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Weslaco City Commission Regular Meeting

Page 1 June 4, 2013

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): June 4, 2013 I From (name, title, department and who submitting on behalf of, if any): Elizabeth Walker, City Secretary Subject: Call to Order, includes the following: A. Certification of Public Notice. B. Invocation. C. Pledge of Allegiance. D. Roll Call. Discussion: A. Mayor will Call to Order and certify Public Notice. B. Pastor Manuel Portillo, First Baptist Church, will lead the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll. Fiscal Note: Amount: $ N/A Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Four or more Commissioners present constitutes a Quorum; otherwise, no action may be taken. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): One-page with pledges and mission statement. Responsibilities upon Approval: Conduct meeting per Ordinance 2011-05, according to Roberts Rule of Order and commencing at 5:30 p.m.


Weslaco City Commission Regular Meeting

Page 2 June 4, 2013

Miguel D. Wise, Mayor John F. Cuellar, Mayor Pro-Tem, District 2 David R. Fox, Commissioner, District 1 Olga M. Noriega, Commissioner, District 3 Gerardo “Jerry” Tafolla, Commissioner, District 4 Lupe V. Rivera, Commissioner, District 5 Joe A. Martinez, Commissioner, District 6

City of Weslaco “The City on the Grow”

Leonardo Olivares, City Manager

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

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

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

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

STATEMENT OF MISSION: COMMITMENT TO EXCELLENCE IN PUBLIC SERVICE *Positive Attitude of Courtesy & Concern *Doing it Right the First Time *Sensitive to the citizens’ needs *Friendly Respect for All *Service without Hassle 255 S. KANSAS AVE.

WESLACO, TEXAS 78596-6285

956-968-3181

WWW.WESLACOTX.GOV


Weslaco City Commission Regular Meeting

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A REGULAR MEETING OF THE WESLACO CITY COMMISSION TUESDAY, MAY 21, 2013 On this 21st day of May 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in Regular Session at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Mayor Pro-Tem Commissioner Commissioner Commissioner

Miguel D. Wise J.F. “Johnny” Cuellar David R. Fox Olga M. Noriega Joe A. Martinez

City Manager City Secretary City Attorney

Leonardo Olivares Elizabeth M. Walker Ramon Vela

Also present: Rey Garcia, IT Director; Bret Mann, Finance Director; Jeff Underwood, Planning & Code Enforcement Director; David Arce, Parks & Recreation Director; Erasmo Lozano, Public Facilities Director; Police Chief Michael Kelly; Fire Chief Santiago Cuellar; Arnold Becho, Library Director; George Garrett, Airport Director; Mardoqueo Hinojosa, City Engineer; 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, May 17, 2013.

B.

Invocation. Senior Minister Howard Bloomquist of Central Christian Fellowship 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 Commissioners Tafolla and Rivera.

II.

CONSENT AGENDA A.

Approval of the Minutes of the Regular Meeting of May 7, 2013. (Requested by City Secretary’s Office.) Attachment.

B.

Acceptance of a reimbursement check from the Texas Intrastate Fire Mutual Aid System (TIFMAS) Grant Assistance program in the amount of $3,450.00 for

Minutes of the Regular Meeting of May 21, 2013

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Training Tuition - Texas A&M Engineering Extension Service (TEEX) Spring Fire School and authorize a budget amendment as appropriate. (Requested by Fire Department.) Attachment. C.

Acceptance of a donation of two (2) Trimble GPS Nomad units from WW GIS, LLC at a value of $2,800.00/unit. (Requested by Public Utilities Department.) Attachment.

D.

Approval of the utilization of Federal Equitable Sharing funds for the renewal of the annual Leads Online Investigative System July 1, 2013 – June 30, 2014 in an amount not to exceed $5,000.00, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Requested by Police Department.) Attachment.

E.

Approval of the request to close Texas Boulevard/FM 88 from Business 83 to Fifth Streets from 3:00 p.m. to 10:00 p.m. on Thursdays, July 4, 11, 18, and 25, 2013 for a series of block parties entitled Alfresco Weslaco – Jammin’ on the Street coordinated by the Economic Development Corporation of Weslaco, authorizing the sale of wine and beer by a Texas Alcoholic Beverage Commission (TABC) licensed vendor, and authorize the Mayor to execute any related documents as may be required by the Texas Department of Transportation for proposed street closure affecting state rightof-way. (Requested by the Economic Development Corporation.) Attachment.

F.

Authorization to submit a grant application for funding not to exceed $125,000.00 for 36 months from the United States Department of Justice (COPS) Community Oriented Policing Services to hire two officers with the City responsible for a 25% cash match and authorize the Mayor to execute any related documents. (Requested by Police Department.) Attachment. Commissioner Noriega requested item II. F be withheld from the consent agenda for discussion. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve items A, B, C, D and E with a correction to Resolution 2013-51 in the minutes to correct the name from Lupe Rivera to Lupe Garcia. The motion carried unanimously; Mayor Wise was present, but not voting.

III.

APPOINTMENTS A.

Discussion and consideration to approve Resolution 2013-43 to fill the term of one member to the Weslaco Health Facilities Development Corporation. Possible action. (There was no action on this Resolution May 7, 2013; Requested by Finance Department.) Attachment. The City Manager stated that this replaces his position on the board in order to avoid any conflict of interest. Commissioner Fox, seconded by Mayor Pro-Tem Cuellar, moved to approve Resolution 2013-43 appointing Mr. Roland Lozano to the Weslaco Health Facilities Development Corporation. The motion carried unanimously; Mayor Wise was present, but not voting.

Minutes of the Regular Meeting of May 21, 2013

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For the record, Resolution 2013-43 reads as follows: RESOLUTION NO. 2013-43 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE WESLACO HEALTH FACILITIES DEVELOPMENT CORPORATION. WHEREAS, in accordance with the Health Facilities Development Act, Article 1528j, Vernon’s Texas Civil Statues (the “Act”) the City Commission (The Governing Body) herby finds and determines that a health facilities development corporation be authorized and created, with such health facilities development corporation to be known as the “Weslaco Health Facilities Development Corporation”; and WHEREAS, the purpose of this board is to promote new, expanded or improved health facilities in order to assist the maintenance of the public health and the public welfare. WHEREAS, each member shall be appointed by the City Commission of the City of Weslaco; and the members of this board will hold office for a term of no more than six years; and WHEREAS, the Weslaco Health Facilities Development Corporation members shall serve without compensation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT _Rolando Lozano__ is appointed to serve an unexpired term on the Weslaco Health Facilities Development Corporation with a term to be assigned. PASSED AND APPROVED on this 7th day of May, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

B.

