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Weslaco City Commission Regular Meeting

Page 1 August 21, 2012

Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: August 21, 2012 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. Invocation by Pastor Yorelis Terin, El Shadai International Christian Center. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll. 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): 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 August 21, 2012

Miguel D. Wise, Mayor John F. Cuellar, Mayor Pro-Tem, District 2 Robert J. Garza, Commissioner, District 1 Olga M. Noriega, Commissioner, District 3 Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5 Joe A. Martinez, 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.

WESLACO, TEXAS 78596-6285

956-968-3181

WWW.WESLACOTX.GOV


Weslaco City Commission Regular Meeting

Page 3 August 21, 2012

Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: August 21, 2012 II. A. and VI. A. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Oscar S. Reyes. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Permit and a Retail Dealer’s On-Premise Late Hours License at 318 W. Pike Blvd., also being Lot 2, Block 1, Palm Plaza Shopping Center Subdivision Unit I, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain a Wine and Beer Retailer’s Permit and a Retail Dealer’s On-Premise Late Hours License. This location has already been in business for over two months and the applicant is seeking to extend hours of on premise wine and beer consumption until 2:00 a.m. 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 July 30, 2012. Three (3) property owners within 200 ft. of the applicant’s property were notified by letter on August 3, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 08/15/2012, recommends approval with the stipulation that one police officer be present from Monday through Sunday from 8:00 pm to 2:00 am. Staff Recommendation for Commission Action: Staff recommends approval with conditions set by Planning and Zoning Commission. 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 August 21, 2012

Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: August 21, 2012 II. B. and VI. B. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Javier Pena. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1629 Cypress Drive, also being Lots 1, 2 & 3, Westgate Village Mobile Home Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] 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 July 30, 2012. Nineteen (19) property owners within 200 ft. of the applicant’s property were notified by letter on August 3, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 08/15/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends denial of rezone based on the Comprehensive Plan. 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.


Weslaco City Commission Regular Meeting

Page 5 August 21, 2012

EXECUTIVE DIRECTOR’S REPORT TO WESLACO CITY COMMISSION August 2012 INVESTMENTS AND ACCOMPLISHMENTS 2011-2012 1.

Business-Visitor & Event Center Construction of the Business-Visitor & Event Center was completed on time and on budget. The grounds at the City Hall complex were landscaped and a display of the Seven Flags over South Texas is an added attraction.

2.

Business-Visitor & Event Center Phase 2 The IDEA Group is working on the design phase of the Business-Visitor & Event Center. Funding for the new construction is secured. With a very focused and deliberate plan, the investment of One Million One Hundred Twenty-Five Thousand Dollars ($1,125,000.00) will improve the approximately sixteen thousand square feet (16,000) of the BVEC. The Great Hall should be completed by April 2013.

3.

Texas Department of Public Safety Regional Headquarters Occupancy of the new DPS facility was accomplished in October 2011 with the Grand Opening in January 2012. This headquarters validates and reinforces Weslaco’s location to serve the regional market.

4.

J. C. Penney’s / Lowe’s Development PETCO, Feldman’s, and Sprint were added to the J. C. Penney / Lowe’s development.

5.

Chuck E. Cheese The new Chuck E. Cheese is under construction. A ten thousand square foot (10,000) multi-tenant building has been submitted to the City for technical review. Another restaurant is still in the mix.

6.

Mid-Valley Industrial Park The following companies relocated to the Industrial Park: a. Aisla Coat b. ColiMex c. Southeastern Freight d. Motion Industries e. Mission Foods f. TDIndustries

7.

Woodcrafters The seven (7) year commitment to Woodcrafters was fulfilled. Woodcrafters remains the largest private employer in the trade area. At the last reporting period, the company documented five hundred and thirty-four (534) employees. Since 2009 Woodcrafters has averaged five hundred thirty-five (535) employees per quarter.

275 S. Kansas Suite A Weslaco, Texas 78596 Phone 956-969-0838 Fax 956-969-8611 www.weslacoedc.com


Weslaco City Commission Regular Meeting

Page 6 August 21, 2012

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EXECUTIVE DIRECTOR’S REPORT TO WESLACO CITY COMMISSION AUGUST 2012 INVESTMENTS AND ACCOMPLISHMENTS 2011-2012

8.

Economic Development Incentives Paid a. Woodcrafters b. RGV W.O.R.D. c. Olive Garden d. L&W Supply e. ColiMex f. Pharmacy Care g. TDIndustries h. Aisla Coat i. Mission Foods j. Motion Industries

9.

Central Business District a. The building at 308-318 South Texas was improved and is under contract to J. Nava. b. The following businesses relocated to downtown: 1) Alicia Home Décor 2) H&K Bakery Supplies 3) Sun Blast Comics c. The lease of the Well’s parking lot increased public parking. This is the third parking lot leased by the EDC for public parking. d. A Farmers’ Market was added to the mix of downtown events. e. The EDC continues with the daily cleanup downtown.

10.

Façade Improvements a. 308-318 South Texas b. El Cid, 535 South Texas c. Jeff Everitt and Associates, 901 South Texas d. Happiness Cupcakes, 614 South Texas

11.

Business Expansion The EDC provided a Fifty Thousand Dollar ($50,000.00) grant for the relocation and expansion of Texas Health Care Imaging.

12.

Alfresco Weslaco The monthly jazz and art festival, Alfresco Weslaco, continues to market and validate Weslaco as an ideal business community and a community which values and celebrates art. Art and culture are an important component of economic development.

13.

Marketing and Promotion A weekly column, “The Weslaco Advantage”, is published in the Mid-Valley Town Crier. The column helps to market Weslaco from within. The marketing strategy is to position and validate Weslaco as a business center in the Rio Grande Valley. Weslaco is a clear choice to fulfill business expectations.


Weslaco City Commission Regular Meeting

Page 7 August 21, 2012

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EXECUTIVE DIRECTOR’S REPORT TO WESLACO CITY COMMISSION AUGUST 2012 INVESTMENTS AND ACCOMPLISHMENTS 2011-2012

14.

Mid-Valley Airport The airport terminal was refinished and made more inviting to pilots. The terminal façade was improved and the grounds are now maintained on a weekly basis. The presentation has improved One Hundred Percent (100%).

15.

Valley Nature Center The EDC provided a Forty Thousand Dollar ($40,000.00) grant to the Valley Nature Center to help sustain the operation. The EDC committed to a grant of One Hundred Seventy-Five Thousand Dollars ($175,000.00) to the new center. This is a work in progress.

16.

Good Will a. Pan de Campo, Weslaco Museum b. Gala, Weslaco Area Chamber of Commerce c. Harvest Night, Knapp Medical Center Foundation d. District Gala, Boy Scouts of America

17.

Summary Overall, Weslaco’s position in the Rio Grande Valley is improving and will continue to improve with continued conservative and targeted investments. The outlook is positive and promising.

HG:mg 8/09/12


Weslaco City Commission Regular Meeting

Page 8 August 21, 2012

Weslaco Chamber of Commerce Activities Report – July 2012 For the Weslaco Chamber Board, Weslaco City Commission HOTEL/MOTEL BUDGET PROMOTIONAL ACTIVITIES

Advertising & Promotion - The Chamber in cooperation with the City of Weslaco produced a bus wrap for a Valley Metro that travels a route from Harlingen to McAllen. The bus promotes Weslaco’s many advantages. The cost of the advertising is $12,000, the Chamber is paying $6,000 of the cost and handled the graphic design. - Fox News Good Day Valley host Jessica Montoya, featured the Weslaco Business, Visitor & Event Center as a destination for tourism information. The station visited the Center and interviewed Martha Noell, President/CEO. - Shop VIP (distributed at the international crossings to north-bound Mexican visitors) included a ½ pg ad on Weslaco and monthly ad on the Shop VIP Facebook page. th - Chamber hosted a workshop for the Rio Grande Valley Film Commission on Saturday, July 28 at STC in McAllen. The RGV Film Commission conducts workshops for those interested in the film industry and assists films, commercials & movies being produced in the Valley. www.rgvfilmcommission.com

WESLACO AREA CHAMBER COMMITTEE ACTIVITIES

Weslaco Beautiful th - Weslaco Beautiful conducted a workshop on Green Roofs and Native Landscaping on July 13 . Green Roofs was presented by Augusto Sanchez-Gonzalez, Research Engineering Associate at Texas A&M University in Kingsville; the Native Landscaping portion was presented by Martin Hagne, Valley Nature Center. Twenty six attended. Gala Committee th - The Gala Committee continues to meet weekly to plan the August 25 Fund Raising Event. The theme for this year’s fund raiser will be American Bandstand. Member Services - A Good Morning Weslaco was held July 25th at 7:30 am at Savory Perks. The guest speaker was Andrew Cannon of the Hidalgo County Metropolitan Planning Organization. He presented a program on the Hike & Bike Plan for Hidalgo County. Ten attended. - The Chamber in conjunction with United Blood Services hosted a blood drive at the City Hall/Visitor Center Parking Lot th on July 27 , 12 noon – 4 pm. Leadership Mid Valley th - Leadership Mid Valley Steering Committee held their organizational meeting July 20 for Class VIII to begin in October 2012. Officers elected were: Gerry Bower-Chairman, Alicia Aguilar-Vice Chair, Secretary/Treasurer-Nadia Ochoa. The st deadline for applications is September 21 . Applications are now available. Red Coat Ambassadors th - Ribbon Cutting Ceremonies were held for El Tamaulipeco Restaurant on July 13 , La Michoacana Meat Market on July st th. 21 , and Retama Manor on July 25

