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Weslaco City Commission Regular Meeting

Page 1 September 5, 2012

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 5, 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 David McCann from First Presbyterian Church. 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.


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

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

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

STATEMENT OF VISION: AN INTERNATIONAL CENTER OF GROWTH Friendly people with vision, courage and integrity

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE *Positive Attitude of Courtesy & Concern *Doing it Right the First Time *Sensitive to the citizens’ needs *Friendly Respect for All *Service without Hassle


Weslaco City Commission Regular Meeting

Page 3 September 5, 2012

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 05, 2012 II. A. From (name, title, department and who submitting on behalf of, if any): Gloria Givilancz, Assistant Finance Director. Finance Department Subject: Public Hearing for Ad Valorem Tax Rate Discussion: Public Hearing as required by pursuant to Section 26.05(d) of the Texas Tax Code. Tax Rate of .6967 remains the same as last year. However, there will be an increase in ad valorem tax revenues. Additional Action Prompted: [ ] Mayor’s Signature [X] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Published Notice of Public Hearing August 27, 2012 in Mid-Valley Town Crier Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: .No action from Commission required. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: .


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Title 1. Property Tax Code Subtitle D. Appraisal and Assessment Chapter 26. Assessment Sec. 26.05. Tax Rate. Section 26.05(d) -- requiring public notice and hearing of intended property tax increases by political subdivisions -- is constitutional. Article VIII, Section 21, is a limitation on the Texas Legislature's full power to levy and to authorize the levy of property taxes as well as a limitation on the taxing authority of political subdivisions. While the Constitution limits the Legislature's power, it does not prohibit the Legislature from enacting laws that provide additional limitations on the power to tax. Tax Code Section 26.05(d) limits local taxation power and requires public notices and a public hearing by a political subdivision regardless of whether the increase includes new improvements or new territory. The Tax Code section requires public notices and hearings in more cases than the Constitution would. Op. Tex. Att'y Gen. No. JC-0009 (1999). In the absence of any protest from taxpayers, taxpayers are deemed to have voluntarily paid a maintenance and operations school tax rate above the rate set by the electorate and are not entitled to a refund. A mistake in law does not excuse a taxpayer from the consequences of voluntary payment of taxes. Unless taxpayers protest under Section 31.115, that is payment of tax under protest, taxpayers are presumed to have paid the taxes voluntarily. Letter Op. Tex. Att'y Gen. No. DM-98-050 (1998). The county commissioners court must hold its meetings in the county courthouse as required by Sec. 81.005(c), Local Government Code. Op. Tex. Att'y Gen. No. JM-871 (1988). Rollback elections are constitutional for hospital districts because the constitution confers the authority to provide for hospital district taxation on the legislature and not directly on the hospital district; Sec. 26.07 does not unconstitutionally suspend Sec. 26.05, which authorizes the setting of a tax rate. Op. Tex. Att'y Gen. No. JM-859 (1988). School tax rate rollback elections are constitutional because the constitution gives the legislature the authority to pass laws for the assessment and collection of property taxes for school districts; the legislature may delegate to voters the authority to place a one-year limitation on the tax rate adopted. Op. Tex. Att'y Gen. No. JM-835 (1987).

http://www.window.state.tx.us/taxinfo/proptax/tc06/ch26b.htm#26.05


Weslaco City Commission Regular Meeting

Page 5 September 5, 2012

A REGULAR MEETING OF THE WESLACO CITY COMMISSION AUGUST 21, 2012 On this 21st 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; 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 17, 2012.

B.

Invocation. Pastor Yorelis Terin from the El Shadai International Christian Center 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. Commissioner Noriega moved to take Public Comments from its posted sequence for immediate consideration; motion failed from lack of a second.

II.

PUBLIC HEARINGS A.

To solicit input on behalf of Oscar S. Reyes 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


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Center Subdivision Unit I, Weslaco, Hidalgo County, Texas. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to open the public hearing for items II A. and B. concurrently. The motion carried unanimously; Mayor Wise was present, but not voting. The City Manager stated this hearing had been published and notice served to neighboring property owners; the Planning & Zoning Commission recommended approval. The applicant explained the name of his establishment is 10-42, which is law enforcement code for “off-duty”, as that is his target audience. Commissioner Noriega stated she visited the facility and with the significant presence of officers, the criminal element would not want to even enter. Commissioners Tafolla and Rivera stated they received phone calls from neighboring businesses concerned about possible repeats of past incidents under former management, including a homicide. B.

To solicit input on behalf of Javier Pena 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.” There were no comments received. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to close the public hearing for items II A. and B. The motion carried unanimously; Mayor Wise was present, but not voting.

III.

STATUS REPORTS AND VISITORS WITH BUSINESS A.

Hernan Gonzalez, Executive Director of the Economic Development Corporation of Weslaco (EDC), regarding monthly economic development activities. Attachment. Mr. Gonzalez presented a year-end review, highlighting milestones including the completion of the Business, Visitor, and Event Center on-time and on-budget, the grand opening of the Texas Department of Public Safety complex, the addition of JCPenny’s, Lowe’s, Petco, Feldman’s and Chuck E. Cheese under construction; various façade and other improvements to the downtown tax roll; improvements at the Airport; and contribution to the Valley Nature Center facility construction.

B.

Martha Noell, President/CEO of the Weslaco Area Chamber of Commerce, regarding monthly chamber activities. Attachment. Ms. Noell presented a report on July activities, including advertising initiatives to promote meeting and event facilities and appeal to the film industry. The deadline for the next Mid Valley Leadership Academy is September 21; beautification and ribbon cuttings continue.

IV.

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


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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 August 7, 2012; (Requested by City Secretary’s Office.) Attachment.

B.

Approval on Second Reading of Ordinance 2012-18 authorizing the permanent closure of East Sugarcane Drive between North Paseo del Norte and Joe Stephens Avenue. (First Reading held August 7, 2012; Requested by Legal Department.) Attachment. Commissioner Noriega requested item IV. C. be withheld for discussion. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve items IV. A. and B. of the consent agenda as presented. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, the Ordinance reads as follows: 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. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

V.

OLD BUSINESS A.

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. (There was no action on this item August 7,


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2012; Requested by City Secretary’s Office.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve Ordinance 2012-17 identifying as alternatives to the candidate filing fee either 50 hours of community service or 50 signatures by petition to be verified and approved by the City Manager and City Secretary prior to the filing deadline. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, each then amended the motion to separately require 250 signatures by petition for the candidacy of Mayor or at-large office. Commissioner Noriega stated she opposed the filing fee, stating it constitutes a poll tax; Mayor Pro-Tem Cuellar noted the Commission unanimously approved the Master Fee Schedule, including identification of this fee, on two previous occasions. Commissioner Tafolla stated he believes it is not a burden, but an alternative to it. The Mayor Pro-Tem, seconded by Commissioner Rivera, called to question the motion; Commissioner Noriega opposed the call to question. The Mayor clarified the filing fee constitutes a one-time fee and does not apply to a run-off election. The motion to approve Ordinance 2012-17 with changes as noted carried with Commissioner Noriega opposed (4-1); Mayor Wise was present, but not voting. B.

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. (There was no action on this item August 7, 2012; Requested by Public Utilities Department.) Attachment. There was no action on this item.

C.

Discussion and consideration of the City of Weslaco ad valorem property tax rate, take record vote and schedule public hearing if necessary during the next regularly scheduled Commission meeting. Possible action. (There was no action on this item August 7, 2012; Requested by Finance Department.) Attachment. The City Manager stated numbers had not been ready by last meeting from the Appraisal District; however, after reviewing the tax roll as presented, he recommends maintaining the current ad valorem property tax rate as it is competitive and as the City will propose an increase in utility rates. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented with the current tax rate of $0.6967/$1,000.00 valuation. The motion carried unanimously; Mayor Wise was present, but not voting.

