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Weslaco City Commission Regular Meeting

Page 1 September 3, 2013

Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: September 3, 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. Father Martin de la Cruz from St. Joan of Arc Catholic Church will give the invocation. C. Mayor will lead Pledge of Allegiance; Mayor Pro-Tem may lead Texas Flag. D. City Secretary will call roll. Fiscal Note: Amount: $ N/A Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): N/A Recommendation for Commission Action: Four or more Commissioners present constitutes a Quorum; otherwise, no action may be taken. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): One-page with pledges and mission statement. Responsibilities upon Approval: Conduct meeting per Ordinance 2011-05, according to Roberts Rule of Order and commencing at 5:30 p.m.


Weslaco City Commission Regular Meeting

Page 2 September 3, 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

Page 3 September 3, 2013

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): 9/03/13 II. A & IV. C. From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: The City of Weslaco, Texas Municipal Budget for fiscal year 2013-14 ending September 30, 2014. RECORD VOTE Discussion: Discussion and consideration to approve ordinance adopting the City of Weslaco 201314 fiscal year municipal budget ending September 30, 2014. Fiscal Note: Amount: Term of Impact: Identified in Current Budget: Y/N Additional Action Prompted: [ X] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [X ] 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: To approve.

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department


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Weslaco City Commission Regular Meeting

Page 5 September 3, 2013

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 3, 2013 II. B & IV. D From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of 1980 JTR Enterprises, LLC, d.b.a. O’Lei Restaurant & Bar. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Beer and Wine Retailer’s Permit at 601 S. Texas Blvd., also being Lots 23-24, Block 49, Weslaco Original Townsite, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain an OnPremise Beer and Wine Retailer’s Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on August 5, 2013. Twenty-two (22) property owners within 200 ft. of the applicant’s property were notified by letter on August 9, 2013. Two (2) people appeared in opposition to the request at the August 21, 2013, Planning and Zoning meeting due to the proximity of the restaurant to the First Baptist Church on South Kansas Avenue. The closest church is 353 feet from the restaurant. State and local codes require that there be at least a 300 foot separation between churches and establishments serving alcohol. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 08/21/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.


Weslaco City Commission Regular Meeting

Page 6 September 3, 2013

Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 3, 2013 II. C & IV. E From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Martha A. Trevino, d.b.a. Mariscos Estrella del Mar. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Beer and Wine Retailer’s Permit at 2017 W. Expressway 83, Unit 10, also being Lot B1, of the Re-subdivision of Lot 4, Jones-Davis-Harren Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain an OnPremise Beer and Wine Retailer’s Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on August 5, 2013. Nine (9) property owners within 200 ft. of the applicant’s property were notified by letter on August 9, 2013. Staff has not received any comments against the request and no one appeared at the August 21, 2013, Planning and Zoning Meeting in opposition to the request. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 08/21/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.


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A REGULAR MEETING OF THE WESLACO CITY COMMISSION TUESDAY, AUGUST 20, 2013 On this 20th day of August 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Regular Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Mayor Pro-Tem Commissioner Commissioner Commissioner Commissioner Commissioner

Miguel D. Wise J.F. “Johnny” Cuellar David R. Fox Olga M. Noriega Gerardo “Jerry” Tafolla Lupe Rivera 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; Trinidad Cantu, Assistant Public Utilities Director; Police Chief Michael Kelly; Fire Chief Santiago Cuellar; Arnold Becho, Library 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, August 16, 2013.

B.

Invocation. Father Carlos Zuniga from St. Pius X Catholic Church, delivered the invocation.

C.

Pledge of Allegiance. Mayor Wise recited the Pledge of Allegiance; Mayor Pro-Tem recited the Texas flag.

D.

Roll Call. Elizabeth Walker, City Secretary, called the roll, noting perfect attendance. Commissioner Tafolla, seconded by Commissioner Martinez, moved to take item V. D. from its posted sequence for immediate consideration. The motion carried unanimously; Mayor Wise was present, but not voting.

V.

REPORTS D.

Report on GIS mapping initiative.

Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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Ms. Joanna Sanchez reported on her work with the Planning and Public Utilities departments for the past ten months to set up the geographic information systems (GIS). Using existing paper maps and historical memory as well as two (2) nomad machines, interactive databases for electronic mapping, she streamlined the water meter routes so each zone would have the same amount of meters. Ms. Sanchez also created a website with all the GIS map layers, including the two mile ETJ, city limits, single member districts, voting sites, sewer lines, water service areas and lift stations. City staff should continue working with address points, water valves, manholes and storm inlets. II.

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

A.

Approval of the Minutes of the Regular Meeting of August 6, 2013. (Requested by City Secretary’s Office.) Attachment.

B.

Approval on Second and Final Reading of the following: 1) Ordinance 2013-08, repealing Part II Chapter 26 of Article XI of the City’s Code of Ordinances and providing a new landscape ordinance. (First Reading July 30, 2013; Requested by Planning and Code Enforcement Department.) Attachment.

Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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Weslaco City Commission Regular Meeting

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ORDINANCE 2013-08 AN ORDINANCE REPEALING ORDINANCE 93-13, THE CITY OF WESLACO LANDSCAPING ORDINANCE CODIFIED AS ARTICLE XI OF CHAPTER 26 OF THE WESLACO CODE OF ORDINANCES; ADOPTING NEW LANDSCAPE AND BUFFERING REGULATIONS; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF. BE IT ORDAINED BY THE CITY OF WESLACO: I. ORDINANCE 93-13, passed and approved on September 7, 1993, The City of Weslaco Landscaping Ordinance and codified as Article XI of Chapter 26 of the Weslaco Code of Ordinances is hereby repealed in its entirety. II. After second and final reading of this Ordinance the new landscape and buffering regulations will be adopted and codified as Article XI of Chapter 26 of the Weslaco Code of Ordinances and said Article XI shall read as follows: ARTICLE XI – LANDSCAPE AND BUFFERING 26-345: APPLICATIONS AND EXCEPTIONS. (a) The landscaping requirements of this ordinance apply to any premises on which construction occurs for which a building permit is required, except as follows: (1) The remodeling of the interior of a building or the façade of a building that does not alter the location of exterior walls; or (2) The expansion of a Single-Family Dwelling. (b) Any requirement of this ordinance that applies to a Front Yard also applies to the Street Side Yard, unless otherwise specified. Any other requirement of this ordinance that applies to a Side Yard does not apply to a Street Side Yard, unless specified otherwise. (c) Whenever this ordinance imposes a requirement based on the classification of a premises as a Residential or Nonresidential use, the requirement shall also apply to the portions of a premises used for Residential uses and Nonresidential uses located in a planned unit development, as determined by the Planning Director. 26-346: LANDSCAPE PLAN, DEVIATIONS AND APPEALS. (a) For any premises to be developed for Multi-Family Dwellings or Nonresidential use, a landscape plan must be submitted to the City showing how the requirements of this chapter are to be met. The required plan must be submitted on sheets of a size not to exceed 24”x36”. If the plan meets the requirements of this chapter, the Planning Director may approve the plan. (a) Where improvements are proposed to a developed premises devoted to a Nonresidential use that was developed prior to the effective date of this ordinance and does not meet the landscaping requirements of this ordinance, the Planning Director may approve a landscape plan with deviations from the requirements of this ordinance or impose alternative requirements that serve the purpose and Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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Weslaco City Commission Regular Meeting

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intent of this ordinance, if the requirements of this ordinance cannot be reasonably complied with because of the existing developed conditions. (b) In approving a landscape plan, the Planning Director may allow or require minor deviations from the requirements of this ordinance whenever a literal application of a requirement to a premises that would, because of unusual circumstances or situations not generally common to other premises, not achieve the purpose or intent of the regulation or cause an undesired result. 26-347: COMPLIANCE REQUIREMENTS. (a) All landscaping requirements of this ordinance, including the requirements contained in an approved landscape plan, must be met prior to and as a condition for the issuance of a Certificate of Occupancy for any premises to which these regulations apply. If weather conditions, scheduling delays, or similar conditions delay compliance, the Planning Director may grant a temporary Certificate of Occupancy if the owner or person in control of the premises enters into an agreement with the City to comply with the landscaping requirements within a specified time, not to exceed six months. (b) All vegetation required to be installed must, after installation, be maintained in good condition. If the required vegetation becomes diseased, deteriorated, or dies, the owner of the premises must replace the vegetation within 90 days of written notice from the City. (c) All fences required by this chapter must be maintained by the owner in good condition so that there are no damaged or missing boards or parts, all structural supports are sound and sufficient to maintain the fence in its original upright condition, and any surface treatment, including paint or stucco, is substantially maintained in its original appearance to be free from graffiti, noticeable cracking, discoloration, or similar surface blemishes or defects. (d) City reserves the right to prune and remove trees, plants and shrubs within the rights of way of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary for construction, to ensure public safety, to preserve or enhance the symmetry and beauty of the public area, or to protect utility facilities thereon. (e) City may remove, or cause or order to be removed, any tree, shrub or other vegetation or part thereof which is in an unsafe condition or which by reason of its nature is injurious to or threatens to injure sewers, electric power lines, gas lines, water lines, or other public improvements, or is infected with any injurious fungus, insect or other pest. (f) Within public easements only ornamental trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground public utility line. (g) The minimum landscaped area for any building in multifamily, commercial and industrial districts shall be the greater of the requirements set forth in sections 26-349 through 26-352 of this Chapter or ten percent of gross building site area.

26-348: RESIDENTIAL FRONT YARD LANDSCAPING. For any premises located in an R-1, Single Family Residential District, R-3 Rural District and M-1 Mobile Home Subdivision District, the premises must have one shade tree located within 15 feet of the Front Lot Line for each 60 feet of lot width or portion thereof, measured along the Front Lot Line. Trees may be clustered or spaced linearly and need not be placed evenly at 60 foot intervals. For R-2, Duplex-and Apartment District, one additional tree must be planted in the Front Yard of the premises for each housing unit equivalent. 26-349: NONRESIDENTIAL USE LANDSCAPING. The following landscape requirements apply to all premises developed for a Nonresidential Use: (1) If the premises abutting the opposite side of the street is used or zoned for Residential Use, the premises must have one shade tree located in the Front Yard for each 30 feet of lot width, or portion thereof, measured along the front lot line. If the premises abutting the opposite side of the street is used or zoned for Nonresidential Use, the premises must contain one shade tree for every 50 feet of lot width, or portion thereof, measured along the front lot line. The trees may be clustered or spaced linearly and need not be placed evenly. (2) If the premises abuts another premises used for residential purposes, the premises must have an opaque screen at least eight feet in height located along the abutting lot line, from the front building line to the rear lot line. The fence is not required if a comparable fence is already existing on the abutting residential property. Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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(3) All portions of the ground located in the front yard or the street side yard of the premises which are not covered by driveways, parking lots, and similar permanent improvements, must be landscaped. (4) All side yards must contain a six-foot wide landscaped area extending from the front lot line to the rear lot line. 26-350: FRONT YARD PARKING LOT LANDSCAPING. Any premises zoned or used for Nonresidential Use that contains a parking lot or vehicle use area within a front yard or street side yard must have a 15 foot wide landscaped area located between all portions of the parking lot, including a vehicle use area, and the public street. The landscaped area must have a continuous hedge, fence or berm of a minimum height of three feet to screen the parking lot and vehicle use area from the street. If fences are used to provide screening, one shrub or vine must be planted on the street side of the fence or berm for each ten feet of street frontage, but the plants need not be spaced evenly apart. If berms are utilized they shall have a slope no steeper than 3 to 1. The remainder of the landscaped area must contain plants, grass, or ground cover. All other portions of the front yard lying between the parking lot and front lot line which are not improved, must be landscaped. 26-351: SIDE AND REAR YARD PARKING LOT LANDSCAPING. (a) Any premises used or zoned for a nonresidential use that contains a parking lot or vehicle use area in a side yard or rear yard that abuts a premises used or zoned for a residential use, must have a continuous hedge, fence or berm, with a minimum height of eight feet, located between the parking lot, including a vehicle use area, and the lot line. The area required to be screened must also contain one tree for each thirty linear feet of landscaping or screening, or portion thereof. (b) Any premises used or zoned for nonresidential use that contains a parking lot or vehicle use area in a side or rear yard that abuts a premises used or zoned for nonresidential use, must have a screen of hedges, fences or berms, of a minimum height of three feet, located between the parking lot, including the vehicle use area, and the side or rear lot line so as to provide screening for 25% of the parking lot and vehicle use area. The required screening may be grouped and dispensed randomly and need not be spaced evenly. The area required to be screened must also contain one tree for each fifty linear feet of screened area, or portion thereof. (c) All plants used to satisfy the requirements of this section must be located in landscaped areas that are at least 2 ½ feet in width. (d) Each required tree must be planted in a landscaped area of at least 36 square feet, with a minimum dimension of six feet. 26-352: INTERIOR PARKING LOT LANDSCAPING. Any premises containing a parking lot that has more than ten parking spaces must meet the following landscaping requirements for the parking lot: (a) For each twenty parking spaces, or fraction thereof, landscaped areas containing a total of at least 162 square feet must be provided within the parking lot. Landscaped areas or islands must be a minimum of six feet in width, measured from the back of curb, and be dispersed throughout the parking lot. One shade tree must be provided for each required landscaped island. The remaining area or island must be landscaped with plants not exceeding three feet in height. (b) Landscaped islands must be protected from vehicle intrusion by curbs or similar structures. The front of a vehicle may encroach upon the island when the area is a minimum of six feet in depth and protected by wheel stops or curbs. Two feet of the landscaped area may be counted as part of the required depth of the abutting parking space. 26-353: ACCESSORY STRUCTURE SCREENING. The following landscape and screening requirements apply to premises use for Multi-Family Dwellings or a Nonresidential Use: (a) Areas used to hold refuse containers must be screened from the public view with a solid masonry fence not less than six feet in height. (b) Exterior ground-mounted or building-mounted equipment to serve as a building, including mechanical equipment, utility meter banks, and heating and cooling equipment must be screened from public view with landscaping or with an architectural treatment compatible with building architecture. Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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(c) All rooftop equipment must be screened from the public view with an architectural treatment which is compatible with the building architecture. The methods of screening rooftop equipment include the use of parapet walls and the encasement of partition screens. (d) All materials, products, or equipment which are stored outside of a fully-enclosed building, other than for display, must be entirely screened from the public view. (e) For the purposes of this section, “screened from the public view” means not visible at eye level from any point on the lot line of the abutting premises or from any point on a street. 26-354: TREE PRESERVATION. (a) The landscape plan required by this chapter must show the location of all existing trees with a caliper equal to or greater than six inches, wooded areas, areas with dense shrubbery, and which trees and plants will be preserved and which will be removed. (b) Improvements must be designed whenever reasonably possible to preserve existing trees. The Planning Director may approve a landscape plan that provides for the removal of existing trees where it is determined by the Planning Director that the development cannot reasonably preserve the trees. For each existing tree that is preserved, the owner may receive credit for two trees that are otherwise required to be installed to comply with this chapter. (c) If the Planning Director approves the removal of an existing tree, the landscape plan must provide for the planting of two replacement trees of like type for each existing tree to be removed. The replacement trees are in addition to any other trees required to be planted by this chapter. (d) Whenever one or more existing trees, or existing shrubs provide an effective and desirable buffer or screen for a proposed use or development, the Planning Director may require that the existing trees or shrubs or portions thereof, be preserved if the preservation can be accomplished without undue interference with the development of the premises. The Planning Director will credit any existing trees or shrubs which are preserved against any requirements for trees, shrubs, or screening as provided in this chapter, if the preserved trees or shrubs substantially serve the purpose of the requirement. 26-355: DESIGN PLANTING AND CRITERIA. (a) Any tree, shrub, plant, fence, or screen installed to satisfy the requirements of this chapter must meet the following requirements: (1) Trees must be a minimum of two inch caliper, measured six inches above ground level, with a twelve to fourteen foot average height immediately after planting and must have an average mature crown spread of at least 15 feet in diameter. Trees having an average mature crown spread of less than 15 feet in diameter may be grouped in sufficient number so as to create the equivalent of a 15 foot crown spread. Tree trunks shall be free of branches to seven feet (illustrated in Figure 1). Any trees or plants used to meet the requirements of this chapter are recommended to be one of the preferred trees or plants listed in Table A. (2) Planting of trees shall be consistent with Figure 2. (3) Shrubs must have a minimum of two feet in height when measured immediately after planting. When used for screening purposes, the shrubs must be planted in triangular centers and not be separated by more than two and ½ feet. Whenever hedges are used to meet a screening requirement, the plants must be planted and maintained so as to form a continuous, unbroken, solid, visual screen within one year of planting. (4) Vines must be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences to meet physical barrier requirements. (5) Ground covers used in place of grass, in whole or in part, must be planted to present a finished appearance and reasonable complete coverage within three months after planting. (6) Grass must be of a species normally grown as permanent lawns in the Texas Rio Grande Valley Region. Solid sod must be used to provide coverage and soil stabilization in swales or other areas subject to erosion. (7) Detention and retention basins and ponds must be landscaped with shade and ornamental trees, shrubbery, hedges, or other plants. (8) Indigenous and drought resistant plant material should be used, but if not used, an irrigation system must be installed or a watering source made available within 100 feet. (9) Any fence installed to meet the requirements of this chapter must, unless otherwise specified, be constructed of wood, stone, brick, masonry, stucco, or concrete. TABLE A Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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PREFERRED LANDSCAPE MATERIALS Preferred trees and shrubs to be used to meet the city landscaping standards include, but are not specifically restricted to: Plant Type Shade Trees

Botanical Name

Common Name

Quercus Virginiana Celtis Laevigata Ulmus Crassifolia Pithecellobium Ebano Leucaena Pulverulenta Prospis Glandulosa Fraxinum Berlandieriana Ehretia Anacua

Live Oak; Encino Sugar Hackberry; Palo Blanc Cedar Elm; Olmo Texas Ebony; Ebano Tepeguaje; Lead Tree Honey Mesquite Rio Grande Ash; Fresno Anacua; Sugarberry

Lagerstroemia Indica Celtis Pallida Pithecellobium Pallens Acacia Smallii Acacia Berlandieri Parkinsonia Aculeata Cercidium Texanum Guaiacum Angustifolium Esenbeckia Runyonii Sapindus Drummondii Condalia Hookeri Bumelia Celastrina Diospyros Texana Cordia Boissieri Sophora Secundiflora

Crepe Myrtle Granjeno, Spiny Hackberry Tenaza Texas Huisache Guajillo Retama; Lluvia de Oro Texas Paloverde Soapbush; Guayacan Jopoy Western Soapberry; Jaboncill Brasil, Bluewood Coma Del Sur;Saffron-plum Chapote; Persimmon Mexican Olive; Anacahuita Mountain Laurel

Photinia Fraseri Leucophyllum Frutescens Xylosma Flexuosa Acacia Rigidula Citherexylum Berlandieri Tecoma stans var. angustata

Oleander Purple Sage; Cenizo Bouganvillea Holly; Coronillo Black Brush Tamaulipan Fiddlewood Yellowbells; Esparanza

Viguiera Stenoloba Schaefferia Cuneifola Coursetia Axillaris Sophora Tomentosa Salvia Ballotiflora Malpighia Glabra Croton Humilis Rusellia Equisetiforma Hesperaloe Parviflora Hamelia Patens

Skeletonbush Desert Yaupon; Capul Texas Baby-Bonnets Yellow Sophora; Tambalisa Blue Sage; Mejorana Manzanita Low Croton Firecracker Plant Red Yucca Firebush

Lantana Horrida Buchloe Dactyloides Ruellia Corzoi

Texas Lantana Buffalo Grass Verbena Ruellia

Passiflora Foetida

Blue Passion Vine

Ornamental Trees

Shrubs for Screening

Shrubs for Mass Plantings

Groundcover Plantings

Vines Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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Passiflora Filipes

Yellow Passion Vine

FIGURE 1

FIGURE 2

I. This Ordinance shall be published by the City Secretary as required by the Weslaco City Charter. II. The ordinance shall become effective after second and final reading and publication. PASSED and APPROVED on First Reading on this the 30th day of July, 2013. PASSED, APPROVED and ADOPTED on Second and Final Reading on this the 20th day of August, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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/s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

2) Ordinance 2013-09 authorizing a negotiated resolution with Texas Gas Service regarding the company’s May 1, 2013 cost of service adjustment (“COSA”) filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; providing for the recovery of the City’s reasonable and necessary rate case expenses; adopting a savings clause and other matters as ordained. (First Reading August 6, 2013; Requested by City Attorney.) Attachment. ORDINANCE NO. 2013-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WESLACO, TEXAS, (“CITY”) APPROVING A NEGOTIATED RESOLUTION BETWEEN CITY AND TEXAS GAS SERVICE (“TGS” OR “THE COMPANY”) REGARDING THE COMPANY’S MAY 1, 2013 COST OF SERVICE ADJUSTMENT (“COSA”) FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; PROVIDING FOR THE RECOVERY OF THE CITY’S REASONABLE AND NECESSARY RATE CASE EXPENSES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; REPEALING ANY PRIOR ORDINANCES INCONSISTENT WITH THIS ORDINANCE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE CITY’S LEGAL COUNSEL. WHEREAS, the City of Weslaco, Texas (“City”) is a gas utility customer of Texas Gas Service (“TGS” or “the Company”), and a regulatory authority with an interest in the rates and charges of TGS; and WHEREAS, pursuant to the terms of the agreement settling the Company’s 2009 Statement of Intent (“SOI”) to increase rates, to which City was a signatory, the City and other municipalities within the Rio Grande Valley Service Area and TGS worked collaboratively to develop the COSA tariff which allows for an expedited comprehensive rate review process controlled in a three-year experiment; and WHEREAS, the City took action in 2009 to approve a Settlement Agreement with TGS resolving the Company’s 2009 rate case and initially authorizing the COSA tariff for three years; and WHEREAS, in 2012, the initial COSA-tariff term expired; and WHEREAS, TGS filed a SOI in 2012 that incorporated a revised COSA tariff; and WHEREAS, the City and TGS settled the SOI in 2012 and agreed to renew the COSA tariff process for an additional three years; and WHEREAS, the COSA tariff contemplates reimbursement of the City’s reasonable expenses associated with COSA applications; and WHEREAS, on or about May 1, 2013, TGS filed with the City a COSA tariff seeking to increase natural gas rates to all customers residing in the City; and WHEREAS, the City coordinated a review of the Company’s COSA filing and designated attorneys and consultants to resolve issues in the Company’s COSA filing; and WHEREAS, the Company’s COSA application supported increased revenues of $1,597,656 under the terms of the COSA; and WHEREAS, the City’s attorneys and consultant recommend that the City approve the Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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negotiated resolution, which is attached; and WHEREAS, the tariffs implementing new rates attached to this Ordinance are consistent with the negotiated resolution reached by the City and are just, reasonable, and in the public interest; and WHEREAS, the negotiated resolution of the Company’s COSA filing and the resulting rates are, as a whole, in the public interest; and WHEREAS, the effective date of new COSA rates is to be the first billing cycle of August 1, 2013 pursuant to the COSA tariff previously adopted by the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: Section 1. That the City Commission finds that the existing rates for natural gas service provided by TGS are unreasonable and the new tariffs attached to this Ordinance are just and reasonable and are hereby adopted. Section 2. That the Settlement Agreement between the City and TGS dated July 24, 2013 is approved. Section 3. That TGS shall reimburse the reasonable ratemaking expenses of the City in processing the Company’s rate application. Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That tariffs attached to this Ordinance are effective as of August 1, 2013. Section 8. That a copy of this Ordinance shall be sent to TGS, care of Dean LaFever, Director, at 5602 East Grimes Road, Harlingen, Texas 78550-1783, and to Geoffrey Gay, Special Counsel to the City, at Lloyd Gosselink Rochelle & Townsend, P.C., 801 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED, APPROVED and ADOPTED on First Reading on this the 6th day of August, 2013. PASSED, APPROVED and ADOPTED on Second and Final Reading on this the 20th day of August, 2013. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

C.

Approval of the renewal of the lease agreement renewal with Missouri Pacific Railroad Company for beautification purposes in the amount of fifty dollars ($50.00) per year, payable five (5) years in advance, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Requested by Public Facilities Department.) Attachment.

D.

Authorization to apply for the FY 2013 Pre-Disaster Mitigation (PDM) Grant through the Federal Emergency Management Agency (FEMA) related to drainage improvements in Las Brisas Subdivision and authorize the Mayor to execute any related documents. (Requested by Planning & Code Enforcement Department.) Attachment.

E.

Authorization for Mayor Miguel D. Wise to execute the Agency Plan for Fiscal Year beginning October 2013 and the Certificate of Categorical Exclusion HUD Form 24

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CFR 58.35(a) for the Weslaco Housing Authority for the 2013 Capital Funds Program. (Requested by the Weslaco Housing Authority.) Attachment. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Wise was present, but not voting. III.

OLD BUSINESS A.

Discussion and consideration to authorize the transfer of $55,794.00 from the Retained Earnings account to various funds for the exempt and non-exempt wages of new positions created for the Water Treatment Plant and the Waste Water Treatment Plant for the remaining FY 2012-2013 and authorize a budget amendment as appropriate. Possible action. (There was no action on this item August 6, 2013; Requested by Public Utilities Department.) Attachment. The City Manager stated that the City is transitioning to self performance on October 1. Some OMI employees decided to transfer to the City and this item is to provide one month of funding for new hires so they can have on the job training. There are 19 positions and the OMI employees had first refusal, though they will take a pay cut because those salaries are above market but will gain other benefits. In September the City will begin to hire so the treatment plants will be fully staffed with licensed operators for October 1. In response to Commissioner Noriega, the City Manager stated that the amount on the agenda changed because they had budgeted for two months of training and there will only be one month of training. Mayor Pro Tem Cuellar, seconded by Commissioner Rivera, moved to authorize the transfer an amount not to exceed $55,794.00 from the Retained Earnings account to various funds for the exempt and non-exempt wages of new positions created for the Water Treatment Plant and the Waste Water Treatment Plant for the remaining FY 2012-2013 and authorize a budget amendment as appropriate. Commissioner Noriega opposed because she believes the City is not prepared to assume operations at the treatment plants. The motion carried (5-1); Mayor Wise was present, but not voting. Mayor Pro Tem Cuellar, seconded by Commissioner Rivera, moved to take item IV. H. from its posted sequence for immediate consideration. The motion carried unanimously; Mayor Wise was present, but not voting.

IV.

NEW BUSINESS H.

Discussion and consideration to approve Ordinance 2013-21 authorizing the issuance of “City of Weslaco, Texas Tax and Revenue Certificates of Obligation, Series 2013;’ entering into a bond purchase agreement and a paying agent/registrar agreement, and other matters related thereto, and authorize the Mayor to execute any related documents. First as Final Reading of Ordinance 2013-21. Possible action. (Notice of Intent to issue approved July 10, 2013; Requested by Finance

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Department.) Attachment. Ms. Anne Burger, representing First Southwest as a financial advisor, stated the municipal interest rate increased 100 bases points over the past eight (8) weeks because of Chairman Bernanke’s comments about the potential of the Federal Reserve stopping the “quantitative easing”. Based on the capacity analysis the City has the option to issue a bond for $6.75 million with an interest of 4.165%, which is higher than in recent years. Standard & Poors Corporation maintained the City rating and suggested the possibility of moving up to a solid A rating. The City’s Management Financial Assessment (MFA) was raised from standard to good. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. Noriega asked which funds would pay back the bond and if there would have to be an increase to the water and sewer rates. Ms. Burger stated that there has been a drop in the debt service and increase in taxable assessed valuation so there would not have to be any increase. The City Manager brought attention to page 64 of the packet which lists all eligible activities; the Commission would host public hearings to solicit comments on the scope of work from this $6.7 million without the need to raise taxes. Commissioner Noriega stated she does not believe it is the right time to issue the Certificates of Obligations and believes there should be a bond election. The City Manager stated it is the option of the Commission to proceed. Mayor Pro Tem Cuellar stated over the past 36 months the Commission has voted unanimously for multiple Certificates of Obligation. Commissioner Rivera called to question. Mayor Wise stated that the Commission was out of order by questioning each other. Commissioner Noriega opposed. The motion carried (5-1); Mayor Wise was present, but not voting. A.