Chamber Calendar

July 5 – Fox News Coverage of Weslaco Visitor Center July 11 – Gala Committee, 12 noon July 11 – RGV Tourism Cooperative meetings, 2 – 5 pm July 12 – Green Roofs & Native Landscaping Seminar, 6:30 pm July 13 – El Tamaulipeco Restaurant RC, 10 am July 17 – Chamber Report to City Council, 5:30 pm July 18 – Chamber Board meeting, 4 pm

July 18 – Chamber Report to Weslaco EDC, 6 pm July 20 – Leadership Mid Valley Committee, 12 noon July 24 – Gala Committee, 12 noon July 25 – Good Morning Weslaco, Savory Perks, 7:30 am July 25 – Retama Manor Nursing Home RC, 5 pm July 27 – United Blood Services Blood Drive 12-4 pm July 28 – RGV Film Commission Workshop, STC-McA

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Weslaco City Commission Regular Meeting

Date 1-Jul 3-Jul 4-Jul 6-Jul 8-Jul 8-Jul 9-Jul 10-Jul 15-Jul 18-Jul 19-Jul 19-Jul 19-Jul 19-Jul 22-Jul 22-Jul 22-Jul 29-Jul 29-Jul 29-Jul

Page 9 August 21, 2012

Publication The Monitor Texas Border Business Online Mid Valley Town Crier Fox News Good Day Valley The Monitor The Monitor The Monitor Online The Monitor Mid Valley Town Crier YourValleyVoice.com Texas Border Business Online Texas Border Business Online Texas Border Business Online Valley Morning Star online The Monitor The Monitor Mid Valley Town Crier The Monitor The Monitor Mid Valley Town Crier

July 2012 Editorial Report Content LMV Class Project New Visitors Center LMV Class Project Featured the Weslaco Business & Event Center New Visitors Center Weslaco Beautiful Seminar LMV Class Project LMV Class Project Miss Weslaco Blood Drive Miss Weslaco Blood Drive Weslaco Beautiful Seminar GMW - Boys and Girls Club Miss Weslaco Blood Drive GMW - Andrew Canon GMW - Andrew Canon Miss Weslaco Blood Drive Valley Metro Bus Wrap LMV Graduation GMW - Boys and Girls Club Chamber Page

Photo 1 1 2 1 1 2 1 1 1 1 1 1 1 1 6

Literature Distribution Oct 2004 – July 2012: (doesn’t include what is distributed in the Chamber office) MAPS 2004- 05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 Oct 2011 Nov 2011 Dec 2011 Jan 2012 Feb 2012 Mar 2012 April 2012 May 2012 June 2012 July 2012

4,879 4,799 1,668 1,586 3,985 3,499 3,967 627 12 325 287 40 5 24 90 300 1

WESLACO BROCHURE & LODGING

WESLACO NATURE GREEN DINING AUDUBON DFD & VISITORS HOT SPOTS VNC BROCHURE LITERATURE DIRECTORY BROCHURE ONION FEST MAGAZINE BROCHURES BAGS RACK CARD 14,533 NA 9,258 699 5,170 435 4,274 12,292 NA 9,275 1,979 4,413 1,806 2,191 10,925 NA 6,456 2,457 9,701 1,692 2,749 6,016 NA 1,460 1,283 2,596 436 416 14,956 1,291 NA 9,224 1,918 2,079 81 17 14,452 10,527 2,305 6,343 1,627 9,645 130 122 20,635 3,302 959 9,247 507 5,879 7 60 17,535 85 600 651 0 1 1 1 0 401 12 21 25 201 0 0 0 800 3 785 250 601 1 1 n/a 270 0 420 0 201 1 1 n/a 92 0 17 0 3 1 1 n/a 79 0 23 0 0 0 0 n/a 28 320 21 0 26 0 0 n/a 269 0 2,013 0 251 0 0 n/a 550 300 185 0 50 0 0 n/a 775 0 176 0 0 0 0 n/a Other items distributed and tracked include: pens, pencils, bags, birding maps, key chains, bird & butterfly pins, etc.

MAIN STREET BROCH. 1,871 4,207 7,061 6,496 814 445 206 0 0 0 0 0 0 0 40 0 0

Literature & Convention Material Distribution July 2012 Library Reading Program Hidalgo Chamber of Commerce Softball League Nationals, Mandeville, LA Tx Travel Info Ctr, Texarkana Total

Items 500

August 2012

Items

September 2012

Items

339 60 500 780

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Weslaco City Commission Regular Meeting

OCT 03 124 OCT 04 201 OCT 05 176 OCT 06 283 OCT 07 427 OCT 08 367 OCT 09 370 OCT 10 478 OCT 11 213

NOV 03 410 NOV 04 582 NOV 05 712 NOV 06 819 NOV 07 854 NOV 08 671 NOV 09 814 NOV 10 849 NOV 11 618

DEC 03 769 DEC 04 617 DEC 05 1,035 DEC 06 1,066 DEC 07 1,110 DEC 08 1,210 DEC 09 1,173 DEC 10 1,229 DEC 11 843

Page 10 August 21, 2012

JAN 04 1,536 JAN 05 1,598 JAN 06 2,228 JAN 07 2,221 JAN 08 2,386 JAN 09 2,375 JAN 10 2,225 JAN 11 2,104 JAN 12 1,323

FEB 04 1,410 FEB 05 2,120 FEB 06 2,391 FEB 07 2,118 FEB 08 1,947 FEB 09 2,555 FEB 10 2,282 FEB 11 2,066 FEB 12 1,772

Visitor Registration

MAR 04 775 MAR 05 1,457 MAR 06 1,825 MAR 07 1,595 MAR 08 1,117 MAR 09 1.397 MAR 10 1,592 MAR 11 1,626 MAR 12 862

APR 04 141 APR 05 345 APR 06 177 APR 07 223 APR 08 390 APR 09 344 APR 10 189 APR 11 175 APR 12 139

MAY 04 37 MAY 05 104 MAY 06 80 MAY 07 117 MAY 08 88 MAY 09 85 MAY 10 102 MAY 11 85 MAY 12 178

JUNE 04 41 JUNE 05 88 JUNE 06 58 JUNE 07 140 JUNE 08 148 JUNE 09 133 JUNE 10 127 JUNE 11 134 JUNE 12 176

JULY 04 20 JULY 05 105 JULY 06 78 JULY 07 304 JULY 08 190 JULY 09 172 JULY 10 176 JULY 11 140 JULY 12 191

AUG 04 10 AUG 05 67 AUG 06 75 AUG 07 78 AUG 08 180 AUG 09 179 AUG 10 179 AUG 11 85 AUG 12

SEPT 04 20 SEPT 05 76 SEPT 06 114 SEPT 07 353 SEPT 08 159 SEPT 09 189 SEPT 10 108 SEPT 11 76 SEPT 11

5,293 7,360 8,949 9,317 8,996 9,677 9,337 9,047

Advertising & Promotion (Oct 2011 – Sept 2012)

OCTOBER 2011 Lamar Outdoor (281 Billboard) $832 Benchmark Outdoor (Exp 83 Billboard) $1,200 WT Times Park Guide $1,125 NOVEMBER 2011 Lamar Outdoor (281 Billboard) $1,664 Benchmark Outdoor (Exp 83 Billboard) $2,400 Texas Travel Information File Folder $450 South Texas Nature annual membership $2,200 South Texas Nature British Birding Fair ad $500 De Shopping, ½ pg ad November $500 Austin Monthly magazine, 1/6 pg Sept $400 DECEMBER 2011 Liz Gonzalez, Graphics for Christmas $674 Lamar Outdoor (281 Billboard) $832 De Shopping, ½ pg ad December $500 Shop VIP Magazine (Sept. full pg) $1,250 JANUARY 2012 Lamar Outdoor (281 Billboard) $832 Benchmark Outdoor (Exp 83 Billboard) $1,200 Justin Wallace Photography (ad photos) $575 Texas Travel Industry File Folder (annual) $450 Greg Schuller, poster delivery to MH/RV $700 Copy Rite (posters for MH/RV Parks) 79.00 Mid Valley Town Crier(Christmas Parade ad) $450 Winter Texan Times (Christmas Parade ad) $965 The Monitor (Christmas Parade ad) $1,049 Mid Valley Town Crier (Christmas Parade ad)$1,300 FEBRUARY 2012 Liz Gonzalez – graphic design $375 Benchmark Outdoor billboards $4,000 KC Advertising – Bags for tourists & conventions $2,019 MARCH 2012 Liz Gonzalez – graphic design $75

