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Weslaco City Commission Regular Meeting

Page 1 September 17, 2013

Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: September 17, 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. Senior Minister Howard Bloomquist from Central Christina Fellowship 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.


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

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 17, 2013

Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: 9/17/13 II. A & V. 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 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 [ ] Ordinance – First Reading [X] 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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A REGULAR MEETING OF THE WESLACO CITY COMMISSION TUESDAY, SEPTEMBER 3, 2013 On this 3rd day of September 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; Veronica Ramirez, Human Resources Director; Jeff Underwood, Planning & Code Enforcement Director; David Salinas, 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 30, 2013.

B.

Invocation. Father Martin de la Cruz from St. Joan of Arc 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.

II.

PUBLIC HEARING A.

To solicit input regarding the proposed Municipal Budget for the City of Weslaco for the fiscal year beginning October 1, 2013 and ending September 30, 2014. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to open public hearings on items II. A, B and C as posted concurrently. The motion carried

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unanimously; Mayor Wise was present, but not voting. The City Manager stated the Commission held two (2) workshops on this budget, which proposes to decrease property taxes from $0.6967 to $0.6867 as part of a ten year plan to decrease every other year until a rate of $0.6500 by 2021. The City Manager highlighted another major change proposed in this budget is to restore the retirement contributions for employees back to 2:1. This budget a $750.00 increase to the base salary for Police as per the Collective Bargaining Agreement; however, there is no proposed salary increase for Fire because there is no contract nor for nonunion staff. For ease and transparency, other proposed changes are to consolidate some of the accounts presently administered by the same department director. The sales tax revenue has been steadily increasing, so there has been consistent growth at the economic base. During 1999 through 2009 there was a decline in the fund balance, the City is now saving $1.0 million a year and is ahead of schedule with an expected ending fund balance for September 30, 2014 of $4,537.911.00. There has been a steady increase in the revenues from water, waste, brush and trash but the hotel tax revenues have declined since 2008 and are currently $350,000.00 Commissioner Rivera, seconded by Commissioner Martinez, moved to close public hearing on this item. The motion carried unanimously; Mayor Wise was present, but not voting. B.

To solicit input on behalf of 1980 JTR Enterprises, LLC, d.b.a. O’Lei Restaurant & Bar 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. There were no comments received. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to close public hearing on this item. The motion carried unanimously; Mayor Wise was present, but not voting.

C.

To solicit input on behalf of Martha A. Trevino, d.b.a. Mariscos Estrella del Mar 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. There were no comments received. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to close public hearing on this item. The motion carried unanimously; Mayor Wise was present, but not voting.

III.

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

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discussion have been acted upon. The remaining items will be adopted by one vote. Possible action.

A.

Approval of the Minutes of the following: 1) Regular Meeting of August 20, 2013; 2) Special Meeting of August 27, 2013. (Requested by City Secretary’s Office.) Attachment.

B.

Approval on Second and Final Reading of the following: 1) Ordinance 2013-10 adopting 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. 2) Ordinance 2013-11 adopting 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. 3) Ordinance 2013-12 adopting the 2012 Edition of the International Residential Code for the regulation 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. 4) Ordinance 2013-13 adopting 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. 5) Ordinance 2013-14 adopting 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. 6) Ordinance 2013-15 adopting 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment.

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7) Ordinance 2013-16 adopting 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. 8) Ordinance 2013-17 adopting 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. 9) Ordinance 2013-18 adopting 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. 10) Ordinance 2013-19 adopting 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 August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. 11) Ordinance 2013-20 adopting the 2011 National Electrical Code as the Electrical Code of the City, repealing any previous editions. (First Reading August 20, 2013; Requested by Planning and Code Enforcement Department.) Attachment. C.

Approval of the renewal of a Memorandum of Agreement with Cameron County Department of Health and Human Services Hospital Preparedness Program for 8 XTL 1500 mobile radios for the EMS units. (Requested by Fire Department.) Attachment.

D.

Approval of the transfer of EMS equipment from the Lower Rio Grande Valley Regional Advisory Council on Trauma, Service Area V and authorize the Mayor to execute any related documents. (Requested by Fire Department.) Attachment.

E.

Acceptance of county funds in the amount of $5,469.40 from the Lower Rio Grande Valley Regional Advisory Council on Trauma, Service Area V to purchase a stretcher, authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. (Requested by Fire Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve the consent agenda as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

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Weslaco City Commission Regular Meeting

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For the record, the Ordinances are as follows: 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 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 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 Minutes of the Regular Meeting on September 3, 2013

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

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PASSED AND APPROVED on second reading at a regular meeting of the City Commission this _3rd day of _September, 2013. 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. 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 Minutes of the Regular Meeting on September 3, 2013

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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. 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. 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.

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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. 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. 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.

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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 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. 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, Minutes of the Regular Meeting on September 3, 2013

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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. 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. 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 Minutes of the Regular Meeting on September 3, 2013

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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 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. 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 Minutes of the Regular Meeting on September 3, 2013

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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. 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 Minutes of the Regular Meeting on September 3, 2013

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§ 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. 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 day of August , 2013.

20th

PASSED AND APPROVED on second reading at a regular meeting of the City Commission this 3rd day of September, 2013. 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, Minutes of the Regular Meeting on September 3, 2013

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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. 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. /s/ Miguel D. Wise, MAYOR ATTEST: /s/ Elizabeth M. Walker, CITY SECRETARY APPROVED AS TO FORM: /s/ Ramon Vela, CITY ATTORNEY

Commissioner Martinez, seconded by Commissioner Rivera, moved to take item VI. from its posted sequence for immediate consideration. The motion carried unanimously; Mayor Wise was present, but not voting. VI.

PUBLIC COMMENTS Martin Garcia Jr. expressed his gratitude to the Commission and the sponsors for the success of Movies at the Park over the summer. Mr. Garcia stated that over 350 people were in attendance at each showing and 500 people at the last showing. The proceeds of the program support scholarship funds, one for Weslaco High School and one for Weslaco East High School. Next he hopes to add a firework show; he already has collected $3,800.00 from sponsors and would like the City to consider matching those funds. Commissioner Rivera, seconded by Commissioner Martinez, moved to take item IV. C. from its posted sequence for immediate consideration. The motion carried unanimously; Mayor Wise was present, but not voting.

IV.

NEW BUSINESS

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Discussion and consideration to approve Ordinance 2013-23 approving the City of Weslaco budget appropriation for the fiscal year October 1, 2013 – September 30, 2014. First Reading of Ordinance 2013-23. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated the City submitted a balanced budget with an annual surplus to build the fund balance. The proposed budget meets the Police CBA obligations and rewards staff who took ownership by restoring the Texas Municipal Retirement System contribution rate. The City also hopes to establish the Public Education and Government Channel with the $100,000.00 in available funds. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. In response to Commissioner Noriega, the City Manager stated there would be 19 new employees who will assume operations at the water and wastewater plants; mindful of creep effect, there are neither new positions nor proposed salary increases other than police. As a result of the consolidation it may appear higher, i.e. the grants coordinator position has been transferred to the City Manager’s Office. He added there is proposed restructuring of the utility rates, but there are no increases to residential rates. Mayor Pro-Tem Cuellar reiterated that it was tremendous news there would be no residential increases to water rates this year and congradulated the Commission and the staff for their hard work. Commissioner Noriega opposed the motion because she feels that the Commission did not thoroughly review the budget. By roll call vote, the motion carried (5-1); Mayor Wise was present, but not voting.