VI.

NEW BUSINESS


Weslaco City Commission Regular Meeting

IV.

C.

Page 9 September 5, 2012

Acceptance of a $3,700.00 donation from Republic Services, Inc. for baseball park improvements and authorization of a budget amendment as appropriate. (Requested by Finance Department.) Attachment. Withheld from Consent Agenda, Commissioner Noriega stated she felt uncomfortable accepting the donation due to the timing, as only three days later Republic Services, Inc. sent a letter requesting a contract extension. The City Manager assured there was no impropriety as Commissioner Rivera had been working for months to secure donations from the private sector for parks improvements. The City Attorney concurred that the action is not a conflict so long as the donation is not contingent on the contract. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to accept the donation as presented. The motion carried with Commissioner Noriega opposed (41); Mayor Wise was present, but not voting.

A.

Discussion and consideration after public hearing on behalf of applicant Oscar S. Reyes 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. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. The City Manager referenced discussion from the Public Hearing, noting again that the Planning & Zoning Commission recommends approval with a peace officer present during late hours of operation. Commissioner Martinez, seconded by Commissioner Noriega, moved to approve the item as presented. The motion failed with Mayor Pro-Tem Cuellar and Commissioners Tafolla and Rivera opposed (2-3); Mayor Wise was present, but not voting.

B.

Discussion and consideration after public hearing on behalf of Javier Pena to approve Ordinance 2012-19 amending 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.” First Reading of Ordinance 2012-19. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. The City Manager stated that Planning & Zoning Commission recommended approval, though staff denied the rezone because it must enforce existing ordinances and the Comprehensive Plan. Commissioner Tafolla stated that it is a good development going forward on Westgate; the Mayor stated an exception to the Comprehensive Plan is act of spot zoning. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioners Noriega and Martinez opposed; the motion failed when Mayor Wise cast a vote opposed (3-3).


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The City Attorney noted that a three-fourths vote on this item is not necessary as the Planning & Zoning Commission recommended the item and no petition was received. C.

Discussion and consideration on behalf of Noe and Maria Salazar to approve 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 and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. The City Manager stated staff recommends approval without the variances as requested. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item without the requested variances. The motion carried unanimously; Mayor Wise was present, but not voting.

D.

Discussion and consideration to approve Ordinance 2012-20 amending Ordinance 2011-28, 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/recreation industrial and mobile home/recreational vehicle parks shall be responsible for disposing of their own brush, and other matters as ordained. First reading of Ordinance 2012-20. Possible action. (Requested by Public Utilities Department.) Attachment. There was no action on this item.

E.

Discussion and consideration to approve Ordinance 2012-21 amending §12 of Ordinance No. 397 to fix new residential, commercial, and industrial solid waste rates, requiring commercial containers in some instances, fixing a rate to be charged for commercial containers, and ordaining other matters with respect to the subject matter hereof. First reading of Ordinance 2012-21. Possible action. (Requested by Public Utilities Department.) Attachment. There was no action on this item.

F.

Discussion and consideration to approve Ordinance 2012-22 amending §1 of Ordinance 77-16 and §1 of Ordinance 67-10 by providing for a new schedule of rates to be charged for treated water delivered through the system of the Public Utilities Department of the City of Weslaco and providing for a new schedule of rates to be charged for the use of wastewater treatment facility of the City of Weslaco, and ordaining other matters with respect to the subject matter hereof. First reading of Ordinance 2012-22. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated the proposed increase of 18% to the water rate and 15% to the waste water rate is to pay the $9.8 million due on the bond next year for the new treatment plant, critical for the community because without it “Weslaco is closed for


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business.” The Mayor Pro-Tem stated this issue has been discussed for the past two and a half years. Commissioner Noriega stated this was the reason for her repeated concerns about transfers from the water fund; the City Manager stated he is committed to preserving the utility department and protecting the fund balance. The Mayor observed it appears by evaluating the rate structure that the cost is borne by the residents disproportionately to commercial sector and requested a meeting with Public Utilities and the Economic Development Corporation to evaluate the impact of the proposed rates. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. G.

Discussion and consideration to cancel and reschedule the next regular meeting of the Weslaco City Commission from Tuesday, September 4, 2012 to Wednesday, September 5, 2012 in accordance with Ordinance 2011-05. Possible action. (Requested by City Manager’s Office.) Attachment. The City Manager stated the charter require the Commission meet at least once per month. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

VII.

CITY MANAGER’S REPORT A.

Report on Departmental Update, Financial Status, Upcoming Meetings, Media Reports, and Public Feedback. Attachment. The City Manager noted the upcoming Clean Sweep program, and the ongoing enrollment of youth football and soccer leagues. He thanked the Police Department for the National Night Out festivities and shared that five candidates had filed for Districts one and four by the filing deadline. He also shared that the City and the Texas Department of Transportation are monitoring bridges.

B.

Report on the Weslaco Housing Authority Audit for Fiscal Year End 2011. Attachment. The annual audit for the Weslaco Housing Authority is available for inspection,

C.

Introduction of Tyler Technologies, Inc. (Incode). Attachment. Ms. Robin Reeves and Chip Lambert, on behalf of Tyler Technologies, the city’s software provider since 1995, thanked the Commission for use of the legislative chambers the next day for a regional training of their clients.


Weslaco City Commission Regular Meeting

VIII.

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PUBLIC COMMENTS There were no comments received.

IX.

EXECUTIVE SESSION At 7:21 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:05 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

X.

POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION A.

Pending Litigation – Discussion with City Attorney regarding Civil Action No. 7:12CV-00256, Jesus George Stillman, Plaintiff v. City of Weslaco, Texas, Albert Ponce and Weslaco Police Chief Michael Kelley, Defendant pursuant to §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to authorize the City Attorney to file an answer in response to Civil Action No. 7:12-CV-00256, Jesus George Stillman, Plaintiff v. City of Weslaco, Texas, Albert Ponce and Weslaco Police Chief Michael Kelley, Defendant. The motion carried unanimously; Mayor Wise was present, but not voting.

B.

Pending Litigation – Discussion with City Attorney regarding Cause No. C-2360-12H, Bernard Rodriguez, Martin Martinez, Priscilla Montano, Eddie Anzaldua, Gregorio Hinojosa, Jr., Esteban Estrada, Yvonne Rodriguez, Ruben Mata, Griselda Jimenez, Olga Grein, Irene Ochoa, and Griselda “Cris” Martinez, Plaintiffs v. The City of Weslaco, Defendant pursuant to §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to authorize the City Attorney to file an answer in response to Cause No. C-2360-12-H, Bernard Rodriguez, Martin Martinez, Priscilla Montano, Eddie Anzaldua, Gregorio Hinojosa, Jr., Esteban Estrada, Yvonne Rodriguez, Ruben Mata, Griselda Jimenez, Olga Grein, Irene Ochoa, and Griselda “Cris” Martinez, Plaintiffs v. The City of Weslaco, Defendant. The motion carried unanimously; Mayor Wise was present, but not voting.

C.

D.

Economic Development – Discussion with City Manager and the Executive Director of The Economic Development Corporation of Weslaco regarding an economic development project including the renaming of a local street for a national Hispanic figure as authorized by §551.087 of The Texas Local Government Code. (Requested by the Mayor.) Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to authorize the renaming of a street for a prominent figure who received the medal of freedom award as discussed in executive session. The motion carried unanimously; Mayor Wise was present, but not voting. Personnel – Discussion with the City Manager regarding the appointment of the City


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Marshal/Chief of Police for the City of Weslaco as authorized by §551.074 of the Texas Government Code. There was no action on this item. XI.