Tri-Star Directories (BBB)ad $90 De Shopping, ½ pg March $500 Shop VIP, ½ pg, Feb $575 Shop VIP, Facebook ad, February $50 Shop VIP, ½ pg March $575 Shop VIP, Facebook ad, March $50 Tejas y Turismo Cover & Central pgs, Mar 23$2,500 Benchmark Outdoor billboards $2,100 APRIL 2012 De Shopping ½ pg April $500 Shop VIP, ½ pg April $500 Benchmark Advertising – 2 snipes for Onion Fest $1,200 MAY 2012 Benchmark Outdoor billboards $2,400 Graphic Design $206.25 Winter Texan Times Visitors Guide $1,170 Shop VIP, ½ pg Apr $575 Shop VIP, Facebook ad Apr $50 Shop VIP, ½ pg May $575 Shop VIP, Facebook ad May $50 Shop VIP, ½ pg June $575 Shop VIP Facebook ad $50 BiBiSi LLC, mobile website development $600 JUNE 2012 Hidalgo County Tourism Cooperative $2,000 RGV Film Commission $750 JULY 2012 De Shopping, ½ pg July $500 Shop VIP, ½ pg, July $575 Shop VIP, Facebook ad, July $50 Tejas y Turismo ½ pg ad, July $500 City of Weslaco (bus wrap) $6,000 Benchmark Outdoor billboards $4,800 Liz Gonzalez (graphic design) $542.75

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Weslaco City Commission Regular Meeting

Page 11 August 21, 2012

WESLACO AREA CHAMBER OF COMMERCE CASH BUDGET VS ACTUAL CASH EXPENDITURES FOR THE TEN MONTHS ENDED JULY 31, 2012 HOTEL/MOTEL YTD ANNUAL PERCENT ACTUAL BUDGET UTILIZED 198,000 198,000 100.00%

Contractual Income TOTAL INCOME ADVERTISING General Advertising Winter Texas Advertising Nature Tourism Mexico Marketing Texas/Domestic Advertising SPECIAL EVENTS Special Events Sporting Events Promotional Items Downtown Promotion CONVENTION AND TRADE SHOWS Convention Sales & Services OPERATIONAL EXPENSES Accounting & Financial Review Rent/Maintenance for Visitor Center Commercial Insurance Membership & Dues Postage Telephone Bank Charges Auto Expense ADMINISTRATIVE EXPENSES Salaries & Wages Payroll Taxes Health Insurance STAFF DEVELOPMENT Staff Development OTHER To be reimbursed Advertising from Prior Period Budget TOTAL EXPENSE CHANGE IN NET ASSETS

$

198,000

198,000

100.00%

7,489 4,965 2,903 10,125 30,460

20,025 5,200 5,700 14,600 36,000

37.40% 95.48% 50.93% 69.35% 84.61%

6,559 -

7,000 1,000 2,500

93.70% 0.00% 0.00%

2,272

6,400

35.50%

4,620 10,808 2,818 2,202 6,831 5,452 25 1,278

5,400 10,400 3,000 2,600 8,500 5,800 2,000

85.56% 103.92% 93.93% 84.69% 80.36% 94.00% n/a 63.90%

55,000 6,000 8,580

55,000 6,000 9,000

100.00% 100.00% 95.33%

3,958

5,000

79.16%

1,244 -

-

n/a n/a

173,589

211,125

82.22%

24,411

$ (13,125)

See Accompanying Accountant's Report

n/a


Weslaco City Commission Regular Meeting

Page 12 August 21, 2012

A REGULAR MEETING OF THE WESLACO CITY COMMISSION AUGUST 7, 2012 On this 7th day of August 2012 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

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

City Manager City Secretary City Attorney

Leonardo Olivares Elizabeth Walker Ramon Vela

Also present: Rey Garcia, IT Director; Gloria Givilancz, Interim Finance Director; Lori Maldonado, Utility Billing Supervisor; Oscar Garcia, Public Facilities Director; Interim Police Chief Michael Kelly; Fire Chief Jimmy Cuellar; Arnold Becho, Library Director; Martin Mata, Assistant Library Director; Erasmo Lozano, Assistant Public Facilities Director; 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, August 3, 2012.

B.

Invocation. Father Mario Castro from the San Martin de Porres Catholic Church 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, called the roll, noting the absence of Commissioner Garza.

II.

PUBLIC HEARINGS A.

To solicit input on behalf of applicant Tomas Gonzalez and owner Feliza Taylor to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 611 S. Texas Blvd., also being all of Lot 19 and the South 20’ of Lot 20, Block 49, Weslaco Original Townsite, Weslaco, Hidalgo County, Texas.

Minutes of the Regular City Commission Meeting August 7, 2012

Page 1 of 11


Weslaco City Commission Regular Meeting

Page 13 August 21, 2012

Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to open public hearings on items II. A – D concurrently. The motion carried unanimously; Mayor Wise was present, but not voting. The City Manager assured that notice had been published in the Monitor and all affected property owners had been notified. There were no comments received. B.

To solicit input on behalf of CEC Entertainment, Inc., owners SDI Weslaco Holdings, LLC, d.b.a. Chuck E. Cheese’s, to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Permit at 725 E. Expressway 83, also being Lot 8R of the Re-plat of Lots 6, 7, & 8, SDI Weslaco Holdings, LLC Subdivision, Weslaco, Hidalgo County, Texas.

C.

To solicit input on behalf of Specs’ Family Partners, Ltd., owner Capcor Weslaco, Ltd., d.b.a. Feldman’s, to approve a Conditional Use Permit to obtain a Package Store Permit, Beer Retail Dealer’s Off-Premise License, Local Distributor’s Permit, Local Cartage Permit and Package Store Tasting Permit at 809 E. Expressway 83, also being all of Lot 3 SDI Weslaco Holdings, LLC-Amended Subdivision, Weslaco, Hidalgo County, Texas.

D.

To solicit input on behalf of Carlos De La Cruz, d.b.a. Jalisco Restaurant to approve a Conditional Use Permit to obtain a Mixed Beverage Restaurant Permit with Food Beverage Certificate, late hours and live music permit at 1501 N. Westgate Drive, also being 0.491 AC, Block C, Expressway Heights Subdivision, Weslaco, Hidalgo County, Texas. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to close public hearings on items II. A – D. The motion carried unanimously; Mayor Wise was present, but not voting.

III.

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

A.

Approval of the Minutes of the Regular Meeting of July 17, 2012; (Requested by City Secretary’s Office.) Attachment.

B.

Acceptance by the Police Department of the Grant Award from the Texas Department of Public Safety Texas Ranger Division Local Border Security Program for the Fiscal Year (FY) 2012 (LBSP-12) in the amount of $15,000.00 for payment of overtime and operational costs for local law enforcement officers and authorize the Mayor and associated staff to execute any related documents. (Requested by Police Department.) Attachment.

C.

Approval of the amendment to the contract with Texas A&M University - Kingsville

Minutes of the Regular City Commission Meeting August 7, 2012

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Weslaco City Commission Regular Meeting

Page 14 August 21, 2012

to add a two-year extension to contract for the Phase II Non-Point Source Water Quality Management Planning and Implementation Grant which allows the library to construct water harvesting facilities at their location and lower much of their municipal water demand. (Requested by the Mayor Joe V Sรกnchez Public Library.) Attachment. D.

Approval of the renewal of the annual Host Agency Agreement with AARP Senior Community Service Employment Program allowing the City of Weslaco to accept participants through a short-term work-training program and authorize the Mayor to execute any documents. (Requested by Human Resources Department.) Attachment.

E.

Approval on behalf of Kyndel W. Bennett, President of Caltex RGV Ventures, LTD to amend all records, including City Commission Minutes of June 5, 2012 as well as the Subdivision Plat, to identify Comanches Subdivision as Comanches Estates Subdivision and authorize the Mayor to execute any related documents. (Requested by Planning and Code Enforcement Department.) Attachment.

F.

Approval to authorize the transfer of $3,000.00 from the Water fund Account No. 51558-3090 to the General fund Account No. 01-529-3240 for fueling expenses for the Excavator Unit #443 at the Public Facilities Department and authorize a budget amendment as appropriate. (Requested by Public Facilities Department.) Attachment.

G.

Approval to authorize the transfer of $9,000.00 from the Water fund Account No. 51559 to the General fund Account No. 01-510-2641 for the Maint-Heat & A/C expenses at the Police Department and authorize a budget amendment as appropriate. (Requested by Public Facilities Department.) Attachment. Commissioner Noriega requested items III. F and G be withheld for discussion. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve consent agenda items A, B, C, D, and E as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

IV.

APPOINTMENTS A.