IV.

NEW BUSINESS A.

Discussion and consideration to approve Ordinance 2013-24 approving the City of Weslaco ad valorem property tax rate of $0.6867/$100.00 valuation, assessed lower than the rate last year, 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. First Reading of Ordinance 2013-24. 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 proposed property tax rate is $0.6867/$100.00 valuation, which is a $0.01 decrease from last year’s rate. He countered the factual errors in Mid-Valley Town Crier editorial: this proposed $0.01 decrease is part of a plan to lower the ad valorem rate every other year for the next 10 years. There is expected a $131,000.00 decrease to the general fund, but the City has prepared for the decrease in the proposed budget. There is a potential savings of $300,000.00 by bringing the

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operations of the water and wastewater treatment plants in-house. In response to Commissioner Noriega, Mr. Mann stated he could not know what the appraisal values would be. The City Manager stated they could prepare an average value of a house in Weslaco and its corresponding tax savings for the next meeting. Mr. Mann stated that the goal by lowering the tax rate is to meet the average tax rate to be more competitive: the top 11 cities in the Rio Grande Valley average less than Weslaco in property taxes. The motion carried unanimously; Mayor Wise was present, but not voting. Commissioner Tafolla, seconded by Commissioner Martinez, moved to take items V. E, F and G from their posted sequence for immediate consideration. The motion carried unanimously; Mayor Wise was present, but not voting. V.

REPORTS E.

Report on transition toward self-performance by the Public Utilities Department of water and wastewater treatment and lift stations. The City Manager stated that the City assumes operation of the water and wastewater treatment plants on October 1 after twenty years with Operations Management International (OMI). Mr. Salinas reported they hired most of the staff except for three positions; nine of the 19 applied from OMI, 6 were hired by the City. The City Manager stated that staff has been preparing for the switch since 2011. Mr. Oswaldo Garza representing OMI stated that he would like the City to reconsider their offer. Mr. Garza stated that they had 18 on site employees, but that there is a team of ten (10) behind the scenes to keep the City in compliance. City Manager stated that he believed the City was making the right decision to move in-house because staff is capable of the work and it allows the City to save $300,000.00 a year since OMI pays higher than market wages. Mayor Wise stated that they were not closing the door on OMI negotiations. Mayor Pro-Tem Cuellar stated that 27 cities in the Rio Grande Valley do not use OMI. Commissioner Noriega asked if the City would be saving money at the expense of service by not having these additional ten (10) employees behind the scenes? Mr. Salinas stated that the additional ten (10) employees are not full time employees and are not all are assigned to this region. Mayor Wise stated that his hope is that savings are passed onto the taxpayers.

F.

Report on Rate Study of the Public Utilities. Mr. Jeff Snowden representing Capex Consulting stated the rate study objective is to correct rate structure to be more equitable. Based on the current rate structure the average multifamily/commercial meter incurs a minimum charge of $13.66 despite its meter size. Moreover, the majority of commercial customers never reach 35,000 gallons consumption per month, so the revenues of those overage rates are never

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generated. Mr. Snowden recommends a rate structure as compared to a peer group of other cities which is based on meter size; for example, in Weslaco a 4” meter is $16.25 versus a $222.01 average in other cities. There are 36 active 4” meter accounts that use 30,000 gallons monthly. Mr. Snowden recommended a five (5) year plan with rates that increase to meet inflation. The City Manager stated that Weslaco’s commercials meters are undercharged when compared to the rest of the cities in the Valley. City Manager stated the proposed plan for meeting the financial obligations is revenue neutral and would be met through commercial rates rather then residential rates. The five (5) year plan will have an ordinance adopted each year. Commissioner Fox recommended they prepare literature to notify the affected accounts. Mayor Wise stated that the City is not a slave to the rate and has the opportunity to review it each year. G.

Report on Water Treatment Plant expansion project. Mr. Rolando Briones representing Briones Engineering stated the existing capacity of plant is 8 MGD and there have been several notices of non-compliance from the Texas Commission on Environmental Quality since 2009. This project adds 2.0 MGD to the existing plant capacity as well as 8.0 MGD additional capacity at a new modular plant, bringing the City’s total up to 18.0 MGD. The useful life of the new plant will be 50 years with a 20 year life on machinery. The future demands for the plant will include in distribution system improvements, bigger lines, bigger pumps and tanks. Mr. Salinas stated that the new pumps based on the projected growth of the City may need to be put in sooner rather then later. Mr. Briones stated that this project included three separate components to bring the plant up to 18.0 MGD. There were additional expense that came up during the projects which included $2.0 million used on electrical replacement at the existing plant and $500,000.00 used for the Milano tank. Mike Clarke representing CDM stated that their contract came in at $38.5 million. The project is currently $1.75 million under budget and 90% of subcontracts have been bid out. The bid packages varied according to trade discipline and there was a minimum of three (3) bidders with every package. Currently there is $3.0 million in funds remaining for bid outs. The project is currently 60% complete and there has been at total of 50,000 labor hours accumulated so far with zero accidents. All agreed order items set by TCEQ have been complete. The cost comparison for the new plant is $2.34/ per gallon and the existing plant $1.31/ per gallon. Mr. Briones stated that the plant project cost is in range with similar plants of $2.00$5.00 per gallon. The materials for the concrete have been kept local and numbers are open to the public. Commissioner Noriega asked why they did not go out for bids on CDM or for the subcontractor. Mr. Briones stated that CMAR contract was awarded at $38.0 million, with $5.0 million worth of work being self performed by CDM/CCI and 87% of the

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amount is bid open to the public. The City Manager stated the City ran the plant into the ground and should have built a new plant operational by 2003. In 2009 the City received its first letter from TCEQ and in 2011 the City received a notice of violation. The Construction Manager At Risk process was selected to move the project expeditiously. The City Secretary stated that 54 agenda items have been considered by the Commission over the past five (5) years on the Water Treatment Plant. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to take item IV. M. and N. from its posted sequence for immediate consideration. The motion carried unanimously; Mayor Wise was present, but not voting. IV.

NEW BUSINESS M.

Discussion and consideration to approve Resolution 2013-64 supporting the South Texas College Bond and Maintenance Election. Possible action. (Requested by South Texas College.) Attachment. Ms. Shirley Reed stated that this item was to endorse the proposed bond for $159.0 million which comes out to a ½ cent increase to the public and will result in a $34 million investment in Weslaco. 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.

N.