ADJOURNMENT

With no other business before the Commission, at 8:05 p.m. Commissioner Martinez, seconded by Commissioner Tafolla, moved to adjourn the August 21, 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

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 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 fifty (50) hours of community service, if he/she is seeking office as a City Commissioner 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 submit a petition, prepared by the City Secretary, signed by at least 50 qualified voters of the District that person resides in; e) confirmation that the person performed not less than fifty (50) hours of community service, if he/she is seeking the office of Mayor or submit a petition, prepared by the City Secretary, signed by at least 250 qualified voters of the City of Weslaco; f) the City Secretary and City Manger shall verify the hours of service; 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 fifty (50) or 250 hours of service, whichever is applicable, 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.


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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 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 21st day of August, 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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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 twenty-four cents ($16.24) per month. The monthly base rate will be ten dollars and eighty-three cents ($10.83) 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-six cents ($1.86) 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 5th 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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Standardized Agenda Request Form

Date of Meeting: September 5, 2012

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

From (name, title, department and who submitting on behalf of, if any): Michael Kelley, Interim Chief of Police, Weslaco Police Department Subject: Discussion and consideration for approval to utilize Federal Equitable Sharing funds for the amount of $2430.00 to pay transfer of property. Discussion: Request approval from City Commission to utilize Federal Equitable Sharing funds to pay for one (1) 2006 Chrysler 300 Sedan Vin#2C3KA43R36H278360 and one (1) 200 Ford Mustang Coupe Vin# 1FAFP42X5YF174524 awarded to the City of Weslaco Police Department. 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: Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Staff recommends approval Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): n/a Responsibilities upon Approval: none


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

character X X

public officer

age

residency

citizenship X X

X X X adult

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

taxpayer/property owner X

X

qualified voter X

X

management experience

no litigation X

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

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

meeting schedule term limits

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

# quorum 4 4

Defined Duties deisgnated final authority

Member Qualifications

governing statutes

subject interest

City of Weslaco Boards and Committees

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

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MEMBERS FIRST NAME Juan Richard Rolando G Daniel Erasmo Julian Anabell C

LAST NAME Jimenez Hinojosa Robles Jr Moreno Saenz Flores III Cardona

TERM EXPIRES 09/01/12 09/01/12 09/05/12 09/19/12 02/16/13 10/15/13 10/19/13

TERMS SERVED 0 0 1 5 0 1 0

APPLICANTS FIRST NAME Alfonso C Howdy Edward Javier Luciano S "Chano" Nicolas Rick Wayne

LAST NAME Cabanas Smith Mejia Reyna Garza III Carranza Hinojosa Barthomew

HOME 956-969-5873 956-973-1673 956-968-0837 956-854-4042 956-792-4733 956-968-1321 956-1033

PHYSICAL ADDRESS 1019 Honeytree 468 Tampico St 721 E Los Torritos 1702 Christian Ct 1704 W Sixth St 508 Delma St 1402 Southgate Circle 1012 W Valley View Dr

E-MAIL ADDRESS howdysmith@msn.com edmejia33@yahoo.com ryn_jvr16@yahoo.com nickdrea_c@yahoo.com sleepingbirds@sbcglobal.net

APPLICATION DATE 01/02/03 09/06/11 06/22/11 01/07/10 05/24/06 06/21/11 07/27/07 09/06/07

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

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


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RESOLUTION NO. 2012-57 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD. WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve a three year term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2012 and end on _____________, 2015. PASSED AND APPROVED on this 5th 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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RESOLUTION NO. 2012-58 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD. WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve a three year term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2012 and end on _____________, 2015. PASSED AND APPROVED on this 5th 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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RESOLUTION NO. 2012-59 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD. WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve a three year term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2012 and end on _____________, 2015. PASSED AND APPROVED on this 5th 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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RESOLUTION NO. 2012-60 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE PARKS & RECREATION ADVISORY BOARD. WHEREAS, the City of Weslaco has established the Parks & Recreation Advisory Board pursuant to Section 17-17 of the Weslaco Municipal Code Book; and WHEREAS, the terms of the members of this board are for three years; however, following the restructuring of this Board to consist of seven members, this term shall be assigned for two years so that terms are staggered such that no quorum of members expires simultaneously; and WHEREAS, the Parks & Recreation Advisory Board members shall serve without compensation; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _________________________ is appointed to serve a two year term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2012 and end on _____________, 2014. PASSED AND APPROVED on this 5th 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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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 5, 2012 V. A. From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Discussion and consideration to approve an Interlocal Cooperation Agreement to Share Joint Election Expenses with the Weslaco Independent School District during the General Election on November 6, 2012 pursuant to Texas Election Code Chapter 271 and as authorized by the City Commission on August 7, 2012. Possible action. Discussion: As the City and District will “piggy-back” on a federal election, note the agreement recognizes that the Hidalgo County Elections administrator determines early voting and polling locations, hours, and judges. By this partnership, associated costs will be divided among three parties for affected precincts for the General Election (may not apply to a run-off). A contract and cost estimate with the Hidalgo County Elections Administrator is forthcoming. 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: August 7, 2012 Commission issued Election Order If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Approve as presented. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Interlocal Cooperation Agreement to Share Joint Election Expenses with School District Responsibilities upon Approval: Mayor will execute documents; following full execution by WISD Trustees, City Secretary will convey to Hidalgo County Elections Administrator for record


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§ § § §

INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WESLACO AND THE WESLACO INDEPENDENT SCHOOL DISTRICT TO SHARE JOINT ELECTION EXPENSES

THIS Agreement is made on this ___ day of August 2012, by and between the CITY OF WESLACO, TEXAS, a home ruled Municipal Corporation, located at 255 South Kansas, Weslaco, Texas 78596 hereinafter referred to as “City” and the WESLACO INDEPENDENT SCHOOL DISTRICT located at 319 West Fourth Street, Weslaco, Texas 78599 hereinafter referred to as “District,” pursuant to the provisions of the Texas Interlocal Cooperation Act and §271.002 (d-e) and §271.004 of The Election Code, as follows: WITNESSETH: WHEREAS, City is a home ruled municipality located in Hidalgo County, Texas and in the Weslaco Independent School District; and WHEREAS, District is an Independent School District established by the laws of Texas and located in Hidalgo County, Texas; and WHEREAS, during the 3rd Called Session of the 79th Texas Legislature, the Legislature passed House Bill No. 1 (HB 1) relating to public school finance which included provisions requiring that a school district election must be held jointly either with (1) the election for members of the governing body of a municipality located in the school district, or (2) the general election for state and county officers; WHEREAS, the new school district election requirements have been codified in the Texas Education Code §11.058 and became effective immediately; WHEREAS, the District is required to comply with the new board of trustees election requirements and as such has requested that the City cooperate in meeting this obligation; WHEREAS, it is considered mutually beneficial to the City and the District, as both a cost savings to each entity and as a convenience to their constituencies, to hold joint elections in accordance with Texas Election Code §271 and as allowed by Texas Education Code §11.058; and WHEREAS, District and City are authorized to enter into this Agreement pursuant to the Interlocal Cooperation Act, Texas Government Code 791.001 et seq., (the “Act”) which authorizes local governments to contract with each other to perform governmental functions and services under the terms of the Act. NOW, THEREFORE, the District and City, in consideration of the mutual covenants expressed hereinafter, agree as follows: 1.