Discussion and consideration to approve Resolution 2012-01 appointing a member to an expired term on the Board of Adjustments and Appeals to the Zoning Ordinance. Possible action. (Requested by Planning & Zoning Department; This item was tabled November 15, 2011.) Attachment. Commissioner Noriega, seconded by Commissioner Tafolla, moved to approve Resolution 2012-01 appointing Larry Cardenas, Sr. as a member of the Board of adjustments and Appeals to the Zoning Ordinance. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, the Resolution reads as follows:

RESOLUTION NO. 2012- 01 Minutes of the Regular City Commission Meeting August 7, 2012

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A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENTS & APPEALS-ZONING ORDINANCE. WHEREAS, the City of Weslaco created and established the Board of Adjustments & AppealsZoning Ordinance. WHEREAS, the term of the members of this board are for two years; and WHEREAS, the Board of Adjustments & Appeals-Zoning Ordinance members shall serve with neither compensation nor term limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT Larry Cardenas, Sr. is appointed to serve on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on 8th day of August, 2014. PASSED AND APPROVED on this 7th day of August, 2012. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

B.

Discussion and consideration to approve Resolution 2012-55 appointing an official member and an alternate member to the Amigos del Valle, Inc. Board of Directors for Fiscal Year 2012-2013. Possible action. (Requested by Amigos del Valle.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve Resolution 2012-55 reappointing Eloy Alaniz as an official member and Commissioner Noriega as an alternate member of the Amigos del Valle, Inc. Board of Directors for Fiscal Year 2012-2013. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, the Resolution reads as follows: RESOLUTION NO. 2012-55 THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

ยง ยง ยง

A RESOLUTION APPOINTING A MEMBER AND AN ALTERNATE MEMBER TO THE AMIGOS DEL VALLE, INC. BOARD OF DIRECTORS FOR FISCAL YEAR 2012-2013

WHEREAS, the Amigos del Valle, Inc. has requested that a City of Weslaco elected official be appointed to serve as the official member of the Amigos del Valle, Inc. Board of Directors; and WHEREAS, the City of Weslaco may elect to appoint an individual of the City of Weslaco to serve in place of the official member; and WHEREAS, the Amigos del Valle, Inc. has requested that a City of Weslaco elected official be appointed to serve as an alternate member of the Amigos del Valle, Inc. Board of Directors; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO that Eloy Alaniz be appointed as the official member of the Amigos del Valle, Inc. Board of Directors. Minutes of the Regular City Commission Meeting August 7, 2012

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BE FURTHER RESOLVED that Olga Noriega, City Commissioner be appointed as an alternate member of the Amigos del Valle, Inc. Board of Directors and a copy of this Resolution shall be delivered to the Amigos del Valle, Inc. to evidence these appointments. PASSED AND APPROVED this 7th day of August, 2012. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

V. III.

NEW BUSINESS F.

Approval to authorize the transfer of $3,000.00 from the Water fund Account No. 51558-3090 to the General fund Account No. 01-529-3240 for fueling expenses for the Excavator Unit #443 at the Public Facilities Department and authorize a budget amendment as appropriate. (Requested by Public Facilities Department.) Attachment. At the request of Commissioner Noriega, this and the following item were withheld from the consent agenda for discussion as new business. She expressed concern based on earlier budget discussions that the City regularly dips into this water fund; the City Manager acknowledged that the point was well taken, but that few departments within the City generate revenue; consequently, as the City strives to balance at year-end, it must transfer from funded accounts. He noted that at one point, the City transferred $4 million from the water fund; this year $1.2 million has been transferred to date. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

III.

G.

Approval to authorize the transfer of $9,000.00 from the Water fund Account No. 51559 to the General fund Account No. 01-510-2641 for the Maint-Heat & A/C expenses at the Police Department and authorize a budget amendment as appropriate. (Requested by Public Facilities Department.) Attachment.

Similarly to the previous discussion, the City Manager acknowledged the point was well taken. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. A.

Discussion and consideration after public hearing on behalf of applicant Tomas Gonzalez and owner Feliza Taylor to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Off-Premise Permit at 611 S. Texas Blvd., also being all of Lot 19 and the South 20’ of Lot 20, Block 49, Weslaco Original Townsite, Weslaco, Hidalgo County, Texas. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment.

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The City Manager stated notice had been published and a public hearing held; no comments were received. Owner Feliza Taylor clarified the business will occupy the former oil change facility on South Texas Boulevard. Commissioner Noriega confirmed with Mr. Joe Pedraza, Planning and Code Enforcement, that the ordinance requiring a conditional use on all beer and wine sales was in effect. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. B.

Discussion and consideration after public hearing on behalf of CEC Entertainment, Inc., owners SDI Weslaco Holdings, LLC., d.b.a. Chuck E. Cheese’s, to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Permit at 725 E. Expressway 83, also being Lot 8R of the Re-plat of Lots 6, 7, & 8, SDI Weslaco Holdings, LLC Subdivision, Weslaco, Hidalgo County, Texas. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager noted that the Planning and Zoning Commission recommends approval with the condition of security present. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

C.

Discussion and consideration after public hearing on behalf of Specs’ Family Partners, Ltd., owner Capcor Weslaco, Ltd., d.b.a. Feldman’s, to approve a Conditional Use Permit to obtain a Package Store Permit, Beer Retail Dealer’s OffPremise License, Local Distributor’s Permit, Local Cartage Permit and Package Store Tasting Permit at 809 E. Expressway 83, also being all of Lot 3 SDI Weslaco Holdings, LLC-Amended Subdivision, Weslaco, Hidalgo County, Texas. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager noted that the Planning and Zoning Commission recommends approval without conditions. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

D.

Discussion and consideration after public hearing on behalf of Carlos De La Cruz, d.b.a. Jalisco Restaurant to approve a Conditional Use Permit to obtain a Mixed Beverage Restaurant Permit with Food Beverage Certificate, late hours and live music permit at 1501 N. Westgate Drive, also being 0.491 AC, Block C, Expressway Heights Subdivision, Weslaco, Hidalgo County, Texas. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager noted that the Planning and Zoning Commission recommends approval with the condition of bonded security present on Friday and Saturday

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

Discussion and consideration to approve Resolution 2012-56 authorizing all matters incident and related to the issuance and sale of the Economic Development Corporation of Weslaco Sales Tax Revenue Bonds Series 2012 in the amount of $1,115,000.00 and authorize the Mayor to execute any related documents, including the Financing/Use Agreement. Possible action. (Requested by the Economic Development Corporation.) Attachment. Mr. Hernan Gonzalez indicated there is a typo on the bond documents conveyed; the amount should read $1,155,000.00; the City Attorney noted Commission action may reflect the change. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve Resolution 2012-56 authorizing all matters incident and related to the issuance and sale of the Economic Development Corporation of Weslaco Sales Tax Revenue Bonds Series 2012 in the amount of $1,155,000.00 and authorize the Mayor to execute any related documents, including the Financing/Use Agreement. The motion carried unanimously; Mayor Wise was present, but not voting.

F.

Discussion and consideration to approve an Election Order toward a Special Election to submit to the legally qualified voters of the City of Weslaco local option proposition(s) authorizing the use of Development Corporation Act of 1979 (Vernon’s Ann. Civ. Statute Article 5190.6, as amended) 4A ½ Sales Tax Monies for Section 4B authorized uses and authorize the Mayor and Commissioners to execute any related documents. Possible action. (Requested by Commissioners Tafolla and Rivera.) Attachment. The City Manager explained that the Development Corporation Act authorizes the application of sales tax revenue for economic development; however, only three of nine eligible activities were ever considered and approved for Weslaco. The remaining six by this action would be placed on the next ballot for consideration by the voters. Mr. Hernan Gonzalez commented that he cannot see the downside since this action would only expand and empower with more tools to the Economic Development Corporation and does not create a separate entity. The Mayor clarified that regardless of any action, the three original categories remain. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Tafolla, seconded by Commissioner Rivera, amended the motion to move to approve the item to be held at the next municipal election, not date certain. The motion carried unanimously; Mayor Wise was present, but not voting.

G.

Discussion and consideration to approve an Election Order toward a joint election with the Weslaco Independent School District during the General Election on

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November 6, 2012 pursuant to Texas Election Code Chapter 271 and authorize the Mayor and Commissioners to execute any related documents. Possible action. (Requested by Office of the City Secretary.) Attachment. The City Manager stated this action is subsequent to previous action by the Commission to move the municipal election from May to November; the City Secretary added this election would be for Single Member Districts Commissioners 1 and 4. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. H.

Discussion and consideration to approve an Election Order toward a Special Election with possible Home Rule Charter Referendum pursuant to Texas Election Code Chapter 271, and authorize the Mayor and Commissioners to execute any related documents. Possible action. (Requested by Office of the City Secretary.) Attachment. There was no action on this item; the Mayor noted that the Commission could add additional propositions to the ballot by August 20.

I.