Discussion and consideration to approve a shared grant with the Economic Development Corporation of Weslaco to South Texas College in the amount of $18,624.00 to assist with transportation of students for the spring semester 2014 from outside of Weslaco to the South Texas College Mid-Valley Campus. Possible action. (Requested by the Economic Development Corporation of Weslaco.) Attachment. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

IV.

NEW BUSINESS A.

Discussion and consideration to approve Ordinance 2013-24 approving the City of Weslaco ad valorem property tax rate of $0.6867/$100.00 valuation, assessed lower than the rate last year, 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. First Reading of Ordinance 2013-24. Possible action. (Requested by Finance Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to bring this

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item for a roll call vote. The motion carried unanimously; Mayor Wise was present, but not voting. By roll call vote, the motion carried unanimously; Mayor Wise was present, but not voting. B.

Discussion and consideration to approve Ordinance 2013-25 approving the City of Weslaco Texas Municipal Retirement System (TMRS) benefits and rates and establishing an effective date of January 1, 2014 for such actions. First Reading of Ordinance 2013-25. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated this item is to restore the contribution rates for City employees to 2:1 for the Texas Municipal Retirement System (TMRS). Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

D.

Discussion and consideration after public hearing on behalf of 1980 JTR Enterprises, LLC, d.b.a. O’Lei Restaurant & Bar, 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 and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated notice was published and hearing held with two (2) citizens opposed; the Planning and Zoning Commission and staff recommend approval. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

E.

Discussion and consideration after public hearing on behalf of Martha A. Trevino, d.b.a. Mariscos Estrella del Mar 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 and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated notice was published and hearing held; the Planning and Zoning Commission and staff recommend approval. Commissioner Tafolla, seconded by Mayor Pro-Tem Cuellar, moved to approve item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

F.

Discussion and consideration to approve Resolution 2013-65 establishing the number of inhabitants within the territory of the City of Weslaco, Texas. Possible action.

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(Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated this determines a method to calculate the number of inhabitants solely for the purposes of extraterritorial jurisdiction (ETJ) and annexation. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. G.

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. The City Manager stated the Commission approved the preparation of a service plan on June 4 for 17 parcels of land. Staff has since gone back and identified additional properties it would like to include in the proposed annexation bringing the total up to 23 tracts with most of the properties being located along Westgate. Staff requests authorization to prepare a service plan for all 23 properties. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

H.

Discussion and consideration to approve the service plans for the involuntary annexation of 23 tracts of land pursuant to Texas Local Government Code §43.056. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager presented the service plan to extend hard services and soft services such a library access. Commissioner Noriega asked if the City would have to hire additional staff as a result of the service plan? The City Manager stated that they would have to keep up with the national standards of police and fire but staff has been very strategic in selecting areas of undeveloped property that do not need immediate City services. Mr. Underwood stated the service plan does not establish commitment until annexation ordinance is approved. Soft service will need to be provided immediately; hard services will need to be provided within 2½ years. The City can enter into a development agreement with farmland to extend ETJ without having to provide services. In response to Mayor Wise, Mr. Underwood stated 1900 acres of the proposed annexation is farmland to extend the City’s ETJ. Commissioner Rivera, seconded by Commissioner Tafolla, moved to approve item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

I.

Discussion and consideration to approve Resolution 2013-66 setting public hearing dates on the proposed annexations. Possible action. (Requested by Planning and

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Code Enforcement Department.) Attachment. The City Manager stated that the public hearings are set for October 15 and October 16. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. Commissioner Noriega asked why there was no time scheduled in between the public hearings? Mr. Underwood stated that the proposed dates comply with statute. The motion carried unanimously; Mayor Wise was present, but not voting. J.

Discussion and consideration to approve Ordinance 2013-22 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 and authorize the Mayor to execute any related documents. First Reading of Ordinance 2013-22. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated this item was to amend the subdivision ordinance to require water rights and capital recovery fees for parks; staff is ready to elaborate more before second reading. 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.

K.

Discussion and consideration to authorize the solicitation of a request for qualifications for professional services for geotechnical and material testing on an asneeded basis, authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. The City Manager stated with this item was the City to hires a company and the developers pay the cost. The motion carried unanimously; Mayor Wise was present, but not voting.

L.

Discussion and consideration to approve an agreement that will allow for the adoption of animals by the Palm Valley Animal Center in Edinburg, Texas, and authorize the Mayor to execute any related documents. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated that the animal shelter has saved the City $100,000.00 a year; however, recognizing an adoption program as important, staff proposes this

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agreement for adoptable animals with Palm Valley Animal Shelter. The cost estimate is $25,000.00 and he would like to amend the contract to include educational materials on spaying and neutering pets. Commissioner Rivera, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting. V.

REPORTS A.

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

Status,

Upcoming

Meetings,

The City Manager reference the report as enclosed. B.

Report on Litigation Status. Attachment. The City Manager stated the lawsuit by eleven former employees regarding the reduction in force have been dismissed.

C.

“Is the Current Model for Public Safety Service Delivery Sustainable?” Public Management, September 2013. Attachment. The City Manager reference the report as enclosed.

D.

“Bargaining for a New 12-Hour Firefighters’ Shift Structure: Learn Which Strategies Worked for Delaware Ohio.” Public Management, September 2013. Attachment. The City Manager reference the report as enclosed.

VII.

EXECUTIVE SESSION At 8:21 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 9:07 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.

Economic Development – Discussion to authorize a Development Agreement between the Economic Development Corporation of Weslaco and a national restaurant chain that provides an incentive over One Hundred Thousand Dollars ($100,000.00) to locate a new restaurant and shopping center Weslaco pursuant to §551.087 of the Texas Government Code. Commissioner Tafolla, seconded by Commissioner Fox, moved to authorize the Economic Development Corporation of Weslaco to negotiate an incentive agreement in excess of $100,000.00 to locate a new restaurant as discussed in executive session. The motion carried unanimously; Mayor Wise was present, but not voting.

B.

Economic Development – Discussion to authorize a Development Agreement

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between the Economic Development Corporation of Weslaco and a business to expand to Weslaco that provides an incentive over One Hundred Thousand Dollars ($100,000.00) to locate a new restaurant and shopping center Weslaco pursuant to §551.087 of the Texas Government Code. There was no action on this item. C.

Pending Litigation – Consult with City Attorney regarding Cause No. C-3865-10-I, City of Weslaco v. Champion Energy Services, LLC as authorized by §551.071 of the Texas Government Code. Commissioner Tafolla, seconded by Commissioner Noriega, moved to authorize the City Manager to negotiate with Champion Energy as discussed in executive session in an attempt to resolve the case. The City Manager stated he will continue to negotiate and once finalized will disclose the terms to the Commission. The motion carried unanimously; Mayor Wise was present, but not voting.

D.

Discussion with City Attorney to authorize Special Counsel for advice about pending or contemplated litigation pursuant to §551.071 of the Texas Government Code. Commissioner Rivera, seconded by Commissioner Martinez, moved to authorize the City Attorney to negotiate a special services contract with counsel as discussed in executive session. The motion carried unanimously; Mayor Wise was present, but not voting.