The City and District agree to hold joint elections to be conducted by the Hidalgo County Election Administrator and share expenses in accordance with Texas Education Code 271 and as mandated by Texas Education Code §11.058, for the election of the City of Weslaco elected offices of City Commissioner District No. 1, City Commissioner District No. 4 and Weslaco Independent School District elected offices of Board of Trustee Place No. 1, Board of Trustee Place No. 2, and Board of Trustee Place No. 3. All requests by candidates to have their names


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placed on the ballot for this election shall be in writing and signed by the candidate and filed either with the City Secretary, if the person is a candidate for City office, or with Secretary for the Board of Trustees, if the person is a candidate for District office, such request to be filed not earlier than 8:00 a.m., July 21, 2012 and no later than 5:00 p.m., Monday, August 22, 2012. 2.

In accordance with Texas Education Code §11.058 the voters of the joint election shall be served by common polling places and a common ballot consistent with Texas Election Code 271.003(b); Early Voting Judges and Election Day Judges will be appointed by the Hidalgo County Election Administrator just as Early Voting and Polling Locations and Hours will be identified and subject to change by the Hidalgo County Election Administrator for affected precincts. At minimum, place(s) of early voting shall remain open between the hours of 8:00 o’clock a.m. to 5:00 o’clock p.m. on each day for early voting with the exception of two weekdays for at least twelve hours. Direct Recording Electronic Voting Machines shall be used at all polling places.

3.

The mailing address to which ballot applications and ballots voted by mail shall be sent to Yvonne Ramon, Hidalgo County Elections Administrator, P.O. Box 659, 101 S. Tenth Avenue, Edinburg, Texas 78540. Early voting, by mail, shall be by paper ballots and shall be canvassed by the Early Voting Ballot Board which shall convene at the time set by the Presiding Judge of the Early Voting Ballot Board.

4.

For the District, the winner will be the candidate that receives the highest total of votes in each respective place. For the City, in the event that no candidate for Commissioner for a particular District receives a majority of the votes cast for, or in the event of a tie vote for a Commissioner of any particular place, there shall be a Run-off Election not earlier than 20th or later than the 45th day after the date the final canvass of the main election is completed. The election will be conducted with paper ballots if DRE machines are not available. In such event, the same polling places as used for the General Election are hereby designated for such Run-off Election, and the same Presiding Judges and election officials are hereby designated for such Run-off Election, which Run-off Election shall comply with all the rules of the Texas Election Code and the Charter of the City of Weslaco. Notice of such election shall be given in accordance with the Texas Election Code. The candidate for each respective office receiving the majority of votes shall be declared elected. In the event of a tie, the winner of such election shall be determined by a drawing by lot.

5.

Conflict of Applicable Law: Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between and provision of their Agreement and any present or future law, ordinance, or administrative, executive or judicial regulation, order or decree, or amendment hereof, contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the affected provision or provision of this Agreement shall be modified only to the extent necessary to bring them within the legal requirements and only during the time such conflict exists.

6.

No Waiver: No waiver by any party hereto of any breach of any provision of the Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof.

7.

Entire Agreement: This Agreement contains the entire contract between the parties hereto and each party acknowledges that neither has made (either directly or through any agent or representative) any representation or agreement in connection with this Agreement not specifically set forth herein. This Agreement may be modified or amended only by agreement in writing executed by the District and City, and not otherwise.


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8.

TEXAS LAW TO APPLY. THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNDER ARE PERFORMABLE IN HIDALGO COUNTY, TEXAS. THE PARTIES HEREBY CONSENT TO PERSONAL JURISDICTION IN HIDALGO COUNTY, TEXAS.

9.

Notice. Except as may be otherwise specifically provided in this Agreement, all notices, demands, requests or communication required or permitted hereunder shall be in writing and shall either be (i) personally delivered against a written receipt, or (H) sent by registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses set forth below, or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to City:

City of Weslaco C/O Leonardo Olivares, City Manager 255 S. Kansas Avenue Weslaco, Texas 78596

If to District: Weslaco Independent School District C/O Ruben Alejandro, Superintendent P.O. Box 266 Weslaco, Texas 78599 Each notice, demand, request or communication which shall be delivered or mailed in the manner described above shall be deemed sufficiently given for all purposes at such time as it is personally delivered to the addressee or, if mailed, at such time as it is deposited in the United States mail. 10.

Additional Documents. The parties hereto covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the terms of this Agreement.

11.

Successors. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement.

12.

Assignment. This Agreement shall not be assignable.

13.

Headings. The headings and captions contained in this Agreement are solely for convenience reference and shall not be deemed to affect the meaning or interpretation of any provision of paragraph hereof.

14.

Gender and Number. All pronouns used in this Agreement shall include the other gender, whether used in the masculine, feminine or neuter gender, and singular shall include the plural whenever and as often as may be appropriate.

15.

Authority to Execute. The execution and performance of this Agreement by City and District have been duly authorized by all necessary laws, resolutions or corporate action, and this Agreement constitutes the valid and enforceable obligations of City and District in accordance with its terms.


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16.

Governmental Purpose. Each party hereto is entering into this agreement for the purpose of providing for governmental services or functions and will pay for such services out of current revenues available to the paying party as herein provided.

17.

Commitment of Current Revenues Only. In the event that, during any term hereof, the governing body of any party does not appropriate sufficient funds to meet the obligations of such party under this Agreement, then any party may terminate this Agreement upon ninety (90) days written notice to the other party. Each of the parties hereto agrees, however, to use its best efforts to secure funds necessary for the continued performance of this Agreement. The parties intend this provision to be a continuing right to terminate this Agreement at the expiration of each budget period of each party hereto pursuant to the provisions of Tex. Loc. Govt. Code Ann. ยง271 .903.

WITNESS THE HANDS OF THE PARTIES effective as of the 5th of September 2012 first written above. CITY OF WESLACO _____________________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________________ Elizabeth M. Walker, CITY SECRETARY

APPROVED AS TO FORM: _____________________________________________ Ramon Vela, CITY ATTORNEY

WITNESS THE HANDS OF THE PARTIES effective as of the ______, September 2012 first written above. WESLACO INDEPENDENT SCHOOL DISTRICT _____________________________________________ David Lee Fuentes, SCHOOL BOARD PRESIDENT ATTEST: _____________________________________________ Orlando Rodriguez, SCHOOL BOARD SECRETARY

APPROVED AS TO FORM: _____________________________________________

Fernando Saenz, SCHOOL BOARD ATTORNEY


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MEDICAL DIRECTOR AGREEMENT THE STATE OF TEXAS

ยง

COUNTY OF HIDALGO

ยง

CITY OF WESLACO

ยง

This Agreement is made and executed on the date of signature below by and between the City of Weslaco, Texas, for the benefit of the Weslaco Department of Public Safety Emergency Medical Services, a home ruled municipal corporation, 500 S. Kansas, Weslaco, Texas and Roberto Sepulveda, M. D. and Heriberto Alanis, M. D., 901 E. 6th Street, Suite 5, Weslaco, Texas. I. The City of Weslaco hereby appoints Roberto Sepulveda, M.D. and Heriberto Alans, M.D., physicians currently licensed to practice medicine in the State of Texas, as the Medical Directors of the Weslaco Department of Public Safety Emergency Medical Services, in compliance with the State of Texas, Health and Safety Code. II. It is agreed that Roberto Sepulveda, M.D. and Heriberto Alanis, M. D. shall be paid a total of Forty Thousand Dollars ($40,000.00) annually in equal monthly installments in exchange for the services they shall render under this agreement. III. Roberto Sepulveda, M.D. and Heriberto Alanis, M.D. shall serve as the Medical Directors of the Emergency Medical Services of the Department and will


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provide medical supervision of the Emergency Medical Services, including serving as liaison to the medical community; developing protocols and standing orders of EMS personnel and units: approving EMS medical equipment and personnel permitted to function within the EMS system; giving guidance and directions to the Director of EMS and his staff; approving EMS training programs and training personnel; receiving input from emergency departments and community physicians; advising the Department regarding creation and enforcement of ordinances pertaining

to

Emergency

Medical

Services;

disaster

preparedness;

and

communications and dispatching procedures related to EMS; receiving and investigating complaints; participating in ongoing medical audit, review and performance appraisal of EMS personnel and system functions; and to report to the Department of Public Safety the goals and progress of the Emergency Medical Services. IV. Roberto Sepulveda, M.D. and Heriberto Alanis, M.D. will provide their own malpractice insurance at their own expense and include the City of Weslaco as an additional insured.