Discussion and consideration to approve Ordinance 2012-17 establishing the candidate filing fee and hardship alternative for City of Weslaco municipal elections, and ordaining other matters with respect to the subject matter hereof. First Reading of Ordinance 2012-17. Possible action. (Requested by City Secretary’s Office.) Attachment. The Mayor Pro-Tem stated the intent of the fee is to establish the seriousness of the candidate and suggested rather than community service hours that the candidate file a petition with a minimum number of voters, like with county offices. The City Attorney noted the Commission may make the motion to include the petition option, to then be reflected on second reading of the ordinance. The Mayor stated that the City must give the candidate a non-monetary alternate means to file. There was no action on this item.

J.

Discussion and consideration to approve the final payment from Division 16 for the Water Treatment Plant Generator project for the amount not to exceed $37,291.15 and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager recommended approval of this final payment conditional on the completion of the final punch list and correction of any deficiencies. The City Attorney noted the City may also retain the full five-percent retainage on the entire contract. The City Manager stated the City will need to file a claim. There was no action on this item.

K.

Discussion and consideration to authorize pay application number 2 and final payment in the amount of $10,036.64 to Reyna Family Development for project

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Plaza Diez Quince and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. Commissioner Rivera, seconded by Commissioner Noriega, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. L.

Discussion and consideration to renew for an additional year or to issue requests for proposals for the following insurance policies: 1) Basic Life & Accidental Death & Dismemberment; 2) Commercial Insurance Package; and 3) Workers’ Compensation Coverage. Possible action. (There was no action on these policies July 17, 2012; Requested by Human Resources Department.) Attachment. The City Manager recommended the continuation of existing policies with Dearborn, Montalvo Insurance, and the Texas Municipal League. Commissioner Noriega clarified these were presented at the last meeting but at that time the Commission was informed these would expire in March or April of 2013. The City Attorney stated he was mistaken. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to renew the policies as presented for an additional year with current vendors. The motion carried unanimously; Mayor Wise was present, but not voting.

M.

Discussion and consideration of the City of Weslaco tax rate, take record vote and schedule public hearing for September 3, 2012. Possible action. (Requested by Finance Department.) Attachment. There was no action on this item.

N.

Discussion and consideration to approve Ordinance 2012-18 authorizing the permanent closure of East Sugarcane Drive between North Paseo del Norte and Joe Stephens Avenue. First reading of Ordinance 2012-18. Possible action. (This item was approved on January 18, 2011; Requested by Legal Department.) Attachment. The City Manager stated the City is in the process of expanding the runway from 5,000 to 6,000 feet; public hearings with the Texas Department of Transportation have been conducted and more are scheduled. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

VI.

CITY MANAGER’S REPORT A.

Report on Departmental Update, Financial Status, Upcoming Meetings, Media Reports, and Public Feedback. Attachment.

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The City Manager stated National Night Out is tonight, 6 – 9 p.m. He also recognized Ms. Martha Saenz, who retired from the Police Department after twentyfive years. Through a grant by the Forestry Service, the Fire Department received a brush unity; there were new records of participation in the Summer Reading Program at the Library and the Parks’ Gus and Goldie program added a fourth session this summer for the first time, evidence that some departments are doing more with less. He cautioned that the municipal court will issue warnings for debris in alleyways and will try to work with property owners for permission to demolish dilapidated structures. VII.

PUBLIC COMMENTS Mr. Rene Escalon, Sr., Mr. Mark Castro, Mr. Apollo Rocio, and Mr. Brady Scott each testified about Victory Outreach as a program that helps those with substance abuse; it already has locations in Harlingen and Mercedes and hopes to establish a location at a City facility in Weslaco.

VIII.

EXECUTIVE SESSION At 7:00 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 7:32 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 – Discussion with City Attorney regarding Case No. 7:09-CV0118, Claudio Lucio v. City of Weslaco pursuant to §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the settlement agreement as discussed in Executive Session. The motion carried unanimously; Mayor Wise was present, but not voting.

X.

ADJOURNMENT

With no other business before the Commission, at 7:35 p.m. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to adjourn the August 7, 2012 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 Minutes of the Regular City Commission Meeting August 7, 2012

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MAYOR PRO-TEM, J.F. “Johnny” Cuellar (absent) COMMISSIONER, Robert J. Garza

COMMISSIONER, Olga M. Noriega

COMMISSIONER, Gerardo “Jerry” Tafolla

COMMISSIONER, Lupe V. Rivera

COMMISSIONER, Joe A. Martinez

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ORDINANCE 2012-18 AN ORDINANCE CLOSING THE PUBLIC RIGHT OF WAY OVER A CERTAIN PORTION OF SUGAR CANE AVENUE FROM A POINT 724.9 FEET EAST OF THE INTERSECTION OF PASEO DEL NORTE AND NORTH BRIDGE AVENUE THEN EAST 1668.7 FEET TO THE INTERSECTION OF JOE STEPHENS AVENUE AND SUGAR CANE AVENUE; AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF. WHEREAS, that 40 foot x1668.7 foot portion of Sugar Cane Avenue lying 724.9 feet east of the intersection of North Bridge Avenue and Paseo Del Norte and the intersection of Joe Stephens Avenue and Sugar Cane Avenue has been dedicated as a public right of way easement; and WHEREAS, it is the opinion of the City Commission of Weslaco that it is in the best interest of the City of Weslaco to close the said 1668.7 foot portion of the right of way described above in order to expand the Weslaco Mid Valley Airport; NOW THEREFORE BE IT ORDAINED BY THE CITY OF WESLACO: SECTION 1: The public right of way easement held by the City of Weslaco on that 40 foot by 1668.7 foot portion of Sugar Cane Avenue lying 724.9 feet east of the intersection of North Bridge Avenue and Paseo Del Norte and the intersection of Sugar Cane Avenue and the Joe Stephens Avenue shall be closed as a public right of way easement. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 7th day of August, 2012. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 21st day of August, 2012. 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

Agenda Item No. (to be assigned by CSO): Date of Meeting: August 7, 2012 V. I. From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Discussion and consideration to approve Ordinance 2012-XX establishing the candidate filing fee and hardship alternative, and ordaining other matters with respect to the subject matter hereof. First Reading of Ordinance 2012-XX. Possible action. (Requested by City Secretary’s Office.) Attachment Discussion: As the City of Weslaco expends taxpayer funds and resources in conducting municipal elections, Chapter 143 §01c0435 of the Texas Election Code authorizes a municipality can prescribe the payment of a filing fee with alternative payment procedures to lessen the costs of elections. The filing fee shall be fixed by the Master Fee ordinance; as an alternative to the payment of a filing fee a person may provide sufficient proof of community dedication through 25-hours of volunteer service in the City of Weslaco for a time period of one-year preceding the filing of an application for a place on the ballot Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [X ] Ordinance – First Reading [X ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Ordinance 2012-XX Responsibilities upon Approval: After second reading, publication. Ordinance authorizes reimbursements of this filing fee in certain circumstances, such as should an election not be ordered.


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ORDINANCE NO. 2012-17 AN ORDINANCE ADOPTING PROVISIONS OF THE ELECTION CODE RELATED TO THE CONDUCTING OF GENERAL AND SPECIAL MUNICIPAL ELECTIONS; DEFINITIONS IMPLEMENTING FILING FEES AND ALTERNATIVE PROCEDURES; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR EFFECTIVE DATE, PROPER NOTICE OF MEETING, AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING WHEREAS the community has over the years urged that the image of the City of Weslaco and its citizenry be improved by focusing on problem solving and the diverse exchange of ideas; and WHEREAS in accordance with the Weslaco City Charter the enumeration of powers granted and authorized by the charter shall not be held or deemed exclusive but shall be in addition to the powers appropriate for the exercise necessary of local self government and shall all powers granted by law constitution and ordinance; and WHEREAS pursuant to Texas Local Government Code ยง05011 the City has authority to adopt ordinances that are for the good government, peace, or order of the municipality or for the trade and commerce of the municipality and that are necessary to carry out powers granted to the City; and WHEREAS pursuant to the Texas Constitution article XI ยง5 and Texas Local Government Code ยง05712 the City as a home-rule municipality has full power of local self government; and WHEREAS Chapter 143 ยง01c0435 of the Texas Election Code authorizes a municipality can prescribe the payment of a filing fee and alternative payment procedures; and WHEREAS state and county entities prescribe filing fees to lessen the costs of elections; and WHEREAS the City of Weslaco expends and utilizes large sums of taxpayer funds and resources in preparation for and in furtherance of the conducting of municipal elections; and WHEREAS implementation of fees for filing and administrative costs will lessen the obligations and relieve the community of costs, labor, and resources for any and all general and special municipal elections; and WHEREAS any qualified elector seeking elected office would be required and charged with duties requiring a firm commitment, devotion, loyalty, and presence during official gatherings; and WHEREAS as an alternative to the payment of a filing fee a person may provide sufficient proof of such community dedication through community service in the City of Weslaco for a time period preceding such application.