Discussion and consideration to authorize the solicitation of proposals for chemicals and sludge removal and disposal necessary for the operation of the Water, Wastewater, and Lift Station systems, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated this item is for the transition to self-performance of the Water and Wastewater Treatment Plants set for October 1. 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.

B.

Discussion and consideration to authorize the solicitation of proposals for outside

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services, i.e. lab services for testing water and wastewater samples, necessary for the operation of the Water, Wastewater, and Lift Station systems, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated this item too is for the transition to self-performance of the Water and Wastewater Treatment Plants and allows the City to hire for lab services for testing water and wastewater samples. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. C.

Discussion and consideration to authorize the solicitation of a request for proposals to drill a 700-foot pilot water well, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated this item is for the City’s need for push water as the Texas Commission on Environmental Quality (TCEQ) has been working with local cities to expedite alternative water sources. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. In response to Commissioner Noriega, the City Manager stated the pilot well would be located on the Southside of town. The motion carried unanimously; Mayor Wise was present, but not voting.

D.

Discussion and consideration to authorize the solicitation for professional services necessary for the design and construction of a potable water well/s, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager stated this was related to the last item in that if the pilot well is productive then they would develop it further and provide necessary infrastructure to capture the water and improve two existing wells at the Water Treatment Plant. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. Commissioner Noriega asked if they knew what the projected cost would be to develop the wells. Mr. Trinidad Cantu stated this item was just for the solicitation of professional services; it is not possible at this time to project the amount. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to authorize the issuance of a Request for Qualifications for professional services necessary for the design and construction of a potable water well/s, authorize a budget amendment as

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needed, and authorize the Mayor to execute any related documents. The motion carried unanimously; Mayor Wise was present, but not voting. E.

Discussion and consideration to elect to self-insure through TML Risk Pool, or to extend current policies or to authorize the solicitation of proposals for commercial property, contents, equipment, flooding, crime liability, and airport liability coverage policies. Possible action. (There was no action on this item July 16, 2013; Requested by Human Resources Department.) Attachment. The City Manager stated that the current insurance policies are set to expire on September 30; staff recommends to self-insure through Texas Municipal League (TML) which is the common practice of 95% of Texas cities. Commissioner Tafolla, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Noriega asked if Montalvo Insurance is the current vendor, why didn’t the City go with TML in the past? The City Manager replied that in the past TML did not have the best rates, which vary from year to year. Mayor Wise stated the Commission needed to stop with the personal attacks. Commissioner Noriega opposed because there are no numbers to compare which rate is best. The motion carried (5-1); Mayor Wise was present, but not voting.

F.

Discussion and consideration to extend current policies or to authorize the solicitation of proposals for basic life, accidental death, and dismemberment policies. Possible action. (There was no action on this item July 16, 2013; Requested by Human Resources Department.) Attachment. The City Manager recommends keeping the current policy provider Dearborne National which has a slight increase in the basic life but no increases in the other policies. Commissioner Martinez, seconded by Commissioner Rivera, moved to approve the item as presented. Commissioner Noriega opposed because there were no bids received. The motion carried (5-1); Mayor Wise was present, but not voting.

G.

Discussion and consideration to approve the City of Weslaco tax rate, take record vote and schedule public hearings as needed. Possible action. (Requested by Finance Department.) Attachment. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The City Manager stated the City proposes a ten (10) year plan to lower the tax rate by $0.01 every two years, which would provide tax relief to the public as well as

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predictability and stability. The proposed tax relief would put the City at $0.65 per $100.00 valuation by 2023. Mayor Pro-Tem Cuellar commented that the proposed budget includes a tax reduction, a balanced budget, and a fund balance of $4.4 million in four (4) rather than five (5) years as previously anticipated. The City is in a great financial situation thanks to all the hard work of staff and the recommendation of the Ad Hoc Budget Committee. Mr. Mann stated that there is $1.3 billion in taxable value with $2.4 - $2.6 million going to the debt service and $6.4 million going to the general fund. The City Manager stated that public hearings are scheduled September 3 and September 17. Mayor Wise stated that the proposed tax rate is $0.6867/$100.00 valuation and requested a roll call vote. By roll call vote, the motion carried unanimously; Mayor Wise was present, but not voting. I.

Discussion and consideration to authorize the use of unexpended funds from the Certificates of Obligation, Series 2003 for land acquisition and paving improvements on City of Weslaco property. Possible action. (Requested by Finance Department.) Attachment. There was no action on this item.

J.

Discussion and consideration to authorize the use of unexpended funds from the Certificates of Obligation, Series 2007 for land acquisition and paving improvements on City of Weslaco property. Possible action. (Requested by Finance Department.) Attachment. There was no action on this item.

K.

Discussion and consideration to update City of Weslaco building and safety codes by repealing the existing code and adopting by ordinance those as recommended in the 2012 International Code Council: 1. To adopt the 2012 Edition of the International Building Code Property and Maintenance Standards for the regulation and governing of conditions and maintenance of all property, including the condemnation and demolition of structures unfit for human occupancy and providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-10. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. 2. To adopt the 2012 Edition of the International Existing Building Code for the regulation and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings and providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-11. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. 3. To adopt the 2012 Edition of the International Residential Code for the regulation

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and governing of construction, replacements, repairs and demolition of detached one and two family dwellings and multiple single family dwellings; providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-12. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. 4. To adopt the 2012 Edition of the International Energy Conservation Code for the regulation and governing of energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems and providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-13. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. 5. To adopt the 2012 Edition of the International Fire Code for the regulation and governing the safeguarding of life and property from fire and explosion hazards and from conditions hazardous to life or property in the occupancy of buildings and premises and providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-14. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. 6. To adopt the 2012 Edition of the International Plumbing Code for the regulation and governing of design, construction, quality, installation, relocation, etc.; use or maintenance of plumbing systems; and providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-15. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. 7. To adopt the 2012 Edition of the International Mechanical Code for the regulation and governing of design, construction, quality, installation, relocation, etc.; use or maintenance of mechanical systems; and providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-16. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. 8. To adopt the 2012 Edition of the International Fuel Gas Code for the regulation and governing of fuel gas systems and gas-fired appliances and providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-17. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. 9. To adopt the 2012 edition of NFPA Life Safety Code 101 relating to construction and to maintenance of buildings and public safety, health and general welfare; and providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-18. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. 10. To adopt the 2012 Edition of the International Swimming Pool and Spa Code governing of design, construction, alteration, movement, renovation, replacement, repair and maintenance of swimming pools, spas, hot tubs, aquatic facilities and related equipment; and providing for the issuance of permits and collection of fees. First Reading of Ordinance 2013-19. Possible action. (Requested by Planning & Minutes of the Regular Meeting of the Weslaco City Commission on August 20, 2013

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Code Enforcement Department.) Attachment. The City Manager stated this item is to update the current building codes. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. L.

Discussion and consideration to approve Ordinance 2013-20 adopting the 2011 National Electrical Code as the Electrical Code of the City, repealing any previous editions. First Reading of Ordinance 2013-20. Possible action. (Requested by Planning & Code Enforcement Department.) Attachment. The City Manager stated this item was to update the current electrical codes. Commissioner Tafolla, seconded by Commissioner Rivera, 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 reported that staff reached an agreement with one of the property owners around the airport so they do not have to proceed with condemnation and is continuing negotiations with the Edwards family. The November elections is moving along and wanted to remind the public that a form of identification will be required in order to vote in Texas. Rey Garcia from the IT Department has been appointed to the Board of Directors for the National Association of Web Professionals. Parks & Recreation will have the municipal pools open until August 31. The Planning Department is continuing to synchronize the traffic lights and conducting traffic counts. B.

Report by Economic Development Corporation of Weslaco. Attachment. Ms. Alicia Aguilar reported that Arturo’s Bar & Grill is set to open on Monday. The Payne Auto Mall is hosting its grand opening on September 7. Edible Arrangements will being opening this weekend, which will be the fourth location in the Valley. Omar Figueroa’s next fight is set for November 6, November 9 or December 14 at Weslaco Stadium and will broadcast on Fox News and Showtime. Valley Grande Builders completed its 3300 sq. ft. warehouse, which was immediately leased. The sale tax receipts this calendar year to date increased 6.52%.

C.

Report on the Weslaco Housing Authority Audit for Fiscal Year End 2012. Attachment. The City Secretary referenced the report as enclosed.

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Report on Mayor Joe V. Sanchez Library mobile website application. Mr. Arnold Becho stated a mobile website application was grant-funded and developed at no cost to the City. Grant funds were also used to purchase four (4) Ipads and the mobile app can be used on any mobile device. The MJVSPL application can be downloaded at no charge to the public and allows for catalog searches, reviews of personal accounts, book look by barcode scanning. The Library already has the largest collection of eBooks south of San Antonio. The City Manager congratulated the continued and innovative advancements at the Public Library with fewer staff members.

VI.

PUBLIC COMMENTS There were no public comments received.

VII.

EXECUTIVE SESSION At 6:28 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 8:09 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 the City Manager and City Attorney regarding a proposed settlement with a City employee regarding wages and benefits pursuant to §551.071 of the Texas Government Code. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the settlement agreement as discussed in executive session and authorized the Mayor to execute any settlement documents. The motion carried unanimously; Mayor Wise was present, but not voting.

B.

Economic Development – Discussion with the City Attorney and City Manager regarding an Economic Development Negotiation with Knapp Medical Center to establish a residency program pursuant to §551.087 of the Texas Government Code. There was no action on this item.

IX.

ADJOURNMENT

With no other business before the Commission, at 8:10 p.m. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to adjourn the August 20, 2013 regular meeting. The motion carried unanimously; Mayor Wise was present, but not voting. CITY OF WESLACO

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___________ MAYOR, Miguel D. Wise ATTEST:

CITY SECRETARY, Elizabeth M. Walker

MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox _______ COMMISSIONER, Olga M. Noriega

COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera

COMMISSIONER, Joe A. Martinez

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A SPECIAL MEETING OF THE WESLACO CITY COMMISSION TUESDAY, AUGUST 27, 2013 On this 27th day of August 2013 at 5:30 p.m., the City Commission of the City of Weslaco, Texas convened in a Special Meeting at City Hall in the Legislative Chamber, located at 255 South Kansas Avenue with the following members present: Mayor Pro-Tem Commissioner Commissioner Commissioner Commissioner Commissioner

J.F. “Johnny” Cuellar David R. Fox Olga M. Noriega Gerardo “Jerry” Tafolla Lupe Rivera 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; Trinidad Cantu, Assistant Public Utilities Director; Police Chief Michael Kelly; Fire Chief Santiago Cuellar; Arnold Becho, Library Director; Mardoqueo Hinojosa, City Engineer; and several other staff members and citizens. I.

CALL TO ORDER A.

Certification of Public Notice. Mayor Pro-Tem Cuellar called the meeting to order and certified the public notice of the meeting as properly posted Friday, August 23, 2013.

B.

Pledge of Allegiance. Mayor Pro-Tem Cuellar recited the Pledge of Allegiance and the Texas flag.

C.

Roll Call. Elizabeth Walker, City Secretary, called the roll, noting Mayor Wise as absent.

II.

PUBLIC HEARING A.

To solicit input on the following: 1. Certificates of Obligation, Series 2003 2. Certificates of Obligation, Series 2007 3. Certificates of Obligation, Series 2013. The City Manager stated that the public hearing was to discuss possible projects for unexpended bond funds and solicits comments. Currently there is $36,000.00 remaining from 2003, $1.9 million from 2007, and $6.7 million from 2013. Commissioner Fox suggested that parameters be provided for the bond issuance of each year. Commissioner Noriega asked why the ordinance from 2003 was not

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included in the packet. The City Manager recommended using the 2003 funds for sidewalks since they are an eligible project. There were no public comments received. Commissioner Tafolla, seconded by Commissioner Martinez, moved to close public hearing. The motion carried unanimously; Mayor Pro-Tem Cuellar was present, but not voting. III.

OLD BUSINESS A.

Discussion and reconsideration to elect to self-insure through TML Risk Pool, or to extend current policies or to authorize the solicitation of proposals for commercial property, contents, equipment, flooding, crime liability, and airport liability coverage policies. Possible action. (Commission elected to self-insure on August 20, 2013; Requested by Human Resources Department.) Attachment. There was no action on this item.

B.

Discussion and consideration to authorize the use of unexpended funds from the Certificates of Obligation, Series 2003 for improvements to streets and sidewalks on City of Weslaco property and authorize a budget amendment as appropriate. Possible action. (There was no action on this item August 20, 2013; Requested by Finance Department.) Attachment. The City Manager stated the funds are limited to $36,000.00 and recommends using the funds for sidewalks since they are an eligible activity. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. Commissioner Noriega asked if Certificates of Obligation funds could be used for capital improvements projects and if those funds were already being used on the current sidewalk project. The City Attorney responded that capital improvement projects must go before Commission for approval. The City Manager stated he had administrative authority to expend funds less than $15,000.00. In response to Commissioner Noriega, Mr. Oscar Garcia stated that the sidewalk project was not yet complete; bids were received for the concrete and all labor was done in-house. In response to Mayor Pro-Tem Cuellar, the City Attorney stated even in the instance of health and safety issues the City Manager did have spending authority on capital improvement projects; however he eventually would have to notify the Commission. Commissioner Noriega opposed because there was neither scope of work nor ordinance provided. The motion carried (4-1); Mayor Pro-Tem Cuellar was present, but not voting.

C.

Discussion and consideration to authorize the use of unexpended funds from the Certificates of Obligation, Series 2007 for all eligible expenditures as identified in Ordinance 2007-37 related to the original issuance and authorize a budget amendment as appropriate. Possible action. (There was no action on this item August

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20, 2013; Requested by Finance Department.) Attachment. There was no action on this item. IV.

NEW BUSINESS A.

Discussion and consideration to approve Resolution 2013-63 recognizing the importance of the International Bridge Trade Corridor (IBTC) as it will facilitate mobility, relieve congested roadways, improve safety conditions for the traveling public and support economic development opportunities for the eastern Hidalgo County region. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. There was no action on this item.

V.

PUBLIC COMMENTS There were no public comments received.

VI. ADJOURNMENT With no other business before the Commission, at 5:45 p.m. Commissioner Tafolla, seconded by Commissioner Rivera, moved to adjourn the August 27, 2013 special meeting. The motion carried unanimously; Mayor Pro Tem Cuellar was present, but not voting. CITY OF WESLACO (absent) ___________ MAYOR, Miguel D. Wise ATTEST:

CITY SECRETARY, Elizabeth M. Walker

MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox _______ COMMISSIONER, Olga M. Noriega

COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera

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ORDINANCE NO. 2013-10

AN ORDINANCE OF THE CITY OF WESLACO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL BUILDING CODE, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES IN THE CITY OF WESLACO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF WESLACO as follows: SECTION 1. That a certain document is on file in the office of the Building Official, being marked and designated as the International Building Code, 2012 edition, including all Appendix Chapters as published by the International Code Council, Inc., be and is hereby adopted as the Building Code of the City of WESLACO, in the State of Texas; for the control of building and structures as herein provided; and each and all the regulations, provisions, penalties, conditions and terms of said Building Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. SECTION 2. The following sections are hereby revised: §E101.1 …….. City of WESLACO §1612.3 …..…. City of WESLACO §3409.2 ……... September 1979 SECTION 3. Be It Further Ordained By The City of WESLACO Ordinance No. entitled International Building Code Ordinance, and all other ordinances in conflict herewith are hereby repealed in that respect only. SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance or in the Building Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of WESLACO hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or


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more sections, unconstitutional.

Page 30 September 3, 2013

subsections,

sentences,

clauses

and

phrases

be

declared

SECTION 5. That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect immediately from and after the date of its final passage and adoption. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013.

CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-11 AN ORDINANCE OF THE CITY OF WESLACO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL EXISTING BUILDING CODE, REGULATING AND GOVERNING THE REPAIR, ALTERATION, CHANGE OF OCCUPANCY, ADDITION AND RELOCATION OF EXISTING BUILDINGS, INCLUDING HISTORIC BUILDINGS, IN THE CITY OF WESLACO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

BE IT ORDAINED BY THE CITY COMMISSION OF WESLACO as follows: SECTION 1. That a certain document is on file in the office of the Building Official and the City of Weslaco, being marked and designated as the International Existing Building Code, 2012 edition, including the appendix as published by the International Code Council, Inc., be and is hereby adopted as the Existing Building Code of the City of Weslaco, in the State of Texas, for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Existing Building Code, 2012 edition, on file in the office of the Building Official are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. SECTION 2. The following sections are hereby revised: Section 101.1 …….. City of Weslaco Section 1401.2…….(Date) SECTION 3. Be It Further Ordained By The City of Weslaco Ordinance No. entitled International Existing Building Code Ordinance, and all other ordinances in conflict herewith are hereby repealed in that respect only. SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City of Weslaco hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5. That nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or


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causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect immediately from and after the date of its final passage and adoption. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013. CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-12

AN ORDINANCE OF THE CITY OF WESLACO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, REGULATING AND GOVERNING CONSTRUCTION, ALTERATION, MOVEMENT, ENLARGEMENT, REPLACEMENT, REPAIR, EQUIPMENT, LOCATION, REMOVAL AND DEMOLITION OF DETACHED ONE AND TWO FAMILY DEWELLINGS AND MULTIPLE SINGLE FAMILY DWELLINGS (TOWNHOUSES) NOT MORE THAN THREE STORIES IN HEIGHT WITH SEPARATE MEANS OF EGRESS IN THE CITY OF WESLACO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

BE IT ORDAINED BY THE CITY COMMISSION OF WESLACO the following: SECTION 1. That a certain documents is on file in the office of the Building Official and the City of Weslaco, being marked and designated as the International Residential Code, 2012 edition, excluding section P2904, but including all other appendix chapters as published by the International Code Council and is hereby adopted as the Residential Code of the City of Weslaco, in the State of Texas regulating and governing construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one and two family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with separate means of egress in the City of Weslaco; providing for the issuance of permits and collection of fees therefore; and each and all the regulations, provisions, penalties, conditions and terms of said Residential Code, 2012 edition, on file in the office of the Building Official are hereby referred to, adopted and made part hereof as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. SECTION 2. The following sections are hereby revised: § R101.1 …….. City of Weslaco § P2603.5.1…..six, twelve

SECTION 3. Be It Further Ordained By The City of Weslaco Ordinance No. entitled International Residential Code Ordinance, and all other ordinances in conflict herewith are hereby repealed in that respect only.


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SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City of Weslaco hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5. That nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect immediately from and after the date of its final passage and adoption. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013.

CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-13

AN ORDINANCE OF THE CITY OF WESLACO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, REGULATING AND GOVERNING ENERGY EFFICIENT BUILDING ENVELOPES AND INSTALLATION OF ENERGY EFFICIENT MECHANICAL, LIGHTING AND POWER SYSTEMS IN THE CITY OF WESLACO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

BE IT ORDAINED BY THE CITY COMMISSION OF WESLACO as follows: SECTION 1. That a certain document is on file in the office of the Building Official and the City of Weslaco, being marked and designated as the International Energy Conservation Code, 2012 edition, including the appendix as published by the International Code Council, Inc., be and is hereby adopted as the Energy Conservation Code of the City of Weslaco, in the State of Texas, for regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Energy Conservation Code, 2012 edition, on file in the office of the Building Official are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. SECTION 2. The following sections are hereby revised: § E101.1 …….. City of Weslaco SECTION 3. Be It Further Ordained By The City of Weslaco Ordinance No. entitled International Energy Conservation Code Ordinance, and all other ordinances in conflict herewith are hereby repealed in that respect only. SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City of Weslaco hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.


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SECTION 5. That nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect (time period) from and after the date of its final passage and adoption. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013. CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-14

AN ORDINANCE OF THE CITY OF WESLACO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF WESLACO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF WESLACO the following: SECTION 1. That a certain document is on file in the office of the Building Official and the City of Weslaco, being marked and designated as the International Fire Code, 2012 edition, including all Appendix Chapters as published by the International Code Council and is hereby adopted as the International Fire Code of the City of Weslaco, in the State of Texas for regulating and governing the safeguarding of life and property from fire hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises; and providing for the issuance of permits and collection fees therefore; and each and all the regulations, provisions, penalties, conditions and terms of said Fire Code, in the office of the Building Official are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. SECTION 2. The following sections are hereby revised: § F101.1 …….. City of Weslaco § F109.4 …….. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements therefore or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a Class B Misdemeanor, Interference With Public Duties, punishable by a fine not to exceed 2000 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. § F 111.4……..Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 1000 dollars or more than 2000 dollars. SECTION 3. That the geographic limits in referred to in certain sections of the 2012 International Fire Code are hereby established as follows: § F 5704.2.9.6.1 (limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): City of Weslaco § F 5706.2.4.4 (limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited): City of Weslaco § F 5806.2 (limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): City of Weslaco


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ยง F 6104.2 (limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): City of Weslaco SECTION 4. Be It Further Ordained By The City of Weslaco that Ordinance No. 2011-11 entitled International Fire Code Ordinance, and all other ordinances in conflict herewith are herby repealed in that respect only. SECTION 5. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City of Weslaco hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 6. That nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 7. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 8. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect _____________ from and after the date of its final passage and adoption. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013. CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-15

AN ORDINANCE OF THE CITY OF WESLACO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL PLUMBING CODE, REGULATING AND GOVERNING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING SYSTEMS IN THE CITY OF WESLACO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF WESLACO as follows: SECTION 1. That a certain document is on file in the office of the Building Official and the City of Weslaco, being marked and designated as the International Plumbing Code, 2012 edition, including all appendix chapters as published by the International Code Council, be and is hereby adopted as the Plumbing Code of the City of Weslaco, in the State of Texas regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the plumbing systems as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Plumbing Code, 2012 edition, on file in the office of the Building Official are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. SECTION 2. The following sections are hereby revised: § P101.1 …….. City of Weslaco § P106.6.2. ….. City of Weslaco Master Fee Schedule § P106.6.3……. fifty, ninety § P108.4………class B misdemeanor, two thousand, 180 days § P108.5………500, 2000 § P305.4.1…….six, six SECTION 3. Be It Further Ordained By The City of Weslaco Ordinance No. entitled International Plumbing Code Ordinance, and all other ordinances in conflict herewith are hereby repealed in that respect only. SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The


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City of Weslaco hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

SECTION 5. That nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect immediately from and after the date of its final passage and adoption.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013.

CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-16

AN ORDINANCE OF THE CITY OF WESLACO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL MECHANICAL CODE, REGULATING AND GOVERNING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF MECHANICAL SYSTEMS IN THE CITY OF WESLACO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

BE IT ORDAINED BY THE CITY COMMISSION OF WESLACO as follows: SECTION 1. That a certain document is on file in the office of the Building Official and the City of Weslaco, being marked and designated as the International Mechanical Code, 2012 edition, including all Appendix Chapters as published by the International Code Council, Inc., be and is hereby adopted as the Mechanical Code of the City of Weslaco, in the State of Texas regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the mechanical systems in the City of Weslaco and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Mechanical Code, 2012 edition on file in the office of the City of Weslaco are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. SECTION 2. The following sections are hereby revised: § M101.1 …….. City of Weslaco § M106.5.2. ….. City of Weslaco Master Fee Schedule § M106.5.3……. fifty, ninety § M108.4………class B misdemeanor, two thousand, 180 days § P108.5………500, 2000

SECTION 3. Be It Further Ordained By The City of Weslaco Ordinance No. entitled International Mechanical Code Ordinance, and all other ordinances in conflict herewith are hereby repealed in that respect only.


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SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City of Weslaco hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5. That nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect immediately from and after the date of its final passage and adoption. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013.

CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-17

AN ORDINANCE OF THE CITY OF WESLACO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FUEL GAS CODE, REGULATING AND GOVERNING FUEL GAS SYSTEMS AND GAS-FIRED APPLIANCES IN THE CITY OF WESLACO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

BE IT ORDAINED BY THE CITY COMMISSION OF WESLACO as follows: SECTION 1. That a certain document is on file in the office of the Building Official and the City of Weslaco, being marked and designated as the International Fuel Gas Code, 2012 edition, including all Appendix Chapters, as published by the International Code Council, Inc., be and is hereby adopted as the Fuel Gas Code of the City of Weslaco, in the State of Texas; for regulating and governing fuel gas systems and gas-fired appliances as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas Code on file in the office of the Building Official are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. SECTION 2. The following sections are hereby revised: § FG101.1 …….. City of Weslaco § FG106.6.2……Master Fee Schedule § FG106.6.3……fifty, ninety § FG108.4………Class B Misdemeanor, two thousand, 180 days § FG108.5………two hundred, two thousand

SECTION 3. Be It Further Ordained By The City of Weslaco that Ordinance No. entitled International Fuel Gas Ordinance, and all other ordinances in conflict herewith are hereby repealed in that respect only. SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City of Weslaco hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or


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more sections, unconstitutional.

Page 44 September 3, 2013

subsections,

sentences,

clauses

and

phrases

be

declared

SECTION 5. That nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect immediately from and after the date of its final passage and adoption. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013. CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-18 AN ORDINANCE TO ADOPT NFPA LIFE SAFETY CODE 101-2012 EDITION RELATING TO INSPECTION ACTIVITIES OF WESLACO, HIDALGO COUNTY, TEXAS AND ENFORCEMENT OF BUILDING PROVISIONS AS PROVIDED IN SAID CODES. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION 1: WHEREAS, it is the desire of the Weslaco City Commission to adopt, in all respect, the various Standard Codes relating to building, structures and fire prevention, and WHEREAS, the adoption of these Codes is done to facilitate proper inspection activities by Weslaco, Hidalgo County, Texas relating to construction and to maintenance of buildings within said Weslaco, Hidalgo County, Texas and relating to public safety, health and general welfare; NOW, THEREFORE, BE IT ORDAINED BY the Weslaco City Commission that the following code is hereby adopted by reference as though they were copied herein fully; N.F.P.A. Life Safety Code 101- 2012 Edition SECTION 2: BE IT FURTHER ORDAINED BY the Weslaco City Commission that any matters in said Code which are contrary to existing Ordinance of Weslaco, Hidalgo County, Texas, Shall prevail and that Ordinance No. 2011-15, entitled National Fire Protection Association-2006 Edition of Life Safety Code 101. is hereby repealed and, to that extend any existing Ordinance to the contrary are hereby repealed in that respect only. SECTION 3: BE IT FURTHER ORDAINED the within said code, when reference is made to the duties of a certain official named therein, that designated official of Weslaco, Hidalgo County, Texas, who has duties corresponding to those of the named official in said Code shall be deemed to be responsible official insofar as enforcing the provision of said Code are concerned. SECTION 4: BE IT FURTHER ORDAINED that this Ordinance shall take effect and be in force from and after its passage, the public welfare requiring it.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013. CITY OF WESLACO

_________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM:

____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-19

AN ORDINANCE OF THE CITY OF WESLACO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE, REGULATING AND GOVERNING THE DESIGN , CONSTRUCTION, ALTERATION, MOVEMENT, RENOVATION, REPLACEMENT, REPAIR AND MAINTENANCE OF SWIMMING POOLS, SPAS, HOT TUBS, AQUATIC FACILITIES AND RELATED EQUIPMENT IN THE CITY OF WESLACO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

BE IT ORDAINED BY THE CITY COMMISSION OF WESLACO as follows: Section 1. That a certain document is on file in the office of the Building Official of City of Weslaco, being marked and designated as the International Swimming Pool and Spa Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Pool and Spa Code of the City of Weslaco, in the State of Texas; regulating and governing the design, construction, alteration, movement, renovation, replacement, repair and maintenance of swimming pools, spas, hot tubs, aquatic facilities and related equipment as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Pool and Spa Code on file in the office of the Building Official are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

SECTION 2. The following sections are hereby revised: § SPS101.1 …….. City of Weslaco § SPS105.6.2……Master Fee Schedule § SPS105.6.3……fifty, ninety § SPS107.4………Class B Misdemeanor, two thousand, 180 days § SPS107.5………two hundred, two thousand

SECTION 3. Be It Further Ordained By The City of Weslaco that Ordinance No. entitled International Swimming Pool And SPA Ordinance, and all other ordinances in conflict herewith are hereby repealed in that respect only.


