (December 14; Weslaco) o Feast of Sharing (December 14; Weslaco) o Christmas Parade (December 19; Weslaco)

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Media o Restraining orders halt Weslaco annexation vote (The Monitor, November 22) o Failed Weslaco commission candidate's lawsuit alleges 'obvious illegal registration' of voters (The Mid-Valley Town Crier, November 22) o Weslaco Resident Files Complaint Against City Council (KRGV Channel 5 news, November 20) o DA Considers Legal Action against Weslaco Officials (KRGV Channel 5 news, November 20) o Weslaco City Commission Votes Again on Agenda Items Officials (KRGV Channel 5 news, November 20) o Warning about Weslaco meeting came from a PD officer (The Mid-Valley Town Crier, November 18)

“The City on the Grow”