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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION 1 DEFINITIONS Words and phrases used in this Ordinance shall have the meanings set forth in this Section unless the context of their usage clearly requires otherwise. Words and phrases that are not defined below shall be given their common ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense and vice versa; words in the plural number shall include the singular number and vice versa; and words in the masculine gender shall include the feminine gender and vice versa. Headings and captions are for reference purposes only. Election shall mean and be defined herein as any general or special election that occurs regularly within the City of Weslaco or that occurs as a result of a failure to achieve a majority of the votes necessary in a general election (commonly referred to as a run-off) and a special election caused as a result of a petition that meets local and state requirements. This definition also incorporates by reference the meanings within the Texas Election Code and Texas Constitution. Person shall mean and be defined for the purposes of interpreting, implementing, and enforcing this ordinance as any qualified elector that timely submits an application for a place on the ballot for an election or who submits an instrument requesting or causing an election to occur. Weslaco City Commission shall mean and be defined for the purposes of interpreting, implementing, and enforcing this ordinance as the Mayor and/or any Commissioner. Qualified elector shall mean a qualified voter as defined by applicable statutory and constitutional provisions as may be amended from time to time. A qualified elector shall not include a person who is in default or delinquent to the City of Weslaco for any municipal funds owed at the time a timely application for a place on the ballot or instrument causing an election to occur is submitted or thereafter. SECTION 2 FEES AMOUNT, EXCEPTION, ALTERNATE PROCEDURE A. Effective the first day for filing an application for place on the ballot for the City’s 2012 General Election, prescribed July 21, 2012, there shall be charged a filing fee for any application to be submitted for each election to any place or position of the governing body also known as the Weslaco City Commission. The fee charged shall also be paid by any person or persons that cause an election to take place by virtue of submission of an instrument including but not limited to a petition as allowed by charter or applicable state or federal laws. A filing fee need not be paid if an election is caused as a result of the passage of any ordinance at the discretion of the governing body.


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B. The filing fee to be paid in accordance with subsection A of this ordinance shall be affixed by the Master Fee Schedule for each person that timely submits an application or instrument requesting or causing an election to occur. The fee shall be paid in full with sufficient funds attached to a timely application for a place on the ballot or other instrument causing an election to occur. C. The filing fee will be used by the municipality to offset the costs of conducting a general or special election including but not limited to the following: purchase or rental of voting machines, labor, goods, materials, professional and/or contracted services, promotion and advertising, postage, transportation, copying, legal fees, and education. D. The filing fee shall be reimbursable to each person that timely submits an application for a place on a ballot in which an election is not ordered by the Commission or to each person that timely submits an application for a place on a ballot and subsequently demonstrates evidence to satisfy the alternative to the payment of a filing fee no later than the last day to filing an application for a place on the same ballot. The filing fee is not reimbursable should the candidate subsequently withdraw from a place on the ballot nor is the fee transferable. E. As an alternative to the payment of a filing fee as required in subsections A and B of this ordinance a person shall attach to a timely application for a place on the ballot or other instrument causing an election to occur either of the following: 1. a sworn affidavit from an authorized representative of a legally formed 501c3 non profit organization located wholly or partly in the City of Weslaco that testifies to the following: a) legal name of the organization; b) declaration that the organization is currently a legally formed 501c3 non profit organization that has been located wholly or partly in the City of Weslaco for not less than an entire calendar year; c) identifies by name, address, and date of birth the person as having been authorized and approved to provide volunteer community service to the organization; and d) confirmation that the person performed not less than twenty-five (25) hours of community service to the organization without compensation during the calendar year immediately preceding the person’s submission of an application for a place on the ballot or other instrument causing an election to occur 2. a sworn affidavit from the Weslaco City Secretary or designee or minutes approved from the City of Weslaco evidencing that the person has performed not less than twenty-five (25) hours of service to the City of Weslaco by official means as an elected or appointed member of the governing body, board, committee, or commission or as a volunteer within certain departments without compensation during the calendar year immediately preceding the person’s submission of a timely application for a place on the ballot or other instrument causing an election to occur. SECTION 3 SAVINGS CLAUSE Except as hereby amended any provisions of the code of ordinances or directives of the City of Weslaco, Texas not in conflict with this Ordinance shall remain in full force and effect unimpaired hereby. SECTION 4 SEVERABILITY CLAUSE


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The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part thereof. The effects of this Ordinance shall at all times be in compliance with state federal local and other guidelines as directed. SECTION 5 EFFECTIVE DATE, PUBLICATION The Ordinance shall take effect and be in force from and after its passage and approval on two (2) separate readings in accordance with the Charter of the City of Weslaco, Texas. Publication if necessary may also be in caption form as allowed. SECTION 6 PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time place and purpose of said meeting was given as required by the Open Meetings Act Chapter 551 of the Texas Government Code. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this ____ day of ____________, 2012. PASSED AND APPROVED on second reading at a regular meeting of the City Commission ____ day of ____________, 2012. 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

Agenda Item No. (to be assigned by CSO): Date of Meeting August 7, 2012 V. J. From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director, Public Utilities Department Subject: Final Pay Request Discussion: Discussion and consideration to approve the final payment from Division 16 for the Water Treatment Plant Generator project for the amount not to exceed $37,291.15. 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”): Division 16 pay request and engineer payment approval. Responsibilities upon Approval: Upon approval, city secretary’s office will forward a copy to the Public Utilities department.


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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: August 21, 2012 II. A. and VI. A. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Oscar S. Reyes. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain a Wine and Beer Retailer’s Permit and a Retail Dealer’s On-Premise Late Hours License at 318 W. Pike Blvd., also being Lot 2, Block 1, Palm Plaza Shopping Center Subdivision Unit I, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain a Wine and Beer Retailer’s Permit and a Retail Dealer’s On-Premise Late Hours License. This location has already been in business for over two months and the applicant is seeking to extend hours of on premise wine and beer consumption until 2:00 a.m. 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 July 30, 2012. Three (3) property owners within 200 ft. of the applicant’s property were notified by letter on August 3, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 08/15/2012, recommends approval with the stipulation that one police officer be present from Monday through Sunday from 8:00 pm to 2:00 am. Staff Recommendation for Commission Action: Staff recommends approval with conditions set by Planning and Zoning Commission. 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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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: August 21, 2012 II. B. and VI. B. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Javier Pena. Subject: Discussion and consideration to amend Ordinance 320 and the City of Weslaco Zoning map to rezone 1629 Cypress Drive, also being Lots 1, 2 & 3, Westgate Village Mobile Home Subdivision, Weslaco, Hidalgo County, Texas, from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Discussion: The applicant is requesting to rezone this property from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District.” Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] 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 July 30, 2012. Nineteen (19) property owners within 200 ft. of the applicant’s property were notified by letter on August 3, 2012. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 08/15/2012, recommends approval. Staff recommendation for Commission Action: Staff recommends denial of rezone based on the Comprehensive Plan. 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. 2012-19

AN ORDINANCE AMENDING ZONING ORDINANCE NO. 320 AND AMENDING THE ZONING MAP OF THE CITY OF WESLACO TO CHANGE THE ZONING OF 1629 CYPRESS DRIVE, ALSO BEING LOTS 1, 2, & 3, WESTGATE VILLAGE MOBILE HOME SUBDIVISION, WESLACO, HIDALGO COUNTY, TEXAS, FROM “R-1 SINGLE FAMILY DWELLING DISTRICT” TO “B-1 NEIGHBORHOOD BUSINESS DISTRICT.” BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION I: To rezone from “R-1 Single Family Dwelling District” to “B-1 Neighborhood Business District,” Lots 1, 2, & 3, Westgate Village Mobile Home Subdivision, also being 1629 Cypress Drive, Weslaco, Hidalgo County, Texas. SECTION II: That this ordinance shall become effective upon its passage. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 21st day of ______________, 2012. August PASSED AND APPROVED on second reading at a regular meeting of the City Commission day of ______________, 2012. this ______________

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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Agenda Item No. (to be assigned by CSO): Date of Meeting: August 21, 2012 VI. C. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, City of Weslaco Health Official, on behalf of Noe and Maria Salazar. Subject: Discussion and consideration of the Final Plat of Buenos Aires Subdivision – being a 2.50 acre tract of land out of Lot 3, Block 99, Campacuas Addition, Llano Grande Grant, Hidalgo County, Texas. Discussion: At their regular meeting of August 15, 2012, the Planning and Zoning Commission approved the final plat and variance requests on sidewalks, streetlights and fire hydrants. The proposed one (1) lot subdivision is within Weslaco’s 2-Mile ETJ and is located on the west side of Mile 1½ West Road, approximately 907 feet south of Mile 12 North Road. This subdivision will be serviced with water by North Alamo Water Supply Corporation and sewer will be provided by septic tanks. The property is within Flood Zone “X”. The developer is requesting a variance on the required installation of fire hydrants, sidewalks and streetlights. 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, 08/15/2012, recommends approval of the final plat and all three (3) variance requests. Staff recommendation for Commission Action: Staff recommends approval of the final plat and denial of all variance requests. 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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ORDINANCE NO. 2012-20 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 200624, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 62-54; ESTABLISHING BRUSH RATES TO BE CHARGED FOR THE BRUSH COLLECTION SERVICE TO REFLECT ACCURATE COST OF SERVICE; ESTABLISHING THAT ALL BUSINESS, COMMERCIAL, INDUSTRIAL AND MOBILE HOME/RECREATIONAL INDUSTRIAL AND MOBILE HOME/RECREATIONAL VEHICLE PARKS SHALL BE RESPONSIBLE FOR DISPOSING OF THEIR OWN BRUSH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SECTION I: BE IT ORDAINED BY THE CITY OF WESLACO, TEXAS. Section 1 of Ordinance 2006-24, passed and approved on August 1, 2006 and codified in the Weslaco Code of Ordinances as Section 62-54 is hereby amended to establish new rates to be charged for the brush pick-up service so that after second and final reading of this Ordinance Section 62-54 will read as follows: Sec. 62-54. Brush Rates. (a) The brush rates hereby established for funding the brush collection services shall be applicable for all customers within the city limits, except for those customers included in part (b) of this section, shall be based on the lot frontage of the property served by the customer’s water meter, payable monthly and included in the customer’s utility bill. Such monthly rates shall be set as follows: Lot Frontage (in feet)