Discussion and consideration to approve Resolution 2013-57 appointing inaugural members to the Weslaco 100 Committee, an ad hoc citizen board, to advise on the municipal strategic plan and centennial celebrations. Possible action. (Requested by City Manager’s Office.) Attachment. The City Manager stated that at the last meeting the Commission created the Weslaco 100 Committee and recommends by this resolution the appointment of institutional stakeholders with local, state, and federal elected officials as ex officio members. Mayor Wise stated that his wife, Erin Wise, was appointed to this committee a couple of years ago; City Manager clarified at the time Mrs. Wise was appointed there was no resolution establishing the committee. Commissioner Noriega requested the list of stakeholders be read aloud. Commissioner Fox requested the Lions Club be added to the committee. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve Resolution 2013-57. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, Resolution 2013-57 reads as follows: RESOLUTION NO. 2013 - 57

Minutes of the Regular Meeting of May 21, 2013

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A RESOLUTION OF THE CITY OF WESLACO ESTABLISHING THE WESLACO 100 COMMITTEE TO PREPARE WESLACO’S CENTENNIAL CELEBRATION AND STRATEGIC PLAN

WHEREAS, The City of Weslaco, Texas, founded 1919, will celebrate its centennial in 2019, and anticipates programs and activities befitting the occasion; and WHEREAS, This Commission finds merit in establishing an ad hoc citizen’s committee to solicit suggestions, make recommendations, and encourage participation toward the planning and facilitating of such programs and activities; and WHEREAS, After public meetings, all recommendations are required to be submitted to the Weslaco City Commission for approval; and WHEREAS, The Committee shall concurrently consider issues for the strategic growth of the City over the next 100 years, including planning/sustainable development, governance, health, transportation, education, economic development, public safety, parks, information technology, and housing; and WHEREAS, there shall be sixteen (16) members in the Weslaco 100 Committee who shall be appointed by the Weslaco City Commission and shall be resident citizens of the City of Weslaco. The term for each Committee member shall be for three (3) years and may be eligible for reappointment; WHEREAS, The Weslaco 100 Committee members shall serve without compensation NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT the Weslaco 100 Committee is hereby created and the representative and his or her designee from the following entities have been appointed: Weslaco Independent School District, South Texas College, Knapp Medical Center, Woodcrafters Home Products, LLC, HEB, Payne Auto Group, Texas Department of Public Safety, United States Border Patrol, Rotary Club, Elks Lodge, Lions Club, Weslaco Area Chamber of Commerce, Valley Nature Center, Weslaco Museum of Local History and Cultural Art, San Martin de Porres Catholic Church, and First Baptist Church; additionally the following elected officers have been named ex officio members: members of the Weslaco City Commission, Texas State Representative House District 39,Texas State Senator District 27, United States Representative District 15, and United States Representative District 34. PASSED AND APPROVED on this 21st day of May, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

Minutes of the Regular Meeting of May 21, 2013

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Weslaco City Commission Regular Meeting

C.

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Discussion and consideration to approve Resolution 2013-55 and Resolution 2013-56 to fill the unexpired terms of two members to the Parks & Recreation Advisory Board. Possible action. (Requested by Parks & Recreation Department.) Attachment. The City Manager stated this responds to the resignation of Erasmo Saenz. Mr. David Arce stated that City has not received a formal letter of resignation, however Chairman of the Board Edward Mejia confirmed he received a text message indicating Mr. Saenz’s intent to resign and recommended acceptance of his resignation. Commissioner Martinez, seconded by Mayor Pro Tem Cuellar, moved to approve Resolution 2013-55 appointing Mr. Ismael Quiroz Jr. to the Parks & Recreation Advisory Board. The motion carried unanimously; Mayor Wise was present, but not voting. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to accept the resignation of Mr. Erasmo Saenz from the Parks & Recreation Advisory Board. The motion carried unanimously; Mayor Wise was present, but not voting. For the record, Resolution 2013-55 reads as follows: RESOLUTION NO. 2013-55 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 Ismael Quiroz Jr. is appointed to serve an unexpired term on the Parks & Recreation Advisory Board and the term will begin on May 21, 2013 and end on March 5, 2015. PASSED AND APPROVED on this 21st day of May 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

II.

CONSENT AGENDA F.

Authorization to submit a grant application for funding not to exceed $125,000.00 for 36 months from the United States Department of Justice (COPS) Community Oriented Policing Services to hire two officers with the City responsible for a 25% cash match and authorize the Mayor to execute any related documents. (Requested by Police Department.) Attachment.

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Withheld from the Consent Agenda, the City Manager stated the COPS grant has been successful in the past with the hiring of new officers and has a reimbursement rate of 75% from the Federal Government. In response to Commissioner Noriega, Chief Kelley clarified the City originally hired three officers, but one was released from service. That grant already expired for the remaining two officers who have been placed on patrol. Commissioner Noriega asked if the funds from this grant could be used to continue to pay for the original two officers. Chief Kelley stated that the under the grant the City is required to fund the officers in their third year the next officers would have to be new hires. Chief Kelley requested authorization for Lt. Raul Vallejo to submit the application electronically. Mayor Wise agreed under the condition that the City Secretary be witness when the application is submitted. Mayor Pro Tem Cuellar, seconded by Commissioner Martinez, moved to authorize the submission of a grant application for funding not to exceed $125,000.00 per officer for 36 months from the United States Department of Justice (COPS) Community Oriented Policing Services to hire two officers with the City responsible for a 25% cash match and authorize the Mayor and designated staff to execute any related documents. The motion carried unanimously; Mayor Wise was present, but not voting. IV.

NEW BUSINESS A.

Discussion and consideration to approve the Final Plat of El Papalote Ranch Subdivision, being a 6.028 acre tract out of Farm Tract 310, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas and authorize the Mayor to execute any related documents. Possible action. (A three-fourths vote is required to approve in accordance with Code of Ordinances ยง150-20(d) as Planning & Zoning Commission recommended denial; Requested by Planning & Code Enforcement Department.) Attachment. The City Manager stated that this item constitutes a procedural issue as the developer has not submitted appropriate documentation for final plat approval. In response to Commissioner Noriega who referenced the LaFevre letter as enclosed in the agenda packet, Mr. Jeff Underwood stated that the proposed subdivision had several items still lacking despite the developer given three months, with many phone calls and emails, to rectify the missing items. The City Manager stated that the Planning and Zoning Commission and staff recommend denial of the final plat. The City Attorney stated that if the Commission chose to take no action on this item, it would be presumed as approved and advised it safer to deny the item and require the documentation lacking from the developer to be identified in the minutes. Mayor Pro Tem Cuellar, seconded by Commissioner Fox, moved to deny the Final

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Plat of El Papalote Ranch Subdivision, being a 6.028 acre tract out of Farm Tract 310, West and Adams Tracts Subdivision, Weslaco, Hidalgo County, Texas and to include with the minutes documentation transmitted to the to the developer and owner identifying the reasons for denial. The motion carried unanimously; Mayor Wise was present, but not voting. A three-fourths vote was satisfied. For the record, documentation transmitted is as follows:

B.

Discussion and consideration to approve the purchase of bulletproof vests through Texas State Contract pricing in an amount not to exceed $35,000.00 at no cost to the City and authorize 50% of the cost from Federal Equitable Sharing funds and 50% from the U.S. Department of Justice-Bureau of Justice Assistance Program (BJA) Bulletproof Vest Partnership Program (BVP), authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible

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action. (Requested by Police Department.) Attachment. The City Manager stated that item serves to replace bulletproof vests for the entire department. Commissioner Martinez, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. C.