IX.

ADJOURNMENT

With no other business before the Commission, at 9:10 p.m. Commissioner Tafolla, seconded by Commissioner Martinez, moved to adjourn the September 3, 2013 regular meeting. The motion carried unanimously; Mayor Wise was present, but not voting. CITY OF WESLACO

___________ MAYOR, Miguel D. Wise ATTEST:

CITY SECRETARY, Elizabeth M. Walker

MAYOR PRO-TEM, J.F. “Johnny” Cuellar

COMMISSIONER, David R. Fox _______ COMMISSIONER, Olga M. Noriega Minutes of the Regular Meeting on September 3, 2013

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COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera

COMMISSIONER, Joe A. Martinez

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A SPECIAL MEETING OF THE WESLACO CITY COMMISSION THURSDAY, SEPTEMBER 12, 2013 On this 12th day of September 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 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; Veronica Ramirez, Human Resources Director; Jeff Underwood, Planning & Code Enforcement Director; David Salinas, Public Utilities Director; 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 Monday, September 9, 2013.

B.

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

C.

Roll Call. Elizabeth Walker, City Secretary, called the roll, noting perfect attendance.

II.

PUBLIC HEARING A.

To solicit input on behalf of Angela Milano, d.b.a. Milano’s La Piccola Italia for a Conditional Use Permit to obtain an On-Premise Wine and Beer Retailer’s Permit at 2900 W. Pike Blvd., also being the southeast 3.46 acres out of Farm Tract 165, Weslaco, Hidalgo County, Texas. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to open the public hearing. The motion carried unanimously; Mayor Wise was present, but not voting. There were no public comments received. Page 1 of 6


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Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to close public hearing. The motion carried unanimously; Mayor Wise was present, but not voting. III.

NEW BUSINESS A.

Discussion and consideration on behalf of Angela Milano, d.b.a. Milano’s La Piccola Italia to approve a Conditional Use Permit to obtain an On-Premise Wine and Beer Retailer’s Permit at 2900 W. Pike Blvd., also being the southeast 3.46 acres out of Farm Tract 165, Weslaco, Hidalgo County, Texas. Possible action. (Requested by Planning and Code Enforcement Department.) Attachment. The City Manager stated notice was published and hearing held; the Planning and Zoning Commission and staff recommend approval of the Conditional Use Permit. Commissioner Tafolla, seconded by Commissioner Martinez, moved to approve the item as presented. The motion carried unanimously; Mayor Wise was present, but not voting.

B.

Discussion and consideration to rescind the authorization to self-insure through TML Risk Pool and reconsider 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 selfinsure on August 20, 2013; there was no action on this item August 27, 2013; Requested by Human Resources Department.) Attachment. The City Manager stated that he has been approached by Montalvo Insurance to reconsider the new numbers he has provided which include additional coverage for the South Waste Water Treatment Plant and other City properties. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to rescind the Commission’s previous action to self-insure with TML Risk Pool and to extend current policies with Montalvo Insurance. Commissioner Noriega asked what has changed from the last time Commission considered this item and why TML Risk Pool was no longer the best choice. City Manager stated that what has changed is the quote from Montalvo Insurance and would like to keep business local. Commissioner Noriega asked where were the numbers from TML Risk Pool that show that Montalvo is now the best choice. Mr. Montalvo stated that they did internal bidding and has added some limits for assets. The numbers presented are competitive for the current market value. Mr. Montalvo added that they had not submitted numbers the first time it was considered by the Commission because they were still in the processes of preparing them. The Mayor asked about coverage on particular lawsuits what were not covered previously. The City Attorney stated that there was a misrepresentation before and those lawsuits were in fact covered. Page 2 of 6


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Mr. Montalvo stated it was at the pleasure of the Commission to extend one more year and next year bids would be required. The motion carried unanimously; Mayor Wise was present, but not voting. Commissioner Noriega stated for the record that she supports Mr. Montalvo because the Commission has the option to extend the contract for an additional year and that was the reason they did not go out for bids. The City Manager stated that the extension year was optional and still required action by the Commission. C.

Discussion and consideration to approve Resolution 2013-67 identifying as authorized representatives for TexPool Bret Mann, Finance Director, and Sonia Flores, Assistant Finance Director, and authorize the Mayor to execute any related documents. Possible action. (Requested by Finance Department.) Attachment. The City Manager stated this is a routine matter to add Sonia Flores as the Assistant Finance Director. Mayor Pro-Tem Cuellar, seconded by Commissioner Martinez, moved to approve item as presented. Commissioner Noriega asked if this item was to remove Gloria Givilancz from contract. City Manager stated that Ms. Givilancz was reassigned to sponsored project coordinator because of her compliance background and remains a City employee. In response to Mayor Wise, the City Attorney state a motion was not needed to remove Ms. Givilancz’s name. The motion carried unanimously; Mayor Wise was present, but not voting.

D.

Discussion and consideration to approve Ordinance 2013-26 amending §1 of Ordinance 77-16 and §1 of Ordinance 67-10 by providing for a new schedule of rates to be charged for treated water delivered through the system of the Public Utilities Department of the City of Weslaco and providing for a new schedule of rates to be charged for the use of wastewater treatment facility of the City of Weslaco, and ordaining other matters with respect to the subject matter hereof. First reading of Ordinance 2013-26. Possible action. (Requested by Public Utilities Department.) Attachment. The City Manager it was discussed in budget workshops, hearings, and meetings that the city would not be raising the water and wastewater rates for residential customers. Instead, Mr. Jeff Snowden’s analysis showed that commercial rates were under market and the City would only be raising the rates on those accounts. Mayor Pro-Tem Cuellar, seconded by Commissioner Rivera, moved to approve the item as presented. In response to Commissioner Noriega, the City Manager stated the last revision to this ordinance was done two (2) hours ago. In response to Commissioner Noriega, Mr. Salinas stated that each commercial account would be affected and the fees were based on meter size with no water consumption included in that cost. Mr. Salinas Page 3 of 6