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SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City of Weslaco hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5. That nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect immediately from and after the date of its final passage and adoption.

PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 20th day of August , 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 3rd day of September, 2013. CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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ORDINANCE NO. 2013-20 AN ORDINANCE REPEALING THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE AND ADOPTING THE 2011 NATIONAL ELECTRICAL CODE AS THE ELECTRICAL CODE OF THE CITY OF WESLACO, AND REPEALING OTHER ORDIANCES OR PARTS THEREOF IN CONFLICT THEREWITH. BE IT ORDANINED BY THE CITY COMMISSION OF WESLACO as Follows: Section 1: The 2008 Edition of the National Electrical Code is hereby repealed and the 2011 Edition of the National Electrical Code is hereby adopted as the Electrical Code of the City of Weslaco Section 2: All ordinances or parts thereof in conflict herewith shall be and they are hereby repealed Section 3. Be It Further Ordained By The City of Weslaco Ordinance No. entitled National Electrical Code Ordinance, and all other ordinances in conflict herewith are hereby repealed in that respect only. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance or in the Building Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Weslaco hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 6. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matter established and adopted hereby shall take effect and be in full force and effect (time period) from and after the date of its final passage and adoption.


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PASSED AND APPROVED on first reading at a regular meeting of the City Commission this _20th day of _August, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013.

CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: _____________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ Ramon Vela, CITY ATTORNEY


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III. C.


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III. D.


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III. E.


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): 9/03/13 IV. A. From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: The City of Weslaco, Texas ad valorem property tax rate assessment for tax year 2013. RECORD VOTE Discussion: Discussion and consideration to approve ordinance adopting an ad valorem property tax rate, assessed at $.6867/$100.00 valuation pursuant to 26.05(d) of the Texas Tax Code on all taxable property within the City of Weslaco, Texas for Tax Year 2013, fixing the tax rate for the use and support of the general government and for the interest and sinking fund for the redemption of bonds and other indebtedness of the City of Weslaco, providing for the assessment of annual occupation taxes provided by law, and fixing a lien on all taxable property. Fiscal Note: Amount: Term of Impact: Identified in Current Budget: Y/N Additional Action Prompted: [ X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [X ] 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: To approve.

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department


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ORDINANCE NO. 2013-24 AN ORDINANCE LEVYING AN AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY OF WESLACO, TEXAS FOR THE TAX YEAR 2013, FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE GENERAL GOVERNMENT AND FOR THE INTEREST AND SINKING FUND FOR THE REDEMPTION OF BONDS AND OTHER INDEBTEDNESS OF THE CITY OF WESLACO, TEXAS, PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND FIXING A LIEN ON ALL TAXABLE PROPERTY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: I. THAT, there shall be and it is hereby levied on all property whether, real, personal or mixed, within the corporate limits of the City of Weslaco, Texas, not otherwise exempt, an ad valorem tax for the year 2013 ($0.1861) on each one hundred dollar valuation of property for the purpose of paying interest on and providing a sinking fund for the redemption of outstanding indebtedness of the City of Weslaco as follows: 2007 Certification of Obligation Bonds 2010 Certification of Obligation Refunding Bonds 2012 Certification of Obligation Refunding Bonds 2013 Certification of Obligation Bonds

0.0378 0.0317 0.0908 0.0258 $0.1861

II. THAT, there shall be and is hereby levied on all property, whether, real, personal or mixed, within the City of Weslaco, Texas, not otherwise exempt, an ad valorem tax for the year 2013 ($0.5006) on each one hundred dollar valuation of such property for the purpose of paying current expenses for the maintenance of public parks and other improvements and purposes as provided by the Charter of the City of Weslaco, Texas, and the laws of the State of Texas. THIS TAX RATE WILL DECREASE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL DECREASE FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $1.00. III. THAT there is hereby fixed on each and every item of taxable property a lien for the purpose of securing the payment of the taxes assessed thereon, and said lien shall continue to exist against any item of property against which a tax is assessed here under until such tax, together with all interest shall be paid.


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IV. THAT, there be and is hereby levied and ordered collected an annual occupational tax on fifty percent (50.0%) of the State Occupation Tax on each occupation taxed by the State of Texas. V. IF, any person shall neglect or refuse to pay the taxes herein imposed on him or his property, on or before January 31, 2014, the tax collector shall apply the following schedule of penalty and interest rates for use in calculating the total amount due on delinquent tax bills: February 2014 March 2014 April 2014 May 2014 June 2014 July 2014

7.0% 9.0% 11.0% 13.0% 15.0% 18.0%

PASSED AND APPROVED on first reading at a special meeting of the City Commission this 3rd day of September 2013. PASSED AND APPROVED on second reading at a special meeting of the City Commission this 17th day of September 2013. CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: __________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): 9/03/13 IV. B From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: The City of Weslaco Texas Municipal Retirement System (TMRS) ordinance effective January 1, 2014. Discussion: Discussion and consideration to approve the City of Weslaco Texas Municipal Retirement System (TMRS) benefits and rates and establishing an effective date of January 1, 2014 for such actions. Fiscal Note: Amount: $ 100,000 Term of Impact: 1 Year Identified in Current Budget: Y/N Additional Action Prompted: [ X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [X ] 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: To approve.

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department


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TMRS-Match USC-T-CPI 2013-25 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE MEMBERS OF THE CITY OF WESLACO; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WESLACO, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date has at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 50% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) On the terms and conditions set out in Section 853.601 of said title, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 853.601. (c) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City.


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Page 2.

An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 30% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the benefit accumulation fund of the System. BE IT FURTHER ORDAINED: That effective January 1, 2014, for each month of current service thereafter rendered by each of its employees who are members of the Texas Municipal Retirement System, the City will contribute to the current service annuity reserve of each such member at the time of his or her retirement, a sum that is 200% of such member's accumulated deposits for such month of employment; and said sum shall be contributed from the City's account in the benefit accumulation fund. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2014. Passed and approved this the ________ day of ________________________, ________.

ATTEST:

APPROVED:

_________________________________________ City Secretary or Clerk

_________________________________________ Mayor


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): 9/03/13 II. A & IV. C. From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: The City of Weslaco, Texas Municipal Budget for fiscal year 2013-14 ending September 30, 2014. RECORD VOTE Discussion: Discussion and consideration to approve ordinance adopting the City of Weslaco 201314 fiscal year municipal budget ending September 30, 2014. Fiscal Note: Amount: Term of Impact: Identified in Current Budget: Y/N Additional Action Prompted: [ X] Mayor’s Signature [X ] Public Hearing [ ] Budget Amendment [ ] Resolution [X ] 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: To approve.

Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Attachment Responsibilities upon Approval: Finance Department


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ORDINANCE NO. 2013-23 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF WESLACO, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014. BE IT ORDAINED BY CITY OF WESLACO, TEXAS: That, the City Manager of the City of Weslaco has heretofore duly and timely filed in accordance with the law, a budget for said City covering the fiscal year running from October 1, 2013 to September 30, 2014, that due and timely public notice that a Public Hearing on such budget would be held on September 3, 2013, was given and made in accordance with state law and within the time limits set forth by law; that such Public Hearing was held in accordance with the law on September 3, 2013, and that it is the opinion and judgment of the Weslaco City Commission that said budget, which is attached hereto, be and same is hereby in all things approved and same is proper and correct. WHEREFORE, said budget is here and now hereby in all things approved and adopted and it shall be effective as of October 1, 2013. PASSED AND APPROVED on first reading at a regular meeting of the City Commission this 3rd day of September, 2013. PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 17th day of September, 2013. CITY OF WESLACO _________________________________ Miguel D. Wise, MAYOR ATTEST: __________________________________ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ Ramon Vela, CITY ATTORNEY


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 3, 2013 II. B & IV. D From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of 1980 JTR Enterprises, LLC, d.b.a. O’Lei Restaurant & Bar. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Beer and Wine Retailer’s Permit at 601 S. Texas Blvd., also being Lots 23-24, Block 49, Weslaco Original Townsite, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain an OnPremise Beer and Wine Retailer’s Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on August 5, 2013. Twenty-two (22) property owners within 200 ft. of the applicant’s property were notified by letter on August 9, 2013. Two (2) people appeared in opposition to the request at the August 21, 2013, Planning and Zoning meeting due to the proximity of the restaurant to the First Baptist Church on South Kansas Avenue. The closest church is 353 feet from the restaurant. State and local codes require that there be at least a 300 foot separation between churches and establishments serving alcohol. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 08/21/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 3, 2013 II. C & IV. E From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, on behalf of Martha A. Trevino, d.b.a. Mariscos Estrella del Mar. Subject: Discussion and consideration to approve a Conditional Use Permit to obtain an On-Premise Beer and Wine Retailer’s Permit at 2017 W. Expressway 83, Unit 10, also being Lot B1, of the Re-subdivision of Lot 4, Jones-Davis-Harren Subdivision, Weslaco, Hidalgo County, Texas. Discussion: The applicant is requesting a Conditional Use Permit to obtain an OnPremise Beer and Wine Retailer’s Permit. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [ ] Mayor’s Signature [ X ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: Notice of the application and the public hearing for the Planning and Zoning Commission and the City Commission appeared in The Monitor on August 5, 2013. Nine (9) property owners within 200 ft. of the applicant’s property were notified by letter on August 9, 2013. Staff has not received any comments against the request and no one appeared at the August 21, 2013, Planning and Zoning Meeting in opposition to the request. Advisory Review, if any (name of board/committee, date of action, recommendation): Planning & Zoning Commission, 08/21/2013, recommends approval. Recommendation for Commission Action: Staff recommends approval of the Conditional Use Permit. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Application for Conditional Use Permit with attachments. Responsibilities upon Approval: Planning staff will advise applicant.


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RESOLUTION NO. 2013-65 THE STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION DETERMINING THE NUMBER OF INHABITANTS IN THE CITY OF WESLACO, HIDALGO COUNTY, TEXAS

WHEREAS, Section 42.01 of the Texas Local Government Code determines a municipality’s extraterritorial jurisdiction based on the number of “inhabitants” a municipality has; and WHEREAS, By Section 42.022 (c) of the Texas Local Government Code a municipality’s extraterritorial jurisdiction may expand “through annexation, request, or increase in the number of inhabitants”; and WHEREAS, The Attorney General of Texas has determined in Letter Opinion 94-033 that a municipality may “choose the method by which it will ascertain the boundaries of its extraterritorial jurisdiction, determined in compliance with Section 42.021 of the Texas Local Government Code.” NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WESLACO that: 1. The number of inhabitants within the Corporate limits of the City of Weslaco, Hidalgo County, Texas is 64,508 based on a method used by the City of Weslaco that incorporates the most recent federal decennial census, school age population, and birth records. 2. The Extraterritorial Jurisdiction of The City of Weslaco based on its inhabitants is now 3½ miles from the corporate boundaries of the City of Weslaco as directed by Section 42.021 (a) 4 of The Texas Local Government Code which states that the extraterritorial jurisdiction to the corporate boundaries of a municipality shall be “(4) within 3½ miles of those boundaries, in the case of a municipality with 50,000 to 99,000 inhabitants.” 3. This Resolution shall become effective upon adoption. PASSED AND APPROVED on this 3rd day of September, 2013. CITY OF WESLACO

_______________________________________ Miguel D. Wise, MAYOR ATTEST: _______________________________________ Eliabeth 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): 09-03-2013 IV. G From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: Discussion and consideration to authorize the preparation of service plans for the involuntary annexation of any tracts of land in addition to those as presented June 4, 2013. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. Discussion: The preparation of a service plan is the first step in the involuntary annexation process. After the service plan is approved by the City Commission, all affected property owners will be notified of the two required public hearings where the service plan will be presented. 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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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): 09-03-2013 IV. H From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: Discussion and Consideration to approve the annexation service plan as presented. Discussion: State statutes require the City to prepare a service plan which indicates what city services will be made available to the newly annexed areas and in what time frame those services will be provided. The cost to implement the service plan will vary depending on the area annexed. Subsequent to the public hearings staff will make recommendations to the City Commission on which, if any, tracts of land should be annexed and what the cost to provide services to the area will be. Fiscal Note: Amount: N/A Term of Impact: [] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: 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 the service plan as presented Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Proposed service plan Responsibilities upon Approval: Service plan will be available to the public at the annexation public hearings


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SERVICE PLAN FOR ANNEXED AREAS WHEREAS, Section 43.056 of the Local Government Code of the State of Texas requires that a plan of service be prepared, prior to the publication of notice of a hearing, providing for the extension of municipal services into the area to be annexed; and WHEREAS, the following Service Plan has been prepared for said territory and is hereby presented for public inspection and for consideration by the City Commission of the City of Weslaco, Hidalgo County, Texas. PURSUANT TO THE PROVISIONS Section 43.056 of the Local Government Code of the State of Texas, THERE IS HEREBY prepared FOR THE AREA BOUNDED, AS DESCRIBED ABOVE, THE FOLLOWING PLAN OF SERVICE: SECTION I: AREA COVERED BY SERVICE PLAN. The following area to be annexed is covered by the provisions of this service plan: 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 3437, 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 3437, 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


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Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 3437, 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 3437, 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 3437, Hidalgo County Map Records Tract 9: 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 1020,1021,1022,1023,1024,1025,1094,1098,1099 and 1100, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 3437, 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 CITY OF WESLACO, TEXAS 2


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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 ,S.W. Fordyce Tract of the Llano Grande Grant, according to the plat thereof recorded in 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 Tract 18: A tract of land containing 656.27ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 63,64,75,76,77,78,89,90,91,92,104,105,106,108,109 and part of the Hidalgo and Cameron County Irrigation District N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 19: A tract of land containing 43.96ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 1011, 1018 and 1019 West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 20: A tract of land containing 280.22ac situated in the County of Hidalgo, Texas, being a part of portion of S.W. Fordyce Tract, Moore and Son Farm Tract and J.J.Y. De Balli Tract of the Llano Grande Grant, according to the plat thereof recorded in Hidalgo County Map Records Tract 21: Tejas Cuatro Subdivision, a subdivision containing 10.00 acres out of Farm Tract 115, Block 161, West Tract Subdivision, Llano Grande Grant, and Tejas Cuatro Phase 2 Unit A Subdivision, being a 13.78 acre subdivision out of Farm Tract 172, Block 161, West Tract Subdivision as recorded in Volume 2, Pg 34-37 of the Map Records in the office of the County Clerk of Hidalgo County, Texas. Tract 22: A tract of land containing 318.93ac situated in the County of Hidalgo, Texas, being all of farm tracts 280,285,288,293 and 294 and part of the Hidalgo and Cameron County Irrigation District N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, also all of farm tracts 84,85 and 86 out of the La Blanca Agricultural Co. Subdivision, according to the plat recorded at the Hidalgo County Map Records. Tract 23: CITY OF WESLACO, TEXAS 3


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A tract of land containing 752.11ac situated in the County of Hidalgo, Texas, being all of farm tracts 1057,1058,and 1059 and part of the Hidalgo and Cameron County Irrigation District N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, also all or part of Lots 2,7,9,10 out of Block 117,Lots 1,8,9,10,11,12 out of Block 100, Lots 4 out Block 83, part or all of Lots A thru H,N,O,P,Q,R out of the Capisallo Heights, part or all of Lots 13,14 out of Block 84, and 3024,3025 out of the Capisallo Subdivision, according to the plat recorded at the Hidalgo County Map Records. Metes and Bounds are attached to this service plan for the above legal descriptions. SECTION II: PROVISION OF SERVICES. The City of Weslaco, Texas hereby proposes to provide for the provision of municipal services to the area to be annexed. The City shall provide the services in accordance with the provisions of its Code of Ordinances regulating the extension of said services. This service plan does not propose a uniform level of full municipal services to the territory to be annexed if characteristics of topography, land use and population density are considered by the City as a sufficient basis for providing different level of services. The following service plan shall constitute a program under which the City shall provide the following services in the area immediately after the effective date of the annexation. 1.

Police Protection Patrolling, radio responses to calls, and other routine police services using present personnel and equipment will be provided on the effective date of annexation.

2.

Fire Protection Fire protection by present personnel and equipment of the fire fighting force, within the limitations of available water, will be provided on the effective date of annexation.

3.

4

Emergency Medical Services Emergency medical services by present personnel and equipment will be provided on the effective date of annexation. Solid Waste Collection The same regular solid waste collection service now provided within the city will be extended to the annexed area. However, before the second anniversary of the effective date of the annexation the City will not prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; nor will the City impose a fee for solid waste management services on a person who continues to use the CITY OF WESLACO, TEXAS 4


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services of a privately owned sold waste management service provider in that two year period. 5.

Maintenance of Water and Wastewater Facilities a. Water Service Maintenance of existing city owned water lines in annexed areas will be in accordance with established policies of the city. b. Wastewater Service. Maintenance of existing city owned wastewater lines will be in accordance with the established policies of the city.

5.

Maintenance of Roads and Streets, including Road and Street Lighting a. Maintenance of Roads and Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation.

b.

(2)

Routine maintenance on the same basis as in the present city limits, will begin in the annexed area immediately after the effective date of the annexation.

(3)

Reconstruction and resurfacing of streets, installation of storm drainage ditches, and other major improvements, as the need thereof is determined by the governing body, will be accomplished under the present established policies of the city.

Street and Road Lighting Installed street lighting will be maintained in accordance with current standards.

6.

Maintenance of Any other Publicly Owned Facility, Building or Service a.

Inspection and code enforcement services Any inspection or code enforcement services now provided by the city (building, electrical, plumbing, health, animal control, etc.) will begin in the annexed area on the effective date of annexation.

b.

c.

Planning and Zoning (1) The planning and zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. (2) The area annexed will be zoned as R-1 Single Family Residential District on the effective date of annexation. Parks, playgrounds and swimming pools Any public park, playground or swimming pool will be maintained by the City in accordance with current city standards on the effective date of the annexation. CITY OF WESLACO, TEXAS 5


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SECTION III: EXTENSION OF SERVICES. The City of Weslaco, Texas hereby proposes to provide for the extension of municipal services to the area to be annexed, provided that the City of Weslaco owns the Certificate of Convenience and Necessity for the area as determined by the Texas Commission on Environmental Quality. The City shall provide the services in accordance with the provisions of its Code of Ordinances regulating the extension of said services The City will provide full municipal services no later than 2 ½ years after the effective date of the annexation pursuant to Section 43.056 Local Government Code of the State of Texas.. 1. Extension of Water and Wastewater Facilities a. Water Service (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines within two and one-half (2 ½) years from the effective date of annexation. (2) Extension of water lines into annexed areas will be in accordance with city ordinances and will be accomplished within two and one-half (2 ½) years from the effective date of annexation (3) Extension of water lines to undeveloped land within the annexed area will be done according to existing ordinances covering extension of utilities and will be paid by the property owners. b. Wastewater Service. (1) Adequate wastewater service to the area shall be supplied within two and one-half (2½) years from the effective date of annexation, according to existing ordinances covering extension of utilities. (2) Extension of wastewater lines into annexed areas will be in accordance with city ordinances and will be accomplished within two and one-half (2 ½) years from the effective date of annexation. (3) Extension of wastewater lines to undeveloped land within the annexed area will be done according to existing ordinances covering extension of utilities and will be paid by the property owners. 2. EXTENSION OF ROADS AND STREETS, INCLUDING ROAD AND STREET LIGHTING a. Extension of Roads and Streets (1) The extension of roads to inhabited areas in the annexation and paving of existing streets will conform to current city ordinances and be completed within two and one-half (2 ½) years. (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. CITY OF WESLACO, TEXAS 6


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(3)

b.

Street name signs where needed, will be installed within two and one-half (2½) years, after the effective date of annexation. Street and Road Lighting Street lighting will be installed in accordance with current standards at the time of petition to the governing body for placement of a street light.

SECTION IV: APPROVAL AND TERM OF SERVICE PLAN 1. Upon completion of the public hearings at which this service plan is presented for public inspection and consideration, this service plan shall be attached to the ordinance annexing the territory described above and approved as part of the ordinance. 2. This service plan shall become effective upon the final approval of the ordinance annexing the territory described above. 3. This service plan shall be valid for a period not to exceed ten years from the date of annexation.

SUBMITTED on this the _____ day of __________, 2013, for public inspection and consideration and for approval by the City Commission of the City of Weslaco, Hidalgo County, Texas.

CITY OF WESLACO

______________________________ MIGUEL D. WISE, MAYOR

ATTEST:

________________________________ ELIZABETH WALKER, CITY SECRETARY

CITY OF WESLACO, TEXAS 7


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): 09-03-2013 IV. I From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: A resolution setting dates, times and places for public hearings on the proposed annexation of certain property by the City of Weslaco, Texas and authorizing and directing the Mayor to publish notice of such public hearings. Discussion: State statutes require two public hearings prior to the institution of annexation proceedings. The dates, times and locations of the public hearings must be indicated in the form of a resolution. Fiscal Note: Amount: N/A Term of Impact: [] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X ] 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): N/A Recommendation for Commission Action: Approve the resolution as presented Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Resolution Responsibilities upon Approval: Staff will follow up with required documentation


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RESOLUTION SETTING PUBLIC HEARINGS ON A PROPOSED ANNEXATION RESOLUTION NO. 2013-66 A RESOLUTION SETTING DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF WESLACO, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS: SECTION 1. On the 15th day of October, 2013 at 5:30 p.m. and on the 16th day of October, 2013, at 5:30 p.m., in the Legislative Chambers of the City Hall of the City of Weslaco, Texas, the City Commission will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Weslaco, Texas of the following described property, to-wit: 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:


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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: 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 1020,1021,1022,1023,1024,1025,1094,1098,1099 and 1100, West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records


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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 ,S.W. Fordyce Tract of the Llano Grande Grant, according to the plat thereof recorded in 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 Tract 18: A tract of land containing 656.27ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 63,64,75,76,77,78,89,90,91,92,104,105,106,108,109 and part of the Hidalgo and Cameron County Irrigation District N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 19: A tract of land containing 43.96ac situated in the County of Hidalgo, Texas, being a portion of farm tracts 1011, 1018 and 1019 West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, Hidalgo County Map Records Tract 20: A tract of land containing 280.22ac situated in the County of Hidalgo, Texas, being a part of portion of S.W. Fordyce Tract, Moore and Son Farm Tract and J.J.Y. De Balli Tract of the Llano Grande Grant, according to the plat thereof recorded in Hidalgo County Map Records Tract 21: Tejas Cuatro Subdivision, a subdivision containing 10.00 acres out of Farm Tract 115, Block 161, West Tract Subdivision, Llano Grande Grant, and Tejas Cuatro Phase 2 Unit A Subdivision, being a 13.78 acre subdivision out of Farm Tract 172, Block 161, West Tract Subdivision as recorded in Volume 2, Pg 34-37 of the Map Records in the office of the County Clerk of Hidalgo County, Texas. Tract 22: A tract of land containing 318.93ac situated in the County of Hidalgo, Texas, being all of farm tracts 280,285,288,293 and 294 and part of the Hidalgo and Cameron County Irrigation Distrcit N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in


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Volume 2, Pages 34-37, also all of farm tracts 84,85 and 86 out of the La Blanca Agricultural Co. Subdivision, according to the plat recorded at the Hidalgo County Map Records. Tract 23: A tract of land containing 752.11ac situated in the County of Hidalgo, Texas, being all of farm tracts 1057,1058,and 1059 and part of the Hidalgo and Cameron County Irrigation Distrcit N0. 9 (HCCID #9) West and Adams Tract Subdivision, according to the plat thereof recorded in Volume 2, Pages 34-37, also all or part of Lots 2,7,9,10 out of Block 117,Lots 1,8,9,10,11,12 out of Block 100, Lots 4 out Block 83, part or all of Lots A thru H,N,O,P,Q,R out of the Capisallo Heights, part or all of Lots 13,14 out of Block 84, and 3024,3025 out of the Capisallo Subdivision, according to the plat recorded at the Hidalgo County Map Records.

SECTION 2. The Mayor of the City of Weslaco is hereby authorized and directed to cause notice of such public hearing to be published once in a newspaper having general circulation in the city and in the above described territory not more than twenty days nor less than ten days prior to the date of such public hearing, in accordance with the Municipal Annexation Act.

PASSED AND APPROVED this the 3rd day of September, 2013. Mayor _______________________________ ATTEST: City Secretary _______________________________


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 3, 2013 IV. J From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: An ordinance amending ordinance number 75-4, the City of Weslaco Subdivision Ordinance, codified as Appendix B, Article I, Section 26 of the Weslaco Code of Ordinances; adopting new subdivision regulations; providing for publication and an effective date and ordaining other matters with respect to the subject matter hereof. Discussion: Staff is proposing changes to the current subdivision ordinance. An advertised public hearing was held at the August 21st Planning and Zoning Commission meeting. No one from the public had any comments regarding the proposed changes. The comments from the Planning and Zoning Commission have been addressed. 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 [X ] 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): The Planning and Zoning Commission, at the August 21, 2013 meeting, recommended approval of the subdivision ordinance with the stipulation that the ordinance be reviewed by the Planning and Zoning Commission at the September 19th meeting, in order to ensure that all comments have been addressed. Recommendation for Commission Action: Approve the first reading of the subdivision ordinance. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Proposed subdivision ordinance Responsibilities upon Approval: Planning and Code Enforcement staff will work with developers to assure a smooth transition from the existing ordinance to the new subdivision regulations.


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ORDINANCE

2013-22

AN ORDINANCE AMENDING ORDINANCE NUMBER 75-4, THE CITY OF WESLACO SUBDIVISION ORDINANCE, CODIFIED AS APPENDIX B, ARTICLE I, SECTION 26 OF THE WESLACO CODE OF ORDINANCES; ADOPTING NEW SUBDIVISION REGULATIONS; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND ORDAINING OTHER MATTERS WITH RESPECT TO THE SUBJECT MATTER HEREOF. BE IT ORDAINED BY THE CITY OF WESLACO: I. ORDINANCE 75-4, passed and approved on January 21, 1975, The City of Weslaco Subdivision Ordinance and codified as Appendix B, Article I, Section 26 of the Weslaco Code of Ordinances is hereby repealed in its entirety. II. After second and final reading of this Ordinance the new subdivision ordinance will be adopted and codified as Appendix B, Article I, Section 26 of the Weslaco Code of Ordinances and said Article I shall read as follows:

Sec. 26-1.01 - Definitions (a)

Generally. Those definitions not expressly prescribed in this section are to be construed in accordance with the zoning ordinance or other applicable ordinances of the city, or in the absence of such ordinances, then in accordance with customary usage in municipal planning and engineering practices.