Discussion and consideration to approve a budget increase for the airport runway extension with additional cost to the City not to exceed $137,931.00 to be equally cost-shared with the Economic Development Corporation of Weslaco as per an existing Development Agreement to accommodate proposed hangar construction, taxiway and runway repair, and sewer line replacement for more connections in the industrial park, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by Airport.) Attachment. The City Manager explained this item addresses the additional cost for the project. He went on to state that the original development agreement needed to be updated to bring it in line with the schedule for the construction of the hangers and the actual cost. In response to Commissioner Noriega, the City Manager clarified that the total cost is $7.2 million, with 90% from the state and with 10% local match of $223,952.00 to be evenly divided between the City and EDC. Commissioner Noriega expressed she would rather wait on approval until the EDC agrees to pay half the cost; the City Manager recommends acting on the item. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve a budget increase for the airport runway extension with additional cost to the City not to exceed $223,952.00 to be equally cost-shared with the Economic Development Corporation of Weslaco as per an existing Development Agreement to accommodate proposed hangar construction, taxiway and runway repair, and sewer line replacement for more connections in the industrial park, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. The motion carried (3-1) with Commissioner Noriega opposed; Mayor Wise was present, but not voting.

D.

Discussion and consideration to approve the long term lease agreement for the Boys and Girls Club Recreation Center between the City of Weslaco and the Weslaco Independent School District and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Facilities Department.) Attachment. The City Manager stated this represents a step forward in completing the grant with the Weslaco Independent School District providing the real estate at no cost. The City is responsible for the utilities and insurance; a separate agreement is in

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development with the Boys & Girls Club for those costs. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. V.

REPORTS A.

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

Status,

Upcoming

Meetings,

The City Manager stated the IT department is redesigning the City’s website to include more interactive and search features as well as the recabling of optic fiber lines. The Public Library is moving forward on its rain harvesting program. The Gus & Goldie swimming classes are starting and the HEB scoreboard has been installed with the help of Commissioner Rivera. The City Manager introduced Mr. Jeff Underwood as now leading the Planning and Code Enforcement Department. The City is moving forward with the lighting on Expressway 83 by working with TxDOT and a private contractor to repair inoperable lights. Mayor Wise asked that the City could look into creating pedestrian crosswalks on Border, Texas, Business 83 and Republic. B.

Report by the Economic Development Corporation of Weslaco. Attachment. Ms. Alicia Aguilar, Marketing Director, reported the Payne Auto Group Dealership is nearing completion. The LRGVDC just purchased the building on Railroad Street and will add 12,000 additional square feet. Praat Aviation is the only flight simulation in the region; GCR/Truck Center/Bridgestone, Arturo’s Bar and Grill, Longhorn Steakhouse, a new retail building, and El Gallo Loco are nearing construction completion. Blimpie America’s Sub Shop just opened, owned by a social enterprise whose profits go to affordable housing project “Esperanza on 5th.” Ms. Aguilar presented photographs of a dilapidated structure on Texas Blvd and stated that EDC is prepared to assist the City in removing the building. Over 300 postcards have been mailed to Jason’s Deli to convince them to locate in the City. The grand opening for the Valley Nature Center has been scheduled for August. Al Fresco will be held on Thursday and will feature Sass and Brass. Ms. Aguilar reported that the City had a $1.0 million month for retail sales tax and year to date we are 8.5% ahead of last year’s receipts. Commissioner Fox announced a press conference will be held in Weslaco on June 1st or 2nd for local professional boxer Omar Figueroa to announce his upcoming fight.

C.

Report on Hidalgo County Vote Centers. Attachment. Ms. Elizabeth Walker reported on an initiative proposed by the Hidalgo County Commissioners Court to adopt Vote Centers for the upcoming November elections, which operate like early voting centers but remain in operation through the election.

Minutes of the Regular Meeting of May 21, 2013

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The ballot is assigned to the voter rather than the location, so on elections day a voter would be able to cast a ballot at any vote center within Hidalgo County. VI.

PUBLIC COMMENTS There were no comments received.

VII.

EXECUTIVE SESSION At 6:28 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:54 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public.

VIII.

POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION A.

Pending Litigation – Discussion with City Attorney regarding C-2317-13-H Division 16 Construction Corporation, Plaintiff, v. City of Weslaco, Defendant as authorized by §551.071 of the Texas Local Government Code. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to authorize Mr. Keith Livesay to file an answer in C-2317-13-H Division 16 Construction Corporation, Plaintiff, v. City of Weslaco, Defendant. The motion carried unanimously; Mayor Wise was present, but not voting.

B.

Pending Litigation - Consult with City Attorney regarding Cause No. C-081-13 B, Weslaco Health Facilities Development Corporation v. Knapp Medical Center, et.al. as authorized by §551.071 of the Texas Government Code. There was no action on this item.

C.

Contract Negotiations - Discussion with the City Manager and City Attorney relating to Operations Management International, Inc. (OMI) as authorized by §551.071 of the Texas Government Code. Mayor Pro-Tem Cuellar left the dais, followed by Commissioner Noriega. The absence of a quorum was noted; Mayor Pro-Tem Cuellar returned to the dais. Commissioner Fox, seconded by Commissioner Martinez, moved to direct the City Manager and City Attorney to send a letter of termination of contract to OMI. The motion carried unanimously; Mayor Wise was present, but not voting. Mayor Pro Tem Cuellar stated that the contract is set to expire on October 1st and this action is to preserve the City’s ability to negotiate.

D.

Contract Negotiations – Discussion with the City Manager and City Attorney relating to the City’s rights, duties, privileges, and obligations in connection to the Collective Bargaining Agreement with the IAFF-WFFA Local 3207 as authorized by §551.071 of the Texas Government Code.

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There was no action on this item. E.

Potential Litigation/Personnel – Discussion with the City Manager and City Attorney regarding separation of municipal employees as authorized by §551.071 and §551.074 of the Texas Government Code. There was no action on this item.

IX.

ADJOURNMENT

With no other business before the Commission, at 9:57 p.m. Commissioner Fox, seconded by Commissioner Martinez, moved to adjourn the May 21, 2013 regular meeting. The motion carried unanimously; Mayor Wise was present, but not voting. CITY OF WESLACO

MAYOR, Miguel D. Wise ATTEST:

CITY SECRETARY, Elizabeth M. Walker

MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox

COMMISSIONER, Olga M. Noriega (absent) COMMISSIONER, Gerardo “Jerry” Tafolla (absent) COMMISSIONER, Lupe Rivera

COMMISSIONER, Joe A. Martinez

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Standardized Agenda Request Form

Date of Meeting: June 4, 2013

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

From (name, title, department and who submitting on behalf of, if any): Arnoldo Becho, Library Director, Weslaco Public Library Subject: Request by the Mayor Joe V. Sànchez Public Library to accept meals at no charge from Weslaco Independent School District Food Services Department and the Summer Feeding Program established thru the Texas Department of Agriculture for distribution to school age children within the 2013 Summer Reading Program. Discussion: The Mayor Joe V. Sànchez Public Library (MJVSPL) would like to request permission to accept meals at no charge for distribution to school age children. For the 4th summer in a row the MJVSPL would like to participate as a distribution site within the Summer Nutrition Program. Meals are provided by the WISD Food Services Department and the Texas Department of Agriculture. Participation in the 2013 Summer Reading Program is not required. This program was very successful last year and thousands of free, healthy meals were distributed to Weslaco children. 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): None Recommendation for Commission Action: The MJVSPL recommends approval. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): None. Responsibilities upon Approval: None


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II. C.