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clarified that the number 36 accounts was a representative sample in the presentation by Mr. Snowden. He stated that the analysis showed the need for a new rate classification to distinguish larger customers who place greater demand on the plant. The City Manger presented a PowerPoint that reviewed the Ordinances and Resolutions that led to the water rate increase. The City needed a new Water Treatment Facility since 2003. Mayor Pro-Tem Cuellar stated that the Commission had held of 37 meetings on the Water Treatment Plant which were properly posted and public comments could be made but none were received. There were 16 unanimous votes by this Commission and there is a flyer of political propaganda that was handed out which did not accurately identifying those votes. Commissioner Noriega stated that she had reviewed the flier for accuracy and was handing it out, but did not believe it to be misleading. She added the financial advisor has not responded to her inquiry about how the bond will be paid for without raising the water rates. Mayor Pro-Tem Cuellar stated because the operation of the plants had been brought in house, there is going to be a savings of $300,000.00 that allows the City to maintain the rates. City Manager stated that resolutions express the will of the Commission; the flyer identifies a resolution which presents a five (5) year plan for proposed utility increases but the rates must be fixed by ordinance. Mayor Pro-Tem Cuellar stated that after this plan was presented to Standard & Poors the bond rating was increased. After some audience interruption, Mayor Wise stated that this was not a spectator sport and encouraged civility. In response to Commissioner Noriega, Mr. Mann estimated total revenue of $12.0 million by this rate ordinance, sufficient to pay the bond debt. Mr. Salinas added that an ordinance passed several years ago that outside city limits residents must pay 1.5 times the current rate and the proposed ordinance corrects it. Mr. Salinas clarified there is 3½% increase to those accounts that consume 30,000 gallons or more and a 3.6% increase for those that consume 20,000 gallons. The $13.87 is a one-time fee to offset the demand on the plant. The rate varies on a sprinkler meter. Either the facility architect or the City may inform the occupant of meter size. Mayor Pro Tem Cuellar stated that the budget approved last week was a balanced budget which is lowering taxes and not raising water and wastewater rates. Commissioner Noriega opposed because she believes the Commission has not received “concrete information from the City Manager or from Mr. Mann.â€? The City Manager stated that the City has clearly established a record and basis for the proposed rates. The motion carried (5-1) Mayor Wise was present, but not voting. E.

Discussion and consideration to authorize a professional services agreement to conduct a management audit of the Economic Development Corporation of Weslaco, Page 4 of 6


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authorize a budget amendment as appropriate, and authorize the Mayor to execute any related documents. Possible action. (Requested by the Office of the City Manager.) The City Manager stated there is a transition at the Economic Development Corporation of Weslaco (EDCW) making a management audit timely; for example, currently the EDCW does not have a personnel policy. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to approve the item as presented. Commissioner Noriega stated that four (4) Commissioners serve on the EDC Board. In response to Commissioner Noriega and Mayor Wise, the City Attorney stated that every year the EDCW provides a work plan and budget for Commission approval which implies authority because the Commission approves its finances. Their board may ratify it and may help to pay for it if it is a fundable project. Commissioner Noriega asked if the Commission ever conducted an audit for an organization like the Boys & Girls Club. The City Manager stated the two were different because the City created the EDCW. In response to Commissioner Fox, Ms. Alicia Aguilar stated they would be happy to place it on the EDCW agenda as a proposed operating cost. In response to Commissioner Fox, the City Manager stated that cost is unknown at this time but staff is only seeking authority to begin the process. Commissioner Noriega opposed because she believes the EDCW should conduct and pay for the audit. The City Manager stated Counsel has informed the Commission that the EDC might not to be able to pay for it. The motion carried (5-1); Mayor Wise was present, but not voting. Mayor Pro-Tem Cuellar, seconded by Commissioner Tafolla, moved to take item V. A. from its posted sequence for immediate consideration. Commissioner Noriega opposed. The motion carried (5-1); Mayor Wise was present, but not voting. V.

EXECUTIVE SESSION At 7:04 p.m., the Mayor announced the regular meeting to convene in Executive Session. At 7:32 p.m., the Mayor announced the City Commission had completed its Executive Session and reconvened the regular meeting as open to the public. Mayor Pro-Tem Cuellar and Commissioner Rivera did not return to the dais.

VI.

POSSIBLE ACTION ON WHAT IS DISCUSSED IN EXECUTIVE SESSION A.

Economic Development – Discussion with the City Manager to authorize the Economic Development Corporation of Weslaco to negotiate a Development Agreement that provides an incentive over One Hundred Thousand Dollars ($100,000.00) to locate a business to Weslaco pursuant to §551.087 of the Texas Government Code. Page 5 of 6


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Commissioner Fox, seconded by Commissioner Martinez, moved to authorize the Economic Development Corporation of Weslaco to negotiate a Development Agreement on the 18th Street project as discussed in executive session. Commissioner Noriega opposed because a majority of the Commission also serve on the EDCW Board. The City Manager responded there was no impropriety with this arrangement. The motion carried (5-1); Mayor Wise was present, but not voting. IV.

PUBLIC COMMENTS Diana Lopez, 516 South Clifford, commented on her alley. She would like City staff to notify the other owners to clean their part of the alley. Francisco Garza stated he would reserve his comments for the next regular meeting.

VII. ADJOURNMENT With no other business before the Commission, at 7:36 p.m. Commissioner Tafolla, seconded by Commissioner Martinez, moved to adjourn the September 12, 2013 special meeting. The motion carried unanimously; Mayor Wise was present, but not voting. CITY OF WESLACO

MAYOR, Miguel D. Wise ATTEST:

CITY SECRETARY, Elizabeth M. Walker

MAYOR PRO-TEM, J.F. “Johnny” Cuellar

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

COMMISSIONER, Gerardo “Jerry” Tafolla COMMISSIONER, Lupe Rivera

COMMISSIONER, Joe A. Martinez

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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: 9/17/13 III. 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 [ ] Ordinance – First Reading [X] 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 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. ATTEST:

APPROVED:

_________________________________________ City Secretary or Clerk

_________________________________________ Mayor


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III. D.


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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: September 17, 2013 III. E. From (name, title, department and who submitting on behalf of, if any): David Salinas,CFM, Public Utilities Director Subject: Aerator purchase Discussion: Discussion and consideration to authorize the purchase of a VaraCorp Aerator for the North Wastewater Treatment Plant Digester for a cost not to exceed $11,500.00 from a Sole Source Nabers Enterprises, LLC. Authorize a budget amendment as needed, and authorize the Mayor to execute any related documents. Fiscal Note: Amount:

Term of Impact: [#] year(s) Identified in Current Budget: Y/N 1 year NO Additional Action Prompted: [X] Mayor’s Signature [ ] Public Hearing [X ] 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: Staff recommends approval for the above mentioned. Attachments, if any (list and provide in Word or PDF, formatted as 8 ½ X 11”): Sole Source Letter, Quote Responsibilities upon Approval: Upon approval, City Secretary’s office will forward approval to the Public Utilities Department.


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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: 9/17/13 III. F. From (name, title, department and who submitting on behalf of, if any): Bret L. Mann, Finance Director, Finance Department Subject: Resolution 2013-XX identifying as authorized representatives for TexSTAR, Bret Mann, Finance Director and Sonia Flores, Assistant Finance Director. Discussion: Discussion and consideration to approve resolution 2013-XX identifying as authorized representatives for TexSTAR, Bret Mann, Finance Director and Sonia Flores, Assistant Finance Director and authorize the Mayor to execute any related documents.

Fiscal Note: Amount: Term of Impact: 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):

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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AMENDING RESOLUTION 2013-70 WHEREAS, (the “Government Entity”) by authority of the Application for Participation in TexSTAR (the “Application”) has entered into an Interlocal Agreement (the “Agreement”) and has become a participant in the public funds investment pool created there under known as TexSTAR Short Term Assert Reserve Fund (“TexSTAR”); WHEREAS, the Application designated on one or more “Authorized Representatives” within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the “Authorized Representatives” within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED: SECTION 1.