(b)

Enumeration of specific definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alley means a minor public right-of-way which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street, and not intended to provide the primary means of access to abutting lots. Any office means any office referred to in this chapter by title, the person employed or appointed by the city in that position, or duly authorized representatives. Building setback line means the line within a property defining the minimum permissible horizontal distance between a building and the adjacent street right-of-way line. Comprehensive general plan means the comprehensive general plan is a statement of public policy containing the goals and objectives of the community, the capital improvement program, the land use plan, the subdivision and zoning regulations, City of Weslaco Subdivision Ordinance-2013

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and other development codes, ordinances, policies and plans or amendments promulgated by the city commission for the quality and orderly growth of the community. Crosswalk means a public right-of-way, six feet or more in width between property lines, which provides pedestrian circulation. Cul-de-sac means a street having but one outlet to another street, and terminated on the opposite end by a vehicular turnaround. Dead-end street means a street, other than a cul-de-sac, with only one outlet. Developer means and shall be used synonymously with the term "subdivider." Engineer means a person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter a person licensed to engage in the practice of engineering in the State of Texas. Extraterritorial jurisdiction means that area surrounding the city limits and extending five miles therefrom, except where modified by interlocal cooperation agreements with neighboring cities, the county, or where modified by court order. Lot means an undivided tract or parcel of land having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record. Low Density Residential Dwellings means single family houses, townhouses, duplexes, triplexes and quad-plexes; Measuring standard means, where indicated or called for, 1,300 feet shall be measured by using the most direct route utilizing public rights-of-way and/or easements. The city shall make the final determination in all cases. Median island means a normally landscaped barrier constructed between lanes of traffic. Net area means the area of a lot, excluding all easements greater than 15 feet in width or length, dedications and/or rights-of-way. Pavement width means the portion of a street available for vehicular traffic, and where curbs are laid, the portion between the face of curbs. Planned unit development means a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. Planner, land or city, means a person having an occupation classified as city or land planning. Planning and zoning commission means a planning and zoning commission, planning and zoning commission, planning and zoning board, or delegated representative of the city responsible for the proper implementation of the city codes and ordinances. The planning and zoning commission is also responsible for proper city growth and development.

City of Weslaco Subdivision Ordinance-2013

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Plat means a map or drawing of a tract of land which presents the developer's plan of his subdivision. As a general rule, the plat will show the tract's location, boundaries and area, as well as individual lot boundaries, proposed streets, utilities, public areas, and other information the city must have to determine whether the proposed subdivision complies with the requirements of local regulations, and a copy of which the developer intends to file for record. Public utilities means all lines and auxiliary equipment and services necessary to furnish water, sewer and publicly provided services to a subdivision including, but not limited to, the installation cost of all streetlights as determined and established by the utility company servicing such subdivision. Rural development area means that portion of the city's extraterritorial jurisdiction outside of the corporate limits of the city. Single-lot variance means an exception to the mandates of this chapter which, due to extreme extenuating circumstances or to a proposed use of a temporary nature to the subject property, may be approved exclusively by the planning and zoning board and which meets the criteria found in section 26-08(b). Speeds means the 85th percentile speeds, i.e., the speed at or below which 85 percent of vehicles are traveling; Speed Criteria means the speed that is 5 mph or greater over the legal speed limit (30mph); Street means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parking, throughway, road, avenue, boulevard, lane, place or however otherwise designated. (1) An arterial street is a free-flowing street, normally the main thoroughfare through a community, receiving traffic from collector and minor streets. (2) A collector street carries traffic from minor streets to the major system of arterial streets and highways, including streets of circulation around residential development. (3) A minor street is one used primarily for access to abutting residential property. Street as utilized for traffic calming measures means the street length that must be petitioned. It is a 1000-foot segment generally centered on the proposed location of the traffic calming measures, or the length of the block,whichever is greater. If the 1000foot segment extends into any part of an adjacent block, it includes the entire length of the adjacent block, unless separated by an intervening thoroughfare, traffic signal or offset intersection. Subdivider means any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined in this section. In any event,

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the term "subdivider" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided. Subdivision means a subdivision of a lot, tract or parcel of land situated within the corporate limits, or within the extraterritorial jurisdiction, into two or more parts, lots or sites for the purpose, whether immediate or future, of sale, division of ownership or building development. Subdivision includes resubdivision of land or lots which are a part of a previously recorded subdivision, but it does not include the division of land for agricultural purposes of parcels of five acres or more and not involving any new street, alley, or easement of access; and where water service by a public water supplier is available immediately to the parcel upon application by the owner of a parcel beyond the boundaries of the suburban development area. On all parcels which are divided within the boundaries of the extraterritorial jurisdiction, a subdivision plat shall be filed. Suburban subdivision means a subdivision lying in whole or in part within the extraterritorial jurisdiction of the city (Vernon's Ann. Civ. St. art. 974(a)). Surveyor means a licensed state land surveyor or a registered public surveyor, as authorized by the state statutes to practice the profession of surveying. Traffic Impact Analysis means analysis to provide information on the projected traffic generated by a proposed development. Total cost means costs of completed system including engineering and contingencies. Traffic calming measures means any vertical deflections, horizontal shifts and roadway narrowings that are intended to reduce speed and enhance the street environment for non-motorists, e.g. speed humps, speed table, raised intersections and traffic islands. Traffic Speed Study means the operational characteristics, and geometric characteristics of a typical day for 24hrs. Typical Day means Tuesday, Wednesday, or Thursday Urban development area means that area that lies within the corporate limits of the city as modified from time to time. Urban subdivision means a subdivision within the corporate limits of the city. Utility easement means land granted to the city, to the public generally, and/or to a private utility corporation for the installation and maintenance of utilities across, over or under land as required with the right to enter thereon with machinery and vehicles necessary for the maintenance of such utilities.

Sec. 26-02 - General authority. This chapter is adopted pursuant to the authority vested in the constitution and general laws of the state, and by virtue of the applicable provisions of the city Charter.

Sec. 26-03. - Extraterritorial jurisdiction. This chapter is also adopted pursuant to the authority vested in the constitution and general laws of the state, including particularly, V.T.C.A., Local City of Weslaco Subdivision Ordinance-2013

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Government Code ยง 212.001 et seq., and the provisions of V.T.C.A., Local Government Code ยง 212.003, and pursuant to the Charter of the city. Ord. No. 399, adopted September 7, 1965, provided for an agreement between the City of Donna and the City of Weslaco, as follows: Section 1. The agreement in writing heretofore negotiated between the City of Weslaco, Texas and the City of Donna, Texas, with respect to the apportionment of the overlapped area of the extraterritorial jurisdiction of each of said cities under the Municipal Annexation Act (Chapter 160, Acts of the 58th Legislature, Regular Session, 1963; compiled as Article 970a, Vernon's Texas Civil Statutes) is hereby approved and adopted, according to the terms of such agreement as set forth in Section 2 of this ordinance. Section 2. The Agreement in writing reads as follows: STATE OF TEXAS COUNTY OF HIDALGO This agreement is executed by and between the City of Weslaco, Texas and the City of Donna, Texas; WITNESSETH: First. The parties agree that under the provisions of the Municipal Annexation Act, the City of Weslaco, Texas has extraterritorial jurisdiction within one (1) mile of its corporate limits, and the City of Donna, Texas has extraterritorial jurisdiction within one (1) mile of its corporate limits. Second. The parties agree that there exists an overlapped area of extraterritorial jurisdiction of each of said cities, as that jurisdiction is defined in the Municipal Annexation Act, which area of overlapped extraterritorial jurisdiction is more particularly described as follows: BEGINNING, at a point at the intersection of County Road known as Mile 6 West and the Southeast corner of Farm Tract 660 for the point of beginning of this description, THENCE, West along a line separating Farm Tracts 660, 659, 657, 654, 653, 648, 647, and 644 to a point of East Right-of-Way line of Midway Road and the Southwest corner of Farm Tract 644, THENCE, North along the East Right-of-Way line of Midway Road to a point on the North Right-of-Way of the Missouri-Pacific Railroad,

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THENCE, Northeast through Farm Tracts 164 and 165 to a point being the Southwest corner of Farm Tract 161, THENCE, East along a line separating Farm Tracts 161, 162, 153, 154, 146, and 147 to the West Right-of-Way line of Farm Road Mile 6 West, THENCE, South along the West Right-of-Way line of Farm Road Mile 6 West to the point of beginning. Third. From and after the date this agreement is approved and adopted by the governing bodies of both the cities which are parties hereto, there is apportioned to the City of Weslaco, Texas and it shall have exclusive extraterritorial jurisdiction over the following described area, the same being a part of the overlapped area described in the second paragraph of this Agreement: BEGINNING, at a point at the intersection of County Road known as Mile 6 West and the Southeast corner of Farm Tract 660 for the point of beginning of this description, THENCE, West along a line separating Farm Tracts 660, 659, 657, 654, 653, 648, 647, and 644 to a point of East Right-of-Way line of Midway Road and the Southwest corner of Farm Tract 644, THENCE, North along the East Right-of-Way line of Midway Road to a point on the North Right-of-Way of the Missouri-Pacific Railroad, THENCE, Northeast through Farm Tracts 164 and 165 to a point being the Southwest corner of Farm Tract 161, THENCE, East along a line separating Farm Tracts 161, 162, 153, 154, 146 and 147 to the West Right-of-Way line of Farm Road Mile 6 West, THENCE, South along the West Right-of-Way line of Farm Road Mile 6 West to the point of beginning. Fourth. From and after the date this agreement is approved and adopted by the governing bodies of both the cities which are parties hereto, there is apportioned to the City of Donna, Texas and it shall have exclusive extraterritorial jurisdiction over the following described area, the same being a part of the overlapped area described in the second paragraph of this Agreement: All areas not shown in second paragraph of this Agreement and within one mile of the city limits of the City of Donna.

Sec. 26-04. - Purpose of chapter. The purpose of this chapter is to provide for the orderly, safe and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, morals and general welfare of the community. City of Weslaco Subdivision Ordinance-2013

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Sec. 26-05. - Conformance to general plan. (a)

(b)

(c)

No plat or subdivision of land within the city and within its extraterritorial jurisdiction, as determined by Vernon's Ann. Civ. St. art. 974(a) and Vernon's Ann. Civ. St. art. 970(a), shall be approved unless the plat conforms to the general plan of the city and its roads, streets, alleys, easements, parks, playgrounds and public utility facilities, including those which have been or may be laid out and to the general plan for the extension of the city and of its roads, streets, alleys, easements and public highways, regard being had for access to public utilities. Whenever there shall be a subdivision of land within the area between the extraterritorial jurisdiction of the city and a distance of five miles from the corporate limits of the city, unless such area shall also be located in the extraterritorial jurisdiction of an adjoining city, any person so subdividing such property shall file a subdivision plat with the planning and zoning commission for approval by the city. Such plat shall not be approved unless it conforms to the general plan and requirements as promulgated by the county commissioners' court, and in addition thereto, provision shall he made for the supplying of a potable water supply source shall be approved by the state department of health for the supplying of potable water to consumers. The city planning and zoning commission is hereby authorized to approve any such plats on behalf of the city and shall thereafter submit the same to the county commissioners' court for its approval. Upon the violation of any requirement of this section, the city attorney is specifically authorized to seek injunctive relief preventing the sale of any or all lots within such subdivision and requiring the developer to meet the subdivision requirements as provided for under this chapter.

Sec. 26-06. - General provisions. (a)

(c)

No permit shall be issued within the city by the city for the installation of septic tanks. (b) No building, repair, plumbing, electrical or business permit shall be issued by the city for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record. A business permit shall not be issued for any lot within a subdivision in which the prevailing fire hydrant, paving, sidewalks, and streetlight standards contained in this chapter or referred to in this chapter have not been complied with in full. The term "lot," as used in this chapter, shall also include a parcel of land consistent of a lot in a subdivision for which a final plat has been approved and filed for record and is an adjacent portion of another such lot. The city shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and

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(d)

(e)

(f)

(g)

(h)

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filed for record, nor in which the standards contained in this chapter or referred to in this chapter have not been complied with in full. The city shall not sell or supply any water, gas, electricity or sewage service within a subdivision for which city standards have not been approved and filed for record, nor in which the standards contained in this chapter or referred to in this chapter have not been complied with in full. In behalf of the city, the city attorney shall, when directed by the city commission, Institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to in this chapter with respect to any violation of this chapter which occurs within the city, or within the extraterritorial jurisdiction of the city as such jurisdiction is determined under the municipal annexation act, or as determined by agreement with other municipalities in the area, or within any area subject to all or a part of the provisions of this chapter. If any subdivision exists for which a final plat has not been approved or in which the standards contained in this chapter or referred to in this chapter have not been complied with in full, the city commission shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval, and reciting the fact that the provisions of subsections (a), (b), (c) and (d) of this section will apply to the subdivision and the lots in this chapter. The city secretary shall, when directed by the city commission, cause a certified copy of such resolution under the corporate seal of the city, to be filed in the deed records of the county in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the city secretary shall forthwith file an instrument in the deed records of such county stating that subsections (a), (b), (c) and (d) of this section no longer apply. Mobile homes, travel trailer and recreational vehicle parks and/or subdivisions shall have plat approval in accordance with the process contained in this chapter or referred to in this chapter in accordance with this chapter and other provisions of this Code and city ordinances as applicable. The provisions of this section shall not be construed to prohibit the issuance of building, repair, plumbing or electrical permits with respect to any lots or building tract, nor prohibit the repair, maintenance or installation of any street or public utility services for, to or abutting any lot, in these instances, where the last recorded conveyance of such lot or tract prior to passage of this chapter was by metes and bounds; or where a building is in existence on such lot prior to passage of this chapter; or where such subdivision, whether by recorded plat or by actual occupancy and use, was in existence prior to the passage of this chapter.

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Sec. 26-07. - Variance. The planning and zoning commission shall recommend variance from the chapter to the City commission when, in its opinion, undue hardships will result from requiring strict compliance. In recommending a variance, the planning and zoning commission shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the findings required in this section, the planning and zoning commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the health, safety, convenience and welfare in the vicinity. No variance can be recommended unless the planning and zoning commission finds that: (1) (2)

(3) (4)

(5)

A written request of the developer is submitted in advance of making such request. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. The granting of a variance is necessary for the preservation and enjoyment of the legal property rights of its owner. The granting of the variance will not be detrimental to the public health, safety, welfare, or injurious to the legal rights other property owners enjoy in the area. The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. Such findings of the planning and zoning commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the planning and zoning commission's meeting at which such variance is considered. Variance may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice accomplished. Financial hardship to the subdivider, standing alone, shall not constitute undue hardship.

The city commission shall have the ultimate power to grant or reject variance upon receipt of a recommendation from the planning and zoning commission.

Sec. 26-08. - Single-lot variance; approval and procedures.

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(a)

(b)

(c)

(d)

(e)

(f)

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Planning and zoning commission. The city commission grants discretionary authority to the planning and zoning commission to approve single-lot variances which may be issued on a case-by-case basis after consultation with the city manager, city engineer, and the director of planning. No singlelot variance shall be considered except upon submittal of an application with the applicable fee paid. Approved single-lot variance by the planning and zoning commission may not be presented to the city commission unless city staff or the applicant, if he is not in agreement to the conditions set forth by such commission, presents a written appeal within 30 working days to the city commission for review and action. It is hereby mandated that a denied singlelot variance by the planning and zoning commission will automatically be presented to the city commission who shall then have the ultimate authority to decide. All approved decisions by the planning and zoning commission that are agreed to by the applicant shall be forwarded to the city commission by the planning department by forwarding a copy of the signed application for single-lot variance. Single-lot variances. Single-lot variances, aside from meeting section 2607(1)—(5), must meet the following criteria: It is a single tract and not a series of proposed tracts, it has access to a paved public street, it does not require any new streets to be dedicated and/or improved, it does not require extension of municipal utilities, it is within the corporate limits or extraterritorial jurisdiction of the city. Planning and zoning commission on discretionary terms of approval. By granting any single-lot variance, especially to those on the entire provisions of this chapter, the planning and zoning commission has the planning discretion of requiring other terms of conditions which may mitigate the effects of an awarded single-lot variance. On the required written application for a singlelot variance, the planning and zoning commission chairperson and the applicant shall then sign such document. Should the applicant refuse to sign and reflectively not accept such commission's terms of approval, the matter will then be forwarded to the city commission for their ultimate decision unless withdrawn by the applicant. Filing fee. Each application for single-lot variance shall be accompanied by a filing fee as specified in the most recently adopted schedule of fees. No application shall be considered until such payment is made. Time limitation. Once a single-lot variance is granted, if such approval is contingent on certain conditions, then such conditions must be met within one year, if not, the approval is revoked, an extension of six months can be granted by planning and zoning commission. Upon approval of a Single-Lot Variance, the Director of Planning shall make a notation on the city map of the location of the approved Single-Lot Variance.

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Sec. 26-09. - Administrative enforcement. (a)

(b)

The city may elect, at its option, to enforce one or more of the following options to this chapter: (1) Denial of plat approval. No plat shall be recorded unless it contains the data required by section 26-04, nor shall any court clerk record a plat which has not received the prior approval of the city commission and planning and zoning commission. (2) Institute appropriate action in a court of competent jurisdiction, to enforce the provisions of this chapter. (3) Denial of public utilities. (4) Denial of building permits. (5) Provide for misdemeanor offenses within the corporate limits of the city. Any person residing in any subdivision shall have the requisite standing and authority to enforce the standards established pursuant to this chapter and may file suit in any court of competent jurisdiction for his damages or for declaratory or injunctive relief or such other relief as may be deemed appropriate.

Sec. 26-10. - Penalties for violation of chapter. (a)

(b)

Any person violating any provision of this chapter within the corporate limits of the city shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $200.00. Each day that such violation continues shall be a separate offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violation of this chapter. The penalty provided in subsection (a) of this section should not be construed as exclusive, and the city hereby provides that any other remedy available to it, in the enforcement of this chapter, in law or in equity including, but not limited to, an injunction in a court of competent jurisdiction, is not intended to be, and is not foreclosed by the provision of such penalty.

Sec. 26-11. - Termination. Plat approval shall be for a period of one year from the date final plat approval is granted. Extensions may be granted by the City commission by petition of the applicant for such extension. If after one year from the date that the council has approved the final plat, subdivision construction has not begun on the improvements required by this chapter, the city may at its option institute appropriate City of Weslaco Subdivision Ordinance-2013

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action to acquire the securities filed by the developer to ensure compliance and complete the construction of the required improvements itself, or should the subdivider fail to proceed with the construction of the subdivision, the council may pass a resolution after the date of termination, terminating the plat approval, reciting the fact of such noncompliance or failure to proceed with the subdivision. Therein, the city secretary shall, when directed by the city commission, cause a certified copy of such resolution under the corporate seal of the city to be filed in the deed records of the county in which such subdivision or part thereof lies.

Sec. 26-12. - Rules, regulations, standards and specifications. The rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of streets, curbs, street lights, street signs, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments, criteria for drainage easement requirements, drainage facilities and crosswalks are on file in the planning department. No such rules, regulations, standards and specifications shall conflict with this chapter or any ordinances of the city. All such improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulations, standards and specifications.

Sec. 26-13. - Standards manual adopted by reference. The "Standards Manual," is hereby adopted in its entirety for immediate implementation upon release by the City Engineer

Sec. 26-14. - Model subdivision rules adopted by reference. The city hereby adopts and agrees to enforce the Model Subdivision Rules, a copy of which is on file the city secretary's office.

Sec. 26-15. - Preliminary conference. Prior to the official filing of a preliminary plat, the subdivider, his planner or representative, shall consult with and present a proposed plan of the subdivision to the Planning and Code Enforcement Department for comments and advice on the procedures, specifications and standards required by the city for the subdivision of land.

Sec. 26-16. - Where subdivision is unit of a larger tract. Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider which is intended to be subsequently subdivided as additional units of City of Weslaco Subdivision Ordinance-2013

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the same subdivision, the preliminary and final plats shall be accompanied by a layout of the drainage, water, sewage and other improvements for such areas. The overall layout, if approved by the Planning and Zoning Commission, shall be attached to and filed with a copy of the approved subdivision plat in the permanent files of the city. Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall layout when it finds that: (1)

(2)

Adherence to the previously approved overall layout will not hinder the orderly subdivision of other land in the area in accordance with the provisions of this chapter; or Adherence to the previously approved overall layout will not be detrimental to the public health, safety or welfare or will be injurious to other property in the area.

Sec. 26-17. - Required. The subdivider shall cause to be prepared a preliminary plat in accordance with this article.

Sec. 26-18. - Time for filing and copies required. The subdivider shall file copies of the preliminary plat, one set which shall at least be, if necessary, on a reproducible sheet of not more than an 11-inch by 17inch (ledger size), topography and utility data, in such numbers, but never less than seven sets to the city’s planning and code enforcement department, together with the original or an electronic reproducible copy (pdf and dwg/dgn), with the planning and zoning commission or appropriate department, at least 30 days prior to the date at which formal application for plat consideration is made to the planning and zoning commission.

Sec. 26-19. - Filing fees. The preliminary plat shall be accompanied by a filing fee. No action shall be initiated by the city until the filing fee has been paid. This fee shall not be refunded if the plat is disapproved.

Sec. 26-20. - Form and content. The preliminary plat shall be drawn to a scale of not more than 100 feet to one inch. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall show the following: (1)

The name and address of the subdivider, record of owners of land to be subdivided, and the engineer and/or surveyor preparing the plat.

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(2)

(3) (4)

(5)

(6) (7)

(8)

(9) (10) (11)

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The proposed name of the subdivision, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the city or within the extraterritorial jurisdiction of the city. A description by metes and bounds of the subdivision. Applicants for subdivision approval shall provide a current title report at time of preliminary plan submittal with an affidavit that the applicant is not aware of any changes to the status of title since the effective date of the report. In lieu of such report, the Director of Planning may accept alternative evidence of legal title in and to the subject property along with evidence of a record of any lienholders holding security interest in the property. The primary control points, description and location and ties to such control points from which all dimensions, angles, bearings, block numbers and similar data shall be referred. Control point designations shall meet all requirements of the appropriate state statutes. Subdivision boundary lines shall be indicated by heavy lines, and the actual acreage of the subdivision shown. Existing sites as follows: a. The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision intersecting or contiguous with its boundaries or forming such boundaries. b. The exact location, dimensions, description and flow line of existing watercourses and drainage structures within the subdivision or on contiguous tracts. c. The exact location, dimensions, description and name of all existing or recorded residential lots, parks, public areas, permanent structures and other sites within or contiguous with the subdivision. The exact location, dimensions, grade, description and name of all proposed streets, alleys, drainage structures, location of electric, gas, telephone, television, cable, park, other public areas, reservations, easements or other rights-of-way, blocks, lots and other sites within the subdivision. The preliminary project engineer’s seal, date of preparation, scale of plat and north arrow. Topographic information shall include contour lines on a basis of one vertical foot minimum. A number or letter to identify each lot or site and each block.

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(12)

All lot sizes and setback lines shall be in conformance with and meet the requirements of the city's zoning ordinance, as amended, as if the subdivided property was within the city limits. The location of the city's corporate limit lines, the outer border of the city's extraterritorial jurisdiction and zoning district boundaries, if they traverse the subdivision, form part of the subdivision or are contiguous to such boundary. The topographic and utility details shall be shown on a separate plat. A legible vicinity sketch or map, which shall show existing subdivisions, streets, easements, rights-of-way, parks and public facilities in the vicinity. Restrictive covenants imposed on the land, if desired by the subdivider, or required by the city commission, are to be shown on the plat, or on a separate document, to be made a part thereof, or recorded by a separate document in the office of the county clerk. If not shown on the recorded plat, a copy of such restrictive covenants, with recording data thereon, shall be furnished to the city. Irrigation canals: No open irrigation canals, except main canals, shall be permitted within a subdivision. The subdivider shall place such canal underground if its continued use is required by the water district in which such canal is located. If an existing canal, is partly included within the boundaries of the land from which the subdivision is made, the subdivider or developer, if the developer or subdivider and the owner of the adjacent land do not agree jointly to place such canal underground when its continued use is required by the water district, shall deposit in escrow with the city or the city public utilities, as the case may be, a sufficient sum of money, based on current costs at the time, to pay for his share of the cost to place such canal underground. Should it develop thereafter that the continued use of such canal not be required and has not been placed underground in the meantime, such escrow fund, without interest, shall be returned to the depositor. An engineer's statement describing drainage pattern in the subdivision and the adequacy of the proposed plan for drainage; to be approved by the city engineer in addition to Hidalgo County Drainage District #1. A finished floor elevation should be established for the property. The minimum finished floor elevation will be that finished floor as established by the project engineer for the development or 18 inches above the top of the adjacent curb, whichever is greater. The finished floor elevation must be reviewed and approved by the city engineer. A completed Trip Generation Worksheet shall be submitted prior to submitting a preliminary plan, or shall being submitted at the time of

(13)

(14) (15)

(16)

(17)

(18)

(19)

(20)

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submittal of the preliminary plan. If a TIA is required,it shall be submitted at or prior to the time of submittal of the final plat. A 10 foot utility easement shall be provided along the perimeter of subdivision.

Sec. 26-21. - Processing. (a)

(b)

(c) (d)

(e)

(f)

The city planner, construction inspector and city engineer shall check the preliminary plat as to its conformity with the general plan, major street plan, land use plan, zoning districts and standards and specifications set forth in this chapter or referred to in this chapter. The city planner, construction inspector or city engineer shall review all proposed subdivision plats to determine if the proposed subdivision is reasonably safe from flooding and that the grade inclination for all streets, alleys and lots are established and recorded on the plat to ensure maximum drainage within the dictates of the general topography of the platted area and the areas surrounding the subdivision. The city planner or city engineer shall determine that all public utilities and facilities are located and planned to minimize or eliminate flood damage. All proposed preliminary plats and subdivisions of land within the city and its extraterritorial jurisdiction shall be submitted by the planning and zoning commission, if applicable, for review and comment by agencies or corporations dealing in public service; i.e., the various governmental departments, independent school districts, AEP, Magic Valley Electric Co-Op, county water and control districts, local public utilities, boards and/or districts. The city planner, construction inspector and/or city engineer shall return the preliminary plat and accompanying data to the planning and zoning commission with recommendations as to modifications, additions or alterations of such plat data. Within 30 days after the preliminary plat is formally filed with the city planner, construction inspector or city engineer, the planning and zoning commission shall: (1) (2) (3)

Approve; Disapprove the preliminary plat; or Conditionally approve with modifications.

The planning and zoning commission shall inform the subdivider of the reasons at the time such action is taken.

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(h)

(i)

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Approval of a preliminary plat by the planning and zoning commission shall be deemed as an expression of approval of the layout submitted on the preliminary plat and contingent on approval of utilities as a guide to the installation of streets, water, sewage, sidewalks, street lights, fire hydrants and other required improvements and utilities and to the preparation of the final or recorded plat. Conditional approval of a preliminary plat shall not constitute an automatic approval of the final plat. Approval or conditional approval of a preliminary plat shall be effective for only one year unless reviewed by the planning and zoning commission in the light of new or significant information which would necessitate a revision of the preliminary plat. If the planning and zoning commission should deem changes in a preliminary plat as necessary, it shall inform the subdivider in writing. If no development has occurred which would affect the proposed plat, after one year of effective approval, the planning director may, upon the application of the subdivider, extend the approval for an additional six months. At the end of this six-month extension, the preliminary approval is automatically revoked.