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Weslaco Health Facilities Development Corporation Weslaco Mid-Valley Airport Committee

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

character X X

public officer

age

residency

citizenship X X

X X X adult

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

taxpayer/property owner X

X

qualified voter X

X

management experience

no litigation X

# members 3+ 7

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

term length (st = staggered) 6 yrs st3yr

2yr 4yr 2yr

meeting schedule

term limits

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

# quorum 4 4

X

Defined Duties

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

governing statutes

Member Qualifications deisgnated final authority

subject interest

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

appointing authority CC CC

CC CC CC CC appt by CM, confirm by CC 4 from CC, 3 at large; confirm by CC appt by Mayor CC appt by Mayor, confirm by CC CC CC CC CC

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

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

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

City:

State:

How many years have you lived at this residence?

Do you own this house? [ ] Yes or [ ] No Preference for consideration, naming committees on which you desire to serve: 1.) 2.) 3.) List of Civic Involvement and Business Experience:

Have you been bonded or eligible to obtain one? [ ] Yes or [ ] No Are you related to any member of the Commission? [ ] Yes or [ ] No Have you previously served on a City board? [ ] Yes or [ ] No Have you ever been elected to public office? [ ] Yes or [ ] No Do you consent to release this info to the public? [ ] Yes or [ ] No The statements I have made on this Application for Service are truthful and I am not disqualified to serve due to nepotism, City of Weslaco Charter or Ordinances or State of Texas laws. Applicant’s Signature:

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

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


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LAST NAME TERM EXPIRES Flores, III 10/5/2014 Robles Jr 9/20/2015 Garcia 9/19/2015 Quiroz 3/5/2015 Lopez 10/19/2013 Mejia 9/20/2015 Ayala 9/20/2014

TERMS SERVED 3 2 0 0 0 0 0

Ochoa

Gloria

Updated 52213 by mv

Cardenas

Saenz

Lazaro "Larry"

Bernard

LAST NAME Cabanas Reyna Garza III Flores Lopez Guajardo Cavazos

FIRST NAME Alfonso Javier Luciano S "Chano" Ramiro Leticia Felix Johnny

109 W. 18th Street

2300 South Border

956-756-4999

720 S. Missouri

956-463-0551

ADDRESS 1019 Honeytree 1702 Christian Ct 1704 W Sixth St 800 W 7th St 1315 Clifton 3402 N. Mile 4 West 2100 Ashley Dr.

HOME 956-969-5873 956-472-5591 956-854-4042 956-373-0877 956-490-5559 956-463-0350 956-975-4560/ 472-2961

Lupe Garcia replaced Daniel Moreno unexpired term Richard Lopez replaced Anabell Cardona unexpired term Ismael Quiroz replaced Erasmo Saenz unexpired term

FIRST NAME Juan J. Rolando G Lupe Ismael Richard Edward Greg

PARKS & RECREATION ADVISORY BOARD

ggochoa69@yahoo.com

berniesaenz84@gmail.com

larrycardenas64@yahoo.co

letty@lgconcrete.com gturfs6313@aol.com jcavazos@woodmen.org

ryn_jvr16@yahoo.com

E-MAIL ADDRESS

CONTACT NUMBER 968-8417 or 984-3082 956-756-2429 956-650-0024 956-532-7539 956-373-0162 or 472-1311 968-0837 956-240-3670

5/17/2013

5/17/2013

4/19/2013

APPLICATION DATE 01/02/03 01/07/10 05/24/06 09/06/12 09/18/12 4/2/2013 4/18/2012

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RESOLUTION NO. 2013-56 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 an unexpired term on the Parks & Recreation Advisory Board and the term will begin on __________________, 2013 and end on _____________, 20___. PASSED AND APPROVED on this 4th day of June 2013. CITY OF WESLACO Miguel D. Wise, MAYOR ATTEST:

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

Ramon Vela, CITY ATTORNEY


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): 06-04-2013 IV. A. From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, City Engineer, Planning and Code Enforcement and Erasmo P. Lozano, Public Facilites Director Subject: Authorization to enter into interlocal agreement with Hidalgo County Precinct 1for the repaving of Mile 9 North Rd east of FM 1015 for an amount not to exceed 28% of the total project cost. Discussion: Project consists on paving improvements over Mile 9 North from FM 1015 to Mile 2 West. Overlay paving will be performed on 4,264 feet with 1 ½” of HMAC (Hot-Mix Asphalt Concrete). In addition, 971 feet will be reconstructed with 1 ½” HMAC and 4” of compacted base. Fiscal Note: Amount: 28% of total Term of Impact: [#] year(s) Identified in Current Budget: No 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: Approval

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Responsibilities upon Approval: Staff will notify Hidalgo County Pct. 1.


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STATE OF TEXAS COUNTY OF HIDALGO

§ § §

INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WESLACO, TEXAS AND THE COUNTY OF HIDALGO, TEXAS THIS Agreement is made on this the 2013, by day of and between the CITY OF WESLACO, TEXAS, hereinafter referred to as “City”, and the COUNTY OF HIDALGO, TEXAS, hereinafter referred to as “County”, pursuant to the provisions of the Texas Interlocal Cooperation Act, as follows: WITNESSETH: WHEREAS, Weslaco is a home rule municipality located in Hidalgo County, Texas; WHEREAS, County is a county in the State of Texas; WHEREAS, City and County, each pursuant to its statutory and constitutional authority, are responsible for maintenance and improvements of certain public roadways within their boundaries; WHEREAS, Mile 9 from Mile 3 West to Mile 2 West is an important and critical integral infrastructure connecting link corridor within Hidalgo County (the “Road”); WHEREAS, a portion of the Road is within the corporate limits of Weslaco, while the remaining segment is within County jurisdiction; WHEREAS, the Road serves as a connecting link and an integral part of the County road system and such improvements to the Road are in the best interest of the County and City; WHEREAS, City and County are authorized to enter into this Agreement pursuant to the Interlocal Cooperation Act, Texas Govt. Code 791 001 et seq., which authorizes local governments to contract with each other to perform governmental functions and services under the terms of the Act, and pursuant to the County Road and Bridge Act which authorizes counties to improve roadways within the limits of a city with the city’s consent. NOW, THEREFORE, City and County, in consideration of the mutual covenants expressed hereinafter, agree as follows: 1. The County and City agree to share the costs for materials in the respective percentages of the portion of the Road located within the municipal limits of City 1


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and County jurisdiction, being twenty eight percent (28%) for the City’s percentage and being seventy two percent (72%) for the County’s percentage. County will provide all engineering and labor necessary for improvement of the Road at County’s sole expense. The engineer’s probable cost estimate for materials for the improvements to the Road is attached here as Exhibit A. 2. The City consents to County providing a share of costs for materials and performing the labor within the corporate limits of City. 3. The parties agree that City and County will each inspect and accept the Road prior to declaring the work completed. 4. The parties further agree that upon completion of the improvements, each party shall be responsible for the maintenance and operation of the Road within each party’s respective jurisdiction. 5. Pursuant to Tex. Trans. Code 251 .012, authorizes County to perform the work and services described herein within its corporate city limits. 6. City agrees to pay County the City’s portion of the cost of the materials within thirty (30) days after receiving County’s invoice for twenty eight percent (28%) of cost of the materials 7. Conflict with 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 thereof, 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 times such conflict exists. 8. 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.