Dr. Sepulveda and Dr. Alanis’ combined insurance coverage

must be One Million Dollars ($1,000,000.00) per incident and Three Million and No/100ths Dollars ($3,000,000.00), per occurrence. V. This Agreement may not be sold, transferred or assigned in whole or in part by either party without the prior written consent of the other party. VI. The Agreement shall remain in effect for a term of two (2) years from the


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5th day of September, 2012 until the 4th day of September, 2014. Either party shall have the right to cancel and terminate this agreement at any time upon 90 days written notice to the other party. The terms and conditions of this agreement shall remain in effect on a month to month basis if this contract is not renewed or rejected at the end of the two year term. The Agreement shall be subject to change, amendment, or modification only by the mutual written consent of the parties hereto. EXECUTED IN DUPLICATE this 5th day of September, 2012. The City of Weslaco: ________________________ Miguel D. Wise, MAYOR ATTEST:

CITY OF WESLACO

_______________________________

________________________

Elizabeth M. Walker, CITY SECRETARY

Emergency Medical Services

APPROVED:

MEDICAL DIRECTORS:

______________________________ Ramon Vela, CITY ATTORNEY

________________________ Roberto Sepulveda, M. D. ________________________ Heriberto Alanis, M. D.


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Standardized Agenda Request Form

Date of Meeting Agenda Item No. (to be assigned by CSO): September 5, 2012 V. D. From (name, title, department and who submitting on behalf of, if any): Oscar Garcia, Public Facilities Director, Public Facilities Department Subject: Re-Paving Ballard St. Discussion: Discussion in consideration to approve the purchase of material needed for repaving Ballard St. for the amount not to exceed $25,780.00 from the Street Improvement account 46-501-4010. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, if any (name of board/committee, date of action, recommendation): N/a Recommendation for Commission Action: Staff recommends approval for the above mentioned.

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Purchase Order Request Form

Responsibilities upon Approval: Upon approval, city secretary’s office will convey executed documents and forward a copy to the Public Facilities Department.


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 5, 2012 V. E. From (name, title, department and who submitting on behalf of, if any): Gloria Givilancz, Asst Finance Director. Subject: Investment Policy for the City of Weslaco Discussion: Discussion and consideration to amend the Investment Policy as recommended by the City of Weslaco Financial Advisor. Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [X] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Advisory Review, if any (name of board/committee, date of action, recommendation): Recommendation for Commission Action: . Staff recommends approval of the amendments to the Investment Policy for the City of Weslaco Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: .


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INVESTMENT POLICY FOR THE CITY OF WESLACO 1. INTRODUCTION. The purpose of this document is to set forth specific investment policy and strategy guidelines for the City of Weslaco in order to achieve the goals of safety, liquidity, yield, and public trust for all investment activity. The City Council of the City of Weslaco shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement (specifically the Public Funds Investment Act) Article 842a-2 V.T.C.S (the “Act”) to define, adopt and review a formal investment strategy and policy. 2. INVESTMENT STRATEGY. The City of Weslaco maintains portfolios which utilize four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios: 2.1 Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high quality, short-tomedium-term securities which will complement each other in a liability matching or a laddered maturity structure. The dollar weighted average maturity of 12 months or less will be calculated using the stated final maturity date of each security. 2.2 Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. 2.3 Investment strategies for debt service reserves funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate term maturities. 2.4 Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in investment pools, money market funds, collateralized bank deposits or highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. 3. SCOPE. This investment policy applies to all financial assets of the City of Weslaco. These funds are accounted for in the City’s Comprehensive Annual Financial Report (CAFR) and include:


Weslaco City Commission Regular Meeting

• • • • • • • •

General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Trust and Agency Funds (Any new fund created by the City, unless specifically exempted) 3.1 Additional funds may be added with the approval of the City Manager and the Finance Director. This policy shall not apply to financial assets not administered by the City.

4. OBJECTIVE. The City of Weslaco shall manage and invest its cash with four objectives, listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. The City shall maintain a comprehensive cash management program which includes collection of accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of available cash. Cash management is defined as the process of managing monies in order to insure maximum cash availability and maximum yield on short-term investment of pooled idle cash. 4.1 Safety. The primary objective of the City’s investment activity is the preservation of capital in the overall portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses, whether from securities defaults or erosion of market value. 4.2 Liquidity. The City’s investment policy shall be structured such that the City is able to meet all obligations in a timely manner. This shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. 4.3

Yield. The City’s cash management portfolio shall be designed with the objective of regularly exceeding the average offering yield on three-month U.S. Treasury Bills. The investment program shall seek to augment yields above this threshold consistent with risk limitations identified herein and prudent investment policies.

5. RESPONISBILITY AND CONTROL 5.1

Investment Officer. The Finance Director is designated as investment officer of the City and is responsible for investment decisions and activities. The Finance Director shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons

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responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The investment officer shall attend at least one training session relating to the officer’s responsibility under the Act within 12 months after assuming duties. The investment officer shall receive not less than 10 hours of instruction every two years that begins on the first day of the City’s fiscal year and consists of two consecutive fiscal years after that date. This training shall relate to investment responsibilities under the Act, and received from an independent source approved by the investment committee. 5.2

Internal Controls. The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimated and judgments by management. Accordingly, the Finance Director shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: A. B. C. D. E. F.

5.3

Control of collusion Separation of transaction authority from accounting and record keeping. Custodial safekeeping. Clear delegation of authority to subordinate staff members. Written confirmation for telephone (voice) transactions for investments and wire transfers. Development of wire transfer agreement with the depository bank or third party custodian.

Prudence. Investments shall be made with judgment and care, under circumstances then prevailing, that a person of prudence, discretion and intelligence would exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: A. The investment of all funds, or funds under the City’s control, over which the officer has responsibility rather than a consideration as to the prudence of single investment.


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B. Whether the investment decision was consistent with the written investment policy of the City. The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security’s credit risk or market price changes, provided that these deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 5.4

6.

Investment Committee. There shall be established an investment committee to review investment transactions, performance, and to identify strategies for funds to be invested. Members of this committee should include the Finance Director, the City Attorney, the City Auditor, the City’s Financial Advisor, and a representative from the depository bank. Additional members may be appointed by the committee as appropriate. The committee shall meet as often as deemed necessary by the City Manager.

ETHICS AND CONFLICTS OF INTEREST. City staff and investment committee members involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City’s portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to timing of purchases and sales. An investment officer of the City who has personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual selling to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity.

4.

REPORTING. 7.1 Quarterly Reporting. The Finance Director shall submit a signed quarterly investment report that summarizes current market conditions, economic developments and anticipated investment conditions. The report shall summarize investment strategies employed in the most recent quarter, and describe the portfolio in terms of investment securities, maturities, risk characteristics, and shall explain the total investment return for the quarter. The quarterly investment report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain


Weslaco City Commission Regular Meeting

whether investment activities during the reporting period have conformed to the investment policy. The report will be provided to the City Manager and City Council. The report will include the following: A. A listing of individual securities held at the end of the reporting period. B. Unrealized gains losses resulting from appreciation or depreciation by listing ending book and market value of securities for the period.