The following officers, officials or employees of the Government Entity specified in

this document are hereby designated as “Authorized Representatives” within the meaning of the Agreement, with full power and authority to open accounts, to deposit and withdraw funds, to agree to the terms for use of the website for online transactions, to designate other authorized representatives, and to take all other action required or permitted by Government Entity under the Agreement created by the application, all in the name and on behalf of the Government Entity. SECTION 2. designation of

This document supersedes and replaces the Government Entity’s previous officers, officials

or

employees

of

the

Government Entity as Authorized

Representatives under the Agreement SECTION 3.

This resolution will continue in full force and effect until amended or revoked by

Government Entity and written notice of the amendment or revocation is delivered to the TEXSTAR Board. SECTION 4.

Terms used in this resolution have the meanings given to them by the Application.


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Authorized Representatives. Each of the following Participant officials is designated as Participant’s Authorized Representative authorized to give notices and instructions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: 1. Name:

Title:

Signature:

Phone: Email:_

2. Name:

Title:

Signature:

Phone: Email:_

3. Name:

Title:

Signature:

Phone: Email:_

4. Name:

Title:

Signature:

Phone: Email:_

{REQUIRED} PRIMARY CONTACT: List the name of the Authorized Representative listed above that will be designated as the Primary Contact and will receive all TexSTAR correspondence including transaction confirmations and monthly statements Name:_

{OPTIONAL} INQUIRY ONLY CONTACT: In addition, the following additional Participant representative (not listed above) is designated as an Inquiry Only Representative authorized to obtain account information: Name:

Title:

Signature:

Phone: Email:

Participant may designate other authorized representatives by written instrument signed by an existing Participant Authorized Representative or Participant’s chief executive officer. DATED

*REQUIRED* PLACE OFFICIAL SEAL OF ENTITY HERE

(NAME OF PARTICIPANT)

SIGNED BY: (Signature of official)

(Printed name and title)

ATTESTED BY: (Signature of official) (Printed name and title) FOR INTERNAL USE ONLY APPROVED AND ACCEPTED: TEXAS SHORT TERM ASSET RESERVE FUND

…………………………………………………………………… AUTHORIZED SIGNER


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

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

character X X

public officer

age

residency

citizenship X

X X

X

X X X adult

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

taxpayer/property owner X

X

qualified voter X

X

management experience

Member Qualifications

no litigation X

# members 3+ 7 16

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

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

2yr 4yr 2yr

meeting schedule

term limits

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

# quorum 4 4

deisgnated final authority X

Defined Duties

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

governing statutes

subject interest

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

appointing authority CC CC CC appts entity

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

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

Telephone Number:

E-Mail Address:

Alternate Phone Number (work/cell):

Home Address:

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

City:

State:

How many years have you lived at this residence?

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

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

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

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


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FIRST NAME Usvaldo Armando Edward Rene Robert George

LAST NAME Ascencio Gutierrez Torres Rodriguez Escobar Jr. Vela 956-969-2202

956-975-1347 956-272-3972

HOME

CELL 956-968-8169 956-968-8175 956-975-1911 956-968-8733 956-720-8589 956-975-7838

PHYSICAL ADDRESS 106 Pe単a Ave PO Box 8351 812 W Valley Trace 801 N Palmas 624 S. Pleasantview Dr. 622 Silva Drive

12/21/2014

12/21/2012

TERMS SERVED

Roy

FIRST NAME Paul 14 Andy 6 Hector E. 3 Ernesto Tijerina Jr

LAST NAME Garza Veliz Valdez Martinez, Jr. 12/14/2012

APPLICATION DATE 1/3/2013 10/13/2011 10/27/2011 10/2/2011

rene.rodriguez@co.hidalgo.tx.u rescobar36@gmail.com sirking2000@aol.com

E-MAIL ADDRESS uascencio2000@yahoo.com

Whenever the Building Official refuses to approve the erection or alteration of a structure or building which does not meet the requirements of the Zoning Ordinance, or when it is claimed that the requirements of such ordinance does not apply or that the true meaning and intent of such ordinance has been misconstrued or wrongly interpreted, the owner or authorized agent may appeal such decision. It is the duty of the Board of Adjustments and Appeals to the Zoning Ordinance to review such appeals and after a hearing, may grant a variance of any section of the zoning ordinance, if in its opinion creates a hardship or is contrary to public interest, or when, in its opinion the interpretation of the Building Official should be modified or reversed.

Narrative

The Board of Adjustments and Appeals to the Building Codes meets the first Monday of every month at 5:00 P.M. in the Legislative Chambers.

Meeting Date

TERM EXPIRES 8/8/2014 11/2/2013 11/2/2013 10/4/2013

TERM START 1/3/2013 6/1/1982 6/16/1998 10/4/2005

CURRENT MEMBERS - BOARD OF ADJUSTMENTS & APPEALS ZONING ORDINANCE

INTERESTED YES/NO

APPLICANTS APPLICATION DATE 6/30/2011 4/15/2004 3/28/2006 12/6/2012 6/3/2013 8/7/2012

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RESOLUTION NO. 2013- 68 A RESOLUTION OF THE CITY OF WESLACO APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENTS & APPEALS-ZONING ORDINANCE. WHEREAS, the City of Weslaco created and established the Board of Adjustments & Appeals-Zoning Ordinance. WHEREAS, the term of the members of this board are for two years; and WHEREAS, the Board of Adjustments & Appeals-Zoning Ordinance members shall serve with neither compensation nor term limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WESLACO, TEXAS THAT ______________________________is appointed to serve an unexpired term on the Board of Adjustments & Appeals-Zoning Ordinance and the term will expire on ______day of _______________, 20____. PASSED AND APPROVED on 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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RESOLUTION NO. 2013-69 STATE OF TEXAS COUNTY OF HIDALGO CITY OF WESLACO

§ § §

RESOLUTION NOMINATING A CANDIDATE TO HIDALGO COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS.

WHEREAS, the City of’ Weslaco, a governmental unit entitled to vote in the selection of a Board of Directors for the Hidalgo County Appraisal District, has been notified by the Chief Appraiser of Hidalgo County, Texas, that nominations to the said Board of Directors should be submitted in Resolution form to the Chief Appraiser by October 15, 2013; and WHEREAS, the City wishes to nominate ______________________ as candidate for Director of the Hidalgo County Appraisal District. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISISON OF THE CITY OF WESLACO as follows: 1.

The City Commission of the City of Weslaco does hereby nominate ______________________ as a candidate for the Director of Hidalgo County Appraisal District.

2.

A certified copy of this Resolution shall be delivered to the Chief Appraiser Hidalgo County, Texas, to evidence this nomination.