9. 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 City and County, and not otherwise. 10.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

2


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created hereunder are performable in Hidalgo County, Texas. The parties hereby consent to personal jurisdiction in Hidalgo County, Texas. 11. 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 (ii) 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 Weslaco:

City of Weslaco Attention: City Manager 225 S. Kansas Ave. Weslaco, Texas 78596

If to County:

County of Hidalgo Attention: County Judge Ramon Garcia P.O. Box 758 Edinburg, Texas 78540-0758

With copy to:

Commissioner A.C. Cuellar, Jr., Precinct No.1 1912 Joe Stephens Avenue Weslaco, Texas 78596

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. 12.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.

13. 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. 14. Assignment. This Agreement shall not be assignable. 15. 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.

3


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16.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 so often as may be appropriate. 17. Authority to Execute. The execution and performance of this Agreement by City and County have been duly authorized by all necessary laws, resolutions or corporate action, and this Agreement constitutes the valid and enforceable obligations of City and County in accordance with its terms. 18.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. 19.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 day and year first written above.

[SIGNATURE PAGE TO FOLLOW]

4


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THE CITY OF WESLACO Miguel Wise, Mayor ATTEST: City Secretary APPROVED AS TO FORM:

COUNTY OF HIDALGO ATTEST: Ramon Garcia, County Judge Arturo Guajardo, Jr., County Clerk APPROVED AS TO FORM: ATLAS, HALL & RODRIGUEZ, LLP By: Stephen L. Cram

5


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STATE OF TEXAS COUNTYOFHIDALGO

ยง ยง ยง

APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT In accordance with Texas Government Code ยง791.014, Hidalgo County, Texas, acting by and through the Hidalgo County Commissioners Court, has been advised of a proposed project to desire to improve Mile 9 from Mile 3 West to Mile West through an Interlocal Cooperation Agreement to be entered into with the City of Weslaco, Texas, and Hidalgo County. By vote on____________ 2013, the Hidalgo County Commissioners Court has approved the Project identified above.

By: Ramon Garcia, County Judge ATTEST:

Arturo Guajardo, County Clerk APPROVED AS TO FORM: ATLAS, HALL & RODRIGUEZ, LLP

By: Stephen L. Cram

6


511612013

i

EXHIBIT

Estimaton Raul E. Sesin, PE, CR4 Prepared By: C.Perez DATE:$116h3

Mile 9 Road Improvements

HIDAL.GO COUNTY PRECINCT No.1 PROJECT #

ENGINEER’S PROBABLE COST ESTIMATE Weslaco City Commission Regular Meeting Page 40 June 4, 2013


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): 06-04-2013 IV. B. From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: Direct the Planning and Code Enforcement Department to prepare service plans for the involuntary annexation of 17 tracts of land as described below: Discussion: The preparation of a service plan is the first step in the involuntary annexation process. Staff estimates a 60 day completion schedule for the service plan at which time property owners in the areas proposed to be annexed will be notified of 2 public hearings where the service plan will be presented and property owners in the affected areas will have an opportunity to speak on the proposed annexation. The annexations are currently scheduled to be completed in November. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: 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: Direct staff to prepare a service plan.

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

Responsibilities upon Approval: Planning and Code Enforcement staff will work with other City Departments in the preparation of the service plan and the cost impact of providing services to the areas proposed for annexation.


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Tract 1: A tract of land containing 84.64ac situated in the County of Hidalgo, Texas, being a part or portion of farm tracts 168,169 and 170, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 2: A tract of land containing 139.51ac situated in the County of Hidalgo, Texas, being a part or portion of farm tracts 155,156,159 and 160, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 3: A tract of land containing 87.26ac situated in the County of Hidalgo, Texas, being a part or portion of farm tracts 154,161,166 and 167, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 4: A tract of land containing 154.30ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 128,141,172,208 and 209, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 5: A tract of land containing 182.71ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 186,183,174,173,184,172 and 185, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 6: A tract of land containing 160.09ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 197,198,199 and 200, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 7: A tract of land containing 159.94ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 230,231,232 and 233, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 8: A tract of land containing 193.20ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 234,235,236,237 and 191, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 9:


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A tract of land containing 207.10ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 182,187,191,192,193 and 194, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 10: A tract of land containing 319.94ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 175,176,177,178,246,247,248 and 249, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 11: A tract of land containing 80.06ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 250 and 251, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 12: A tract of land containing 240.31ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 111,112,113,114,252 and 253, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 13: A tract of land containing 239.82ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 1030,1031,1032,1034,1035,1036 and 1100, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 14: A tract of land containing 200.74ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 1020,1021,1022,1023,1024,1025,1098,1099 and 1100, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 15: La Paloma de las Sombras Subdivision, a subdivision containing 10.00ac of land and being part of Farm Tract 705, Block 136, West Tract Subdivision, Llano Grande Grant, as recorded in Volume 2, Pg. 34-37 of the Map Records in the office of the County Clerk of Hidalgo County, Texas Tract 16: A tract of land containing 410.84ac situated in the County of Hidalgo, Texas, being a part of portion of farm tracts 32,32-B,36 and Ranchitos de Progreso Phase 1 , West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 17: A tract of land containing 35.88ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 799,800 and 804 West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records


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IV. C.


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): June 4, 2013 IV. E. From (name, title, department and who submitting on behalf of, if any): David Salinas, Public Utilities Director Subject: Purchase of two (2) 2013 Ford F-150 Regular Cabs Discussion: Discussion and Consideration to approve the purchase of two (2) 2013 Ford F-150 Regular Cabs to use as utility vehicles for the Meter Division for the amount not to exceed $18,116.00 each from Caldwell Country and authorize the mayor to execute all related documents and budget amendments as required. Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: n/a If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: n/a Advisory Review, if any (name of board/committee, date of action, recommendation): n/a Recommendation for Commission Action: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Price Quote # 00A1 from Caldwell Country Responsibilities upon Approval: City Secretary office will forward all executed documents to the Public Utilities Department.