C. Average weighted yield-to-maturity of the investment portfolio as compared to applicable benchmarks. D. Listing of all investments by maturity date. E. The percentage of the total portfolio which each type of investment represents. F. Statement of compliance of the City’s investment portfolio with State Law and investment strategy and policy approved by the City Council. 7.2

Annual Report. Within 60 days of the end of the fiscal year, the Director of Finance shall present an annual report in the investment program and investment activity. This report may be presented as a component of the forth quarter to the City Manager and City Council.

1. INVESTMENT PORTFOLIO 8.1 Active Portfolio Management. The City shall pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment officer will routinely monitor the contents of the portfolio, the available markets, and the relative value of competing instruments, and will adjust the portfolio accordingly. 8.2 Investments. Assets of the City of Weslaco may be invested in the following instruments; provided, however, that at no time shall assets of the City be invested in any instruments or security not authorized for investment under the Act, as the Act may from time to time be amended. 8.3 Portfolio Pricing. Security prices shall be obtained monthly from the custodian bank, the investment manager, or any broker-dealer not responsible for having sold the City the security being priced. Market value of pooled or mutual funds will be obtained from published sources, such as their websites I.

Authorized

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II.

A.

Obligations of the United States of America, its agencies and instrumentalities.

B.

Direct obligations of the State of Texas and agencies thereof.

C.

Other obligations, the principle of and interest on which are unconditionally guaranteed by the State of Texas or United States of America, including those fully insured by the Federal Deposit Insurance Corporation (FDIC).

D.

Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state rated the equivalent of A or better by a nationally recognized investment rating agency.

E.

Certificates of Deposit of state and national banks doing business in Texas, guaranteed or insured by the FDIC or its successor, or secured by obligations described in A through D above, which are intended to include all direct agencyor instrumentality-issued mortgage backed securities with a market value of not less than the principal amount of the certificates plus all accrued but unpaid interest earned.

F.

Fully collateralized direct repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities, pledged with a third-party safekeeping agent approved by the Finance Director. Repurchase agreements must be made through a primary government securities dealer, as defined by the Federal Reserve, or a bank doing business in Texas.

G.

Joint pools of political subdivisions in the State of Texas which invest in instruments and follow practices allowed by current law.

H.

Commercial paper with final maturities limited to -270 days, rated no less than A1P1 or an equivalent rating provided by S&P, Moody’s or Fitch.

I.

Money Market Mutual Funds regulated by the SEC with a dollar-weighted average maturity of 60 days or less;

Not Authorized The City’s authorized investments options are more restrictive than those allowed by the state law. State law specifically prohibits investment in the following investment securities. A.

Obligations whose payment represents the coupon payments on the outstanding principle balance of the underlying mortgage-backed security collateral and pays no principal.

B.

Obligations whose payments represents the principle stream of cash flow from underlying mortgage-backed security collateral and bears no interest.

C.

Collateralized mortgage obligations that have a stated final maturity date greater than 5 years.

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Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ‌ + Start at: 9 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"


Weslaco City Commission Regular Meeting

D.

Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.

8.3

Holding Period. The City of Weslaco intends to match the holdings periods of investment funds with liquidity needs of the City. In no case will the average maturity of investments of the City’s operating funds exceed two years. The maximum final stated maturity of any investment shall not exceed five years. .

8.4

Risk and Diversification. The City of Weslaco recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to a temporary liquidity. Risk is controlled through portfolio diversification which shall be achieved by the following general guidelines:

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A. Risk of issuer default is controlled by limiting investments to those instruments allowed by the Act, which are described herein. B. Risk of market price changes shall be controlled by avoiding overconcentration of assets in a specific maturity sector, limitation of average maturity of operating funds investment to 12 months, and avoidance of over-concentration of assets in specific instruments other than U.S. Treasury Securities and Insured or Collateralized Certificates of Deposits. 8.5

9.0

Downgrade Provision – Any portfolio security whose credit rating is placed on review for downgrade must be evaluated by the investment officer to determine if it is prudent to liquidate. Investments subsequently downgraded below the required minimum credit rating should be liquidated in a prudent manner.

SELECTION OF BANKS AND DEALERS 9.1

Depository. The City shall seek to maintain good banking relationships while minimizing the cost of banking services. At least every three years, a Depository shall be selected through the City’s banking services procurement process, which shall include a formal request for proposal (RFP). Concerns about safety are to be addressed by the pledging requirements of the depository in accordance with state law.

9.2

Certificates of Deposit. Banks and other financial institutions seeking to establish eligibility for the City’s competitive certificate of deposit purchase program shall submit for review annual financial statements, evidence of federal insurance and other information as required by the Finance Director.

9.3

Securities Dealers. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the following as appropriate: audited financial statements

Formatted: Underline


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• • •

proof of Financial Industry Regulatory Authority (FINRA) certifications proof of Texas state registration certification of having read the City’s investment policy signed by a registered principal of the organization acknowledgment that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization.

10.

9.4

Financial Advisors. Financial Advisors may be retained by the city under contract for periods not to exceed 5 years.

9.5

Authorized Brokers. The investment committee shall annually review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City.

SAFEKEEPING AND CUSTODY 10.1 Insurance or Collateral. All deposits and investment of City funds other than direct purchases of U.S. Treasuries or Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 102% of market value of principal and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC. Evidence of the pledged collateral shall be maintained by the Finance Director or a third- party financial institution. Repurchase agreements shall be documented by a specific agreement noting the collateral pledged in each agreement. Collateral shall be reviewed at least monthly to assure that the market value of the pledged securities is adequate. 10.2 Safekeeping Agreement. Collateral pledged to secure deposits of the City’s shall be held by a third-party custodian designated by the Finance Director and evidenced by safekeeping receipts. 10.3 Collateral Defined. The City of Weslaco shall accept only the following securities as collateral: A. FDIC and FSLIC insurance coverage. B. A bond, certificate of indebtedness, or Treasury Note of the United States, or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. C. Obligations, the principal and interest of which, are unconditionally guaranteed or insured by the State of Texas. D. A bond of the State of Texas or of a county, city or other political subdivision of the State of Texas having been rated no less than “A” or equivalent by a nationally recognized rating agency with a remaining maturity of ten (10) years or less.

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E. A surety bond, provided that the insurer is rated in the Superior Category (A+) of the A.M. Best Ratings. F. Obligations, including letters of credit, of the United States or its agencies and instrumentalities.

10.4 Subject to Audit. All collateral shall be subject to inspection and audit by Finance Director or the City’s independent auditors.

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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 05 September 2012 Departmental Update • Public Utilities o Preparations continue through the cooperation of the Department and Allied Waste for the quarterly Clean Sweep Project which will start on October 29, 2012. • Parks o The Department has begun the process of mapping/gridding the cemetery on August 23 and 24, 2012, with the assistance of Efrain Tafolla, Gilbert Garcia, J. P. Rodriguez and City volunteers. o The Valley Nature Center���s Cement Mortar Units (CMU) are at 90% completion and work on the roof trusses has begun this week. Construction for this project is 1½ months behind schedule. o The La Placita Restrooms foundation has been poured and work on cinder blocks began August 29, 2012. Construction for this project is on schedule. o Engineer consultants Cruz- Hogan Engineering held a public hearing on August 22, 2012 for the FEMA Drainage Grants and Phase I studies will be completed this month. • Public Facilities o The Department has completed the repaving of Oklahoma Avenue from US Business Highway 83 to First Street and has begun repaving East Ballard Street between North Texas Boulevard and Academy Sports and Outdoors. • Information Technology o The Department has completed the software inventory of City Hall and can now work toward the standardization of all software for the purpose of upgrading all city hall personnel computers to Microsoft Office 2010. o On August 27, 2012 the City experienced a power surge which caused damage to the mag locks system and several circuit boards. As a preventative measure the city electrician installed a power plug to the system and connected it directly to an Uninterruptible Power Supply (UPS). • Library o The Department has received the new APC (American Power Conversion) backup system for the network. Once installation is completed at library the old unit will be installed at city hall to replace the City’s current damaged APC system.