Sec. 26-22. - Form and content. (a)

(b)

(c)

(d)

(e)

The final plat and accompanying data shall conform to the preliminary plat as approved or conditionally approved by the planning and zoning commission incorporating any and all changes, modifications, alterations, corrections and conditions recommended by the planning and zoning commission. The final plat shall be drawn at a scale of 100 feet to one inch. Where more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The final plat shall be submitted in an original and in such numbers of copies, but never less than 12 copies, of such sizes, and such material as the city planning department may from time to time require, and shall contain all of the features required for preliminary plats and it shall be accompanied by site improvement data bearing the seal of an engineer. The final plat and the accompanying site improvement data shall be referred to the city commission when recommended by the planning and zoning commission. A statement must be included on the plat stating whether all or a portion of the subdivision falls within the 100-year floodplain and the engineer's statement of the minimum permissible floor elevation for each lot that will protect the improvements from flooding and high waters. Such minimum floor

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elevation will be that finished floor as established by the project engineer for the development or 18 inches above the top of the adjacent curb, whichever is greater. A statement shall be included on the plat stating that all buildings must be constructed above the minimum floor elevation. The final plat shall include the acknowledgements required by the city and state law. The final plat must contain a statement declaring whether or not sidewalks and street lights are required by the city within any portion of the subdivision, and if sidewalks and street lights were required, the location of such sidewalks and street lights, the street names where sidewalks are required, and who shall be responsible for installation of such sidewalks. Restrictive covenants imposed on the land, if desired by the subdivider, or required by the legislative body of the city, are to be shown on the plat, or on a separate document in the office of the county clerk. If not shown on the recorded plat, such restrictive covenants shall be furnished to the city. The restrictive covenants must comply with all applicable codes and ordinances of the city, though this provision does not preclude stricter standards being imposed by the subdivider. All real property taxes and assessments on the property being subdivided must have been paid. Tax certificates from all applicable taxing entities shall be submitted with the final plat showing all real property taxes and assessments have been paid. All plans and engineering calculations of the subdivision improvements shall be furnished to the city in the number of copies, but not less than six, of such sizes and such materials as the city planning department may from time to time require. Such plans and calculations shall each contain a statement that such construction plans conform to all city standards and shall bear the signature and seal of a registered/licensed engineer. Such plans and calculations shall include at least the following: (1)

(2)

Plans and profiles of all streets, alleys, sidewalks, street lights, crosswalks, and monuments showing the right-of-way and paved width of all streets, their centerline grade and distances with the elevations indicated at all centerline intersections and grade breaks, and the location and specifications for all curbs and gutters; Plans and profiles showing all proposed sanitary sewer lines including, but not limited to, depth and grades of lines, location of manholes and connections, and the location, dimension and depth of existing sanitary sewer lines and manholes to which the system will be connected;

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(4)

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Plans and profiles of all proposed water lines, valves and fire hydrants showing location, size and depths of the proposed lines, and location, dimension and depth of all existing water lines, valves, and fire hydrants to which the system will be connected; Plans, profiles and specifications for all storm drainage improvements showing existing and proposed elevations at one-foot contours within the subdivision and within 300 feet of all subdivision boundaries, and all street widths and trades, runoff figures on the outlet and inlet side of all drainage ditches and storm sewers, and at all points in the street at changes of grade or where the water enters in other street or storm sewer or drainage ditch or pond, showing drainage easements, and a general location map of the subdivision showing the relationship of the subdivision to the entire watershed area, showing calculations specifying the anticipated stormwater flow, including watershed area, percent runoff, and time of concentration, and calculations showing the basis for design of all proposed drainage ditches, pipelines, detention ponds, and complete plans, profiles, cross sections, grades and specifications showing complete construction details for all proposed drainage channels, ponds, ditches, and pipelines (all calculations shall be in accordance with the city's drainage policy, and shall be developed in accordance with engineering formulas and data provided by the city engineer); and Detailed cost estimates of all proposed improvements.

All fees and charges imposed by the city have been paid. Upon completion of construction of subdivision improvements, the city shall be furnished the number of copies including, but not limited to, electronic files (PDF and DWG/DGN), of such size and of such material as the city planning department may from time to time require of "as-built" plans and profiles of all improvements constructed containing a certificate stating that all improvements have been constructed in accordance with the approved construction plans, and that all monuments and lot markers have been properly located and placed in accordance with this subdivision chapter which certificate is signed and sealed by a registered/licensed professional engineer.

Sec. 26-23. - Processing. The final plat may be considered officially approved when all fees and expenses incurred have been paid, and when all requisites of the subdivision have been met.

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Sec. 26-24. - Conformity. No preliminary or final plat shall be approved by the planning and zoning commission, and no completed improvements shall be acceptable by the city, unless they conform with the comprehensive plan of the city and parts thereof, as provided in section 26-05 and comply with the provisions of this article.

Sec. 26-25. - Future subdivisions. If a tract is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged to allow the opening of future streets.

Sec. 26-26. - Reserve strips. There shall be no reserve strips controlling access to land dedicated or intended to be dedicated to public use.

Sec. 26-27. - Streets. (a)

(b)

(c)

(d) (e)

(f) (g)

Street layout. Adequate and paved streets shall be provided by the subdivider and the arrangement, character, extent, width, grade and location of each shall conform to the comprehensive plan of the city and shall be considered in their relation to existing and planned streets, to topographic conditions, to public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood. Relation to adjoining street systems. Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith. Projection of streets. Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provisions for the proper projection of streets into such unsubdivided areas. Street jogs. Street jogs with centerline offsets of less than 125 feet shall be avoided. Street intersections. Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain, topography, sight distances and safety. Dead-end streets. Dead-end streets shall be prohibited except as short stubs to permit future expansion. Culs-de-sac. In general, a cul-de-sac shall not exceed 600 feet in length, and shall have a turnaround of not less than 100 feet in diameter (right-of-way) with a pavement diameter of 80 feet and shall provide access directly or indirectly to no more than 25 dwelling units in residential areas, and shall

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(i) (j)

(k)

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have a turnaround not less than 160 feet in diameter (right-of-way) with a pavement of 140 feet in commercial and industrial area. Streets on comprehensive plan. Where a subdivision includes a street as shown on the major streets plan of the city, the Hidalgo County Thoroughfare Plan or the city’s comprehensive plan, that street shall be platted in the approximate location shown on the plan. The right-of-way shall be equal to or greater than that indicated on the comprehensive plan for streets. Minor streets. Minor streets shall be laid out so as to discourage their use by fast and through traffic. Pavement widths and rights-of-way. (1) Major thoroughfares of 120 feet of right-of-way shall be paved a minimum of 82 feet. (2) Collector streets shall have a minimum right-of-way of 60 feet and a minimum pavement width of not less than 43 feet as specified by the city. (3) Minor streets with single-family lots having a frontage of 50 feet or more shall have a right-of-way of at least 50 feet with abutting five-foot utility easement. Minor streets with single-family lots having a frontage of less than 50 feet shall have a right-of-way of at least 60 feet; or shall have a right-of-way of at least 50 feet with abutting five-foot utility easement, and shall provide a minimum of one overflow parking space for every two lots or dwelling units, within a reasonable distance from the lots or units to be served. The minimum pavement width of minor residential streets shall be 32 feet back-to-back, and minor residential subcollector streets which typically collect traffic from the subject development as well as interjoining traffic from other areas shall have a minimum pavement width of 37 feet back-to-back. Minor arterials of 80 feet of right-of-way shall be paved a minimum of 57 feet. Minor streets with multifamily lots shall have a right-of-way of at least 60 feet, and a minimum pavement width of 37 feet back-to-back and be in compliance with the requirements of all applicable ordinances dealing with off-street parking. Pavement widths and rights-of-way of streets forming part of the boundary of the subdivision (adjacent). Pavement widths and rights-of-way of streets forming part of the boundary of the subdivision adjacent shall be as follows: (1) Where the proposed subdivision abuts upon an existing street or halfstreet that does not conform to subsection (j) of this section, the subdivider shall dedicate right-of-way width to conform to such subsection. Before any pavement is laid to widen existing pavement, the existing pavement shall be cut back two feet to ensure an adequate subbase and pavement joint.

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(m)

(n)

(n)

(o)

(p)

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No half-streets or half-alleys will be permitted in subdivisions.

Curbs. Curbs shall be installed by the subdivider on both sides of all interior streets, and on the subdivision side of all streets forming part of the boundary of the subdivision. Street construction. Materials and workmanship shall conform to the following standards: i. Collector and above designated streets* 2” hot mix asphaltic concrete 10” caliche base compacted to 95% of modifiedproctor 6” subgrade with a Plasicity Index below 20 ii. Residential streets* 2” hot mix asphaltic concrete 8” caliche base compacted to 95% of modified proctor 6” subgrade with a Plasicity Index below 20 * if a report by a geotechnical engineer indicates that thicker paving sections are required then the geotechnical requirements supersede the standards listed above Street Grading. Street grading shall meet the following minimum slopes based upon the land use and shall be shown on construction plans: Residential streets: 0.3% Multi-family and Commercial streets: 0.5% Industrial streets: 0.5% Street names. Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used, and shall conform to the existing street naming system. Street signs shall conform to city standards and shall be installed at the expense of the subdivider. Marginal access streets. Where a subdivision has frontage on or borders an arterial street, the planning and zoning commission may require marginal access streets to be provided on both sides or on the subdivision side of the arterial street; unless the adjacent lots back up to, side up to, or front with extra depth and access off an alley, and provide some other means of restricting individual access directly to the arterial, or unless the planning and zoning commission determines such marginal access streets are not desirable under the facts of a particular case for adequate protection of the lots and separation of through the local traffic. Median islands. Where a subdivision proposes median islands, the following shall be required prior to recording the plat or providing a final approval to the construction of the subdivision:

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(1)

(q)

The following plat note shall be required: The maintenance of all median islands shown on this plat shall be the exclusive responsibility of the owner of the property the subject of this plat, his heirs and assigns. (2) The plans (cross-section to be included) and specifications, including a cross-section view, for such median islands shall be reviewed and approved in writing by the city engineer prior to construction where such issues as irrigation lines being encased, overspill appurtenances and illumination shall be considered. In this connection, such median islands shall conform to the amount of pavement required in subsection (m) for the proposed street and made part of this section by reference for all purposes. (3) The city commission, with the recommendation of the planning and zoning commission, may set additional requirements to secure the public's health, safety and general welfare. (4) The city engineer shall calculate present removal costs for such median islands, including any paving and utility relocation costs as well as any and all engineering costs that may be incidentally required, and 115 percent of such amount shall be escrowed with the city. Any funds so escrowed and not expended by the city as provided in this section within 15 years from the date of receipt, shall be returned to the then owners of the property, the subject of this plat, on the last day of such period, with the owners of each lot being entitled to an equal share of the refund. All of the owners of the property must request such refund within one year of entitlement, in writing, or such right shall be barred. In this connection, the city reserves the right to require evidence satisfactory to it that the persons seeking reimbursement are the owners of the property. Traffic Calming. If in the opinion of the city engineer and/or planning director streets in a proposed development are designed as such to encourage vehicular travel at unsafe speeds, the developer will bear the expense to install traffic calming measures. If the streets are existing and a safety problem is perceived the following process will be followed: All of the following criteria must be satisfied for a street to be considered eligible for speed hump or other traffic calming device installation. (1)

A petition that documents that a minimum of two-thirds of the households in low-density residential dwellings on the street that support its installation. In instances where traffic calming measures will affect other roadways i.e. (grid network) the requestor will be required

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(3)

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to obtain a petition that documents that a minimum of two-thirds of the household along the total affected area are in favor of the traffic calming measures. Petitions will be made available to requestors. Requester will be responsible for distribution and collection of all petitions. The lane uses of the properties abutting the street where the traffic calming measure is proposed must be composed primarily of lowdensity residential dwelling. Operational Characteristics of the Street. a. The street must be used to provide access to abutting low-density residential properties (local residential street). b. There must be no more than one moving lane of traffic in each direction. c. Traffic volumes must be more than 200 vehicles per day. d. Vehicle speeds must meet the Speed Criteria. e. The street must have a speed limit of 30 mph as determined in accordance with State Law. f. City Manager, City Engineer, City Fire Chief, City Planning Director and City Police Chief must approve all speed humps or traffic calming measures and their locations. g. The street must not be any of the Major Roadways shown on the Thoroughfare Plan. The major roadways listed in the Thoroughfare Plan as a collector and greater and/or any other roadway classified by the City of Weslaco and/or TXDOT as a collector and/or greater. h. Paved traveled ways that do not function as a street such as alleys, utility/access easements, parking lot circulation routes, and commercial service drives are not eligible for the installation of traffic calming measures, regardless of any identification signs, due to their operational characteristics.

(4) Geometric Characteristics of the Street. a. The street must have adequate sight distances to safely accommodate the traffic calming measure as determined by the City Engineer. b. The street must not have curves or grades that prevent safe placement of the traffic calming measures. Measures may be located on streets that contain curves and/or grades, but the measure itself should not be located within a significant horizontal curve, or on a vertical grade greater than eight percent. City of Weslaco Subdivision Ordinance-2013

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c. The street shall be paved. If there are no curbs, a special design must be used to prevent vehicle run-around. d. The street shall have a minimum width of 30’ and a maximum width of 44’. e. The street must have a history that shows the need for traffic calming. f. Private property in the City Limits is not governed or controlled by these requirements. g. In the case of areas with grid networks a comprehensive study of all affected roadways will need to be assessed. h. Traffic calming measures are designed to attract the attention of the driver. Therefore, the installation of a traffic calming measure within the limits of a school zone or in areas where pedestrians frequently cross a traveled way increases the chance of pedestrian vehicle conflict. Traffic calming measures shall not be installed in such areas. (5) Cost Responsibility a. Requestor will be responsible for a Forty dollar ($40) processing fee and is quantified by individual street segments. If it is so desired by the requestor to study the subject street on a non-typical day the requestor will be responsible for additional Ten dollar ($10) processing fee. City also reserves the right to conduct an independent study to verify results. The City Engineer or designee will make the final determination of study results. b. The cost for the traffic calming measure installation (including signs, pavement markings and, if necessary, special design features such as bollards, curbing or guardrail) may be shared between the City and residents according to how much the measured speed on the street exceeds the Speed Criteria as defined in this section. This cost sharing is defined as follows:

COST SHARING 85th PERCENTILE SPEED RESIDENTS’ COST SHARE FOR CONSTRUCTION 35-36 mph 100% 37-38 mph 67% 39-40 mph 33% >40 mph 0%

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c. Allocation of the City’s contribution will be made upon a first come first serve basis and constrained by annual funding. d. The term “resident,� when used in cost sharing does not necessarily refer to the petitioners. It is used to define the share of the cost that is not the responsibility of the City and could be paid by one or more of the residents or from other private sources. Notwithstanding the provisions of the foregoing cost-sharing table, residents may be able to expedite calming measure installation by voluntarily paying the full installation cost. (6) Traffic Calming Measure Alteration and Removal The process for traffic calming measure removal or alteration by residents will require a petition that documents that a minimum of two-thirds of adjacent property owners on the street support its removal. There is not City participation in cost sharing for the removal of the traffic calming measure. The City Manager has the right to remove a traffic calming measure if it is deemed necessary. (r)

Private street policy. (1)

(2) (3)

(4)

A written variance shall be provided requesting that lots are desired to be developed which will not front a public street, and the rationale for such variance for private street(s). If there is a stubbed street, or streets, onto the undeveloped acreage desired to be developed with a private street(s), the likelihood is that there will be no privatization due to pre-designed neighborhood-to-neighborhood linkage. Include within parenthesis under the proposed subdivision plat's name: ("PRIVATE SUBDIVISION"). The developer's dedicatory language on the plat shall read as follows: "I, the undersigned, owner of the land shown on this plat, and designated as (the name of the subdivision), do hereby grant an easement to the City of Weslaco and those who may now or hereafter hold franchise under said city, the use of the streets, alleys, and easements thereon shown, surface use of the streets and alleys is restricted to the employees or agents of the City of Weslaco, employees of utilities operating under franchise to the City of Weslaco, residents of the subdivision, and their guests." If not legally existing, a homeowner's association (HOA) shall be established/recorded to maximize the maintenance of common areas which shall include the private street(s), its storm drainage, street

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lighting, accompanying sidewalks, plus any other private improvements within the private street area. The private street(s) shall be identified as "common areas" and given lettering for said private property such as "Common Area Lot A". Plat notes shall be required on the plat to be as follows: Plat note: All private streets, inclusive of median islands and any sentry shelters, plus any accompanying storm drainage, street lighting, and/or sidewalks, shall be privately maintained by the homeowner's association. Also, all perimeter walls and fences shall be under the ownership and the exclusive responsibility of the homeowner's association for the purposes of enclosed privacy, security, and repair. Plat note: After the recording of the plat's conditions, covenants, and restrictions (CCRs) to thus assure maintenance of common areas and median islands, etc., a building permit application may be filed with the City of Weslaco for any proposed gated entry mechanisms whereafter it shall be reviewed for approval or disapproval by the city including the fire marshal's office. In no case shall gate(s) be installed where a building permit has not been issued. Plat note: The homeowner's association and/or every lot owner shall hold the City of Weslaco, Texas, harmless and indemnify said city from any and all liability and alleged claims relating to said private streets. The lot owners shall be responsible for the costs to maintain the private streets, accompanying storm drainage, private sidewalks, private street lighting, and any other private improvement in the private street area.

(7)

(8)

Plat note: The owner(s)/developer(s) shall sign and record an indemnification agreement holding harmless the City of Weslaco and indemnifying it from all obligations to maintain said streets and from any liability arising out of or incident to such streets. The developer shall sign and record a private street agreement on a form established by the City of Weslaco after consultation with the city attorney. Should there be an existing subdivision with public streets but where there is a desire to propose a gated entry thus privatizing the street(s), the following minimum policies shall apply and be fully complied with: a. No collector, arterial, or other street providing "through traffic" shall be considered for privatization. b. A written petition reflecting 100 percent of the lot owners desiring the private street and subsequent gated entry shall be

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provided to the city. Renters or tenants shall not be deemed "lot owners". c. A homeowner's association (HOA) must be evident or shall be legally established providing for the maintenance and upkeep of the streets, street lighting, sidewalks, storm drainage improvements, and other improvements that may be deemed "common elements" that would normally be the City of Weslaco's responsibility to maintain and upkeep. d. Once the above is evident, then a written petition (deemed to be the written variance request) "to have lots not front a public street" shall be provided to the Weslaco Planning Department to review for eligibility and pre-meeting consideration. e. Once eligibility is confirmed, and the public works, fire marshal, PD, and other city departments have assessed the proposal, the planning department shall cause the variance request for "private streets" to be considered by the planning and zoning commission, and the city commission as with any other variance to the subdivision code. The forums shall be public hearings with mailed notices to all owners of the subdivision; the cost shall be identical to the rezoning fee. f. If the variance is approved, a private street agreement on a form established by the City of Weslaco, shall be signed and recorded by the applicant HOA's board of directors. g. Once the street privatization variance is approved by the city commission, the City of Weslaco and the applicant HOA shall coordinate within 30 calendar days, the transition of street lighting costs from a public account to a private HOA account. h. The HOA shall pay for any traffic signage and markings indicating that the street is now "private". i. Any desired gate to secure the private street shall first obtain a building permit prior to any installation. Should there be a petition from an existing subdivision with private streets but where there is a desire to dedicate the street(s) to the public the following minimum policies shall apply and be fully complied with: a. A written request signed by the duly authorized Homeowners Association (HOA) officers and submitted to the City Commission requesting dedication of the private streets to the public; b. The written request by the HOA officers will be accompanied by a petition containing the signatures of the owners of 100% of

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c,

d.

e.

the existing lots in the subdivision, unless the City Commission determines it is in the public interest to accept the streets; The streets must meet City standards as determined by the City Engineer and the City Commission agrees to accept the streets; All repairs or reconstruction of private streets to City standards must be accepted by the City prior to conversion. All conversion dedication costs will be paid by the HOA; and All gates and appurtenances thereto must be removed at the expense of the HOA.

Sec. 26-28. - Alleys. (a)

(b)

(c) (d)

Width and paving. Alleys shall be provided at the rear of all single-family residential lots of less than 50 feet in width, or of commercial, multifamily or industrial lots. Alleys shall be generally parallel to the street, shall not be less than 16 feet wide, include an 18” concrete, “valley gutter” and shall be paved wherever an alley is required. A minimum 20 foot right-of-way for alleys shall be dedicated to the public. The minimum cross-section requirements shall be 1.5” hot mix asphaltic concrete, 6” caliche base and 6” of subgrade with a Plasicity Index below 20. Wherever alleys are not required, but are provided, the alleys shall meet city engineering all-weather specifications for not less than 12 feet of all weather surface laid for proper drainage. Intersecting alleys or utility easements. Where two alleys or utility easements turn at a right angle, a cutoff of not less than 20 feet from the normal intersection of the property or easement line shall be provided along each property or easement line. Dead-end alleys. Dead-end alleys shall not be permitted. Alleys which do not connect on a straight course. If alleys are not themselves straight within each block, or if the same do not connect on a straight course with the alleys of adjoining blocks, then all necessary easements shall be provided for the placing of guy wires in order to support poles set on curving or deviating rights-of-way of alleys.

Sec. 26-29. - Water installation. (a)

Water supply and distribution. All subdivisions shall be provided with potable water in a water distribution system approved by the city and connected to the city's water supply or to an entity that is certified to provide such potable water in accordance with the following rules: (1) All subdivisions shall be provided with a water distribution system approved by the city engineer and connected to the city's water supply if within 1,300 feet of an existing city water line.

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(2)

(b)

(c)

Water service by a public water supply approved by the as per TAC 290, other than the city may be permitted beyond 1,300 feet of the nearest city water distribution line with the condition that the developer submit a letter from the public water supplier addressed to the city stating it approves the proposed water layout and agrees to supply potable water for 30 years to the subdivision and that water meters are immediately available to every lot upon application by the individual lot owner. (3) The developer is responsible for extending a looped waterline to and thru property so as to make it reasonably accessible and cost effective to all adjoining property owners, who shall also be required to meet this requirement. The city commission may grant exceptions to this requirement after consultation with the city manager, city engineer, public utility director and planning director. (4) The developer shall provide a water main to the farthest limits of the property so as to make it reasonably accessible and cost effective to adjoining property owners, who shall also be required to meet this requirement. Water line specifications. Water line material and specifications shall be as follows: (1) Within the city’s water CCN, the water line size and the specifications shall meet the standards as specified in the city standards manual and be the greater of an 8” C-900 pvc line or such line size as determined by the latest adopted City water distribution master plan.. If the subdivision is not within 1,300 feet of a city water line, the subdivision may be served with potable water by a public water supplier; however, the size and type of the water line shall be as per the current city standards manual, as adopted and modified from time to time. (2) Outside of the city of Weslaco water CCN, the water line shall be a minimum of an 8” water line and shall meet the rural water supplier specifications. (3) Tapping sleeves will not be accepted on same size lines; a “T” tie-in will be required in these instances. Fire hydrants. Any subdivision developed within 1,300 feet of an existing city water line shall provide fire hydrants as part of the water distribution system in accordance with specifications provided by the city engineer and the state board of insurance and shall be connected to the city's water distribution system. Subdivisions outside of the city of Weslaco water CCN, and farther than 1,300 feet from an 8” water line, shall place in escrow to the city funds for fire hydrants in accordance with city standards. (1) The city engineer shall calculate present costs for such fire hydrants, including any incidental costs that may be associated with the installation of the fire hydrants, and 115 percent of such amount shall

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be escrowed with the city. Any funds so escrowed and not expended by the city as provided in this section within 15 years from the date of receipt, shall be returned to the then owners of the property, the subject of this plat, on the last day of such period, with the owners of each lot being entitled to an equal share of the refund. All of the owners of the property must request such refund within one year of entitlement, in writing, or such right shall be barred. In this connection, the city reserves the right to require evidence satisfactory to it that the persons seeking reimbursement are the owners of the property. Fire hydrants shall meet the specifications as detailed in the city standards manual. Fire hydrants shall be spaced based upon the use of the development and shall meet the minimum spacing as follows: a. Residential: 500 feet maximum spacing between fire hydrants as measured along the street frontage; b. Multi-family and Commercial: 300 feet maximum spacing between fire hydrants as measured along the street frontage; c. Industrial: 300 feet maximum spacing between fire hydrants as measured along the street frontage.

Sec. 26-30. - Assignment of water rights to city. (a)

(b)

The owner of a subdivision located within the city, or its extraterritorial jurisdiction shall: (1) If not in a water district, assign water rights to the city for each acre of land being subdivided for use other than agricultural or open space use; (2) If in a water district with which the city does not have an agreement concerning its transfer of water rights, assign the water rights with such district for the land subdivided for use other than agricultural or open space to the city; and (3) If in a water district with which the city does have an agreement concerning the transfer of water rights, is excluded from such water district that portion of its land to be subdivided for use other than agricultural or open space. The applicable action must have been taken prior to the plat being given final approval by the city commission. All portions of property being subdivided for use other than agricultural or open use shall be required to furnish at least 1Âź acre feet of municipal water rights per acre so subdivided and classified by the state water rights commission as municipal water, regardless of whether or not such land has

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(d)

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water rights appurtenant thereto. It shall be sufficient for purposes of this section if the owner of such subdivided property shall furnish a permanent water supply contract or other permanent sources of water which contract or source shall be satisfactory to the city furnishing at least an equivalent amount of water. If the property is to be excluded from a water district, it shall be sufficient if the land owner executes a petition for exclusion, executes an irrevocable power of attorney to the city to exclude the land, deposit 125 percent of the estimated amount necessary to pay off any indebtedness with such district and assign such amount to the city, with any excess to be refunded to the owner. The city commission shall have the right to vary this requirement in case of injustice or to better accomplish the purpose of obtaining sufficient permanent water supply.

Sec. 26-31. - Sewers. (a)

All subdivisions shall be connected to an approved sewage collection system, except where the city commission, after recommendation from the director of public utilities and/or city engineer, determines that a separate system may be used.

(b)

The developer shall provide a sewer line to and thru the property so as to make it reasonably accessible and cost effective to all adjoining property owners, who shall also be required to meet this requirement.

(c)

Sanitary sewer lines shall be a minimum 8� sdr-26 pvc line, meeting TAC 285 minimum slope requirements.

(d)

Sanitary sewer manholes shall be spaced a maximum of 450 feet apart and shall meet all city specifications. Specifications for manhole covers shall be determined by the director of public utilities and/or city engineer. On-site sewage facilities. (1) The city hereby adopts the rules and ("Design Criteria for On-Site Sewage Facilities") and Administrative Rules TAC 285.1-285.91 which such rules are on file with the utility director and the city engineer and as such rules and criteria are promulgated by the state natural resources conservation commission for on-site sewage systems. Such rules are hereby adopted and all officials and employees of the city having duties under such rules are authorized to perform such duties and are required of them under such rules.

(e)

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Any owner or operator of a structure discharging sewage into an onsite sewage facility within the jurisdiction area of the city must comply with the rules adopted in subsection (b)(1) of this section.

Sec. 26-32. - Utility lines. (a)

All utility lines that pass under any area to be paved shall be installed prior to the area being paved. When it is necessary that utility lines pass under a paved area, they shall be extended to a point at least three feet beyond the edge of the pavement. All utility lines shall be located in an area dedicated to the public.

(b)

Utility lines crossing under roadways classified as collector and above must be encased per city standards.

(c)

Utility trenches in unpaved areas must be compacted to 98% standard proctor.

(d)

At such time that a new development is attempting to tie into an existing utility line that is deemed in poor condition (e.g cast iron or clay) by the director of public utilities and/or the city engineer, that section of line that adjoins the new development shall be replaced at the expense of the developer. All subdivisions located within the city's extraterritorial jurisdiction and connected to one or more of the city utilities, must request annexation to the city prior to the approval of the final subdivision plat.

(e)

Sec. 26-33. - Monuments and corner markers. (a)

(b)

(c)

All block corners, angle points and points of curves and all corners of boundary lines of subdivisions shall be marked with a one-half inch steel rod, two feet in length, set in the center of a concrete monument six inches in diameter and 30 inches deep with the top flush with the finished ground surface. Where, due to topographic conditions or permanent structures, or other conditions prevail, the view is obstructed between any two adjacent monuments, intermediate monuments shall be so set as to ensure a clear view between adjacent monuments. Lot corner markers consisting of a one-half inch street rod or three-quarter inch pipe, two feet in length, shall be driven flush with the ground surface to mark the corners of all lots.