PASSED AND APPROVED 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

Agenda Item No. (to be assigned by CSO): Date of Meeting: 9/17/13 II. A & V. 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 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 [ ] Ordinance – First Reading [X] 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

Agenda Item No. (to be assigned by CSO): Date of Meeting: 9/17/13 V. 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 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 [ ] Ordinance – First Reading [X] 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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Economic Development Corporation of Weslaco Work Plan – FYE 2014

Weslaco, the vibrant business-friendly CENTER of the Rio Grande Valley Business Visitor & Event Center         

Continue to manage the Business rentals of conference & board rooms Employ staff & management of all a/v equipment Manage Visitor Center operations including but not limited to Tracking numbers of visitors as required by the State of Texas Management of brochure racks – contacting other centers for updated information By Winter of 2013 Policies for rental, use & management of Great Hall to be established By Spring 2014 Great Hall to be constructed and operational

Commercial Development   

Work with SDI & other commercial developers to attract another major commercial development to Weslaco Work to identify a public/private partnership for the redevelopment of Business 83 from Texas to Airport Expand area for business granting guidelines

Quality of Place  

Work on a plan for a Hike & Bike System around Weslaco Continue to work with Farmers Market Alliance

Central Business District -- Weslaco 100 & Façade Improvement     

Continue to promote & recruit business to locate in Central Business District By September 2014 Complete 5 façade improvements Bring 3 buildings to code & occupancy ready Work on a public/private partnership to attract culture and arts downtown

Mid Valley Industrial Park    

Partner with a private sector investor and/or developer to acquire and subdivide an additional 30 acres Attract an investor/developer to add 40,000 square feet of industrial space Continue to market the industrial park as “Weslaco’s strategic logistics advantage” for businesses to serve the Rio Grande Market Recruit 4 companies to locate to the industrial park

Mid Valley Airport Hangars By Spring 2014  Work on a public/private partnership to construct a set of ten (10) T-hangars or one (1) gang hangar  Promote Mid Valley Airport as the airport of choice for business & general aviation Marketing & Promotion     

Brand Weslaco as the attractive, vibrant, business friendly CENTER of the Rio Grande Valley Promote cleanup, landscaping, & beautification of the community – especially the commercial corridor Serve as a key point of contact, to advocate & facilitate business expansion & development Promote Mid Valley Airport as the airport of choice for business & general aviation Continue Alfresco Weslaco as a marketing tool for business attraction & expansion


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Standardized Agenda Request Form

Agenda Item No. (to be assigned by CSO): Date of Meeting: September 17, 2013 VI. C. From (name, title, department and who submitting on behalf of, if any): Jeff Underwood, Planning Director, Planning and Code Enforcement Subject: A resolution in support of the development and construction of the International Bridge Trade Corridor (IBTC). Discussion: TxDOT has $60 million set aside to construct the IBTC. However, TxDOT has indicated that local financial support in the amount of approximately $2.5 million will be necessary to secure this funding. The cities of Alamo, Donna, Edinburg, Mercedes, Pharr, San Juan and Weslaco, along with Hidalgo County Precincts 1 and 2 met on August 21st, and agreed to request approval from all respective commissions, that each entity will participate by providing funding in an amount not to exceed $30,000 per year for a period of ten years. Funding for Weslaco’s share is projected to be set aside in the FY 2013-2014 budget. Fiscal Note: Amount: $ 30,000 Term of Impact: [10] 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 and map Responsibilities upon Approval: Staff will follow up with required documentation


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RESOLUTION NO. 2013-63 RESOLUTION IN SUPPORT OF THE DEVELOPMENT AND CONSTRUCTION OF THE INTERNATIONAL BRIDGE TRADE CORRIDOR (IBTC) THIS RESOLUTION is adopted this ____th day of ____________, 2013 by the City of Weslaco City Commission at regular meeting. WHEREAS, the effort to construct a trade corridor in Eastern Hidalgo County is a regional effort to enhance transportation and economic development for all communities in Hidalgo County; and WHEREAS, the cities of Alamo, Donna, Edinburg, Mercedes, Pharr, San Juan, Weslaco, along with Hidalgo County recognize the importance of the IBTC as it will facilitate mobility, relieve congested roadways, improve safety conditions for the traveling public and support economic development opportunities for our region; and WHEREAS, the proposed project is critical to the long term economic viability of our region; and WHEREAS, the proposed project will facilitate international commerce and the long term, sustainable development of Hidalgo County; and WHEREAS, the cities of Alamo, Donna, Edinburg, Mercedes, Pharr, San Juan, Weslaco, along with Hidalgo County believe that financial resources are necessary to secure the potential funding from the Texas Department of Transportation in the amount of Sixty Million Dollars toward the development of the IBTC, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WESLACO, TEXAS THAT: 1) The total funds to be requested from the each participating entity is projected to be $30,000.00 per year for a period of ten years. 2) Upon approval of this resolution, the Mayor, or his representative is hereby authorized to execute all related documents. PASSED AND APPROVED on this __________day of __________ 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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VI. D.


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Municipal Progress Report 2010-2013 In the last three years, Weslaco cut waste… lowered taxes … balanced its budget – with surpluses… increased its bond rating… and $9.0 million in new infrastructure projects with no new taxes. Issue Bond Ratings: This is the City’s “credit rating” used to borrow money General Fund Balance: City uses this fund to run its general operations. Like a personal checking account, it should have a cushion of 25% Property Taxes

2010 3 Downgrades from 2007 to 2010 by S&P & Moodys

2013 Upgrade by S&P from BBB+ to A; Outlook changed from negative to stable then positive

After 10 yr of steady decline… it was at 0% ($36,000 in red)

$4.2 million surplus by 2014… reaching 25% one yr ahead of schedule.

$0.6967/$100.00

Public Utility Dept.

Water Treatment Plant fined by State for being too small (8.0MGD) Private company operated plant No utility department

Taxes cut to $0.6867 & total of 5 cent cut over 10 yrs. This makes Weslaco more competitive for investment New Plant with double capacity (18.0MGD) to open 2015 Canceling private operations contract will save $300,000/yr

Infrastructure: Roads, drainage, buildings, equipment

No capital expenditures budgeted

City Employees

Over-staffed with approx. 360 employees

Transparency: Informing the Public

Limited website, no social media

Nearly $9.0 million available for Westgate, Mile 9, 18th St, Parks, sidewalks. New buildings underway for Valley Nature Center and Boys & Girls Club Right-sized at approx. 250 employees In-house team includes engineer, planners, lawyers & other professional Website expanded and updated regularly now on facebook, twitter, etc. Commission videos on YouTube Texas Comptroller Leadership Award received


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

City Manager’s Report 17 September 2013 Departmental Update • Airport o No Report. • City Secretary’s Office o Records completed a major undertaking by re-inspecting 136 boxes of Police Department files, originally identified for permanent retention. Records were resorted and reassigned in compliance with the filing schedule, resulting in the permanent retention of only eleven boxes. The remainder has been coded for destruction. o Following a meeting with the State Director of the Texas Alcoholic Beverage Commission, the City Secretary’s Office is working with Planning and Code Enforcement Department to streamline the conditional use process for liquor license applicants subsequent to state statutory changes effective September 1. o Six candidates filed for the November election, two each for Mayor and Single Member Districts Commissioners 5 and 6; the month-long candidate filing period ended August 26 at 5:00 p.m. o Identification is now required to vote in Texas. •

Finance Department o Conducted Fiscal Year 2013-14 Budget Workshops. o Completed first reading of the 2013-14 Fiscal Year City of Weslaco Budget. o Prepared 42 boxes of records to be sent to records management. o Attended Investment Act mandatory training. o Attended Fire Fighter’s Pension Meeting. o Preparation of capital expenditures budget.