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• Human Resources o The HEB Pharmacy hosted a Flu Shot Clinic during the AETNA enrollment sessions; (Monday, August 27 through Friday, August 31, 2012). • Upcoming Meetings & Events o Plan for Fair Housing Choice Meeting (Legislative Chamber, September 6) o Texas Fire Fighters’ Pension Conference (Galveston, September 17-19) o World Waterpark Association 32nd Annual Symposium & Trade Show (Las Vegas, October 2-5) o ICMA’s 98th Annual Conference (Phoenix, Arizona, October 7-10) • Media/Public Feedback o Weslaco City Manager: ‘We’ve lost 2 years’ on road project” (The Monitor 12/08/21) o Weslaco EDC moves forward on event center at City Hall (The Monitor 12/08/24) o Valley Nature Center Construction in Full Swing (Mid Valley Town Crier 12/08/27)


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Overtime Report 10/01/2011 thru 008/30/2012

Dept. Airport City Secretary Municipal Court Public Facilities Building Maintenance Drain Ditch Maintenance Fleet Maintenance Streets & Highways

$

Utility Billing Water Meter Division Sewage Collection

$

Budget 500.00 1,000.00 1,000.00

285.41 90.36 126.12 226.20 728.09 629.22 54.28 1,629.74 171,092.06 3,854.24 294,943.63 252.04 193.81 105.44 1,305.00 51.17

Human Resources Planning Code Enforement Police Fire Marshall/Prevention Fire Suppression IT Vital Statistics Parks & Recreation Swimming Pool Library Public Utilities Water Distribution

Actual 1,704.91 343.84 35.85

31,540.00 612.00 225.00 1,400.00 134,000.00 240,000.00 500.00 250.00 1,000.00

22,922.45 1,624.85 4,269.06 10,913.46 $

39,729.82 516,653.14

$

28,740.00 440,767.00


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CITY OF WESLACO, TEXAS GENERAL FUND YEAR-TO-DATE 08.30.2012

BUDGET

ACTUAL

VARIANCE FAVORABLE (UNFAVORABLE)

CONTROL Legislative-City Commission Personnel Services Other Services & Charges Supplies Total Legislative-City Commission

12,272 93,598 3,900 109,770

9,258 147,770 5,707 162,736

3,014 (54,172) (1,807) (52,966)

Executive-City Manager Personnel Services Other Services & Charges Supplies Total Executive-City Manager

228,073 21,050 4,300 253,423

214,556 22,416 4,603 241,575

13,517 (1,366) (303) 11,848

City Secretary Personnel Services Other Services & Charges Supplies Total City Secretary

163,665 30,686 4,000 198,351

150,242 25,965 3,336 179,543

13,423 4,721 664 18,808

Municipal Court Personnel Services Other Services & Charges Supplies Total Judicial-Corporation Court

123,032 75,399 3,130 201,561

113,302 63,746 2,358 179,406

9,730 11,653 772 22,155

TOTAL CONTROL

763,105

763,260

(155)

3,690 3,690

1,356 50 1,406

2,334 (50) 2,284

Personnel Services Other Services & Charges Supplies Capital Outlay Total Finance

340,824 95,832 9,920 3,128 449,704

253,486 99,447 8,535 3,128 364,596

87,338 (3,615) 1,385 85,108

Personnel Director Personnel Services Other Services & Charges Supplies Total Personnel Director

139,671 23,937 6,700 170,308

137,506 93,989 3,392 234,886

2,165 (70,052) 3,308 (64,578)

STAFF AGENCIES Elections Personnel Services Other Services & Charges Supplies Total Elections Finance


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CITY OF WESLACO, TEXAS GENERAL FUND YEAR-TO-DATE 08.30.2012

BUDGET

Purchasing Personnel Services Other Services & Charges Supplies Total Purchasing

-

ACTUAL

8,443 1,358 57 9,858

VARIANCE FAVORABLE (UNFAVORABLE)

(8,443) (1,358) (57) (9,858)

Tax Collection Personnel Services Other Services & Charges Supplies Total Tax Collection

260,000 260,000

201,341 201,341

58,659 58,659

Law-City Attorney Personnel Services Other Services & Charges Supplies Total Law-City Attorney

78,767 235,786 1,200 315,753

71,232 346,996 1,875 420,103

7,535 (111,210) (675) (104,350)

Public Facilities Personnel Services Other Services & Charges Capital Outlay Supplies Total Public Facilities

629,695 469,842 4,305 57,693 1,161,535

587,806 376,404 4,305 50,434 1,018,949

Data Processing/IT Personnel Services Other Services & Charges Supplies Capital Outlay Total Data Processing

203,327 134,049 1,300 338,676

209,680 126,773 2,071 2,650 341,174

(6,353) 7,276 (771) (2,650) (2,498)

196,032 23,057 5,547 224,636

95,427 23,804 5,421 124,652

100,605 (747) 126 99,984

Total Staff Agencies

2,924,302

2,716,965

207,337

TOTAL GENERAL GOVERNMENT

3,687,407

3,480,225

207,182

41,889 93,438 7,259 142,586

Planning Personnel Services Other Services & Charges Supplies Total Planning


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CITY OF WESLACO, TEXAS GENERAL FUND YEAR-TO-DATE 08.30.2012

BUDGET

ACTUAL

VARIANCE FAVORABLE (UNFAVORABLE)

PUBLIC SAFETY Police Department Personnel Services Other Services & Charges Supplies Capital Outlay Total Police Department

4,410,031 225,083 181,622 36,400 4,853,136

4,077,725 182,460 181,744 77,348 4,519,277

Traffic Safety Personnel Services Other Services & Charges Supplies Total Traffic Safety

59,074 32,003 16,701 107,778

50,867 9,066 14,743 74,675

8,207 22,937 1,958 33,103

Total Police Department

4,960,914

4,593,951

366,963

Fire Suppression Personnel Services Other Services & Charges Supplies Total Fire Suppression

3,775,882 168,149 146,312 4,090,343

3,612,297 145,331 69,669 3,827,297

163,585 22,818 76,643 263,046

Fire Prevention Personnel Services Other Services & Charges Supplies Total Fire Prevention

121,844 10,138 8,440 140,422

239,266 4,305 7,258 250,829

(117,422) 5,833 1,182 (110,407)

Code Enforcement Personnel Services Other Services & Charges Supplies Capital Outlay Total Code Enforcement

254,373 109,490 27,200 45,000 436,063

266,214 99,490 17,755 42,600 426,059

(11,841) 10,000 9,445 2,400 10,004

Emergency Management Personnel Services Other Services & Charges Supplies Capital Outlay Total Emergency Management

45,000 16,600 61,600

20,654 2,327 508 23,490

24,346 14,273 (508) 38,110

Emergency Medical Service Personnel Services Other Services & Charges Supplies Capital Outlay Total Emergency Medical Services

306,139 124,915 17,772 448,826

266,573 142,122 17,771 426,466

39,566 (17,207) 1 22,360

5,177,254

4,954,141

223,113

10,138,168

9,548,093

590,075

Total Fire Department TOTAL PUBLIC SAFETY

332,306 42,623 (122) (40,948) 333,859


Weslaco City Commission Regular Meeting

Page 75 September 5, 2012

CITY OF WESLACO, TEXAS GENERAL FUND YEAR-TO-DATE 08.30.2012

BUDGET PUBLIC WORKS Administration Personnel Services Other Services & Charges Supplies Total Administration