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(b)

(c)

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Easement. Where a subdivision is traversed by a watercourse, drainageway, natural channel, stream or where there is a necessity for such as determined by the planning and zoning commission, there shall be provided an easement or right-of-way conforming substantially to the limit of such watercourse. A 75-foot drainage ditch easement shall be required from the centerline of the drainage ditch, unless the City of Weslaco Master Storm Water Drainage Plan indicates otherwise. A minimum of a 10 foot access roadway for maintenance shall be required on the perimeter of the drainage ditch. Drainage facilities. Drainage facilities shall be provided and constructed at the expense of the subdivider pursuant to the city drainage policy and as specified and/or approved by the city engineer. Drainage policy. No subdivision will be approved unless calculations submitted by the project engineer show that the projected runoff for the proposed subdivision, based on a twenty-five-year flood event, will not be greater than the natural runoff. Any water in excess of natural runoff must be detained on-site and released at existing 10-year flood rate. These flows may be exceeded only if off-site improvements and/or facilities are provided which, in the opinion of the city engineer and the planning and zoning commission, serve as adequate drainage facilities. Any property must provide an amount of floodwater storage capacity after development, which is not less than the preexisting floodwater storage capacity of such property during the 100-year flood, regardless of whether such preexisting flood storage capacity is due to natural or artificial causes. The project engineer shall provide such information as required by the city to demonstrate compliance with the city drainage policy. Twenty-five-year flood detention is required for all developments except for two cases: i. Small Projects. The table below identifies small projects. SMALL PROJECT EXCEPTION DESCRIPTION Construction of a building or parking lot if the proposed construction does not require a variance from a water quality regulation, does not exceed 5,000 square feet of impervious cover and the construction site does not exceed 10,000 square 1. feet (includes construction, clearing, grading, construction equipment access, driveway reconstruction, temporary installations, landscaping and other areas planning director or city engineer determine part of construction site). Construction of a storm sewer not more than 30 inches in 2. diameter that is entirely on public right-of-way or easement. 3. Construction of a utility line not more than 8 inches in diameter

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4. 5. 6.

7.

8.

that is entirely in public right-of-way. Construction of a left turn lane on a divided arterial street. Construction of street intersection improvements. Widening of public street to provide a deceleration lane if additional right-of-way is not required. Depositing less than two feet of earth fill, if site is not in the 100 year floodplain and the fill is not to be deposited within the dripline of a protected tree. Minor development that the planning director and/or city engineer determine similar to items described above.

ii.

(d)

(e)

Storm Water Quality. In an attempt to help reduce the amount of pollutant being discharged into the Arroyo Colorado Watershed, City will consider reducing the amount of storm water detention, if low impact development techniques are used to hold storm runoff. There are many practices that have been used to adhere to these principles such as bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. City Engineer must approve these techniques and quantities before storm detention requirement is reduced. Existing facilities. Facilities currently discharging storm water to streets without detention will be required to detain storm water run-off if a building permit is requested, if the building does not meet small project exception. The minimum detention requirements shall be based on the building being constructed or remodeled. The storm water run-off may be detained in the landscaped area. Lot Grading: All lots shall be graded so that storm water run-off is directed to the street fronting the lot. If a lot has double frontage, the city engineer and/or planning director may allow for the drainage of the lot to be split such that a portion of the run-off is directed to the street in front of the lot with the remainder of the run-off directed to the street at the rear of the lot.

Sec. 26-35. - Blocks. Block length shall not exceed 1,300 feet or provide access to more than 50 dwelling units except along major and minor thoroughfares. A residential block that exceeds 900 feet in length must be transected by a pedestrian path that is located not less than 300 feet from each block end. The pedestrian path shall not be less than five feet wide, comply with city standards for a sidewalk or trail, and be located within an easement or right of City of Weslaco Subdivision Ordinance-2013

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way, as determined by the Planning Director, not less than fifteen feet wide. The Director may waive or modify this requirement if he determines that the path cannot meet ADA requirements.

Sec. 26-36. - Crosswalks. Crosswalk rights-of-way six feet in width shall be dedicated to the public where deemed necessary by the planning and zoning commission to provide pedestrian circulation or access to schools, playgrounds, shopping centers and transportation and other community facilities, or to provide pedestrian circulation with the subdivision. Crosswalks shall be provided with a concrete sidewalk at least five feet wide.

Sec. 26-37. - Park dedication of fees in lieu of requirements. (a)

(b)

Purpose. (1) This section is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the city and its extraterritorial jurisdiction, as defined under this chapter. This section is enacted in accordance with the home rule powers of the city granted under the state constitution, and the state statutes including, but not by way of limitation, V.T.C.A., Local Government Code §§ 51.071 et seq., 212.003, 212.0045, 212.0115, 212.018. It is hereby declared by the city commission that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into a procedure for planning and developing property or subdivisions in the city and its ETJ, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing property for increased residential use. (2) Neighborhood parks are those parks providing a variety of outdoor recreational opportunities and within convenient distances from a majority of residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to the purpose stated: General requirements. R-1, R-2, R-3, M-1, PUD land shall be used for singlefamily, large lot single-family, townhouse, duplex, multifamily, mobile home

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and modular home, high-density manufactured housing development, planned unit development, and/or other ETJ residential purposes. (1) Whenever a final plat is filed of record with the county clerk for development of a residential area in accordance with the planning and zoning ordinances of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal one acre for each 125 proposed dwelling units. Any proposed plat submitted to the city for approval shall show the area proposed to be dedicated under this section. The required dedication of this section may be met by money in lieu of land or by prior donation of public park land when permitted or required by other provisions of this section. (2) The city commission declares that development of an area smaller than one acre for public park purposes is impractical. Therefore, if fewer than 125 units are proposed by a plat filed for approval, the landowner shall be required to pay the applicable cash in lieu of land amount provided by subsection (d)(3) of this section, rather than to dedicate any land area. No plat showing a dedication of less than one acre shall be approved. (3) In instances where an area of more than one acre of park land is to be dedicated, the city shall have the right to accept the land dedication for approval of the final plat, or to refuse the same, after consideration of the recommendation of the planning and zoning commission and the parks and recreation board, and to require payment of cash in lieu of land in the amount provided by subsection (d)(3) of this section, if the city determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that park zone would be better served by expanding or improving existing parks. (4) The dedication required by this section shall be made upon filing of the final plat or contemporaneously by separate instrument, unless additional dedication is required subsequent to the filing of the final plat as follows. If the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be made by the current landowner by payment of cash in lieu of land in the amount provided by subsection (d)(3) of this section, or by the conveyance of an entire numbered lot adjoining the dedicated park site to the city. Prior dedication/donation. At the discretion of the city, any former gift of land to the city may be credited on a per-acre basis toward eventual land dedication requirements imposed on the donor of such lands. The city

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(e)

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commission shall consider the recommendation of the planning and zoning commission and the parks and recreation board in exercising its discretion under this subsection. Money in lieu of land. (1) Subject to approval of the city commission, a landowner responsible for dedication of land under this section, where such property is within the city limits or within the defined ETJ, may elect to meet the requirements of subsection (b) of this section, in whole or in part, by a cash payment in lieu of land, in the amount set forth by subsection (d)(3) of this section. With the city commission approval, such payment in lieu of land may be either made prior to the time of the final plat's recording or prior to the issuance of a building permit by the city. (2) The city may from time to time decide to purchase land for parks in or near areas of actual or potential development. If the city does purchase park land, the city shall have the right to require payment of cash in lieu of land in the amount set forth in subsection (d)(3) of this section for all subsequent residential development near the subject park, provided that the fees assessed do not exceed the city's actual cost of acquisition and development of the park and the city's actual cost of the provision of adjacent streets and utilities, if applicable. Once the city has been reimbursed entirely for all such costs for that park, this section shall cease to apply, and the other sections of this section shall again be applicable. (3) To the extent that other sections of this section require, the dedication requirement shall be met by a payment in lieu of land at a per-dwelling unit price set from time to time by ordinance of the city commission, sufficient to acquire and develop land and to provide adjacent streets and utilities for a neighborhood park to serve thearea in which such development is located. Unless changed by the city commission, such per-dwelling unit price shall be computed on the basis of $300.00 per dwelling unit. Cash payments may be only used for the acquisition, development or improvement of a neighborhood park, bicycle trails, and/or streets and utilities adjacent to the neighborhood park. Special fund; right to refund. (1) There is hereby established a trust and agency account for the deposit of all sums paid in lieu of land dedication under this section, which fund shall be known as the park land dedication account. (2) The city shall account for all sums paid in lieu of land dedication under this section with reference to individual plats involved. Any funds paid for such purposes must be expended by the city within five years from the date received by the city for the acquisition, development or

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improvement of a neighborhood park, bicycle trails , or adjacent streets and utilities necessary for the park. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, the owners of the property on the last day of such period shall be entitled to a pro rate refund of such sum, computed on the same basis as is called for in subsection (d)(2) of this section. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred. Additional requirements; definitions. (1) Any land dedicated to the city under this section must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: a. Any area primarily located in the 100-year floodplain; b. Any areas of unusual topography, slope or shape which renders the same unsuitable for organized recreational activities.

(2)

(3) (4)

Such characteristics of a park land dedication site may be grounds for refusal of any preliminary plat. Drainage areas may be accepted as part of a park if the drainage is constructed in accordance with city engineering standards and if no significant area of the park is cut off from access or rendered unusable by such drainage area. Each park must have ready access to a public street. Unless provided otherwise in this section, an action of the city shall be by the city commission, after consideration of the recommendations of the planning and zoning commission and the parks and recreation board. Any proposal shall be reviewed by the parks and recreation board and a recommendation forwarded to the planning and zoning commission. The commission shall consider the proposal coming under this section and make its recommendation. Both the parks and recreation board and the planning and zoning commission recommendations shall be given to the city commission. The matter shall then be referred to the city commission for its decision.

Sec. 26-38. - Sidewalks. (a)

Sidewalks shall be installed along the perimeter streets of the subdivision at the developers expense, and shall be so installed in the following manner:

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(1) (2) (3) (4)

(5)

(6)

(b)

All sidewalks shall be not less than five feet in width and of concrete, stone or masonry construction. Sidewalks shall be as nearly parallel to the street as possible. Sidewalks shall be placed in accordance with the city's construction standards manual and meet all ADA requirements. In lieu of construction, cash or its equivalent may be deposited with the city in a sum equal to the actual cost of construction, plus any engineering costs that might be required, as an alternative to the mandatory construction of sidewalks. Such funds will be set aside by the city for the installation, as the need arises. Additional sidewalks may be provided as deemed necessary and in the interest of the city upon consideration by the planning and zoning commission in commercial, industrial, public and multifamily areas; and such additional sidewalks as the property owner may desire shall be permitted. If such sidewalks are not installed prior to the issuance of a building permit on a lot requiring a sidewalk, the owner shall construct the same or may elect the other alternative described in section (4) of this section.

Sidewalks shall be installed in front of lots by the property owner at the time of building construction. On corner lots, the owner shall be responsible for the sidewalk along all streets adjoining the lot. Sidewalks shall be installed in the following manner: (1)

Sidewalks in residential areas shall be four feet in width and of concrete, stone, or masonry construction.

(2)

Sidewalks in multi-family/commercial or industrial area shall be five feet in width and of concrete, stone or masonry construction.

(3)

Sidewalks in residential zones shall be constructed a minimum of four (4) feet from the back of curb, unless otherwise approved by the planning director or city engineer.

Sec. 26-39. - Streetlights. (a)

Location. Streetlights shall be installed at the cost of the subdivider at all intersections, at the end of culs-de-sac, and at such other locations as deemed necessary by the planning and zoning commission within the proposed subdivision and those adjacent subdivisions.

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(b)

(c)

(d)

(e)

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Major thoroughfares/arterials. On streets classified as major thoroughfares or arterial streets, the streetlight shall be a minimum 27,500 lumen sodium vapor or approved equivalent, and be spaced no more than 250 feet between streetlights. Collector streets. On streets classified as collector streets, the streetlights shall be 27,500 lumens sodium vapor and be spaced no more than 300 feet between streetlights. Minor residential streets. On streets classified as minor residential streets, the developer will have one of two options on streetlights: (1) Install 27,500 lumens sodium vapor streetlights to be spaced not more than 400 feet between streetlights; or (2) Install 16,000 lumens streetlights to be spaced not more than 200 feet between streetlights. Private streetlights maintenance. It is recommended that streetlights on private streets are installed pursuant to subsection (d) of this section. Being nonpublic streets, the monthly streetlights costs are not borne by the city nor the maintenance costs involved thereof. Prior to any private streets being accepted as dedicated streets, streetlights located therein may be caused by the city to be upgraded, new streetlights spaced appropriately, or cause other improvements to be done. In regard to private streetlights on public streets, such as in the extraterritorial jurisdiction, where maintenance is not accepted by the jurisdiction power company, the city commission, with the advice and recommendation of the planning and zoning commission, may approve the monthly costs of the streetlights but shall not, under any circumstances, accept the maintenance costs involved. Such maintenance costs shall be borne as a proper obligation by the owner and/or homeowner's association. Existing streetlights. During the platting review and approval process where streetlights are existing, the subject streetlights must be upgraded to the appropriate luminaire level reflective of the public street's classification.

Sec. 26-40. - Buffer fencing. In developments within the city limits and the ETJ, a minimum six-foot buffer fence shall be required along any natural and/or manmade hazard such as an open canal, open ditch, caliche pit, and holding pond which, in the opinion of the city, is necessary for the lot's occupants to be protected from. In the ETJ, a plat note requiring such buffering of the affected lot owner at the time of the lot's occupancy shall be provided. Removal or damage to these fences will subject the owner of the lot adjacent to the buffer fence to fines and/or replacement/repair of the fence at the owner’s expense or the person causing this damage. Such buffering may also include major thoroughfares but not golf course lakes, and/or similar landscaping. City of Weslaco Subdivision Ordinance-2013

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Sec. 26-41. – Subdivision Improvement Inspections. All subdivision improvements will be inspected by the City Engineer or his designee for conformance to city specifications. All construction materials and compaction of roadways and utility trenches will be tested by a Geotechnical Engineering Laboratory of the City’s choice. In order to recover the expenses related to the aforementioned inspections, the City will charge a fee of five per cent of the approved construction cost estimate. Two per cent will cover the cost of inspections by city personnel. Three per cent will be placed into escrow account to cover the cost incurred by the city for the services provided by the Geotechnical Engineering Laboratory. Any costs that exceed the three per cent will be the responsibility of the developer and must be reimbursed to the city prior to the recordation of the plat.

Sec. 26-42. - Generally. The regulations set forth in this article or as set forth elsewhere in this chapter, when referred to in this section, are regulations in the planned unit development subdivision (PUD).

Sec. 26-43. - Purposes. In certain instances, the purposes of this chapter may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zoning map or the district regulations prescribed by the zoning or subdivision ordinances. A planned unit development (PUD) may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. In order to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety in the development patterns of the city, which conform with the purposes of the general plan, the planning and zoning commission is empowered to grant permits for planned unit developments, subject to review and approval by the city commission. Technical planning review of these planned unit developments should be provided by the planning and zoning commission.

Sec. 26-44 - Location permit required. A planned unit development may be located in any zoning district upon the granting of a permit in accordance with the provisions of this article.

Sec. 26-45. - Minimum site area. The minimum site area for a planned unit development shall be ten acres. City of Weslaco Subdivision Ordinance-2013

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Sec. 26-46. - Permit procedure. The regulations prescribed in this article shall regulate the procedure for making application for a permit for a planned unit development, the public hearing, the staff investigation and technical report, the action by the commission, the delegated representative of the city, the appeal to or the review by the planning and zoning commission, and the lapse or revocation of a permit, and shall regulate new applications and permits to run with the land, subject to the prerequisites found in this article.

Sec. 26-47. - Permit application. The application shall be accompanied by a development plan of the entire planned unit development, drawn at a scale of 100 feet to one inch, and showing provisions for drainage of surface waters, watercourses, railroads and public utility rights-of-way, streets, driveways, pedestrian walks, off-street parking and off-street loading facilities, reservations for public uses, including parks, playgrounds and other open spaces, private uses, including dwelling types; lot layout, locations, land coverage and heights of structures and landscaped area. In addition to the data and drawing prescribed, the application shall be accompanied by a tabulation of the average population density per net acre and per gross acre in the area proposed to be devoted to residential use.

Sec. 26-48. - Findings required. The planning and zoning commission may grant a permit for a planned unit development, if on the basis of the application and the evidence submitted, the planning and zoning commission makes the following findings: (1)

(2)

(3)

The proposed location of the planned unit development is in accord with the objectives of the comprehensive general plan and the zoning and subdivision ordinances and the major purposes of the district in which the site is located. The standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities. The combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

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Sec. 26-49. - Modification by commission. If the city commission reverses a decision of the planning and zoning commission or modifies a decision of the planning and zoning commission, granting a permit for a PUD, the findings and conditions shall be set forth as in section 26-47.

Sec. 26-50. - Proof of ownership or control. Before a preliminary development plan shall be approved for any improvement in any district, the owners of all the land included in such area of all structures existing thereon, and of all encumbrances of both such land area and structures, called the applicants, shall present sufficient evidence to establish that the applicants are in fact all the owners or have control of all outstanding interests of the land and structures thereon.

Sec. 26-51. - Filing fee. Before or upon application for a planned unit development district designation, the applicant shall present to the planning and zoning commission and the delegated representative of the city for their review a preliminary development plan of that portion of the area on which improvements are to be constructed in conformity with the standards contained in this article. Such plan shall be accompanied by: (1) (2)

An application on a form prescribed for this purpose by the city; and Payment of a fee, per master fee schedule, upon but not before, the approval, registration and recording of the development plan as hereinafter set forth, the applicants for such plan shall be entitled to apply for such permits and certificates as are necessary to proceed with the accomplishment of the plan.

Sec. 26-52. - Contents of development plans. The preliminary and the approved development plans shall be certified by the applicants and shall show the following existing and proposed items drawn to scale: (1)

(2)

The title page of each application and set of plans shall be signed by the applicant's architect, planner, landscape architect, engineer and/or land surveyor. In addition to the engineer and planner, the applicant's submittal shall contain the professional services of at least two of the remaining three professionals involved in the design and construction of the environment. The boundaries of the area covered by the plan, all public and private rights-of-way and easements bounding and/or intersecting the districts

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(3) (4) (5)

(6) (7) (8) (9)

(10) (11) (12) (13)

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which are proposed to be continued, created, relocated and/or abandoned. The proposed finished grade of the area, shown to contour intervals of not more than two feet. A description of the proposed lot or lots and the boundaries thereof. The location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area, and the location of entrances and loading points thereof. All curb cuts, driving lanes, parking areas, loading areas, public transportation areas and illumination facilities for the same. All pedestrian walks, malls and open areas for use by tenants or visitors. The location and height of each wall, fence and screen planting. The location, size, height and orientation of each sign other than signs that are flat on building facades and that do not directly face property in a residential district. The types of surfacings, such as paving, turfing or gravel to be used at the various locations. The location, type and size of proposed drainage facilities. The location of fire hydrants. The location of water and sewage facilities.

Sec. 26-53. - Preliminary development plan review. Each development plan shall be submitted to the city's planning director or delegated representative of the city and shall be reviewed in accordance with the following schedules: (1)

(2)

(3)

The applicant shall file with the planning director or delegated representative of the city, a reasonable number of copies (not less than six), of his development plans as required. In the review of a preliminary development plan by the planning director or delegated representative of the city, he/she shall recommend to the planning and zoning commission whether such preliminary plan shall be approved subject to compliance with modifications or conditions. Preliminary and final development plan combined: After approval of the preliminary plan, the applicant may combine his preliminary development plan and final development plan so as to make them one

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and the same. The applicant shall indicate on such plan all data required of the preliminary and final development plan procedures.

Sec. 26-54. - Phase development of PUD district. The preliminary and final development plans shall be divided into sections of proposed development so that in the event of failure to commence timely bona fide construction in any section of an approved final development plan, there will be: (1) (2)

Definitely established lines showing the reduced PUD district after the rezoning of the unused portion of the site area. Minimum of damage to the unused portion of the site from the standpoint of its suitability for use following rezoning.

Sec. 26-55. - Recording. After completing its review of a development plan, the commission shall return such plan and all pertinent data, together with a written list of recommendations to the planning director or delegated representative of the city. All approved development plans shall be registered and recorded as set forth in this section. (1)

(2)

Upon approval of the preliminary development plan, the applicant shall record one of the approved plans with the planning director. Before recording such plan, such plan shall be reviewed for compliance with any modifications or conditions of the approving agent, dated and approved for recording by the planning director or the delegated representative of the city. The planning director or delegated representative of the city shall enter the date of receipt on each copy of the plan and shall, within 14 days thereof, review the plan for compliance with the preliminary development plan and this section. If such plan is found to be complete, it shall be transmitted with his comments and recommendations to the commission for further review, comment and action. No final development plan shall be approved unless it is in full compliance with the approved preliminary development plan. The action of the planning and zoning commission shall be completed and due notice thereof, including a written statement of the reasons for disapproval or required modifications thereto, given to the applicant within ten days of such plan.

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Sec. 26-56. - Development guidelines. All development plans shall make due provisions for: (1)

(2)

(3)

(4)

(5) (6)

(7)

Adequate design of grades, paving gutters, drainage and treatment of turf to handle stormwaters and prevent erosion, minimize floodings and formation of dust. Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces, and waste disposal systems and illumination. Adequate and proper locations of pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities. Arrangement of building and vehicular circulation open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic. Proper arrangement of signs and lighting devices with respect to traffic control devices and adjacent residential districts. Fences, walls or year round screen planting where necessary to shield adjacent residential districts from parking illumination, headlights, fumes, heat, blowing papers and dust and to increase the visual privacy and residential neighborhood character. The average dwelling unit's density per net acre in that portion of a planned unit devoted to residential use can exceed the net dwelling unit density proposed in the approved general plan providing the gross average density of the planning area in which it is located. In calculating population density per net acre, all streets shall be excluded.

Sec. 26-57. - Effects of recording development plan. All final development plans registered and recorded under this article shall be binding upon the applicants; therefore, their successors and assignees shall limit and control the issuance and validity of all permits and shall restrict and limit the construction, location, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans. Changes during the construction phase must be submitted to the city’s planning and code enforcement department for approval.

Sec. 26-58. - Amendments and appeals. All applicants for development and site plans which are disapproved may file with the reviewing agents who disapproved the plan, an amendment to such plan or City of Weslaco Subdivision Ordinance-2013

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an amended plan, which amendment or amended plan shall be limited exclusively to changes made necessary to accomplish compliance, with the grounds for disapproval stated by the reviewing agent. Such amendment or amended plan shall be reviewed in accordance with the same time limits and procedures as provided in this article for original submission. All changes, during the construction stage, must be submitted in writing to the Planning and Code Enforcement Department for approval of such.

Sec. 26-59. - Coordination with chapter. It is the intent of this article that the provisions of this chapter be carried out simultaneously with the review of a planned unit development under other pertinent sections of this chapter. (1)

(2)

The plans required under this article must be submitted in a form which will satisfy the requirements of this chapter for the preliminary and final plans required under such regulations. Both this article and other provisions of this chapter contain regulations which apply to such matters in the design of a planned development as streets and open spaces. In any planned development for which the provisions of the two are in conflict, the planning and zoning commission, with advice and recommendations from the planning director or delegated representative of the city, shall make the decision as to which shall prevail.

Sec. 26-60. - Construction of improvements. The subdivider may, upon final plat approval by the city commission, construct the required improvements prior to the recording of the final plat. All such construction shall be inspected while in progress by the city, and must be approved by the city. A certificate by such officer stating that the construction conforms to the specifications and standards contained or referred to in this chapter must be presented to the commission prior to release of the final plat for recordation. The construction may not commence until written authorization to commence construction has been issued by the city.

Sec. 26-61. - Security in lieu of construction. If the subdivider chooses to file security in lieu of completing construction prior to the final plat approval for recordation, he may utilize one of the following methods of posting security. If the subdivider chooses to file security, the plat shall not be approved for recordation unless the subdivider has done one of the following:

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(1)

(2)

(3)

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Performance bond. The developer has filed with the commission a bond executed by a surety company holding a license to do business in the state and acceptable to the city, on the form provided by the city, in an amount equal to the cost of the improvements required by this chapter and within the time for completion of the improvements as estimated by the city engineer or his designated representative. The performance bond shall be approved as to form and legality by the city attorney. Trust agreement. The developer has placed on deposit in a bank or trust company in the name of the city and approved by the city, in a trust account, a sum of money equal to the estimated cost of all site improvements required by this chapter, the cost and time of completion as approved by the city engineer, or his designated representative. Selection of the trustee shall be executed on the form provided by the city and approved as to form and legality by the city attorney. Periodic withdrawals may be made from the trust account for a progressive payment of installation cost. The amounts of such withdrawals shall be based upon progress work estimates and approved by the city engineer or the designated representative of the city. All such withdrawals shall be approved by the trustee. Unconditional guarantee. Unconditional guarantee from local banks or other financial institutions as approved by the city may file with the planning and zoning commission, a letter on the form provided by the city, signed by the principal officer of a local bank or other financial institution, acceptable to the city, agreeing to pay the city on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the subdivider or developer is responsible under this chapter. The guaranteed payment sum shall be estimated costs and scheduling as approved by the city engineer or the designated representative of the city. The letter shall state the name of the subdivision and shall list the improvements for which the subdivider or developer is required to provide for.

Sec. 26-62. - Guarantee of materials and workmanship. The subdivider or developer shall require guarantee of materials and workmanship of his construction contractors with whom he contracts, for furnishing material and installing the improvements, required under this chapter, and shall himself be responsible for guaranteeing that all materials and workmanship in connection with such improvements are free of defects for a period of one year.

Sec. 26-63. - Acceptance or rejection of construction. City of Weslaco Subdivision Ordinance-2013

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Should one of the three types of security be filed by the subdivider under section 26-61, the city engineer or the designated representative of the city shall inspect the construction of the improvements while in progress, and he shall inspect each improvement upon completion of construction. After final inspection, he shall notify the subdivider and the city attorney in writing as to his acceptance or rejection of the construction. He shall reject such construction if it fails to comply with the standards and specifications contained or referred to in this chapter and if major changes were built not meeting city standard without a written consent. If he rejects such construction, the city attorney shall, on direction of the city commission, proceed to enforce the guarantees provided in this chapter.

Sec. 26-64. - Extension of time. Where good cause exists, the city engineer or the designated representative of the city may extend the period of time required for completion under section 2661. Such extension of time shall be reported to the planning and zoning commission and recorded in the minutes. No such extension shall be granted unless security as provided in section 26-61 has been provided by the subdivider covering the extended period of time.

Sec. 26-65. - Responsibility for payment of off-site/on-installation costs. Water and sewer installation necessary to provide adequate and appropriate services to subdivisions developed under the terms of this chapter (or to subdivisions or additions, or any part thereof, platted and approved pursuant to existing ordinances, or any other former ordinance, but as to which water or sewer installations have not been made at the date of adoption of this chapter) shall be constructed by the city (or under its direction and supervision) but the subdivider shall deposit with the city finance director, prior to the beginning of any such utility construction, costs to defray the cost of such construction as follows: (1)

(2)

(3)

Deposits. All deposits shall be paid in cash and shall be paid into such special or general fund as the city commission may from time to time determine. Such payments shall not be considered as a trust fund, but rather as a contribution to construction of the city's utility systems. Installation becomes property of city. Upon completion of the system and acceptance by the city, the installation becomes the property of the city to operate and maintain. Contributions to construction of off-site water lines. The subdivider's contribution to the cost of the off-site water service to the subdivision shall be an amount equal to the installed cost, including all labor, ditching, engineering and material, of line, fire hydrants, valves, fittings and other appurtenances necessary to furnish water service to the

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(5)

(6)

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subdivision; provided, however, that if any part of such water line is required to be larger than that necessary to serve the subdivision, in order to provide the service deemed necessary by the city, within the subdivision or elsewhere in the city's water system, the city shall pay for the pipe in excess of the size required of the developer as soon as funds can be made available or appropriated. Contributions to construction of off-site sewer lines. The subdivider's contribution to the cost of the off-site sewer service to the subdivision shall be equal to the installed cost, including all labor, ditching, engineering and material, of lines, lift stations, manholes and appurtenances necessary to furnish sewer service to the subdivision. In order to provide the service deemed necessary by the city within the subdivision or elsewhere in the city's sewer system, the city may, providing funds are available, pay for the pipe in excess of the size required of the developer. Street. The city may pay, providing funds are available, for street rightof-way in excess of 60 feet in width and for street paving width in excess of 43 feet, except where such extra widths are in commercial or industrial developments of where they are not required by the city. Bridges. The city may participate, providing funds are available, in extra cost of large drainage structures on principal streets shown on the city’s thoroughfare plan.