Fire Department o Supported Payne Motors Grand Opening on September 7. o Structure Fire at Rio Valley Estates 715 N. Westgate. On September 9. One fatality. o Successfully transmitted via the net our first EKG on an actual call.

• Homeland Security Department o Team visit to the City of Keller Police Department Regional Communications Center. The three Chiefs that make up the Executive Committee recommended that


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we incorporate one (1) common Computer Aided Dispatch Software to insure commonality and ease of record keeping. They also suggested that we select a common Frequency for Police, Fire and EMS dispatching. All police on one Freq., Fire on one common channel and EMS on a common Freq. They will be forwarding their SOP. •

Information Technology Department o All fiber has been laid out and the IT Department continues to work closely with SmartCom Internet of McAllen to finish getting all the City’s remote facilities linked to City Hall and Library data and email servers. Overall, we are about 75% complete. o IT has been working closely with the Fire Department and Verizon to get the EMS units mobile. o IT is working closely to assist the Mayor Joe V. Sanchez Public Library to get them back online again. o IT continues to work on templates for the new City website which is expected to be operational before the end of this year. Thank you for your patience. o IT will be attending the National Association of Government Web Professionals National Conference for the 4th year in a row at the end of this month in Louisville, Kentucky. This is a great way to network with other IT and web professionals from across the nation.

Library Department o The Wall Remodeling Project is moving along very well. The carpet has been removed; walls have been repaired and textured. We are on pace to re-open the main library building Monday, September 23. The library is planning a ribbon cutting event for Wednesday, October 16 at 10am. o The public has responded well to the movement of services to the Porter Doss building. We have only seen a moderate downturn of statistics and we have received very few complaints. o Public Facilities has assisted greatly during the remodeling, their efforts have saved the city thousands of dollars in the last few weeks.

Municipal Court o 40 cases were set for pretrial.  40 Total Cases / 28 Total Persons o Disposition:  8 Cases with no status charge.  15 Dismissed by prosecutor.  6 Warrants issued.  6 Dockets closed.  3 Pre-trial Hearing to new date.  1 Deferred disposition. o There were 7 cases from pretrial hearing that was set for trial.

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 7 Total Cases  6 Total Persons o Disposition:  7 Dismissed by prosecutor. o In the month of July, the Court generated $73,946.57, the City will keep $52,388.87 and the State will keep $21,557.70. This month I will be working on August monthly state report. •

Parks/Recreation o Tilled and planted Bermuda seed at Isaac Rodriguez, Pecan Grove, City Park, Harlon Block, Gibson, Cavazos, and Plazita. Taking advantage of the rain fall. o Replaced swings at Cavazos Park o Started rubber mulch project at Gibson Park. It was delayed due to the rain.

Planning /Code Enforcement o Staff is in the process of finalizing the grant application from FEMA to enlarge the drainage ditches around Las Brisas Subdivision in order to eliminate the flooding issue in that neighborhood. o Staff continues to work on annexation. o The City Engineer is attending a Storm-Water Pollution Prevention Inspection Class in Austin. o Staff is working with the Low Cost Spay and Neuter Clinic in McAllen in an effort to bring those services to Weslaco.

Police Department o No Report.

Public Facilities Department o Public Facilities continues with pothole repairs. o The Department continues to clean drainage inlets for easy water flow. o Ruben Salinas is retiring after 21 years of service.

Public Utilities Department o The transition towards self-performance of water and wastewater operations is going well. Sixteen (16) of the nineteen (19) OMI positions have been filled with the remaining three (3) in the process. A total of six (6) employees with OMI will be employed with the City. o A complete walkthrough of water and wastewater facilities is scheduled next week with OMI staff to address any pending transition details. o A bid opening is scheduled for Friday August 9 for chemicals, sludge transport, and laboratory services for water and wastewater treatment operations. o Contractors began installation of 12” line on 6th street the week of September 2. o Contractors continue installation of 20” line on Texas Boulevard. o CDM Smith has 16 weather days (days without construction) as of September 10.

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Upcoming Meetings & Events o 2013 Texas Local Fire Fighters Pension Conference (September 16-18; Lubbock) o Sales Tax Training ( September 20; Waco)

Media o Mercedes, Weslaco both try to annex same land (The Monitor, September 12) o Weslaco churches at the center of political flap (The Monitor, September 9) o Police look into woman found in burned home (The Monitor, September 9) o Amid drought, groundwater desalination touted (The Monitor, September 8) o Weslaco city manager: Despite cost, sending adoptable strays to shelter 'important' (The Monitor, September 8) o Weslaco native ascends to Italian superstar (The Monitor, September 7) o Mariachi star sings to supporters in Weslaco (The Monitor, September 7) o Mid-Valley superintendents talk educational challenges (The Monitor, September 7)

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INTERIM EXECUTIVE DIRECTOR’S REPORT TO WESLACO CITY COMMISSION September 2013

1.

Progreso Bridge The EDC and City are working with TxDOT, Progreso Bridge and Mexican officials to facilitate the southbound truck traffic into Mexico.

2.

Hermes Music The expansion of Hermes Music to Weslaco is nearly a reality. The company is expecting to occupy the old Hollywood Video location just east of IHOP on the expressway.

3.

EDC Website Our new EDC website will be launched soon with great fanfare and all new photography.

4.

Khan’s Grill Khan’s Grill is coming to Weslaco and is interested in relocating the company headquarters as well.

5.

Applebee’s Applebee’s will be opening in Weslaco at the end of December with a brand-new look, only the second of its kind.

6.

A Gastronomic Explosion in Weslaco The Grand Openings of Arturo’s Bar & Grill, New York Deli, and Edible Arrangements occurred in a single week. Soon we will see Panda’s Express, Chick-Fil-A, and of course, Khan’s and Applebee’s. And still we are challenged to find seating in a restaurant in Weslaco at noon.

7.

TEDC Sales Tax Workshop Texas Economic Development Council holds Sales Tax Workshops to assist city and economic development officials to understand the laws governing the use of the sales tax receipts for economic development projects. City officials and EDC Board members will attend the workshop in Waco.

8.

Sales Tax Weslaco continues to experience a positive trend.

AA:mg 9/10/13

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

13 09 17 agenda supplements  

Supplemental documentation to the agenda of the regular meeting of the Weslaco City Commission September 17, 2013

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