ACTUAL

132,348 8,039 2,947 143,334

134,618 8,146 3,886 146,651

VARIANCE FAVORABLE (UNFAVORABLE)

(2,270) (107) (939) (3,317)

Urban Development Other Services & Charges Supplies Total Urban Development

21,750

21,295

455

21,750

21,295

455

Drain Ditch Maintenance Personnel Services Other Services & Charges Supplies Capital Outlay Total Drain Ditch Maintenance

66,942 43,197 23,156 319,033 452,328

57,146 24,259 29,972 44,233 155,610

9,796 18,938 (6,816) 274,800 296,718

Streets & Highways Personnel Services Other Services & Charges Supplies Total Streets & Highways

453,509 79,079 60,223 592,811

382,920 72,104 53,114 508,138

70,589 6,975 7,109 84,673

Street Cleaning Personnel Services Other Services & Charges Supplies Total Street Cleaning

33,834 10,300 8,976 53,110

35,078 9,120 5,596 49,794

Street Lighting Other Services & Charges Total Street Lighting

460,000 460,000

374,458 374,458

85,542 85,542

1,723,333

1,255,946

467,387

TOTAL PUBLIC WORKS

(1,244) 1,180 3,380 3,316


Weslaco City Commission Regular Meeting

Page 76 September 5, 2012

CITY OF WESLACO, TEXAS GENERAL FUND YEAR-TO-DATE 08.30.2012

BUDGET

ACTUAL

VARIANCE FAVORABLE (UNFAVORABLE)

HEALTH Vital Statistics Personnel Services Other Services & Charges Supplies TOTAL HEALTH

67,543 14,225 3,500 85,268

61,610 10,700 3,646 75,956

5,933 3,525 (146) 9,312

CULTURE & RECREATION Municipal Parks Personnel Services Other Services & Charges Supplies Total Municipal Parks

71,954 27,448 5,977 105,379

92,407 26,992 5,341 124,740

(20,453) 456 636 (19,361)

Swimming Pool Personnel Services Other Services & Charges Supplies Total Swimming Pool

51,627 4,000 13,000 68,627

37,104 2,031 6,788 45,924

14,523 1,969 6,212 22,703

Personnel Services Other Services & Charges Supplies Capital Outlay Capital Outlay-Books Total Library

409,973 166,078 108,902 63,670 40,000 788,622

367,257 131,183 54,708 30,200 33,905 617,253

42,716 34,894 54,194 33,469 6,095 171,369

TOTAL CULTURE & RECREATION

962,628

787,917

174,712

NON-DEPARTMENTAL EXPENSES General Expenditures Personnel Services Other Services & Charges Insurance & Bonds Total General Expenditures

134,685 128,846 312,500 576,031

38,612 67,371 264,458 370,440

96,073 61,476 48,042 205,591

17,172,835

15,518,575

1,654,260

Library

TOTAL EXPENDITURES

#


Weslaco City Commission Regular Meeting

Page 77 September 5, 2012

CITY OF WESLACO, TEXAS SANITATION FUND YEAR-TO-DATE 08.30.2012

BUDGET

Waste Collection Personnel Services Other Services & Charges Supplies Contractual Services Total Waste Collection

$

Waste Disposal Personnel Services Other Services & Charges Supplies Contractual Services Total Waste Disposal Brush Collection Other Services & Charges Supplies Contractual Services Total Brush Collection

2,741,794 2,741,794

ACTUAL

$

2,534 5,455 2,364,968 2,372,957

VARIANCE FAVORABLE (UNFAVORABLE)

$

(2,534) (5,455) 376,826 368,837

3,000

1,412 1,443 31

(1,412) (1,443) 2,969

3,000

2,886

114

995,500 995,500

863,652 863,652

131,848 131,848

Landfill Other Services & Charges Supplies Contractual Services Total Landfill

112,065

60,130

51,935

112,065

614 60,744

(614) 51,321

Administrative and Finance Personnel Services Other Services & Charges Contractual Services Debt Service Total Administrative and Finance

200,750 60,700 261,450

200,750 3,400 204,150

TOTAL OPERATING EXPENSES

$

4,113,809

$

3,504,389

57,300 57,300

$

609,420


Weslaco City Commission Regular Meeting

Page 78 September 5, 2012

CITY OF WESLACO, TEXAS SEWER FUND YEAR-TO-DATE 08.30.2012

BUDGET

ACTUAL

VARIANCE FAVORABLE (UNFAVORABLE)

Sewer Pumping and Collection Personnel Services Other Services & Charges Supplies Capital Outlay Contractual Services

261,042 355,463 19,540 6,033 242,735

108,789 56,184 6,739 6,033 302,660

152,253 299,279 12,801 (59,925)

Total Sewer Pumping and Collection

884,813

480,405

404,408

Sewer Treatment Personnel Services Other Services & Charges Supplies Contractual Services

224,700

420,885

(196,185)

846,482

1,047,670

(201,188)

Total Sewer Treatment

1,071,182

1,468,555

(397,373)

Administrative and Finance Personnel Services Other Services & Charges Supplies Contractual Services Debt Service

420,390 1,922,491

303,961 895,005

116,429 1,027,486

Total Administrative and Finance

2,342,881

1,198,966

1,143,915

TOTAL OPERATING EXPENSES

$

4,298,876

$

3,147,926

$

1,150,950


Weslaco City Commission Regular Meeting

Page 79 September 5, 2012

CITY OF WESLACO, TEXAS WATER FUND YEAR-TO-DATE 08.30.2012

BUDGET

Water Supply, Pumping, and Purification Personnel Services Other Services & Charges Supplies Capital Outlay Contractual Services Total Water Supply, Pumping, and Purification Water Transmission and Distribution Personnel Services Other Services & Charges Supplies Capital Outlay Total Water Transmission and Distribution Maintenance Shop Personnel Services Other Services & Charges Supplies Capital Outlay Total Maintenance Shop Administrative and Finance Personnel Services Other Services & Charges Supplies Contractual Services Debt Service Total Administrative and Finance

TOTAL OPERATING EXPENSES

ACTUAL

VARIANCE FAVORABLE (UNFAVORABLE)

129,596 265,712 207,629 200,000 1,399,679

135,987 209,325 250,884 41,478 977,825

(6,391) 56,387 (43,255) 158,522 421,854

2,202,616

1,615,499

587,117

370,858 136,272 40,314 6,033

368,765 104,895 24,531 6,033

2,093 31,377 15,783 -

553,477

504,224

49,253

142,001 75,956 17,091 677 235,725

150,158 53,348 12,714 216,220

(8,157) 22,608 4,377 677 19,505

215,081 86,332 14,845 600,000 376,819 1,293,077

207,937 76,637 9,647 600,000 412,935 1,307,156

7,144 9,695 5,198 (36,116) (14,079)

4,284,895

3,643,099

641,796


Weslaco City Commission Regular Meeting

Page 80 September 5, 2012

CITY OF WESLACO, TEXAS AIRPORT FUND YEAR-TO-DATE 08.30.2012

BUDGET

ACTUAL

VARIANCE FAVORABLE (UNFAVORABLE)

Airport Personnel Services Other Services & Charges Supplies Capital Outlay

155,479 126,811 237,450 16,200

166,190 90,343 231,761 15,553

(10,711) 36,468 5,689 647

Total Airport

535,940

503,846

32,094

TOTAL OPERATING EXPENSES

$

535,940

$

503,846

$

32,094


12-09-05 agenda supplements