Sec. 26-66. - Filing fee. The filing fee for preliminary plats, or re-platting as provided for in this chapter, which shall be paid upon filing such plat, shall be as set forth, in the master schedule of fees approved from time to time by the city commission.

Sec. 26-67. - Inspection fees. A fee for the inspection of the subdivision improvements shall be paid to the city prior to commencement of the construction of the subdivision improvements. The fee shall be equal to five percent of the estimated cost of constructing the subdivision improvements and approved by City Engineer. The five percent inspection fee is broken down as follows; (a)

Three percent of the cost of the construction will be placed in an escrow account that will be utilized to pay for construction and materials testing fees, conducted by a third party geotechnical engineering firm that is contracted by the City, incurred by the City during the construction of the subdivision. Any fees invoiced in excess of the amount escrowed will be paid to the City by the

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owner prior to the recordation of the plat; any amount remaining in the escrow account after all construction has ceased and invoices paid will be returned to the owner. (b)

The remaining two percent will be utilized by the City as a reimbursement for the inspections conducted by City staff during the construction of the improvements.

Sec. 26-68. - Capital recovery fee for new subdivisions connecting to utility systems. This section reserved

Sec. 26-69. - Procedure. (a)

(b)

Vacation of previous plat. (1) Prior to the sale of any lot. In cases where lots have not been sold, any plan, plat or re-plat may be vacated by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, provided that it is approved and recorded in the manner prescribed for the original plat shall have been obtained, and the execution and recordation of the instrument shall operate to destroy the force and effect of the recording of the plan, plat, or replat as vacated. (2) After the sale of any lot. In cases where lots have been sold, the plan, plat or replat, or any part thereof, may be vacated upon the application of all the owners of lots in such plat in the manner prescribed for the original plat. Plat without vacation of immediate previous plat. If there is not compliance with subsection (a) of this section, a replat or resubdivision of a plat, or a portion thereof, but without vacation of the immediate previous plat, is expressly authorized to be recorded and shall be deemed valid and controlling when approved by the planning and zoning commission under the following conditions: (1) All proposals to amend plat. a. The replat or resubdivision of a plat, or a portion thereof, has been signed and acknowledged by only the owners of the particular property which is being resubdivided or replatted. b. The replat or resubdivision of a plat, or a portion thereof, has been approved by the planning and zoning commission after a

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c.

d.

(2)

public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. The replat or resubdivision of a plat, or a portion thereof, does not attempt to alter, amend or remove any covenants or restrictions. There is compliance, when applicable, with subsections (b)(2) and (b)(3) of this section.

Amending plat procedure shall be in accordance with the current Texas Local Government Code. a.

An amending plat shall meet all of the informational requirements set forth for a final plat.

b.

The city manager or an employee designated by the city manager may approve, and the mayor shall sign, an amending plat that complies with this section. The city manager or designated employee may, for any reason, elect to present the amending plat to the planning and zoning commission or the city commission, or both, for approval or disapproval, as in the case of other plats. The city manager or designated employee may not disapprove an amending plat. If the city manager or designed employee refuses to approve the plat, he shall refer it to the planning and zoning commission or city commission, or both, as in the case of other plats, within the time period applicable to other plats. The amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, may be approved if the amending plat is signed by the applicants only and is solely for one or more of the following purposes: 1. 2. 3. 4.

5.

Correct an error in a course or distance shown on the preceding plat; Add a course or distance that was omitted on the preceding plat; Correct an error in a real property description shown on the preceding plat; Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; Show the location or character of a monument that has been changed in location or character or that is shown

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c.

d.

incorrectly as to location or character on the preceding plat; 6. Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats. Such errors may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats; 7. To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for amending the plat, neither lot is abolished, the amendment does not attempt to remove recorded covenants or restrictions, the amendment does not have a materially adverse effect on the property rights of the owners in the plat; 8. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; or 9. Relocate one or more lot lines between one or more adjacent lots if: a. The owners of all those lots join in the application for amending the plat; b. The amendment does not attempt to remove recorded covenants or restrictions; c. The amendment does not increase the number of lots. 10. To replat one or more lots fronting on an existing street if:the owners of all those lots join in the application for amending the plat; the amendment does not attempt to remove recorded covenants or restrictions; the amendment does not increase the number of lots; and the amendments does not create or require the creation of a new street or make necessary the extension of municipal facilities. Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat. When an amending plat is prepared, the surveyor shall be required to survey only those lots which are affected by the changes. The surveyor shall sign the replat stating the lots which have changed in addition to any other corrections which have been made.

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e.

The property owners for the lots which are changed shall be the only additional signatures necessary to the original signatures.

Sec. 26-70. – Minor Plats The city manager or employee designated by the city manager may approve, and the mayor shall sign, a plat involving four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. The city manager or designated employee may, for any reason, elect to present the minor plat to the planning and zoning commission or the city commission, or both, for approval or disapproval, as in the case of other plats. The city manager or designated employee may not dissapprove a minor plat. If the city manager or designated employee refuses to approve the plat, he shall refer it to the planning and zoning commission or city commission, or both, as in the case of other plats, within the time period applicable to other plats.

Sec. 26-71. - Replatting; short form. (a)

(b)

The procedure provided in sections 26-72 and 26-73 may be followed when the land proposed to be resubdivided meets the following conditions and requirements: (1) Such land abuts upon a street of adequate width and is so situated that no additional streets and no alleys, easements or other public property are required in order to meet the requirements of this chapter. (2) The perimeter of the tract being subdivided has been surveyed and marked on the ground and a plat thereof prepared and filed with the director of planning, and the nearest corner of each lot or parcel of such proposed subdivision is within 200 feet of a known corner which is adequately marked by a concrete monument or iron stake. (3) The drainage provisions of this chapter have been complied with satisfactorily. (4) The utilities, as required in this chapter, are in place to serve each parcel or lot of such subdivision or resubdivision, or the installation of utilities will be a minor job, the necessary easements are already existing and arrangements to provide such utilities have been made. (5) The uses proposed for the property will not require rezoning of any portion of the property. Formal application for a short form subdivision or resubdivision approval shall be made by the subdivider in writing to the commission.

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(b)

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Filing. The subdivider shall file blue or black line copies of the plat, in such numbers, but never less than 14 copies, of such size and such material as the city planning department may from time to time require, together with the original at least 15 days prior to the date at which the commission will consider the request. Form and content. The plat shall be drawn to a scale of 100 feet to one inch. When more than one sheet is necessary to accommodate to entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall show the following: (1) Vicinity sketch showing the location of the subdivision in relation to adjacent arterials or collectors, with sufficient information to locate the subdivision in relation to the rest of the city. (2) Subdivision boundary lines, indicated by heavy lines, and the computed acreage of the subdivision. (3) The names and addresses of the subdivider, record owner, engineer and surveyor. (4) The exact location, dimensions, description and name of all existing and/or proposed alleys, drainage structures, reservations, easements, and lots with accurate dimensions, bearing or deflecting angles with radii, area, and central angles, degree of curvature, tangent distance, and length of all curves where applicable. (5) The location, dimension, description, and names of existing or recorded public areas, parks, and significant sites within or contiguous with the subdivision. (6) The location, dimensions, description, and flow line of existing watercourses within the subdivision or on contiguous tracts. (7) Location of city limits line, the outer border of the city's extraterritorial jurisdiction, and zoning district boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary. This shall be drawn on all blue line copies submitted to the city and will not be required on the final plat. (8) The subdivision master plan, or preliminary plat shall indicate, by lot, the proposed land use on all blue line copies submitted. This information will not be required on the final plat.

Sec. 26-73. - Processing. (a)

The subdivider shall file the plat with a fee equal to the cost of recordation of the plat with the director of planning. Such plat shall also be accompanied by an administrative fee in accordance with the City of Weslaco Master Fee Schedule. The fee is nonrefundable.

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(b) (c) (d)

(e)

(f)

(g)

(h)

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The director of planning shall process the plat and ensure that it is checked for conformance to city ordinances. The director of planning shall forward the plat to the commission with any comments. The commission shall have 30 days to conditionally approve or disapprove the plat after it is formally filed with the city, and fees are paid. If the plat is disapproved, the commission shall inform the subdivider in writing of the reasons at the time such action is taken. If such plat be not disapproved within 30 days from such filing date, it shall be deemed to have been approved by the planning and zoning commission. A certificate showing the filing dates and the failure to take actions thereon within the periods prescribed in this section shall on demand be issued by the planning and zoning commission. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval required in this section. If the replat is approved, and the current tax certificates submitted, and all other requirements have been met, the commission shall cause to have the plat recorded with the county clerk. No plat shall be filed for record without the written consent of the subdivider. If the subdivider fails to give such written consent within 30 days of the date of final approval of the plat, the commission may at any time thereafter, cancel such approval. This section is to be interpreted so that if a subdivider wishes to replat, either partially or wholly, an existing subdivision, he does not need to submit a preliminary plat. A subdivider may present to the commission a proposed sketch or outline of what he or she proposes to do without first platting the property. The commission may approve the proposed plan with the mandatory condition that the subdivider then submit a plat to the commission in accordance with all requirements of this section. This procedure does not constitute preliminary plat or final plat approval.

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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): 09-03-2013 IV. K From (name, title, department and who submitting on behalf of, if any): Mardoqueo Hinojosa, City Engineer, Planning and Code Enforcement Subject: Authorization and consideration to request for qualifications for professional services for geotechnical and material testing. Discussion: The updated subdivision ordinance includes giving the city of Weslaco the responsibility of performing material testing. This testing will be paid by developer based on percentage of construction cost as submitted by project engineer and approved by city engineer. Geotechnical services would be used for in-house projects based on approved fees. Fiscal Note: Amount: $ TBD Term of Impact: [#] year(s) Identified in Current Budget: No Additional Action Prompted: [ X] 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 proceed with documentation.


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REQUEST FOR QUALIFICATION (RFQ) FOR RFQ #2013-XXX GEOTECHNICAL ENGINEERING SERVICES PROCUREMENT INFORMATION …………………………………………………….…………….. 2 GENERAL ……………………………………………………………………………………………… 10 SCOPE OF SERVICES ………………………………………………………...…………………….. 10 CONTRACT …………………………………………………………………………………………….. 11 PAYMENT ………………………………………………………………………………………………. 11 SUBMITTAL REQUIREMENTS ……………………………………………………………………… 11 SELECTION PROCESS ………………………………………………………………………………. 12 ATTACHMENT – SAMPLE PROFESSIONAL SERVICES AGREEMENT

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REQUEST FOR QUALIFICATIONS The City of Weslaco is soliciting sealed Request for Qualifications; hereinafter referred to as RFQ, to be received by the City’s Purchasing Department located at 255 S. Kansas Avenue, Weslaco, Texas 78596. City of Weslaco normal business days are Monday through Friday between the hours of 8:00 a.m. to 5:00 p.m. and shall be closed on recognized holidays. RFQ’S will be received until 3:00 p.m. Central Time, on Friday, September 20, 2013, shortly thereafter all submitted RFQ’S will be gathered and taken to the City’s Purchasing Conference Room, to be publicly opened and read aloud. Any RFQ received after the closing time will not be accepted and will be returned to the submitter unopened. It is the responsibility of the submitter to see that any RFQ submitted shall have sufficient time to be received by the City’s Purchasing Department prior to the RFQ opening date and time. The receiving time in the City Secretary’s Office will be the governing time for acceptability of the RFQ’s. RFQ’s will not be accepted by telephone or facsimile machine. All RFQ’S must bear original signatures and figures. The RFQ shall be for:

RFQ # 2013-006 GEO-TECHNICAL ENGINEERING SERVICES Respondents receiving a “NOTICE TO RESPONDENTS” and/or “REQUEST FOR QUALIFICATIONS” notice in the mail or reading same in the newspaper are advised that the solicitation documents can be downloaded from the City of Weslaco web page address: www.weslacotx.gov, or may obtain copies of same by contacting the office of: HOMER RHODES, PURCHASING AGENT, LOCATED AT 255 S. KANSAS AVENUE, WESLACO, TX 78596 by calling (956) 968-3181 Ext. 2240 or by e-mailing your request to the following email address: hrhodes@weslacotx.gov If you have any questions or require additional information regarding this RFQ, please contact Mardoqueo Hinojosa, P.E., City Engineer, at (956) 447-3401.

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Hand Delivered RFQ’S:

255 S. Kansas Avenue C/o Purchasing Department

If using Land Courier (i.e. FedEx, UPS):

City of Weslaco C/o Purchasing Department 255 S. Kansas Avenue Weslaco, Texas 78596

If Mailing Proposals:

City of Weslaco C/o Purchasing Department 255 S. Kansas Avenue Weslaco, Texas 78596

The City of Weslaco reserves the right to refuse and reject any or all RFQ’s and to waive any or all formalities or technicalities and to accept the RFQ deemed most advantageous to the City, and hold the RFQ’s for a period of 60 days without taking action. RFQ’s must be submitted in an envelope sealed with tape and prominently marked on the lower left hand corner of the envelope with corresponding RFQ number and title. Please read your requirements thoroughly and be sure that the RFQ offered complies with all requirements/specifications noted. Any variation from the solicitation requirements/specifications must be clearly indicated by letter, on a point by point basis, attached to and made a part of your RFQ. If no exceptions are noted, and you are the successful respondent, it will be required that the service(s) be provided as specified. PURPOSE (1) The purpose of these solicitation documents is to execute a Professional Services Contract for:

RFQ # 2013-XXX GEO-TECHNICAL ENGINEERING SERVICES INTENT (2) The services to be provided under this RFQ shall be in accordance with and shall meet all specifications and/or requirements as shown in this solicitation for RFQ. There is no intention to disqualify any respondent who can meet the requirements. SUBMITTAL OF RFQ (3) RFQs shall be submitted in sealed envelopes as called referenced on the attached solicitation. Five (5) complete sets of the response One (1) original marked “ORIGINAL,” and four (4) copies marked. RFQs submitted by facsimile (fax) or electronically shall NOT be accepted. Submittal of an RFQ in response to this solicitation constitutes an offer by the respondent. Once submitted, RFQ’s become the property of the City of Weslaco and as such the City reserves the right to use any ideas contained in any RFQ regardless of whether that respondent/firm is selected.

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Submission of a RFQ in response to this solicitation, by any respondent, shall indicate that the respondent(s) has/have accepted the conditions contained in the RFQ, unless clearly and specifically noted in the RFQ submitted and confirmed in the contract between the City and the successful respondent otherwise. RFQs which do not comply with these requirements may be rejected at the option of the City. RFQs must be filed with the City of Weslaco before the deadline day and hour. No late RFQs will be accepted. They will be returned to respondent unopened (if properly identified). Failure to meet RFQ requirements may be grounds for disqualification. Hand Delivered RFQ’S:

255 S. Kansas Avenue C/o Purchasing Department

If using Land Courier (i.e. FedEx, UPS):

City of Weslaco C/o Purchasing Department 255 S. Kansas Avenue Weslaco, Texas 78596

If Mailing RFQ’s:

City of Weslaco C/o Purchasing Department 255 S. Kansas Avenue Weslaco, Texas 78596

TIME ALLOWED FOR ACTION TAKEN (4) The City of Weslaco may hold RFQ/s 60 days after deadline without taking action. Respondents are required to hold their RFQ/s firm for same period of time. RIGHT TO REJECT/AWARD (5) The City of Weslaco reserves the right to reject any or all RFQs, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of Weslaco. ASSIGNMENT (6) Respondents are advised that the City of Weslaco shall not allow the successful respondent to sell, assign, transfer, or convey any part of any contract resulting from this RFQ in whole or in part, to a third party without the written approval of the City of Weslaco. AWARD (7) Respondents are advised that the City of Weslaco is soliciting RFQs and award shall be made to the respondents that in the opinion of the City of Weslaco are the best qualified. NUMBER OF CONTRACTS (8) THE CITY reserves the right to award one, more than one, or no contract(s) in response to this RFQ. STATUTORY REQUIREMENTS (9) It shall be the responsibility of the successful respondent to comply with all applicable State & Federal laws, Executive Orders and Municipal Ordinances, and the Rules and Regulations of all RFQ 2013-006

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authorities having jurisdiction over the work to be performed hereunder and such shall apply to the contract throughout, and that they will be deemed to be included in the contract as though written out in full in the contract documents. ALTERATIONS/AMENDMENTS TO RFQ (10) RFQ CANNOT be altered or amended after opening time. Alterations made before opening time must be initialed by respondent guaranteeing authenticity. No RFQ may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Weslaco. NO RESPONSE TO RFQ (11) If unable to submit a RFQ, respondent should return inquiry giving reasons. LIST OF EXCEPTIONS (12) The respondent shall attach to his/her RFQ a list of any exceptions to the specifications/ requirements. PAYMENT (13) The City of Weslaco will execute payment by mail in accordance with the State of Texas Pay Law after SERVICES have been completed, introduced to the City, and found to meet City of Weslaco specifications/requirements. No other method of payment will be considered. SYNONYM (14) Where in this solicitation package SERVICES is used, its meaning shall refer to the request for Qualifications GEO-TECHNICAL ENGINEERING SERVICES as specified. RESPONDENT’S EMPLOYEES (15) Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of this Service Contract shall be considered employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right of inspection of said undertakings at any time. INDEMNIFICATION CLAUSE (16) The Respondent agrees to indemnify and save harmless the City, from all suits and actions of every nature and description brought against them or any of them, for or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Purchasing Agent, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used INTERPRETATIONS (17) Any questions concerning the project and/or specifications/requirements with regards to this solicitation for statement(s) of qualifications shall be directed to the designated individuals as outlined in the RFQ. Such interpretations, which may affect the eventual outcome of this request for statements of qualifications, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Weslaco in accordance with paragraph entitled “Addenda and Modifications”.

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VERBAL THREATS (18) Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason and/or reasons shall be considered a breach of contract and the City will immediately sever the contract with the Respondent/Consultant on contract. CONFIDENTIAL INFORMATION (19) Any information deemed to be confidential by the respondent should be clearly noted on the pages where confidential information is contained; however, the City cannot guarantee that it will not be compelled to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the respondent may not be considered confidential under Texas Law, or pursuant to a Court order. PAST PERFORMANCE (20) Respondent’s past performance shall be taken into consideration in the evaluation of RFQ submittal. JURISDICTION (21) Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Hidalgo County, Texas. RIGHT TO AUDIT (22) The City of Weslaco reserves the right to audit the vendor’s books and records relating to the performance of this contract. The City of Weslaco, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours’ advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the Supply/Service and/or Purchase Contract. If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid. VENUE (23) The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Hidalgo County, Texas. CONFLICT OF INTEREST (24) CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Weslaco not later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person

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commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. For more information or to obtain Questionnaire CIQ visit the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS “C” MISDEMEANOR. CONFIDENTIALITY OF INFORMATION AND SECURITY (25) Should the successful respondent become the holder of and have access to confidential information in the process of fulfilling its responsibilities in connection with an awarded contract the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City, and any applicable federal laws and regulations relating to confidentiality. TERMINATION OF CONTRACT (26) The City of Weslaco reserves the right to terminate the contract if, in the opinion of the City of Weslaco, the successful vendor’s performance is not acceptable, no funds are available, or if the City wishes, without cause, to discontinue this contract. Termination will be in written form allowing a 30-day notice. RESPONSE DEADLINE (27) Responses to the RFQ must be addressed to Mardoqueo Hinojosa, P.E., City Engineer, City of Weslaco, 255 S. Kansas Avenue by September 20, 2013 until 3:00 p.m. for consideration. An original and four (4) complete sets of the response must be submitted no later than this date and time in a sealed envelope indicating that its contents are in response to the RFQ for “GEOTECHNICAL ENGINEERING SERVICES”. Respondents are advised that all confidential records must be submitted in a separate sealed envelope and marked accordingly. Hand Delivered RFQ’s:

255 S. Kansas Avenue C/o Purchasing Department

If using Land Courier (i.e.FedEx, UPS):

City of Weslaco C/o Purchasing Department 255 S. Kansas Avenue Weslaco, Texas 78596

If Mailing RFQs:

City of Weslaco C/o Purchasing Department 255 S. Kansas Avenue Weslaco, Texas 78596

ADDENDA AND MODIFICATIONS (28) Any changes, additions, or clarifications to the RFQ are made by amendments (addenda). Any respondent in doubt as to the true meaning of any part of the RFQ or other documents may request an interpretation from the Purchasing Division. At the request of the respondent, or in the

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event the Purchasing Division deems the interpretation to be substantive, the interpretation will be made by written addendum. Said Addenda shall be mailed, e-mailed, hand delivered and/or faxed, to all prospective respondents. All Addenda issued in respect to this RFQ shall be considered official changes to the original documents. Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative or binding. It shall be the respondent’s responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their RFQ Submittal. Respondent(s) signature on Addenda shall be interpreted as the respondent’s “recognition and compliance to” official changes as outlined by the City of Weslaco and as such are made part of the original solicitation documents. Failure of any respondent to receive any such addendum or interpretation shall not relieve such respondent from its terms and requirements. Addendums are available online at www.weslacotx.gov, if needed. RFQ PREPARATION COSTS (29) The City of Weslaco shall not be held liable for any costs incurred by any respondent for work performed in the preparation of and production of a RFQ or for any work performed prior to execution of contract. EQUAL EMPLOYMENT OPPORTUNITY (30) Respondent agrees that they will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. AUTHORIZATION TO BIND RESPONDENT TO RFQ (31) RFQs MUST give full firm name and address of respondent, and be manually signed. Failure to do so will disqualify your RFQ. Person signing bid must show title or AUTHORITY TO BIND HIS/HER FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the RFQ. A corporation shall execute the RFQ by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and addresses of all partners. All partners shall execute the RFQ. Partnership and Individual Respondent shall state in the proposal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature. Confidential Information Respondents are advised that all confidential records must be submitted in a separate sealed envelope and marked accordingly.

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GENERAL The City of Weslaco’s Planning and Code Enforcement is currently seeking to retain a rotation list of qualified professional Geo-technical Engineering firms to provide Geo-technical Engineering. The term of the contract will be two (2) years with the option to extend an additional one (1) year. The services request is to provide the following services: Geotechnical Engineering, Construction Materials Testing and Engineering, and Environmental Services of any and all City Projects. It is anticipated that Geo-technical Engineering firms will lead full teams of engineers and or related consultants as needed for each project. This document outlines the requirements, selection process and documentation necessary to submit to this Request for Qualifications (RFQ). SCOPE OF SERVICES The selected firm(s) will report to, and operate under, the direction of City of Weslaco’s Planning and Code Enforcement staff. Must have a Texas Licensed Professionals with superior background, training, and qualifications meeting all requirements of this RFQ, Registered or licensed in the State of Texas. The scope of services required by this RFQ may include some or all of the following services: 1. Geotechnical: A. Slab on Grade Foundation Evaluation and Recommendation B. Special Construction Details for Removal of Ground or Surface Water, Existence of Expansive Clay, Hydrostatic Pressure, etc. C. Site Work D. Retention Systems E. Field Exploration F. Laboratory Testing G. Analysis and Reports H. Other Geotechnical Evaluation 2. Construction Materials Testing: A. Plans Review B. Earthwork Services C. Density Testing D. Post Construction Services E. Foundation Inspection Services F. Concrete Services G. Structural Steel Services H. Other Laboratory Construction Testing for Infrastructure and/or Building Projects.

All qualified firms or persons shall have current licenses as required under the State of Texas for the provisions of services requested for the City of Weslaco.

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CONTRACT A sample Professional Services Agreement is attached for review of all firms submitting an RFP. Each firm must carefully review all sections and pay special attention to the indemnity and insurance portions of the agreement. Insurance requirements are included in the Agreement and they must be satisfied prior to the execution of the Agreement. Note that the City does not ordinarily allow modifications to the standard agreement. PAYMENT The method of payment to the selected firms shall be on a time-and-material basis. This amount shall include labor, overhead, profit and expenses including transportation, communications, and materials. Progress payments will be based on actual hours and contract hourly rates charged to a particular task on a monthly basis. Each invoice submitted to the City for payment shall contain a brief description of the work billed on that invoice, total billed to date, total paid to date and amount remaining. SUBMITTAL REQUIREMENTS Geo-Technical Engineering Services Request for Qualifications (RFQ) is requested to be submitted to the City Secretary’s Office at 255 S. Kansas Avenue. Weslaco, Texas 78596, no later than 3:00 PM ON SEPTEMBER 20, 2013. The RFQ must be submitted according to the instructions outlined herein. Each response should include, at a minimum, the following items: 1. Transmittal letter – Indicate interest and commitment to perform services for the City of Weslaco, include contact information (physical address, telephone, fax, cell phone, and email address) for the primary person responsible for your RFQ who will be the point of contact for the City on all correspondence and communications pertaining to the RFQ. State whether any addendums to this RFQ have been received by your firm and whether consideration of their content has been included in your RFQ. The letter must be signed by an officer of the firm who is authorized to bind the firm to contract and shall contain a statement to this effect; 2. Firm Qualification and Experience – Discuss the firm’s experience and history in performing Geo-Technical Engineering Services in a timely manner, particularly for other governmental agencies in the past five (5) years. Discuss the firm’s uniqueness to best perform these services for the City. Identify the office location that will be providing the services and the approach to handling part-time staffing needs for smaller assignments. 3. Team Member Qualifications and Experience – Submit resumes summarizing qualifications and experience of project manager, key staff and any support staff likely to be assigned to the work. 4. References – Provide at least three references (names and current phone numbers) from recent work and List all past projects with the City of Weslaco for each proposed team RFQ 2013-006

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member. Include a brief description of the projects associated with the reference, and the role of the individual. 5. Fee Schedule – Provide a list of hourly billing rates for each proposed team member. Hourly billing rates shall include all direct and indirect labor expenses, transportation, cell phone, computer, sub-consultant fee mark-ups, and etc... 6. Insurance - Provide information on the types and amounts of insurance carried by the PSP, including General Liability, Auto Coverage, Worker’s Compensation, and Professional Liability Coverage. A list of any insurance claims against the firm within the past 5 years. 7. Professional Services Agreement – Provide a statement that the Professional Services Agreement has been read, that the firm will meet the prerequisite insurance requirements, and the firm, if selected, agrees to enter in to such agreement. 8. Presentation – Each firm must submit five (5) bound copies of the RFQ. SELECTION PROCESS Evaluation will include confirmation by City Staff that respondents have the required registration, license, insurance or expertise to render requested services. The evaluation process is not intended to select one best qualified provider but rather shall include several similarly qualified providers that will be placed on a pre-qualified list. The selection Committee shall screen and rate all of the respondents that are submitted. Selection ratings will be based on 100-point scale rating and shall be based on the following criteria. a. Overall Qualification of Team 40 points b. Previous Experience with City 10 points c. Ability to meet Schedules and Deadlines 30 points d. Stability and References 15 points e. Presentation 5 points The City may select one (1) or more firms to provide services based on this evaluation or it may choose to follow up with an interview, if necessary. This process will result in the selection of a firm or firms to provide services. The City reserves the right to reject any and all RFQ’s for any reason whatsoever. The City may waive informalities or irregularities in the RFQ’s received where such is merely a matter of form and not substance, and the correction or waiver thereof is deemed by the City not prejudicial to other RFQ’s. After the selection of the most qualified firm(s), scope of services and billing rates will be negotiated and used as attachments to the City’s Professional Services Agreement. This Agreement will then be submitted to the City Commission for approval. If the City and the selected firm cannot successfully negotiate an agreement, then the City will enter into negotiations with the next best qualified firm on the evaluation rating list. This procedure may be repeated until one (1) or more firms has been selected and approved by the City Commission.