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pecan_grove-park.dgn 5/31/2013 11:59:13 AM

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RESOLUTION NO. 2013 - 58 A RESOLUTION OF THE CITY OF WESLACO, TEXAS TO ENTER INTO EMINENT DOMAIN PROCEEDINGS FOR PURPOSE OF ACQUIRING REAL ESTATE TO CONSTRUCT AIRPORT IMPROVEMENTS

WHEREAS, The City of Weslaco City Commission has jointly entered into a contract with the Texas Department of Transportation, Aviation Division, to expand and make improvements at the Weslaco Mid Valley Airport (TxDOT Project # 1221WESLA); and WHEREAS, The project requires the acquisition of 10.39 acres in combined fee simple and avigation easement interest for runway expansion and other improvements; and WHEREAS, The property has been appraised, but the land owners, Bruce Edwards and Jose Alanis, have rejected the offer price as determined by the appraisal; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS hereby enter into eminent domain proceedings for the acquisition of the 10.39 acres needed for TxDOT Project # 1221WESLA and retains counsel to take action on behalf of the City of Weslaco, Texas, and the State of Texas, and authorizes its Mayor to execute all documents and undertake all action required by the State of Texas to initiate and finalize said proceedings. PASSED AND APPROVED on this 4th day of June, 2013. CITY OF WESLACO ___________________________________ Miguel D. Wise, MAYOR ATTEST: ___________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY


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City of Weslaco “The City on the Grow”

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

City Manager’s Report 4 June 2013 Departmental Update • Airport/Homeland Security Department o The Department conducted a Hurricane Table Top Exercise with Department Directors in preparation of hurricane season. o The Department will be meeting with Commissioner Martinez and the City Manager to discuss the rerouting of the AEP electrical line in order to complete the grid structure supporting the industrial park. o The National Weather Service will be conducting a one day Hurricane Presentation at City Hall on May 29. • City Secretary’s Office o Under Texas law, a child born to a man and woman who are not married has no legal father. There is a difference between a biological father and a legal father. When the child's parents complete an Acknowledgment of Paternity (AOP) to establish legal fatherhood, this helps to secure the legal rights of the child. The AOP uses a state-issued form to document mutual consent between mother and father; in some cases, an additional signature may be required when the presumed legal father is not the biological father. o The City Secretary’s Office has facilitated 41 AOPs to date this fiscal year as a free service since about half the birth certificates filed in this region do not identify the father. In most cases, the AOP is conducted in an appointment shared by the mother and father; occasionally, when sensitivity warrants, appointments are held for mother and father separately. Always, the appointments and their documentation are treated confidentially. Four members of the CSO staff are certified to conduct the AOP. o Until paternity is established, Courts cannot order a father to pay child support and the father cannot enforce his right to visitation or possession of the child. However, establishing paternity does not compromise the child’s eligibility to receive money through a government program, such as Social Security, veteran's benefits, health care, or other social service benefits. o For more information, visit https://www.oag.state.tx.us/ag_publications/txts/paternity.shtml •

Finance Department o The Finance Department continues to work with the auditors at Garcia & Pena, Certified Public Accountants in order to complete the September 30, 2012 audit. In


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o o

o

o

o

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addition, the department is working with BBVA Compass Bank to implement additional financial security measures to protect the financial resources of the City. Department staff has been analyzing the OMI, Allied Waste and electricity contracts and expenses. Staff is working with the Texas Department of Public Safety to finalize Hurricane Dolly grants in order to receive final payment. Other grants including the General Land Office and Border Star are also being coordinated to receive payment. The Purchasing Division has been working on large purchases including Police Department equipment, internet service, and the library remodeling. The division is also working on the next auction. The auction is tentatively scheduled for July 7, 2013. We are currently in the process of developing a document digitizing plan that will decrease the amount of files stored and give staff immediate access to accounts payable, payroll, grants, contracts and other financial data. Ms. Sonia Flores was hired as the new Grants Compliance Coordinator.

Fire Department o No report.

Information Technology Department o Installing HDTV’s in both City Hall and Public Facilities for meetings, trainings and webinars. o Working closely with Public Facilities on a test pilot of GPS Heroes, a Verizon partner, to test GPS (Global Positioning System) on various units from our fleet. This will allow us to better manage our fleet. o Continuing to work on our new CMS (Content Management System) or website. o Continuing to work closely with SmartCom to build the new fiber network that will connect all remote facilities to City Hall, rendering faster more reliable internet at reduced costs. o Continuing to re-cable the Police Department’s network. o Working closely with Library to build their new mobile application. o Working closely with Police Department to implement CRASH (Crash Reporting and Analysis for Safer Highways), an online system that automates car accident reports generating for officers, directly from their units. This service is free.

Library Department o The Mobile Solutions Grant was approved for another fiscal year and the library will now be able to run the program at no cost until August 2014. This grant funds development and maintenance of a mobile application for the customers of the library to use within their phones and tablet computers. o Upgrades were made to the library’s wireless internet service. The library usually has between 250 and 300 individuals login to their wireless network on a given day. These individuals will now have a faster and more reliable connection.

“The City on the Grow”


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Parks/Recreation o Started registration for the Gus and Goldie Program, and the Swimming Program. We will offer a free meal program for breakfast and a snack during pool hours for kids between ages 1-18. o The Department hired 10 lifeguards for city pools and is in the process of hiring 8 more under the Gus and Goldie Program. o The grass in the parks is looking better due to the rain we’ve had in the last few weeks. o The PONY league is planning a Regional tournament for early July to be held at Weslaco City Park. This tournament will involve up to 50 teams, to include teams from Laredo, Corpus Christi, and the Rio Grande Valley.

Planning /Code Enforcement o A Preconstruction Conference was held on May 20 for the rain harvesting project at the library; substantial completion of the project is anticipated by June 30. o Traffic counters have arrived; the counters will be utilized in earnest the week of June 3. o Vector Control began this week and will continue until further notice. The majority of the spraying has been conducted late at night, as the weather allows. o City staff is working on possible grant opportunities for the construction of Westgate Avenue from Mile 9 North to Mile 11 North, with Hidalgo County Precinct 1 and TEDSI, the project engineer.

Police Department o No report. ` Public Facilities o The Department has focused on filling potholes, and cleaning debris and drainage inlets. o Cleaned ditches and cut brush along the south side of the City’s drainage areas. o We have initiated construction of additional portable stop signs that are needed during bad weather. o Carpentry and electrical work was completed at the Texas A&M Citrus Center Classroom. The renovation of the building included the following:  Electrical and computer wiring  Restoration of all walls, ceiling and flooring  Air condition system  Removed and replaced doors and entrance frames o Phase II: Restrooms and kitchen renovation has been initiated. All materials are being furnished by the Center. The City is only inputting the labor as an agreement for G.I.S. training for City employees and allowing the City to omit dues for 1 year. o Senator Eddie Lucio’s office is being renovated:  Removal of water damaged floor and carpet. Installing ceramic tile.  Painting the office area, hallway, and restrooms.