Charge

0 to 60……………………………......$11.04 60 to 90………………………………$14.18 90 and above…………………………$16.75 (b) Licensed business, commercial, industrial and mobile home/recreational vehicle park customers, serviced by a master water meter, shall collect, transport and deliver their brush at an appropriate licensed collection site. If they do not have the equipment to haul their brush, they should contract with a responsible third party for these services. SECTION II: In the event any part of this ordinance is declared invalid, such invalidity shall not apply to the other parts as they are hereby severally established. SECTION III: This ordinance shall be in full force after the second and final reading of this ordinance.


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PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 21st day of August, 2012. PASSED AND APPROVED on second reading at a special meeting of the City Commission this 4th day of September, 2012.

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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ORDINANCE NO. 2012-21 AN ORDINANCE AMENDING SECTION 12 OF ORDINANCE 397 CODIFIED AS SECTION 62-51 IN THE WESLACO CODE OF ORDINANCES TO FIX NEW RESIDENTIAL, COMMERCIAL AND INDUSTRIAL MUNICIPAL SOLID WASTE RATES; REQUIRING COMMERCIAL CONTAINERS IN SOME INSTANCES; FIXING A RATE TO BE CHARGED FOR COMMERCIAL CONTAINER SOLID WASTE COLLECTION; AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF. BE IT ORDAINED BY THE CITY OF WESLACO: Section I. Section 12 of Ordinance 397, passed and approved on the 7th day of September 1965 and codified as Section 62-51 in the Weslaco Code of Ordinances is hereby amended to establish new rates for municipal solid waste collection within the City of Weslaco so that after second and final reading of this Ordinance Section 62-51 shall read as follows:

ARTICLE II. CHARGES FOR COLLECTION* Sec. 62-51. Charge for removal. It is the express intent and purpose of this chapter to fairly, reasonably, and equitably apportion the costs of the collection and removal of municipal solid waste within the city limits. In computing the charge made to any residence, duplex, triplex, apartment house, tenement house, or trailer court as unit, all apartments, tenements or trailers therein shall be deemed to be occupied unless the water meter serving the building is disconnected. In all cases, if a water meter is in service the house and all apartments or units served by that meter shall be deemed to be occupied. RESIDENTIAL The rate for residential municipal solid waste collection shall be fifteen dollars and five cents ($15.81) per container, per month, If a residential lot has more than one (1) family dwelling unit located thereon, other than in apartments, the above basic rate shall apply, plus a minimum of two dollars and ninety-three cents ($2.93) per month for each additional family dwelling unit thereon. APARTMENT HOUSES The rate for apartments, where all apartments are on one (1) water meter shall be the same as the applicable residence rate, plus a minimum of two dollars and ninety-three cents ($2.93) per month for each apartment unit in excess of one (1), whether or not all of such units are rented.


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Where apartments have separate water meters the rate shall be a minimum of four dollars and ninety-nine cents ($4.99) per month for each apartment or unit in excess of one (1), plus the applicable residential rate. TRAILERS OR MOBILE HOME UNITS The minimum charge for trailers or mobile home units shall be two dollars and five cents ($2.05) for each available space provided. ROOMING HOUSES The basic residence rate shall apply to rooming houses, If’ kitchen facilities are made available to the individual rooms in the rooming house, an additional two dollars and ninety-three cents ($2.93) per month shall be charged for each room having a kitchen facility in said room. BUSINESS, COMMERCIAL AND INDUSTRIAL (a) No business, commercial or industrial account shall be permitted to utilize more than six (6) containers, as defined in Section 62-6, regardless of the number of municipal solid waste pickups per week. Should six (6) standard containers be insufficient to accommodate the volume of trash generated by such account, such account shall be required to utilize a commercial container for solid waste collection, such commercial container to be supplied by the city, the size of such container being dependent upon the volume of solid waste generated, and the rates for commercial container pickups to be as hereinafter provided. (b) For those commercial, industrial and business accounts whose volume of solid waste can be accommodated by not more than six (6) standard containers, the rate shall be fifteen dollars and eighty-one cents ($15.81) per container per month with 2 pickups per week, or as follows: Number of Pickups Per Week 2 3 4 5 6

Monthly Rate $15.81 $47.43 $79.05 $110.67 $158.10

(c) For those business, commercial or industrial accounts required hereby to utilize a commercial container, the following rate schedule shall apply. Volume of Container (Cubic yards) 1 2 71.45

2 139.72

Number of Pickups Per Week 3 4 204.75 267.00

5 330.63

6 394.25


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82.57 94.76 138.47 162.84

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151.34 181.92 252.60 298.24

220.17 268.38 332.01 375.36

288.96 353.10 435.76 517.37

357.74 439.91 539.50 640.51

426.56 526.72 641.88 763.61

30 Cubic yard will be charged $162.64 per haul plus $32.29 per ton for disposal plus $4.90 per day rental. The daily rental fee will be waived if hauled at least twice per month. The monthly charge or rate for the collection and removal of solid waste, trash and rubbish, and recyclables by the City of Weslaco from school districts shall be based on the business, commercial and industrial rates as prescribed. Section II. Except as heretofore and herein amended, the remaining provisions of Section 62-51 shall apply with full force and effect. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 21st day of August, 2012. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this ____ day of ___________, 2012. 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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ORDINANCE NO. 2012-22 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 77-16, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 138.58 “WATER RATES PRESCRIBED” AND AMENDING SECTION 1 OF ORDINANCE 67-10, CODIFIED IN THE WESLACO CODE OF ORDINANCES AS SECTION 138.59 “SEWER RATES PRESCRIBED;” BY PROVIDING FOR A NEW SCHEDULE OF RATES TO BE CHARGED FOR TREATED WATER DELIVERED THROUGH THE SYSTEM OF THE WATER DEPARTMENT OF THE CITY OF WESLACO; AND PROVIDING FOR A NEW SCHEDULE OF RATES TO BE CHARGED FOR THE USE OF WASTEWATER TREATMENT FACILITIES OF THE CITY OF WESLACO; AND PROVIDING FOR AN EFFECTIVE DATE AFTER THE SECOND PUBLICATION OF THIS ORDINANCE, AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF. SECTION 1. BE IT ORDAINED BY THE CITY OF WESLACO, TEXAS, to amend Section I of Ordinance No. 77-16, adopted on August 16, 1977, and Codified in the Weslaco Code of Ordinances as Section 138.58 and entitled “Water Rates Prescribed”, to adopt a new schedule of rates to be charged for treated water delivered through the system of the water department of the City of Weslaco so that after Second and Final Reading of this Ordinance, Weslaco Code of Ordinances Section 138.58, will read as follows: ARTICLE II. SERVICE CHARGES Sec. 138.58. Water rates prescribed. There are hereby established the following schedules of rates to be charged for treated water delivered through the system of the water department of the city: Schedule A. Residential Inside City Limits. (1) Minimum monthly bill, residential master meter (not including water)...…. $16.08 Minimum monthly bill, residential master meter (includes 2,000 gallons of water) if applied for by resident over 65, disabled, or veteran…..$10.71 Minimum monthly bill, second meter (solely for sprinkler system not including water)……………………………………………..……$8.36 (2)

Charge per each 1,000 gallons or portion thereof…………….………………$2.79

(3)

Charge per each 1,000 gallons or portion thereof (sprinkler meters only)…...$2.79

Schedule B. Residential Outside City Limits. (1) Minimum monthly bill……………………………………..…………....…. $24.12 (2)

Charge per each 1,000 gallons or portion thereof……………………….……$4.19


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Charge per each 1,000 gallons or portion thereof (sprinkler meters only)…..$4.19

Schedule C. Commercial and Multi-Family Users. (1) Minimum monthly bill: 0 to 15,000 gallons…………………………………………………………. $16.12 15,001 to 35,000 gallons…………………………………………………… $33.32 35,000 gallons and over……………………………………………………. $49.97 (2)