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The City currently anticipates conducting the selection process proceeding in accordance with the following list of milestones. This schedule is subject to revision and the City reserves the right to modify this schedule as necessary, in its sole discretion. RFQ Issued Publish RFQ RFQ Submission Deadline (Post Marked or Delivered) RFQ Review Firms Interviews, if required City Commission Selects Firm(s)

September 8, 2013 September 8, 2013 September 20, 2013 September 20 - 24, 2013 September 24, 2013 October 1, 2013

CITY CONTACT If you should have any questions regarding the preparation of the RFQ contact Mardoqueo Hinojosa, P.E., City Engineer (956) 447-3401 or mhinojosa@weslacotx.gov. Responses to the RFQ must be addressed to City’s Purchasing Department, City of Weslaco, and received at City Hall, at 255 S. Kansas Avenue, Weslaco, Texas 78596 by September 20, 2013 and no later than 3:00 pm. Five (5) complete sets of the response no larger than 30 bound pages must be submitted no later than this date and time. The RFQ is to be placed in a sealed envelope indicating that its contents are in response to the Request for Qualifications for the GEOTECHNICAL ENGINEERING SERVICES.

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STATE OF TEXAS

§

PROFESSIONAL SERVICES AGREEMENT

COUNTY OF HIDALGO

§

BETWEEN THE CITY OF WESLACO

CITY OF WESLACO

§

AND ___________________________________

THIS AGREEMENT made and entered into this _______day of 2013 by and between the City of Weslaco, a home-ruled municipal corporation in Texas, 225 S. Kansas Avenue, Weslaco, Hidalgo County, Texas 78596 (hereinafter called “CITY”) and ___________________, (hereinafter called “CONSULTANT”) for ____________________________ services. 1. DUTIES A.

CONSULTANT agrees to exercise special skill to accomplish the following results in a manner reasonably satisfactory to CITY: ________________________________, as specified in Exhibit A: Scope of Services, which by this reference is incorporated herein.

B.

CONSULTANT shall provide the personnel listed below to perform the above-specified services, which persons are hereby designated as key personnel under this Agreement. Name

Firm

Function Principal in Charge Project Manager

C.

No person named in paragraph B of this Section, or his or her successor, shall be removed or replaced by CONSULTANT, nor shall his or her agreed-upon function hereunder be changed, without the prior written consent of CITY. Such consent shall not be unreasonably withheld.

D.

CONSULTANT’S PROGRESS REPORTS AND/OR MEETINGS 1)

The CONSULTANT shall submit written progress reports with each invoice. The report should be sufficiently detailed for the Contract Manager to determine if the CONSULTANT is performing to expectations or is on schedule; to provide communication of interim findings; and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

2)

The CONSULTANT’s Project Manager shall meet with the CITY’s Contract Manager, as needed, to discuss progress on the contract.

2. COMPENSATION In consideration for CONSULTANT accomplishing said result, CITY agrees to pay CONSULTANT as follows: A.

Total payment is not to exceed $ __________for time and materials at the rates and conditions set forth in Exhibit B: Fee Schedule, which by this reference is incorporated herein.


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B.

In no event, will the CONSULTANT be reimbursed for overhead costs at a rate that exceeds the overhead rate set forth in the Fee Schedule.

C.

DELETED

D.

Reimbursable expenses will be billed by CONSULTANT and processed for payment upon approval of the Contract Manager.

E.

Progress payments will be made no less than monthly in arrears based on satisfactory services provided and actual allowable incurred costs. A pro rata portion of the CONSULTANT’s fixed fee, if applicable, will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Scope of Services, the CITY may delay payment and/or terminate this Agreement in accordance with the provisions of Section 4 of this Agreement.

F.

No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

G.

CONSULTANT shall not exceed milestone cost estimates as shown in Exhibit B, except with the prior written approval of the Contract Manager.

H.

The CONSULTANT will be reimbursed after receipt by the CITY’s Contract Manager of itemized invoices. Invoices shall be submitted no later than 45calendar days after the performance of work for which the CONSULTANT is billing. Invoices shall be mailed to the CITY’s Contract Manager at the following address: CITY OF WESLACO, 255 S. Kansas Avenue, Weslaco, Texas 78596 The invoices must include the following information: 1.

Labor (staff name, hours charged, hourly billing rate, current charges and cumulative charges) performed during the billing period by task;

2.

Itemized expenses incurred during the billing period;

3.

Total invoice/payment requested;

4.

Total amount previously paid under this Agreement;

5.

Report of expenditures by CONSULTANT and subconsultants for each task and subtask or milestone and estimated percentage completion by such divisions of work;


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6.

Written progress reports, in a format to be mutually agreed upon, that is sufficiently detailed for the Contract Manager to determine if the CONSULTANT is performing to expectations and is on schedule; provides communication of interim findings; addresses any difficulties or special problems encountered, so remedies can be developed; and other information as requested by CITY.

7.

CONSULTANT’s final invoice must be submitted within 60-calendar days after acceptance of the CONSULTANT’s work by the Contract Manager.

I.

DELETED

3.

TERM This Agreement shall take effect on (DATE) contingent upon prior approval by the CITY governing board, and the CONSULTANT shall commence work after notification to proceed by the CITY’S Contract Manager. The Agreement shall end on (DATE), unless earlier terminated or extended by contract amendment. The CONSULTANT is advised that this Agreement is not binding and enforceable until it is fully executed and approved by the CITY’s governing board.

4.

EARLY TERMINATION A.

CITY may terminate this Agreement for its convenience any time, in whole or part, by giving CONSULTANT thirty-day (30-day) written notice thereof. Within thirty days of the CITY’s receipt of CONSULTANT’s final billing, CITY shall pay CONSULTANT its allowable costs incurred to date of termination and those allowable costs determined by CITY to be reasonably necessary to effect such termination. Thereafter, CONSULTANT shall have no further claims against CITY under this Agreement.

B.

CITY may terminate this Agreement for CONSULTANT’s default if a federal or state proceeding for the relief of debtors is undertaken by or against CONSULTANT, or CONSULTANT’s principal, or if CONSULTANT or CONSULTANT’s principal makes an assignment for the benefit of creditors, or if CONSULTANT breaches any term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) days after written notice thereof by CITY. CONSULTANT shall be liable for any and all reasonable costs incurred by CITY as a result of such default, including but not limited to reprocurement costs of the same or similar services defaulted by CONSULTANT under this Agreement.

C.

CONSULTANT may terminate this Agreement by giving the CITY at least one hundred and twenty (120) days advance written notice. CONSULTANT shall be liable for any and all reasonable costs incurred by CITY as a result of such default, including but not


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limited to reprocurement costs of the same or similar services defaulted or not provided by CONSULTANT under this Agreement. 5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS CONSULTANT shall exonerate, indemnify, defend, and hold harmless the CITY (which for the purpose of this Agreement shall include, without limitation, its officers, agents, employees and volunteers) from and against: A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which CITY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property which arise out of, pertain to, or relate to CONSULTANT’S negligence, recklessness, or willful misconduct under the terms of this Agreement. Such indemnification includes any damage to the person(s), or property(ies) of CONSULTANT and third persons. B.

Any and all Federal, State and Local taxes, charges, fees, or contributions required to be paid with respect to CONSULTANT and CONSULTANT’S officers, employees and agents engaged in the performance of this Agreement (including, without limitation, unemployment insurance, social security and payroll tax withholding).

6. INSURANCE. CONSULTANT, at its sole cost and expense, for the full term of this Agreement, and any extensions thereof, shall obtain and maintain at minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be excess of CONSULTANT’S insurance coverage and shall not contribute to it. If CONSULTANT utilizes one or more subconsultants in the performance of this Agreement, CONSULTANT shall obtain and maintain Independent CONSULTANT’s Insurance as to each subconsultant or otherwise provide evidence of insurance coverage from each subconsultant equivalent to that required of CONSULTANT in this Agreement. A.

Types of Insurance and Minimum Limits 1)

Workers’ Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if the CONSULTANT has no employees and certifies to this fact by initialing here _________.

2)

Automobile Liability Insurance for each of CONSULTANT’S vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONSULTANT’S employees), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle use by the CONSULTANT is not a material part of performance of this Agreement and CONSULTANT and CITY both certify to this fact by initialing here ____/____.

3)

Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of one million dollars ($1,000,000) combined single limit (CSL), including


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coverage for: (a) bodily injury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability. 4)

Professional Liability Insurance in the minimum amount of one million dollars ($1,000,000) combined single limit, if, and only if, this Subparagraph is initialed by CONSULTANT and CITY _____/_____.

B. Other Insurance Provisions 1) If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONSULTANT agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONSULTANT may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable. The CITY will not be responsible for any premiums or assessments on the policy. 2)

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clause: “CITY, its officials, employees, agents and volunteers are added as an additional insured as respects the operations and activities of, or on behalf of, the named insured performed under Agreement with the CITY.”

3)

All required insurance policies shall be endorsed to contain the following clause: “This insurance shall not be canceled until after thirty (30) days prior written notice has been given to: City of Weslaco Attn: Leonardo Olivares, City Manager 255 S. Kansas Avenue Weslaco, Texas 78596

4)

CONSULTANT agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificates of Insurance for all required coverages. All Certificates of Insurance shall be delivered or sent to: City of Weslaco Attn: Leonardo Olivares, City Manager 255 S. Kansas Avenue Weslaco, Texas 78596

5)

The CONSULTANT agrees that the insurance herein provided for, shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, the CONSULTANT agrees to provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the contract, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the


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approval of the CITY. In the event the CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, the CITY may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. 6)

If any insurance policy of CONSULTANT required by this document includes language conditioning the insurer’s legal obligation to defend or indemnify CITY on the performance of any act(s) by the named insured, then said insurance policy, by endorsement, shall also name the CITY as a named insured. Notwithstanding the foregoing, both the CONSULTANT and its insurers agree that by naming the CITY as a named insured, the CITY may at its sole direction, but is not obligated to, perform any act required by the named insured under said insurance policies.

7)

CONSULTANT shall do all things required to be performed by it pursuant to its insurance policies including but not limited to paying within five (5) work days, all deductibles and selfinsured retentions (SIR) required to be paid under any insurance policy that may provide defense or indemnity coverage to CITY or any additional insured.

8)

CONSULTANT shall cause the foregoing provisions to be inserted in all subcontracts for any work covered under this Agreement by a subconsultant compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

7. FEDERAL, STATE AND LOCAL LAWS CONSULTANT warrants that in the performance of this Agreement, it shall exercise usual and customary professional care in its efforts to comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. In the event of a conflict between the laws and lawful regulations of any government entities having jurisdiction over the project, the CONSULTANT shall notify CITY of the nature and impact of such conflict. The CITY agrees to cooperate and work with the CONSULTANT in an effort to resolve any conflict. 8. EQUAL EMPLOYMENT OPPORTUNITY During and in relation to the performance of this Agreement, CONSULTANT agrees to the following: The CONSULTANT shall not discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State and local laws, including but not limited to race, color, gender, religion, national origin, ancestry, physical or mental disability, medical condition, marital status, sexual orientation, age (over 18), veteran status, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment; advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training (including apprenticeship), employment, upgrading, demotion, or/transfer. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this nondiscrimination clause. CONSULTANT shall comply fully with all federal, State and local laws and regulations which prohibit discrimination. The CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of Texas that the CONSULTANT


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has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, Texas Administrative Code, Section 8103. In the event of CONSULTANT’S non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations or orders the CITY may cancel, terminate or suspend the Agreement in whole or in part. CONSULTANT may also be declared ineligible for further agreements with the CITY. 9. HARASSMENT The CITY maintains a strict policy prohibiting unlawful harassment, including sexual harassment, in any form, including verbal, physical and visual harassment by any employee, supervisor, manager, officer or Board member, or agent of the employer. Vendors, CONSULTANTs, and consultants shall not engage in conduct that has an effect of unreasonably interfering with a CITY employee’s work performance or creates an intimidating, hostile or offensive work environment. 10. LICENSES If a license of any kind is required of CONSULTANT, its employees, agents, or sub CONSULTANTs by Federal or State law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, that CONSULTANT shall keep it in effect at all times during the terms of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations. 11. INDEPENDENT CONSULTANT STATUS CONSULTANT and CITY have reviewed and considered the principal test and secondary factors herein and agree that CONSULTANT is an independent CONSULTANT and not an employee of CITY. CONSULTANT is responsible for all insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONSULTANT is not entitled to any employee benefits. CITY agrees that CONSULTANT shall have the right to control the manner and means of accomplishing the result contracted for herein. PRINCIPAL TEST: The CONSULTANT rather than CITY has the right to control the manner and means of accomplishing the result contracted for. SECONDARY FACTORS: (a) The extent of control which, by agreement, CITY may exercise over the details of the work is slight rather than substantial; (b) CONSULTANT is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONSULTANT is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONSULTANT rather than the CITY supplies the instrumentalities, tools and work place; (I) The length of time for which CONSULTANT is engaged is of limited duration rather than indefinite; (g) The method of payment of CONSULTANT is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of CITY; (i) CONSULTANT and CITY believe they are creating an independent CONSULTANT relationship rather than an employer-employee relationship; and (j) The CITY conducts public business. It is recognized that it is not necessary that all secondary factors support creation of an independent CONSULTANT relationship, but rather that overall there are significant secondary factors which indicate that CONSULTANT is an independent CONSULTANT.


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By their signatures to this Agreement, each of the undersigned certifies that it is his or her considered judgment that the CONSULTANT engaged under this Agreement is in fact an independent CONSULTANT. 12. RETENTION AND AUDIT OF RECORDS For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, Texas Code of Regulations, Chapter 21, Section 2500 et seq., if applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7: CONSULTANT, subconsultants, and the CITY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for five (5) years from the date of final payment under this Agreement or until a final audit report is accepted by CITY, whichever occurs first. The CITY and any state or federal auditor, or any duly authorized representative of the state or federal government shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the Agreement for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. 13. INSPECTION OF WORK The CONSULTANT and any subconsultant shall permit the CITY, the state, and the FHWA if federal participating funds are used in this contract, to review and inspect the project activities and files at all reasonable times during the term of this Agreement including review and inspection on a daily basis. 14. ACKNOWLEDGMENT CONSULTANT shall acknowledge in all reports and literature that the material is prepared for and on behalf of the CITY. 15. WORK PRODUCTS All material, data, information, and written, graphic or other work produced under this Agreement is subject to the unqualified and unconditional right of the CITY to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, free of charge and in any manner and for any purpose; and to authorize others to do so. If any of the work is subject to copyright, trademark, service mark, or patent, CONSULTANT now grants to the CITY a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense. CONSULTANT shall include in any subcontract with a third party for work under this Agreement terms that preserve the rights, interests, and obligations created by this Section, and that identify the CITY as a third-party beneficiary of those provisions. The CONSULTANT shall not utilize the work produced under this Agreement for any profit-making venture, or sell or grant rights to a third party for that purpose. A. Upon completion of all work under this contract, ownership and title to all custom letters, reports, documents, plans, specifications, and estimates and other products produced as part of this Agreement (herein “deliverables”) will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. The CONSULTANT shall furnish the CITY all necessary copies of data needed to complete the review and approval process. Copies may be made for CONSULTANT’s records but shall not be furnished to others


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without the CITY’s prior written authorization. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by CITY. All information derived from these deliverables is deemed confidential and may not be disclosed to any other party without the express prior written consent of CITY. No information obtained during audit work performed under this Agreement may be used by CONSULTANT for any purpose (internal or external), nor may the information be discussed with others without the prior written consent of CITY. B. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Section. 16. SAFETY A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions issued by the CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the City of Weslaco and ETJ. B. Areas within the limits of the project are open to public and private traffic. The CONSULTANT shall comply with all of the requirements set forth in city, state and federal roads. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Section. 17. MODIFICATION OF AGREEMENT A. This Agreement may be amended or modified only by mutual written agreement of the parties. B. The CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the CITY’s Contract Manager. C. There shall be no change in the CONSULTANT’s Project Manager or members of the project team, as listed in the approved Fee Schedule, which is a part of this Agreement without prior written approval by the CITY’s Contract Manager. D. No oral understanding or agreement not incorporated herein shall be binding on the parties. 18. DISPUTES This Agreement shall be construed under the laws of the State of Texas. Pending final resolution of a dispute hereunder, CONSULTANT shall proceed diligently with the performance of this Agreement and shall comply with CITY’s instructions. A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of the CITY’s Contract Manager and Executive Director, who shall consider written or verbal information submitted by the CONSULTANT. B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONSULTANT may request review by the CITY COMMISSION of unresolved claims or disputes, other than audit. The request for review must be submitted in writing.


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C. Neither the pendency of a dispute, nor its consideration by the committee will excuse the CONSULTANT from full and timely performance in accordance with the terms of this contract. 19. AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post-completion audit of this Agreement that is not disposed of by agreement, shall be reviewed by the CITY’S Contract Manager. B. Not later than 30 days after issuance of the final audit report, the CONSULTANT may request a review by the CITY’S Executive Director of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by the CITY will excuse the CONSULTANT from full and timely performance, in accordance with the terms of this contract. 20. SUBCONTRACTING A. The CONSULTANT shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this Agreement shall be subcontracted without prior written authorization by the CITY’S Contract Manager, except that, which is expressly identified in the approved Fee Schedule. B. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all the provisions required by this Agreement to be applicable to those subconsultants. C. No substitution of subconsultants shall be valid until approved in writing by the CITY’s Contract Manager. 21. NONASSIGNMENT The CONSULTANT shall not assign the Agreement without the prior written consent of the CITY. 22. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right in its discretion to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 23. NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this Agreement and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT: __________________________________ (CONSULTANT) __________________________________, Project Manager (NAME) __________________________________ (ADDRESS) CITY:


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City of Weslaco Attn: Leonardo Olivares, City Manager 255 S. Kansas Avenue Weslaco, Texas 78596 24. COMPLETE AGREEMENT A. AGREEMENT: The two parties to this Agreement, who are the before named CONSULTANT and the before named CITY, hereby agree that this Agreement constitutes the entire Agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this Agreement as evidenced by the signatures below. B. CITY DESIGNEE: The Executive Director of CITY, or his or her designee, shall have the authority to act for and exercise any of the rights of COMM1SSION as set forth in this Agreement subsequent to, and in accordance with the authorization granted by the CITY. C. COMPLETE AGREEMENT, INCLUDING ATTACHMENTS. This Agreement includes all exhibits, attachments, and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the Agreement between CITY and CONSULTANT, and supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other terms or conditions. The CITY’s waiver of CONSULTANT’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver for any future performance of such term(s) or conditions(s). D. Attachments are: • Exhibit A: Scope of Services • Exhibit B: Fee Schedule Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Agreement and that such execution is binding upon the entity for which he or she is executing this document. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No._____to be executed on the date first written above. 1. CONSULTANT

2. CITY OF WESLACO

By: ____________________________ SIGNED

By: ______________________________ Miguel D. Wise, MAYOR

_____________________________ PRINTED Company Name: ___________________________ Address: __________________________________

_________________________________ PRINTED


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Telephone: _______________ Fax: ____________________ Email: __________________________ 3. APPROVED AS TO INSURANCE:

4. APPROVED AS TO FORM:

________________________________ Administrative Services Officer

___________________________________ CITY Counsel

DISTRIBUTION: •

City Manager

Planning Director

City Engineer

CONSULTANT


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Standardized Agenda Request Form

Date of Meeting: Agenda Item No. (to be assigned by CSO): September 3, 2013 IV. L. From (name, title, department and who submitting on behalf of, if any): Joe Pedraza, Health Official. Subject: Discussion and consideration to approve the Intergovernmental Cooperative Agreement for the Operation of a Regional Animal Shelter. Discussion: The Code Enforcement Department would like to request approval of an Intergovernmental Cooperative Agreement for the Operation of a Regional Animal Shelter that will allow for the adoption of animals from the City of Weslaco by the Upper Palm Valley Animal Center in Edinburg, Texas. Funding for the adoption program will be included in the FY 2013-2014 Budget. Fiscal Note: Amount: $ Term of Impact: [#] year(s) Identified in Current Budget: Y/N Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [ ] Budget Amendment [ ] Resolution [ ] Ordinance – First Reading [ ] Ordinance – Final Reading If item previously considered, provide date and action by Commission: N/A If item requires Publication Notice, provide date and periodical of publication; indicate if comments received from letters mailed to property owners: N/A Advisory Review, if any (name of board/committee, date of action, recommendation): Weslaco Animal Shelter Advisory Board recommends approval. Recommendation for Commission Action: Staff recommends approval pending additional language in the contract indicating that the Palm Valley Animal Center will provide materials to assist with public education regarding responsible pet ownership. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Original Cooperative Agreement. Responsibilities upon Approval: Execution of agreement upon approval.


------------------------------------------------------------------------------INTERGOVERNMENTAL COOPERATIVE AGREEMENT -------------------------------------------------------------------------------------FOR THE OPERATION OF A REGIONAL ANIMAL SHELTER Weslaco City Commission Regular Meeting

AGREEMENT I.

Page 194 September 3, 2013

Parties: The Parties to this Agreement are THE PALM VALLEY ANIMAL CENTER, a Texas NonProfit Corporation, hereinafter referred to as The Animal Center, whose principal place of business is on Trenton Road, in the City of Edinburg, Hidalgo County, Texas, and the CITY OF WESLACO, governmental entity located in Hidalgo County, Texas, hereinafter referred to as The City.

II. Purpose: A.

Whereas The Animal Center has operated an Animal Adoption program and Regional Animal Shelter in Hidalgo County since 1983;

B.

Whereas The City desires to continue its participation in the ongoing operation of a Regional Animal Shelter in conjunction with The Animal Center and other governmental entities in Hidalgo County;

C.

Therefore, The Parties hereby mutually agree as set out below:

III. The Animal Center agrees: A.

To provide a facility which complies with all requirements of the Texas Health and Safety Code Chapter 823 and all other relevant regulations, for the operation of a Regional Animal Shelter;

B.

To provide a Regional Animal Shelter for housing and care of any and all animals delivered to the Regional Animal Shelter by the City;

C.

To provide a program of mandatory spaying and neutering of all animals adopted from the Regional Animal Shelter in accordance with Chapter 828 of the Texas Health and Safety Code;

D.

To maintain the Regional Animal Shelter on a 24-hour basis with an assistance shelter manager on call 24-hours a day for shelter emergencies;

E.

To maintain office hours Monday through Saturday from 10 a.m. to 6 p.m. and 10 a.m. to 4 p.m. on Sunday;


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F.

To notify The City of the date, time and location of all meetings of The Animal Center's Board of Directors. A representative of The City is welcome to attend all board meetings. Any representative of The City who wishes to be placed on the agenda to address the board must notify the Animal Center in writing 48 hours in advance of the meeting. Any action taken by The Animal Center shall be at the Sole discretion of the Board of Directors.

G.

To provide a logbook where each Animal Control Officer can note any complaint as well as the date and time the complaint was made. The Shelter manager will then investigate complaints and respond to the Animal Control Officer as soon as reasonably possible;

H.

To provide an area where The City's Animal Control Officer may rinse out waste material from their trucks after dropping off animals;

I.

To accept responsibility for the acts and/or omissions of employees of the Regional Animal Shelter while acting within the course and scope of their employment and hold The City harmless from any claims resulting from those acts and/or omissions;

J.

To accept responsibility for the condition and operation of the Regional Animal Shelter and hold The City harmless from any claims resulting from that condition and operation;

K.

To maintain during the life of this Agreement a policy of liability insurance in an amount equal to the value of the Regional Animal Shelter and its contents;

L.

The Animal Center expressly denies any liability for the acts and/or omissions of the employees or agents of The City and for the capture and transportation of animals to the Regional Animal Shelter until such animal is actually in the care, custody and control of The Animal Center; and

M.

To provide monthly statements to The City setting out the total number of animals received in the preceding month and the total amount due from The City.

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IV. The City agrees: A.

To pay the sum of One Hundred Ten (110.00) Dollars per animal delivered to the Regional Animal Shelter during the term of this Agreement on or before the 15th day of the month in which a statement is received from The Animal Center;

B.

To pay the sum of One Hundred Fifteen (115.00) Dollars per animal pulled from The City’s facility by The Animal Center’s authorized agent.

C.

To deliver all animals designated by the authority of The City to the Regional Animal Shelter in a safe and humane manner;

D.

To provide disinfectant to each of its Animal Control Officers delivering animals to the Regional Animal Shelter for use during the rinsing out of The City's trucks;

E.

To require each Animal Control Officer to clean up the rinse out area after cleaning their trucks so that the area is ready for the next user;

F.

To train each Animal Control Officer in the proper preparation of the necessary paperwork when dropping off animals at the Regional Animal Shelter;

G.

To provide training to The City's new Animal Control officers for the safe and humane control of animals;

V.

The failure of The City to pay the sums required in Part IV, A, or B above, within 30 days of billing by The Animal Center, shall terminate shelter privileges for The City until said sums are paid, unless otherwise agreed in writing by the Parties.

VI. This Agreement shall only be amended by written mutual agreement of the Parties. This Agreement contains all of the terms of the agreements of the Parties. This Agreement shall be in effect for one year, starting from October 1, 2013 through September 30, 2014.

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VII. Neither The Animal Center or The City shall terminate this agreement nor take any adverse action against the other party without first giving written notice of the problem and advising the other party of its right to cure such problem. If the party corrects or cures the problem within the specified 30-day period, then no adverse action related to this Agreement shall be taken by either participant. It is the intent of the parties that litigation be avoided and in order to allow for quick resolution of any and all disputes, the parties hereby agree that any claims, demands or disputes that cannot be amicably resolved between the parties upon written request by either party shall be submitted within two weeks to a neutral, trained party for assistance in dispute resolution by means of non-binding mediation. If mediation efforts are unsuccessful, parties may resort to protecting their rights by litigation in district court. Said neutral third party should, if possible, be a local person with a background in dispute resolution and subject law. If the parties cannot agree on a neutral third party, then they shall submit the process to the American Arbitration Association for the selection of a neutral third party and the accomplishment of dispute resolution, in accordance with its guidelines.

VIII. The City, at its own expense, may audit the financial records of The Animal Center from time to time from the latest fiscal year for transactions involving expenditures of funds from The City, arising under this contract. The audit shall not extend to all transactions of The Animal Center, but only to those transactions, which relate directly to services provided to The City. At the written request of The City, The Animal Center will furnish The City with a copy of The Animal Center's budget which relates to the expenditure of funds of The City arising under this contract. The Animal Center agrees to reasonably cooperate with audit inquiries relating to such budget and expenditures arising out of this contract.

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IN WITNESS THEREOF, The City and The Animal Center have executed this agreement as of the date first above written.

ATTEST:

City of Weslaco, Texas

By: ____________________________

By: _________________________________

Title: City Secretary________________ , Elizabeth Walker

Title: _______________________________ Mayor, Miguel D. Wise Palm Valley Animal Center

_____________________________________ Board President

_____________________________________ Executive Director

Approved as to form: ________________________________ City Attorney , Ramon Vela

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Resolution 2013-64

Resolution of Support for South Texas College Bond and Maintenance Election November 5, 2013

WHEREAS South Texas College is a leader in workforce development and a major provider of job training in Hidalgo and Starr counties; and WHEREAS South Texas College is providing world class talent that is helping to grow and attract industry to the region; and WHEREAS South Texas College is the focal point for job development and job training, and a catalyst for economic and workforce development, leading to regional prosperity; and WHEREAS South Texas College is pivotal to the Valley's urban and rural health and wellbeing, which depend on high-skill, high-wage employment opportunities; and WHEREAS South Texas College has an annual economic impact of approximately $204 million dollars on the local community by its employees, students, and the consumption of local goods and services; and WHEREAS South Texas College has made a long-term commitment to being an affordable and publicly accountable higher education institution which uses tax dollars wisely and prudently; and WHEREAS tuition at South Texas College is affordable and substantially lower than the tuition rate at universities; and WHEREAS South Texas College has provided the opportunity to attend college and pursue gainful employment for thousands of students who never dreamed they would have such an opportunity; BE IT RESOLVED that the City of Weslaco supports the efforts and initiatives pursued by South Texas College, including the upcoming Bond and Maintenance Election scheduled for November 5, 2013.

Signed: ______________________________

Date: _________________

Title: _________________________ Attested by Elizabeth Walker, City Secretary:____________________________ Approved as to Form by Ramon Vela, City Attorney:______________________


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13 09 03 agenda supplements  

supplemental documentation to the regular meeting agenda of the Weslaco City Commission on September 3, 2013