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o Park Maintenance:  Completed cleaning and recondition of Rodriguez Park Swimming Pool.  Power washed entire facility  Repainted pool area  Removed and replaced all tile on kiddie pool  Removed and replaced lifeguard’s shade canopies  Initiated Swimming pool cleaning and reconditioning for the upcoming season at Gibson Park. •

Public Utilities Department o JF Utilities and City personnel will deliver water disruption notices to all customers that will be affected by a planned 12 inch water main connection at the intersection of South Border Avenue and W 18th Street. John Knox Village will be affected. o Rehab of Lift Station 36 is 90% complete pending electrical and control system. o A closure plan is under development to abandon the backwash water detention ponds.

Upcoming Meetings & Events o Texas City Attorneys Association Summer Conference (June 5-7; South Padre Island) o City Managers' Congressional Delegation (June 18-20; Dallas) o Xperience Efficiency (June 18-20; Dallas) o Texas City Managers Association Annual Conference (June 20-23; San Marcos) o NALEO 30th Annual Conference (June 27-29; Chicago, Illlinois)

Public Feed Back o 606 people have signed Mary Celaya's petition "City of Weslaco, TX: , Get liscensed and implement an adoption program for "Animal Control" in your City." on Change.org.

Media o WISD agrees on $160K settlement (The Mid-Valley Town Crier, May 14) o Weslaco fire union finds more financial discrepancies (The Monitor, May 16) o Weslaco leaders mull city operation of water, wastewater (The Monitor, May 20) o Weslaco EDC to take over visitor center (The Mid-Valley Town Crier, May 28)

“The City on the Grow”


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MEMORANDUM TO: FROM: RE: DATE:

Leo Olivarez, City of Weslaco Elvia C. Lopez 83RD Legislative Session May 23, 2013

HB 1090-By Martinez- Relating to the creation of Texas Task Force 1 Type 3 Rio Grande Valley. PASSED SB 14/HB 14-By Williams-Relating to the fiscal transparency and accountability of certain entities responsible for public money BOTH KILLED ON POINT OF ORDER HB 1028 By Munoz-Relating to expedited release from a certificate of public convenience and necessity for water and sewer service for certain landowners IN COMMITTEE

DIED

HB 1364 By Lucio III- Relating to the local control of the conditions of firefighters' employment in certain municipalities DIED IN COMMITTEE HB 711 By Murphy- Relating to the computation of an electric utility's income taxes DIED IN COMMITTEE SB 1364-By Schwerter-SAME AS HB 711- Relating to the computation of an electric utility's income taxes PASSED HB 1716 By Pickett- Relating to the purposes and designation of a transportation reinvestment zone DIED IN COMMITTEE SB 1110-By Nichols-, SAME AS HB 1716- Relating to the purposes and designation of a transportation reinvestment zone PASSED-EFFECTIVE 9-1-2013 HB 2996-By King-Relating to regulation by the Texas Commission on Environmental Quality of the land application of Class B sludge. KILLED ON POINT OF ORDER

Elvia Caballero Lopez P. O. Box 2670  Austin, Texas 78767-2670  eclopez327@aol.com Tel: 512.731.5388  fax: 512.280.7207


Weslaco City Commission Regular Meeting

Page 73 June 4, 2013

MEMORANDUM TO: FROM: RE: DATE:

Leo Olivarez, City of Weslaco Elvia C. Lopez 83RD Legislative Session May 30, 2013

Major Issues - The Texas legislature adjourned Sine Die on Monday, May 27th, almost all of the session’s important issues were addressed. Here is a run-down of the major issues taken up by the 83rd Legislature: Budget – SB 1, the appropriations bill, passed and is on its way to the governor. It appropriates $98.2 billion for fiscal year 2014 and $98.7 billion for fiscal year 2015 (a 3.7% increase over the current biennium). SJR 1 will go to the voters on November 5, 2013. It establishes the State Water Implementation Fund as a constitutionally dedicated fund for implementation of the state water plan. HB 1025, the supplemental appropriations bill, also passed and is heading to the governor’s desk. It appropriates $5.4 billion including $2 billion for water (contingent on the passage of SJR 1), and an additional $200 million for public education. HB 7, the fiscal management bill, passed and is headed for the governor’s desk. Economic Development – HB 3390, extending the Texas Economic Development Act, which is scheduled to expire in 2014, to December 1, 2022. Environment – HB 4, The bill would provide local entities with subsidized financing for projects eligible for TWDB funding. Based on a hypothetical SWIFT portfolio model provided through the House Committee on Natural Resources, it is estimated that approximately $750 million in new assistance would be provided each year beginning in fiscal 2015. According to TWDB, this would provide for approximately 30 projects to be financed annually, The bill would provide that the Texas Water Development Board (TWDB) be composed of three full-time members rather than six part-time members and meet certain requirements. The bill creates the State Water Implementation Fund for Texas (SWIFT) and the State Water Implementation Revenue Fund for Texas (SWIRFT), each as a special fund in the state treasury outside the General Revenue Fund to be used without further legislative appropriation by TWDB to

Elvia Caballero Lopez P. O. Box 2670  Austin, Texas 78767-2670  eclopez327@aol.com Tel: 512.731.5388  fax: 512.280.7207


Weslaco City Commission Regular Meeting

Page 74 June 4, 2013

finance projects in the state water plan. The bill includes various provisions related to the funds and to special accounts that could be established by TWDB. The funds could consist of money transferred or deposited by law; the proceeds of any fee or tax imposed by the state; other revenue dedicated by the Legislature; and investment and interest earned on the balance of the funds. The SWIFT may receive money transferred to the fund under a bond enhancement agreement (BEA). The SWIRFT may receive the proceeds from the sale of certain bonds, payments of loans made from the fund, money from the sale, transfer or lease of certain projects, and money disbursed to the fund from the SWIFT. The SWIFT would be held and managed by the Texas Treasury Safekeeping Trust Company (TTSTC) for, and in the name of, TWDB. The TTSTC may charge fees consistent with other fees it, has been sent to the governor. SJR 1- Establishes a constitutionally-dedicated water infrastructure fund, will go to voters on November 5th, 2013. With the Legislature's passage of SJR 1 in the final week of the 83rd regular session, voters will get an opportunity in November to approve a constitutionally dedicated revolving loan fund for water infrastructure projects. Lawmakers also passed a companion bill, HB 1025, that will jump-start the program with $2 billion from the state's rainy day fund. Higher Education- SB 24, which establishes a new university in South Texas within the University of Texas System has been sent to the governor Human Resources/Employment – SB 21, requiring drug screening as a condition for the receipt of unemployment compensation benefits, passed and is on its way to the governor Tax – HB 500, the omnibus franchise tax reform bill, passed in spite of a threatened filibuster in the Senate and several points-of-order raised in the House. It provides for a $1 million deduction and a 2.5% franchise reduction for all businesses. If the comptroller certifies that funds are available, will provide a 5% across -the-board franchise tax reduction for all businesses in the second year of the biennium. HB 800, the research and development tax incentive bill, has passed and been sent to the governor. HB 3121/HJR 133, providing an increase in the goods-in-transit Freeport exemption on a local option basis, passed. HB 3121 has been sent to the governor. HJR 133 will be submitted to the voters on November 5, 2013. HB 1133, establishing a refund procedure for sales taxes paid on telecommunications equipment, has been sent to the governor.