Charges per each 1,000 gallons or portion thereof: 0 to 15,000…………………………………………………………………....$2.79 15,001 gallons and over……………………………………………………... $3.11

Schedule D. Tapping Fees. The following charges shall be made as tapping fees for making connections for the use of any water user (deposit and permit fees are not included): Meter Size 5/8” 1” 1 ½” 2” 3” 4”

Inside City $348.10 $514.22 $890.82 $3,286.06 $4,612.93 $6,936.71

Outside City $522.15 $771.32 $1,336.23 $4,929.09 $6,919.39 $10,405.06

For all other size taps, the tapping charge shall be based upon the current cost of the meter, required materials, and labor therefore. In cases where the developer has installed their own water lines, tapping saddles, corp. stop, tubing and angle stop up to the ground surface, the fees for a 5/8” meter will be $232.07 for a connection inside the city limits and $348.10 for a connection outside the city limits. Schedule E. Sprinkler Fees There shall be no additional charge per month in addition to the other charges listed in this section, for accounts with a fire protection sprinkler system. SECTION II. BE IT FURTHER ORDAINED BY THE CITY OF WESLACO, TEXAS, to amend Section I of Ordinance No. 67-10, adopted on June 27, 1967, and codified in the Weslaco Code of Ordinances as Section 138.59 and entitled “Sewer Rates Prescribed”, so that after Second and Final Reading of this ordinance, Weslaco Code of Ordinances Section 138.59 will read as follows: ARTICLE II. SERVICE CHARGES Sec. 138.59. Wastewater rates prescribed.


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The following rates shall be charged for use of the wastewater treatment facilities of the City of Weslaco, including storm sewer lines if used for the purpose of disposing waste or cooling water. The rates hereby established shall be applicable to all classes of customers using the city sanitary sewer system, except for industrial customers who will continue to be charged under the provisions of the industrial waste ordinance of the City of Weslaco, Ordinance No. 7616, as amended: (1) Minimum Charge: The minimum monthly charge for all classes of customers using the City of Weslaco wastewater treatment facilities shall be sixteen dollars and thirtyeight cents ($16.38) per month. The monthly base rate will be ten dollars and ninetythree cents ($10.93) if applied for by a resident over 65 years of age, disabled, or a veteran. (2) Additional Charges for single-family residential users. In addition to the minimum charge listed above, a charge of one dollar and eighty-eight cents ($1.88) will be made for each one thousand (1,000) gallons of water used, or portion thereof. SECTION III: All other provisions of Chapter 138, Article II, Section 138.58, and Section 138.59, and Ordinance 77-16, and Ordinance 67-10 shall remain in effect and are not being amended by this Ordinance. SECTION IV: These amendments to Chapter 138, Article II, Section 138.58, and Section 138.59, shall be in effect after Second and Final Reading of this Ordinance. PASSED AND APPROVED on first reading at regular meeting of the City Commission this 21st day of August, 2012. PASSED AND APPROVED on second and final reading at regular meeting of the City Commission this ___ day of _______________, 2012.

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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ORDINANCE NO. 2011-05 AN ORDINANCE AMENDING ORDINANCE NO. 2009-18 TO CHANGE THE CITY COMMISSION REGULAR AND SPECIAL MEETING TIMES FROM 6:00 P.M. TO 5:30 P.M.; TO PROVIDE FOR THE POSTING OF AGENDAS IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF. BE IT ORDAINED BY THE CITY COMMISSION THAT: Ordinance No. 2009-18, passed and approved by the Weslaco City Commission on June 16, 2009 is hereby amended to change the regular and special meeting times of the Weslaco City Commission to 5:30 p.m. so that after second and final reading said Ordinance shall read as follows: A.

AGENDA PREPARATION. 1.

The City Commission of the City of Weslaco shall meet on the first and third Tuesday of the month and shall, upon establishing a quorum, conduct the business of the City as may be legally posted in accordance to the Texas Open Meetings Act. The City Commission shall meet at the Weslaco City Hall located at 255 S. Kansas at 5:30 p.m. or at any other time and place as may be legally posted.

2.

The City Commission shall conduct business at the meeting in accordance to “Roberts Rule of Order” and shall deliberate all items in public as a whole body in accordance with the Texas Open Meetings Act.

3.

The business of the day shall be set by a legally posted agenda such agenda having been prepared under the direction of the City Manager and posted by the City Secretary. The Mayor, any two (2) City Commissioners or the City Manager may submit agenda items for consideration by the City Commission. The agenda shall be posted in compliance with The Texas Open Meetings Act.

4.

Special meetings may be held after being legally posted and may be called by the Mayor, any two (2) City Commissioners, or the City Manager. Special meetings shall be held when the business of the City is such that it can not wait for a regular meeting.

5.

All ordinances, agreements, contracts, resolutions and other legal documents approved by the City Commission in a legally posted meeting shall be executed by the Mayor or Mayor Pro-Tem in the absence of the Mayor.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 7th day of June, 2011.


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PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 21st day of June, 2011. CITY OF WESLACO ____________________________ /s/ Miguel D. Wise MAYOR ATTEST: __________________________________ /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________ /s/ Ramon Vela, CITY ATTORNEY


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City of Weslaco 

      “ The City on the Grow”

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Miguel D Wise, Mayor John F. Cuellar, Mayor Pro-Tem, District 2 Robert J. Garza, Commissioner, District 1 Olga Noriega, Commissioner, District 3 Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5 Joe A. Martinez, Commissioner, District 6 Leonardo Olivares, City Manager

City Manager’s Report 21 August 2012 Departmental Update  Public Utilities o The Department in cooperation with Allied Waste will be conducting its quarterly Clean Sweep Project on October 29, 2012 beginning with the Northwest Quadrant which includes the area of Expressway Heights.  Police o The Department held its annual National Night Out on August 7, 2012 with the help of nine sponsors and 500-800 attending. Nine law enforcement agencies and 20 local businesses participated.  Parks o The Weslaco City Pool and the Gibson Pool have concluded their summer hours for the public effective August 11, 2012. The Parks Department will continue to schedule parties until August 26, 2012. o Registration continues for both the Youth Football League and the Youth Soccer League until the end of August. o Construction has begun on the La Placita Park Restrooms through the Urban County Program. Construction is being done by Alpha Construction and is expected to be completed by mid-September.  City Secretary o The deadline for candidates to file for a place on the ballot and to call for an election to be ordered including propositions was 5:00 PM on August 20, 2012. o Drawing for candidates place on the election ballot will be held August 22.  Information Technology o The Department has updated the Weslaco Social Media stats with Facebook having 404 Likes; Twitter having 484 Followers and with 5, 282 Views on YouTube.  Human Resources o The Department will be conducting the following examinations: Entry Level Firefighter on Friday, September 14, 2012, Promotional Fire Lieutenant Exam on Thursday, August 16, 2012, Entry Level Police Exam on Friday, September 28, 2012 and Promotional Fire Captain Exam on Friday, August 17, 2012. 255 S. KANSAS AVE ■ WESLACO, TEXAS 78596-6285 ■ 956-968-3181 ■ WWW.WESLACOTX.GOV


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City Manager’s Report Page 2 of 2

o Enrollment Sessions for Employee Group Medical Health Insurance will begin Monday, August 27, 2012. o After 21 years of service, Mr. Juan Vicente Reyes will be retiring at the end of August from Public Facilities Department. 

Texas Department of Transportation o The biennial inspection of the off-system bridges within the City has been completed as required by the National Bridge Inspection Standards. Currently all of the City’s bridges are in compliance. o However, the bridge located at Mile 4 ½ West Road might be a concern for next year since the rating on its concrete substructure and channel are just above what is considered to require maintenance. Should the bridge not comply next year it will be the responsibility of the City to perform the necessary repairs.

 Upcoming Meetings & Events o Collective Bargaining Agreements negotiations continue with the Police and Fire Unions. o Third Technical Working Group Meeting- LRGVDC/Tamaulipas Master Plan (August 2223) o Rio Grande Valley Hurricane Evacuation Study Kickoff Meeting (August 29) o Labor Day (September 3)  Media/Public Feedback o Investigation Continues into Bones Found at Weslaco Cemetery (KRGV Channel 5 12/08/07) http://www.krgv.com/news/investigation‐continues‐into‐bones‐found‐at‐weslaco‐ cemetery/  o Weslaco Seeks to Correct Problems at Cemetery (KRGV Channel 5 12/08/07)    http://www.krgv.com/news/weslaco‐seeks‐to‐correct‐problems‐at‐cemetery/  o Weslaco Leaders Consider Candidate Filing Requirements (The Monitor 12-08-11) http://www.themonitor.com/news/weslaco‐62954‐consider‐filing.html  Attachments o Clean Sweep Memo


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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: August 21, 2012 VII. C. From (E. Rey Garcia, IT & Social Media Director; Information Technology Dept.) Subject: Tyler Technologies, Inc. (Incode) will introduce themselves to the Weslaco City Commission. 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: None Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None Responsibilities upon Approval: None


12-08-21 agenda supplements