Elvia Caballero Lopez P. O. Box 2670  Austin, Texas 78767-2670  eclopez327@aol.com Tel: 512.731.5388  fax: 512.280.7207


Weslaco City Commission Regular Meeting

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Immediate Special Session – Just moments after the Senate and House adjourned the regular session, Governor Rick Perry announced a special session of the Texas Legislature to begin at 6:00 p.m. He called legislators into special session to consider the following issue: “Legislation which ratifies and adopts the interim redistricting plans ordered by the federal district court as the permanent plans for districts used to elect members of the Texas House of Representatives, Texas Senate and United States House of Representatives.” Every 10 years, the Texas Legislature goes through a legislative process to redraw district boundaries to consider growth and population changes in the state. The maps drawn in 2011 are still pending in the court system due to concerns with discriminatory practices being used in directing the new political districts.

Elvia Caballero Lopez P. O. Box 2670  Austin, Texas 78767-2670  eclopez327@aol.com Tel: 512.731.5388  fax: 512.280.7207


PUBLIC FACILITIES Mr. Erasmo Lozano

Active Projects

FIRE Fire Chief Cuellar

Library Space Utilization

Potential Active Projects Internet Connection/Equipment

Library Restroom Renovation Rainwater Harvesting Pilot Mobile Website Internet Connection/Equipment Telephone / Computer / Maintenance

LIBRARY Mr. Arnoldo Becho

Potential Active Projects City Park Recreational Trail Recreation Improvement: Baseball Park Addition Recreation Improvement: Dog Park Addition

Active Projects Boys and Girls Club Facility at Horton School Campus Rio Grande Valley Nature Center

PARKS & RECREATION Mr. David Arce

Las Brisas Detention Pond Feasibility Study / Phase 1 La Placita Park Restrooms South Detention Pond Feasibility Study / Phase 1 Potential Active Projects None at this time

Active Projects

Stand-By Generators Water/Sewer Improvements Recycle Line Potential Active Projects Water/Sewer Improvements Nine (9) Project Information Forms (PIFs) Submitted

Universal Service Fund Urban County Program/CDBG / 2013

Urban County Program/CDBG TCEQ / TAMUK Texas State Library Universal Service Fund Universal Service Fund

Texas Department of Parks & Wildlife Texas Rangers Foundation Petco Foundation

Texas Department of Parks & Wildlife Texas Department of Parks & Wildlife

FEMA / Texas Department of Public Safety Urban County Program / CDBG FEMA /Texas Department of Public Safety

Urban County Program / CBDG 2013 Texas Water Development Board

Texas General Land Office / HUD Urban County Program / CDBG

FUNDING SOURCE

A Active Projects 1 Staffing for Adequate Fire and Emergency Response (SAFER) FEMA / U.S. Department of Homeland Security 2 TIFMAS Program Training Tuition Reimbursement Texas A&M Forest Service

V

A 1 2 3 4 5 B 1 2

IV

A 1 2 B 1 2 3

III

A 1 2 3 B 1

II

1 2 B 1 2

A Active Projects

PUBLIC UTILITIES

I

Mr. David Salinas

CITY DEPARTMENT

TEM

$ $

$ $ $ $ $

$ $

$ $ $

$ $

1,035,000.00 760.00

118,216.30 17,226.00 10,000.00 124,079.00 235,583.00

567,890.00 400,000.00

116,250.00 71,300.81 118,473.00

600,000.00 240,000.00

AWARD

567,890.00 400,000.00

38,750.00 NONE 39,491.00

109,200.00 NONE

$

1,342,791.00

NONE IN-KIND LABOR NONE $ 12,500.00 $ 23,600.00

$ $

$

$

$

MATCH

1/19/2008 2/4/2013

2/1/2011 10/4/2011 1/28/2013 7/1/2012 7/1/2011

8/31/2009 8/15/2007

9/15/2011 9/30/2012 9/15/2011

9/30/2009 FY 2010

START

CITY OF WESLACO SPONSORED PROJECTS REPORT AS OF May 29, 2013 (FY 2012-2013)

1/19/2013 4/17/2013

12/31/2013 7/31/2014 6/30/2013 8/31/2013 10/1/2013

7/31/2013 6/30/2013

9/16/2012 12/10/2012 9/16/2012

12/31/2013 FY 2014

END

BEING CLOSED CURRENT

20% COMPLETE 25% COMPLETE 10% COMPLETE 95% COMPLETE 75% COMPLETE

25% COMPLETE 75% COMPLETE

100% COMPLETE 100% COMPLETE 100% COMPLETE

50% COMPLETE 25% COMPLETE

STATUS

Will be meeting with David week of 5/31/13.

NOTES

Weslaco City Commission Regular Meeting Page 76 June 4, 2013


A 1 2 B 1

VII

GRAND TOTALS

Hurricane Dolly Monitoring, Clean-up & Overtime Potential Active Projects None at this time

Active Projects Runway Extension Design and Land Acquisition

AIRPORT / EMERGENCY MANAGEMENT Mr. George Garrett

Local Border Security Program 2012 Bulletproof Vest Partnership Grant 2009 Bulletproof Vest Partnership Grant 2011 Potential Active Projects Local Border Security Program 2013 Operation Stone Garden 2013

Texas Department of Transportation (TXDOT) FEMA - Texas Department of Public Safety

Texas DPS Dept. of Emergency Management U.S. Department of Justice

Texas DPS Dept. of Emergency Management US Department of Justice US Department of Justice

2 3 4 B 1 2

Local Border Security Program 2011

U.S. Department of Justice Texas DPS Dept. of Emergency Management

Assistance to Firefighters Grant Program (AFG) Fire Prevention and Safety Grant

Texas A&M Forest Service

1 Community Oriented Policing Services (COPS)

POLICE Police Chief Kelley

TIFMAS Program Training Tuition Reimbursement Potential Active Projects Public Education Officer Fire Prevention Equipment

A Active Projects

VI

3 B 1 2

$

$ $

$ $ $

$

$

$

5,596,082.83

865,000.00 574,093.42

15,000.00 5,500.00 8,783.50

18,661.80

451,206.00

3,060.00

86,500.00 191,364.47

NONE 5,500.00 8,783.50

NONE

RETENTION

510.00

$ 2,826,879.97

$ $

$ $

$

FY 2012 FY 2008

FY 2012 FY 2009 FY 2011

FY 2011

FY 2009

12/14/2012

CITY OF WESLACO SPONSORED PROJECTS REPORT AS OF May 29, 2013 (FY 2012-2013)

FY 2013 FY 2013

FY 2013 FY 2012 FY 2013

FY 2012

FY 2015

4/8/2013

25% COMPLETE 100% COMPLETE

PENDING 50% COMPLETE 25% COMPLETE

50% COMPLETE

75% COMPLETE

CURRENT

Waiting to close LBSP 2011 to start working on LBSP 2012.

Re-doing LBSP 2011. Invoices submitted included and extra PPE.

Scheduling a meeting with Lt. Vallejo (SAMS pending).

Weslaco City Commission Regular Meeting Page 77 June 4, 2013


13 06 04 agenda supplements